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HomeMy WebLinkAboutPermit L07-027 - CITY OF TUKWILA - SIGN CODE AMENDMENT This record contains information which is exempt from public disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW as identified on the Digital Records Exemption Log shown below. L07-027 CITY OF TUKWILA CODE AMENDMENT DIGITAL RECORDS (DR) EXEMPTION LOG THE ABOVE MENTIONED PERMIT FILE INCLUDES THE FOLLOWING REDACTED INFORMATION Page # Code Exemption Brief Explanatory Description Statute/Rul e The Privacy Act of 1974 evinces Congress' intent that social security numbers are a private concern. As such, individuals’ social security Personal Information – numbers are redacted to protect those individuals’ Social Security Numbers 5 U.S.C. sec. privacy pursuant to 5 U.S.C. sec. 552(a), and are DR1 Generally – 552(a); RCW also exempt from disclosure under section 42.56.070(1) 5 U.S.C. sec. 552(a); 42.56.070(1) of the Washington State Public RCW 42.56.070(1) Records Act, which exempts under the PRA records or information exempt or prohibited from disclosure under any other statute. Redactions contain Credit card numbers, debit card numbers, electronic check numbers, credit Personal Information – expiration dates, or bank or other financial RCW DR2 Financial Information – account numbers, which are exempt from 42.56.230(5) disclosure pursuant to RCW 42.56.230(5) except RCW 42.56.230(4 5) , when disclosure is expressly required by or governed by other law. Redactions contain information used to prove Personal Information – RCW identity, age, residential address, social security DR3 Driver’s License. – 42.56.230 number or other personal information required to (7a & c) RCW 42.56.230 (7a & c) apply for a driver’s license or identicard. 1007, 1008, 1009, 1010, Redacted content contains a communication 1011, 1012, 1013, 1014, between client and attorney for the purpose of 1015, 1016, 1017, 1018, obtaining or providing legal advice exempt from RCW Attorney-Client Privilege – disclosure pursuant to RCW 5.60.060(2)(a), 5.60.060(2) 1019, 1020, 1021, 1022 DR4 RCW 5.60.060(2)(a); which protects attorney-client privileged (a); RCW RCW 42.56.070(1) communications, and RCW 42.56.070(1), which 42.56.070(1) *Staff Note: An unredacted protects, under the PRA, information exempt or copy of these pages from the prohibited from disclosure under another statute. record is available in the Staff-only portal.* L07 -027 CITY OF TUKWILA 1. Sign Code Ordinance in Final Form SIGN CODE AMENDMENT 2.uts, Agenda Front Sheet, and Relevant Agenda Material from August 16, 2010 Regular Council Meeting. 3. 3111 Agenda Front Sheet, and Relevant Agenda Material from August 9, 2010 COW Meeting. 4. Minutes, Agenda Front Sheet, and Relevant Agenda Material from July 12, 2010 COW Meeting. 5. Minutes, Agenda Front Sheet, and Relevant Agenda Material from June 28, 2010 COW Meeting 6. Minutes, Agenda, and Relevant Agenda Material from June 7, 2010 CAP Meeting 7. andouts from April 22, 2010 PC Meeting 8. il k ! : nu, Agenda, and Relevant Agenda Material from April 22, 2010 PC eeting 9 - . - s, Agenda, and Relevant Agenda Material from April 15, 2010 PC Title 19, Sign Code Regulations Legislative Record Meeting 10. Planning Commission Written Public Comments provided at March 25, 2010 PC Meeting 11. ,ontractor Notification Postcards Mi genda, and Relevant Agenda Material from March 25, 2010 PC eeting 13. aterial from Planning Commission Work sessions, Various Dates, including 1 ' . Material from Sign Code Advisory Committee Meetings, Various Dates, including Meeting Minutes A. /Sign Code Advisory Committee Policy Recommendations 1 ' tes, Meeting Agenda, and Meeting Materials from May 15, 2008 Sign Code Advisory Committee (Meeting #1) Minutes, Meeting Agenda, and Meeting Materials from June 12, 2008 Sign Code Advisory Committee (Meeting #2) > Minutes, Meeting Agenda, and Meeting Materials from July 10, 2008 Sign /Code Advisory Committee (Meeting #3) E1/ il inutes, Meeting Agenda, and Meeting Materials from July 31, 2008 Sign Code Advisory Committee (Meeting #4) F. a, Meeting Agenda, and Meeting Materials from September 18, 2008 clJ Sign Code Advisory Committee (Meeting #5) MMnnute Meeting Agenda, and Meeting Materials from October 16, 2008 Sign Code Advisory Committee (Meeting #6) 15. Procedure Documents A. SEPA DNS issued March 12, 2010 B. Commerce Notification of Intent to adopt dated March 15, 2010 a e - . c .rcL AN Fu hr. o E A A bx► 101 W:\Long Range Projects \Sign Code Update \Final Code \Outline.doc • • • City of Tukwila Washin on Ordinance No. 3 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 1995 §1(part) 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way - finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non - motorized forms of transportation; and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed -use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citizens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six tunes to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and Planning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, the City desires to adopt sign regulations that are easily understood by the City's businesses and residents and to that end wishes to consolidate all sign regulations under one Title; and ' WHEREAS, large commercial properties within the Tukwila Urban Center and Tukwila Valley South zoning districts have unique sign needs which requires a code that provides flexibility to address their sign needs; and W \Word Processing \ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 1 of 29 WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non - Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and WHEREAS, on April 22, 2010, the Planning Commission passed a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections. A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of arty inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline W \ Word Processing\ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 2 of 29 • • • • • Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and /or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19.08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 "Awning" means a fabric - covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Awning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 "Awning/Canopy Sign, Under" means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off - premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building Mounted Sign" means a sign permanently attached to a building and indudes flush - mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial; all properties located along Boeing Access Road; and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this Title are satisfied. Attachment D and E are maps that show the billboard receiving areas listed with this definition. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City. 19.08.070 "Cabinet Sign" means a geometrically- shaped sign with a translucent face, backlit by an internal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three - dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commerdal and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C/ LL TVS or TSO. 19.08.084 "Corner Projecting Sign" means a tall, vertically- oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department" means the Department of Community Development or subsequent organizational successor. 19.08.091 "Digital Billboard" means an off - premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign W \Word Processing \ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.dooc BM:mrh 08/11/2010 Page 3 of 29 except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that can be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face" means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/ exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted in Attachment C, attached hereto. 19.08.150 'Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H. 19.08.155 "Institutional Use" means any non - residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 'Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi- Family Complex" means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.185 "Off`- Premise Signage" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Structure Incentive Sign" means a flush - mounted building sign permitted on parking structures and intended for periodic changes in copy. 19.08.195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. W: \Word Processing \Ordinances \Title 19 Sign Code - FINAL-OPT 1.docx BM:mrh 08 /11/2010 Page 4 of 29 • • • 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity. 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. 19.08.235 "Sign" means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three- dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.247 "Tukwila Urban Center" is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zoning Map kept on file with the Department of Community Development. 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Corridor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18 -9. 19.08.265 "Window Sign" is a sign applied to a window or mounted or suspended directly behind a window. 19.08.270 'Window Sign, Temporary," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 'Wireless Communications Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director") or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency. C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. W.\ Word Processing \Ordinances \Title 19 Sign Code - FINAL-OPT 1.docx BM:mrh 08/11/2010 Page 5 of 29 19.12.030 Exceptions - Sign Permits Not Required. The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non - commercial speech. 3. Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9. Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 11. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building - mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement without City and /or State approval; 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4; 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation; W \ Word Processing \Ordinances \Title 19 Sign Code - FINAL -OPT 1.doa BM:auh 08/11/2Q10 Page 6 of 29 • • • • 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under Section 19.24.060; 7. The use of portable signs or other similar devices, unless permitted under Section 19.24.070; 8. Dynamic signs, except those types specifically permitted under this code; and 9. Abandoned signs. 19.12.050 Party-of- Record. Arty person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party-of- record. The applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28 -day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14-day period that the application is incomplete. D. The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. E. The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. F. The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed; 4. a site plan; 5. a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 7 of 29 6. the procedures and deadline for filing comments, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application; 7. the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D. Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. F. Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and arty parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application, the staff report and any environmental documents or studies can be reviewed; 4. a site plan; 5. the date, time, place and type of hearing; 6. the phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing; 7. the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period: 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: W:\ Word Processing\ Ordinances \Title 19 Sign Code - FINAL-OPT 1.doc c BM:mrh 08 /11/2010 Page 8 of 29 • • • • a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity. 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires art amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D. A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department. 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain: 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. 19.12.160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the W: \Word Processing \ Ordinances \Tide 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 9 of 29 Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19.12.120 and 19.12.130. 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control, The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and /or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right - of -way, easements under City control or property owned and/ or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain alI signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten -day period has expired, the City shall have the right to dispose of the signs. D. Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City. As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically: 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non- Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45. The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review. The City's Building Official may require that proposed building- mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review. Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building- mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building- mounted sign is installed. W.\ Word Processing\ Ordinances\ Title 19 Sign Code - FINAL-OPT l.doa BM:mrh 08 /11/2010 Page 10 of 29 • • • • • B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non - conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned- out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City. 6. If a building- mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned as defined by TMC Section 19.08.020. The particular mitigation measures shall be based on the circumstances outlined below: 1. Non - conforming Freestanding Sign. In the event that a non - conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City. 2. Non - conforming Building - Mounted Sign, In the event that a non - conforming building - mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building - Mounted Sign. In the event that a conforming building- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, W.\ Word Piv essing \ Ordinances \Title 19 Sign Code - FINAIAPT 1.docx SM:mrh 08/11/2010 Page 11 of 29 the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building- mounted signs. 9. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush - mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D) The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) - Design Standards. 1. The maximum area of any flush - mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush- mounted building sign be greater than 50 square feet. 2. Lighting for flush - mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones. 1. One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to lOPM. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed 3 -foot candle above ambient light conditions, measured 100 feet from the face. W \ Word Processing \ Ordinances \Title 19 Sign Code - FINAL -OPT 1.dooc BM:mrh 08/11 /2010 Page 12 of 29 • • • Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side/72 square feet total 54 square feet per side /108 square feet total 6 feet One 400 -599 feet 50 square feet per side /100 square feet total 70 square feet per side /140 square feet total 7 feet One 600 -799 feet 60 square feet per side /120 square feet total 80 square feet per side /160 square feet total 7 feet One 800 -999 feet 66 square feet per side /132 square feet total 88 square feet per side /176 square feet total 8 feet Two 1,000 feet and over 72 square feet per side /144 square feet total 96 square feet per side/192 square feet total 8 feet One for every 400 feet of linear street frontage. • • • 2. Notice of Understanding. The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he /she understands and agrees to abide by the above requirements. 19.20.040 Permanent Free - Standing Signage in Commercial/Industrial Zones. Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free - standing monument - style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1. Table 1— Design Standards for Permanent Monument Signs in Commercial and Industrial Zones a. Allowable sign message area is either the face panel of the sign, or for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Special Corner Properties or Properties with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has as at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 3. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maximum Width. The maximum permitted width of a monument sign is 15 feet. 5. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.20.050 Permanent Building- Mounted Signs in Commercial and Industrial Zones. A. Flush- Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush- mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush - mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. W: \Word Processing\ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 13 of 29 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF - 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 - Allowable Message Area for Permanent Wall Signs In Commercial and Industrial Zones B. Awning Face Sign. An awning face sign may be substituted for a flush - mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush - mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed among multiple awnings on an exposed building face. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located, 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building- mounted sign when the following standards are met 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground - floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5. No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D. Corner Projecting Sign. In order to foster an urban-style environment, a corner projecting sign may be substituted for a projecting sign allowed under Section 19.20.050.C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each comer of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a comer projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. W \ Word Processing \Ordinances \Title 19 Sign Code - FINAL-OPT 1.docx BM:mrh 08/11/2010 Page 14 of 29 • • • • • 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The Letters may not project beyond the edge of the canopy. 4. The length of the sign may not exceed two- thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building- Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. Under- Awning/Canopy Sign. a. Under - awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy. e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Atoning/Canopy Side Sign. a. Only awnings /canopies that are over exterior public entrances are permitted signs. b. Only one awning /canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two -thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. c. No more than ten percent of the total ground -floor transparent - window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and W. \Word Processing \ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 15 of 29 mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush - mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 1920.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." G. Parking Garage Incentives. The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above - ground parking levels. 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally- illuminated cabinet signs are not permitted. 5. Each sign may be a maximum of 288 square feet in area. 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7. A maximum of two parking structure incentive signs are allowed per parking structure wall. 19.20.060 Pole Banners. A. Pole banners are only permitted in the Tukwila Urban Center zone. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chapter 19.22, "Tukwila Urban Center Opt -Out Provision," hereby reads as follows: W:\ Word Processing \ Ordinances \ Tide 19 Sign Code - FINAL -OPT 1 .docx BM:auh 08/11/2010 Page 16 of 29 • • 19.22.010 Purpose. The Tukwila Urban Center defined in TMC Section 19.08.247 is an area of existing development that due to its high traffic counts and auto - oriented property configuration is well served by the historical sign regulations. This chapter establishes an "opt - out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC Chapter 19.20. 19.22.020 Opt Out Permitted. A. A property owner within the Tukwila Urban Center (TUC) may choose to "opt out" of the requirements found in Chapter 19.20 of this Title if the following criteria are met: 1. The property owner of record must submit a letter to the Director of DCD notifying the City of the property owner's intent to "opt -out" of Chapter 19.20 within one year of the effective date of this Title, with copies of the opt out letter provided to all tenants on the premise. 2. The letter must include a map identifying all parcels included in the "opt -out" request and verifying that the premise is located within the TUC. 3. An "opt -out" request will apply to all buildings, tenants and signs on a premise. 4. The letter must be accompanied by the fee established in the most current fee schedule. B. Upon receipt of the letter, the Director of Community Development shall confirm receipt and issue a determination regarding whether the property meets the opt -out criteria listed above. 19.22.025 Other Chapters Remain in Force. A decision to opt out as permitted by TMC Section 19.22.020 is only from Chapter 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of Chapter 19.20 are ineligible to participate in the Master Sign Program found in Chapter 19.32 unless the property owner chooses to opt back in pursuant to TMC Section 19.22.040. 19.22.027 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device under this chapter shall include the following: 1. Three copies of a completed and signed application form provided by the City noting that the sign is proposed on an "opt -out" premise. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If wall signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Method of illumination, if proposed. 6. Method of support and attachment for wall signs. 7. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 8. Structural calculations, if required per Section 19.16.020. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Valid Tukwila business license number for the sign contractor, if applicable. 19.22.030 Allowable Signage. A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs. Each tenant space shall be permitted one permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises. The following criteria shall be met for all permanent wall signs: a. The area of the wall sign shall be a percentage of the area of exposed building face of the tenant space, as calculated per Table 1. W \ Word Processing \ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 17 of 29 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF - 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted Street Frontage Sign Area/Sign Up to 200 feet 50 sq ft. with a total of 100 sq ft. for all sides. 200 to 400 feet. 75 sq. ft. with a total of 150 sq. ft. for all sides. Over 400 feet. 100 sq. ft. with a total of 200 sq ft. for all sides. Table 1 - Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor b. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for the sign. c. Only one permanent wall sign is permitted per tenant space per exposed building face. 2. Freestanding Signs. One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; b. The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; c. The site is occupied by at least two tenants. 3. Development Standards for Freestanding Signs. The following development standards shall apply to freestanding signs permitted under TMC Section 19.22.030 (B): a. Area of Sign. b. Height. Any permitted freestanding sign shall be not taller than the building it identifies up to a maximum height of 35 feet, c. Setback. All freestanding signs shall be set back from all property lines a distance equal to the height of the sign. d. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs. Properties that choose to opt out of the provisions of TMC Chapter 19.20 are prohibited from having any sign which may be considered a dynamic sign. 19.22.040 Right to Opt Back In. A property owner that previously chose to opt out under TMC Section 19.22.020 may choose to opt back in to the signs permitted under TMC Chapter 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back in to TMC Chapter 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not conform to the requirements of TMC Chapter 19.20 and either modify or remove them within 30 days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC Chapter 19.20, the letter must be accompanied by sign permit applications identifying how they will achieve conformance. Section 7. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. W:\ Word Processing \Ordinances \Tide 19 Sign Code - FINAL -OFT 1.dooc BM:mrh 08/11/201.0 Page 18 of 29 • • 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. Two copies of a completed and signed application form provided by the City; 2. Two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. Two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed; 5. Length of proposed display; and 6. Fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. The use W:\ Word Processing \ Ordinances \ Tide 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 19 of 29 of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent - window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D. All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run -off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent. F. Campaign signs are in addition to any sign permitted under TMC Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right -of -way areas not maintained by an adjacent property owner. W: \Word Processing \ Ordinances \ Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh O8 /11/2010 Page 20 of 29 • • Section 8. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, induding the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7. 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. 19.28.040 Variance Not Permitted. In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 9. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated W \ Word Processing \Ordinances \Title 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 21 of 29 into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within commercial or industrial zones. 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.O60.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.O60.B, will be reviewed by the Board of Architectural Review. Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria. A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. 5. No sign - related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non - conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter. 9. Analysis of sight distance safety if increases in size to monument signs or installation of a grand- monument sign is proposed. W:\ Word Processing\ Ordinances\ Title 19 Sign Code - FINAL-OPT 1.docx BM:mrh 08/11/2010 Page 22 of 29 • • 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush - mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush - mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet, b. For premises 85 acres and over in size, the flush- mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush - mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally- integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 3. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. W:\ Word Processing \ Ordinances \ Tide 19 Sign Code - FINAL -OPT 1.docx BM:mrh 08/11/2010 Page 23 of 29 b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non - conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. Section 10. TMC Chapter 19.36, "Non- Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non - conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered legally non - conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non - conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non - conforming upon adoption of this code, may be issued a non - conforming sign permit that will allow them to remain for 10 years from the effective date of this ordinance. This shall be known as "the grace period." This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non - conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely. However, relocation, re- erection, alteration, replacement or change in any way to a legal, non - conforming sign, including the structure or sign panel /face /copy, will require the sign be brought into compliance with this code. 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's Sign Code as of August 2010, as adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate the signs were legally conforming at the time of installation and that any modifications made to W \Word Processing \ Ordinances \ Title 19 Sign Code - FINAL -OPf 1.docx BM:mrh 08 /11/2010 Page 24 of 29 • • the sign complied with the City's Sign Code regulations at the time of the modification. Any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section will require the sign be brought into compliance with this Code 19.36.040 Non - Conforming Sign Permits. A. Non - conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non - conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non - conforming or illegal; and 2. whether the sign may be eligible for a non - conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non - conforming Sign Permits. 1. Eligibility. A non - conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non - conforming sign permit is required for all eligible non- conforming signs within the City. The sign owner shall obtain the permit within 180 days of notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications. Applications for a non - conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non - conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility. The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with Section 19.12.120. C. Loss of Legal Non - conforming Status. Non - conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non - conforming sign permit is required but not obtained within 180 days of notice of non - conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non - conforming building- mounted signs on the premise affected by the construction and all non - conforming free - standing signs lose their non - conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non - conforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two-year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non - conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy. W. Word Processing \ Ordinances \ Title 19 Sign Code - FINAL-OFT 1.docx BM:n-rl, 08/11/2010 Page 25 of 29 Type of Billboard Proposed In Designated Receiving Area Number of Billboard Faces That Must Be Removed Within Designated Sending Areas One Static Billboard Face Three billboard faces One Digital Billboard Face Five billboard faces 19.36.060 Non - Conforming Temporary Signs. A. Non - conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. B. Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited. No additional permanent building- mounted signage is permitted on a tenant space that contains a non - conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non - conforming freestanding sign. 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor In order to assist with the removal of non - conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18 -9. b. Removal of non - conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non - conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. Section 11. TMC Chapter 19.38, "Billboards," hereby reads as follows: 19.38.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, induding removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. Table 1 3. Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated W \Word Processing \ Ordinances \ Tide 19 Sign Code - FINAL -OFT 1.docx BM;mrh 08/11/2010 Page 26 of 29 • Type of Sign Proposed in Designated Receiving Area Number of Billboards That Must Be Removed Within Designated Sending Areas One Static Billboard Face Five billboard faces One Digital Billboard Face Seven billboard faces Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet • receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair To qualify for the billboard area increase a billboard provider must provide a total of 28 days of message time for civic events. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within ten feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. Lighting of billboards: 1) The billboard may be illuminated; non - digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3 -foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3. Table 3 g• Table 2 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees pruning of the street trees, is permitted, provided: W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL -OPT 1.dooc BM:mrh 08 /11/2010 Page 27 of 29 1. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. 2. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. 5. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5. Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or FIDR. 6. Non - digital billboards cannot be refurbished or upgraded to either tri- vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with TMC Section 19.38.040.8 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be Iimited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall include the following: 1. Three copies of completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application. 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600 feet. 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5. Three sets of scaled and dimensioned footing design and height calculations. W:\ Word Processing \ Ordinances \Title 19 Sign Code - FINAL-OPT 1.docx BM:mrh 08 /11 /2010 Page 28 of 29 • • 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of structure calculations. 7. If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found in Section 19.38.040.G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Tukwila business license number for the sign contractor, if applicable. Section 12. Signs Prohibited within the Right -of -Way. All regulations regarding the placement of signs within the City's Right of Way as codified at TMC Section 11.24.070.B. are hereby repealed. Section 13. Repealer. Ordinance Nos. 1274, 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 1995 §1(part), 2004, 2019, 2096, and 2126, are hereby repealed. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 15. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this / ( 0 7 11 d a y / , tA 5 . , 2010. Dennis Robertson, Mayor Pro Tempore Filed with the City Clerk: -/ 1- /O Passed by the City Council: -I 6 -/0 Published: 19- / D Effective Date: Ordinance Number: ATTEST /A THENTICATED: Christy O'Flahe / , CMC, City Cl rk APPROVED AS TO FORM BY: Offic mey Attachments: A Definitions with photographic examples B Sign height drawing C Sign placement drawing D Map of Billboard Receiving Area (West Valley Hwy) E Map of Billboard Receiving Area (Boeing Access and East Marginal Way South). W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL -OPT 1.docx HM:mrh 08 /11/2010 D3o Page 29 of 29 Attachment A — Definition Samples Signs "Awning /Canopy Side Sign" means a sign which is applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 4 "Awning /Canopy Sign, Under" means a sign which is suspended from an awning, canopy or arcade but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. IP "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. "Cabinet Sign" means a geometrically shaped sign with a translucent face backlit by an internal light source. 1 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance, or storefront opening, providing weather • rotection. • • • • • • Attachment A — Definition Samples Signs "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. "Corner Projecting Sign" means a tall, vertically oriented sign which projects from a building corner and which is structurally integrated into the building. "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75% of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this Code. Attachment A — Definition Samples Signs "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. "Projecting Sign" means a permanent sign which is perpendicular to the building facade and which is suspended from a bracket, armature, or which is cantilevered to the building. 4 c: ; 4 a "Window Sign" is a sign which is applied to a window or mounted or suspended directly behind a window. "Window Sign, Temporary ", is a sign which is applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. • • • • Five feet from sign Lowest point within 5ft of sign • • Tallest point of sign • 40' F-- 40'------>: • 1 40' 1 Standard Sight Distance --� May be modified by City Engineer Right Out Only 1 Access Permits all turning motions Public Road Center of Intersection of private access to public street Public Road Sign placement m ust com ply with setback requirements of sign code Center of Intersection of private • • • • SUMMARY OF Ordinance No. 2303 City of Tukwila, Washington On August 16, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2303, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 1995 §1(part) 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on August 16, 2010. 71 7 Christy O'Flahe Published Seattle Times: August 19, 2010 Meetin_ Date Pre.ared ‘ Manor„ . review Council review 06/28/10 BM IMSIMILITIMMII CATEGORY /I 07/12/10 BM ❑ Resolution Mtg Date 08/09/10 BM ■ Public Hearing , 08/16/10 BM W�� I_� CAS NUMBER: /0 -7_3 ORIGINAL AGENDA DATE: JUNE 28, 2010 AGENDA ITEM TITLE Review of the Planning Commission Recommended Draft Sign Code CATEGORY /I Discussion 8/9/10 • Motion ❑ Resolution Mtg Date ■ Ordinance ❑ Bid Award Mtg Date ■ Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date Mtg Date 8 /16/10 Mtg Date 6/28/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs ❑ Finance ❑ Fire ❑ P&R ❑ Poltce /1 DCD 1 Legal 1 PIW SPONSOR'S In 2007, the City Council identified a need to update the City's sign code because only SUMMARY piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Recommended Draft Sign Code is ready for review and consideration by the City Council. REVIEWIM BY It DAl'E: ►4 COW Mtg. /1 CA &P Cmte ❑ F &S Cmte n Parks COW Comm ❑ Transportation Cmte ❑ Planning Comm. ❑ Utilities Cmte ❑ Arts Comm. 6/14/10 CAP, 6/28/10 COMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Department of Community Development No Recommendation on adoption, forward to C.O.W for discussion C:OST`�IMPACT' /` SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD ;:OF , : 000NCIL ACTION 6/28/10 Forward to 7/12/10 Committee of the Whole 7/12/10 Forward to 8/9/10 Committee of the Whole 8/09/10 Forward to next Regular Meeting with modifications to Sign Code ordinance MTG. DATE ' ATTACHMENTS 6/28/10 Informational Memorandum dated June 22, 2010 Ordinance in draft form & Sign Code Comparison Matrix Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 Legislative History Index 12/10 Informational Memorandum dated 7/2/10, with matrix attachments /9/10 Informational Memorandum dated 7/26/10 Ordinance in draft form, with attachments Informational Memos & Matrix attachments from 6/28 and 7/12 Council meetings 8/16/10 Ordinances and Fee _Resolution in - final form & 8/11/10 Info Memo & attachments 1 Co UNCIL A GENDA .SYNOPSIS Initials M INFORMATIO ITEMNO. 5 .b • TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Nora Gierloff, Deputy DCD Director DATE: August 11, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code. BACKGROUND Jim Haggerton, Mayor At the August 9, 2010 Committee of the Whole Meeting, staff provided the City Council a revised Planning Commission Recommended Draft Sign code (hereinafter "Draft Sign Code "). The revised Draft Sign Code included changes that had been proposed by staff, the City Council and the public. At the meeting there was general consensus from the City Council to accept the changes outlined in the revised Draft Sign Code. • At that meeting the City Council also heard additional testimony from Westfield Southcenter regarding the need for larger grand monument signs. Westfield noted that given the grade changes along Interstate 5 it was difficult for motorists to see the Mall. Westfield comments are further outlined in their June 28, 2010 letter to the City Council. Westfield is specifically requesting the following changes for premises that are greater than 85 acres in area: 1. Increase the maximum allowable height for grand monument signs. Westfield is requesting that the maximum height be equal to the maximum height in the applicable zoning district. 2. Increase the maximum sign area for grand monument signs up 500 square feet per face with a total message area of 1000 square feet for all sign faces. During the meeting, the City Council asked staff for a recommendation. Staff recommended that the language forwarded to the City Council from the Planning Commission be retained. However, staff did mention some items for the Council to consider if they wanted to modify the language in the Planning Commission draft. The City Council asked staff to explore language that would accommodate Westfield as well as other large commercial complexes that, given their size, have sign needs not typical for most other properties in the City. The chart below lists two options for the City Council's review and 13 Proposed Change to Draft Sign Discussion Code Option 1 19.32.060 Allowable Modifications Under a Master Sign Program. B. In additional to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural The proposal would allow sites over 85 acres in size to have two 115 foot tall signs, each with an area of 500 square feet per face and a total sign area of 1,000 square feet. Adopt the language Westfield proposed in their latest public comment. • TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Nora Gierloff, Deputy DCD Director DATE: August 11, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code. BACKGROUND Jim Haggerton, Mayor At the August 9, 2010 Committee of the Whole Meeting, staff provided the City Council a revised Planning Commission Recommended Draft Sign code (hereinafter "Draft Sign Code "). The revised Draft Sign Code included changes that had been proposed by staff, the City Council and the public. At the meeting there was general consensus from the City Council to accept the changes outlined in the revised Draft Sign Code. • At that meeting the City Council also heard additional testimony from Westfield Southcenter regarding the need for larger grand monument signs. Westfield noted that given the grade changes along Interstate 5 it was difficult for motorists to see the Mall. Westfield comments are further outlined in their June 28, 2010 letter to the City Council. Westfield is specifically requesting the following changes for premises that are greater than 85 acres in area: 1. Increase the maximum allowable height for grand monument signs. Westfield is requesting that the maximum height be equal to the maximum height in the applicable zoning district. 2. Increase the maximum sign area for grand monument signs up 500 square feet per face with a total message area of 1000 square feet for all sign faces. During the meeting, the City Council asked staff for a recommendation. Staff recommended that the language forwarded to the City Council from the Planning Commission be retained. However, staff did mention some items for the Council to consider if they wanted to modify the language in the Planning Commission draft. The City Council asked staff to explore language that would accommodate Westfield as well as other large commercial complexes that, given their size, have sign needs not typical for most other properties in the City. The chart below lists two options for the City Council's review and 13 INFORMATIONAL MEMO Page 2 1 4 W:\2010 infoMemos\SignCodeFinal 2010.08,10 2.doc Review and Approval. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. Option 2 19.32.060 Allowable Modifications Under a Master Sign Program. B. In addition to the above - listed The proposed language would allow flexibility, both in the height and area, for sites with an area greater than 85 acres. Flexible Option INFORMATIONAL MEMO Page 2 1 4 W:\2010 infoMemos\SignCodeFinal 2010.08,10 2.doc • INFORMATIONAL MEMO Page 3 modifications, the following additional sign types may be allowed with Board of Architectural Review and Approval 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased as follows: i. For premises up to 85 acres in size, the sign area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. ii. For premises over 85 acres in size the cumulative sign area for both grand monument signs shall not exceed 1,250 square feet. No individual sign face may have a message area in excess of 625 square feet. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for premises over As an alternative to two grand monument signs not taller than the tallest building on the premise one of the signs could be taller than the building, provided the height of the 2 nd grand monument sign is reduced an equal height. Using the Mall as an example, its tallest building is 90 feet high so one grand monument sign could be 115 tall (90 +25) while the 2nd grand monument sign would only be allowed to be 65 feet tall (90 -25). During the Planning Commission Public Hearing the Mall originally asked the Planning Commission to increase both the height and sign area allowance for both of the grand monument signs. The mall requested a total sign area of 1,200 square feet per face and a total of 2,400 for both grand monument signs. Option 2 would provide additional flexibility for one large grand monument sign. If a premise over 85 acres in size chooses to install only one grand monument sign they could have a total message area of 1,250 square feet for the sign. In the alternative, two grand monument signs could be installed provided the total message area for both grand monument signs does not exceed 1,250 square feet in area. W:\2010 InfoMemoslSignCodeFinal 2010.08.10 2.doc 15 INFORMATIONAL MEMO Page 4 85 acres in size. For premises over this size the height of one of the two grand monument signs may be increased above the height of the tallest building provided that for every increase to one of the signs the second sign height must be reduced an equal amount. In no case shall the height of any grand monument sign exceed 115 feet. DISCUSSION The revised draft code that was presented to the City Council on August 9" represented the work of both the Sign Code Advisory Committee and the Planning Commission. Both advisory bodies concluded that large signs within the City should be deemphasized in exchange for putting a greater emphasis on building mounted signage. However, there are some unique premises, such as the Mall, that given their function and use have special signage needs. RECOMMENDATION Staff recommends that option 2 be incorporated into the ordinance which will adopt the new sign code. Option 2 provides flexibility for larger premises to gain additional visibility. Option 2 is more in keeping with the direction provided by both the Sign Code Advisory Committee and the Planning Commission. Attachment A is a version of the proposed ordinance that does not include either option 1 or option 2 as described above. Included as attachments B and C with this memo are two versions of Section 19.32.060 reflecting option 1 and option 2. In order to incorporate changes the Council will need to make a motion to substitute the language found in one of the two attachments into the proposed Ordinance which will adopt the new sign Code. As always, the Council can modify the language found in the attachments or draft their own language. Staff has added an additional WHEREAS CLAUSE to the ordinance to reflect any proposed change made by the Council regarding this issue. The additional WHEREAS CLAUSE will help to demonstrate the legislative intent for the need for special sign regulations for premises of 85 acres or more in size. WHEREAS CLAUSE included in Ordinance: "WHEREAS, large commercial properties within the Tukwila Urban Center and Tukwila Valley South zoning districts have unique sign needs which requires a code that provides flexibility to address their sign needs; and ".... 16 W:42010 InioMemoslSignCodeFinal 2010.08.10 2.doc • • INFORMATIONAL MEMO Page 5 OTHER During the Council meeting on August 9 staff noted several house keeping items that should be completed if Council adopts a new sign code at the August 16 meeting. These items include: 1. Adopting an ordinance repealing the current moratorium that is in place regarding the installation of certain types of signs in the City (Attachment D); and 2. Amending the City's Land Use fee resolution to account for the new permit types that have been created by the proposed Sign Code Ordinance (Attachment E). ATTACHMENTS A. Ordinance B. Section TMC 19.32.060 reflecting Option 1 C. Section TMC 19.32.060 reflecting Option 2 D. Ordinance Repealing Moratorium E. Resolution Amending Land Use Fee Resolution W:12010 InfoMemos\SignCodeFinal 2010.08.10 2.doc 17 • W:\ Word Processing \ Ordinances \Title 19 Sign Code - F1NAL.docx BM:mrh 08/11/2010 Ci of T uk'v i1 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUICWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17 ,1857,1892,1913,1964,1982,1995 §1(part) 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way - finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non- motorized forms of transportation; and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed -use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citiiens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six times to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and Planning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, the City desires to adopt sign regulations that are easily understood by the City's businesses and residents and to that end wishes to consolidate all sign regulations under one Title; and WHEREAS, large commercial properties within the Tukwila Urban Center and Tukwila Valley South zoning districts have unique sign needs which requires a code that provides flexibility to address their sign needs; and Page 1 of 29 19 20 WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non - Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and WHEREAS, on April 22, 2010, the Planning Commission passed a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections. A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline W: \Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 2 of 29 • • • • • Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and /or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19.08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 "Atoning" means a fabric - covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Awning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 "Awning/Canopy Sign, Under" means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off - premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building- Mounted Sign" means a sign permanently attached to a building and includes flush - mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial; all properties located along Boeing Access Road; and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this Title are satisfied. Attachment D and E are maps that show the billboard receiving areas listed with this definition. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City. 19.08.070 "Cabinet Sign" means a geometrically- shaped sign with a translucent face, backlit by an intemal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three - dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C/ LL TVS or TSO. 19.08.084 "Corner Projecting Sign" means a tall, vertically- oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department" means the Department of Community Development or subsequent organizational successor. 19.08.091 "Digital Billboard" means an off - premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:nuh 08/11/2010 Page 3 of 29 21 22 except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that can be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face" means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/ exit point or industrial zone, but not separated by a physical barrier from the entry /exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted in Attachment C, attached hereto. 19.08.150 "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H. 19.08.155 'Institutional Use" means any non - residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 "Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi-Fanzily Complex" means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.185 "Off-Premise Signage" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Structure Incentive Sign" means a flush - mounted building sign permitted on parking structures and intended for periodic changes in copy. 19.08.195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. W: \Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 4 of 29 • • • • • • 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity. 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. 19.08.235 "Sign" means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any Lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three - dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.247 "Tukwila Urban Center" is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zoning Map kept on file with the Department of Community Development. 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Corridor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18 -9. 19.08.265 'Window Sign" is a sign applied to a window or mounted or suspended directly behind a window. 19.08.270 "Window Sign, Temporany," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 "Wireless Communications Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director ") or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency. C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. W:\ Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 5 of 29 23 24 19.12.030 Exceptions - Sign Permits Not Required. The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non - commercial speech. 3. Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9. Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 11. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building - mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated.' 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement without City and /or State approval; 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4; 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation; W: \Word Processing \ Ordinances \Tide 19 Sign Code - FINALdocx BM:nuh 08/11/2010 Page 6 of 29 • • • • • 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under Section 19.24.060; 7. The use of portable signs or other similar devices, unless permitted under Section 19.24.070; 8. Dynamic signs, except those types specifically permitted under this code; and 9. Abandoned signs. 19.12.050 Party-of- Record. Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party-of- record. The applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28 -day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14-day period that the application is incomplete. D. The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. E. The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. F. The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed; 4. a site plan; 5. a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; W: \Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 03/11/2010 Page7of29 25 26 6. the procedures and deadline for filing comments, requesting notice of any required hearings and any appeal rights. Arty person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application; 7. the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D. Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. F. Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application, the staff report and any environmental documents or studies can be reviewed; 4. a site plan; 5. the date, time, place and type of hearing; 6. the phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing; 7. the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period: 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: W:\ Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08 /11/2010 Page 8 of 29 • • • • • • a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity. 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D. A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Deparhnent. 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain: 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. 19.12.160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:nuh 08/11/2010 Page 9 of 29 27 28 Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19.12.120 and 19.12.130. 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and /or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right - of -way, easements under City control or property owned and /or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing , the illegal signs. Once the ten -day period has expired, the City shall have the right to dispose of the signs. D. Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City. As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically: 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non- Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45. The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review. The City's Building Official may require that proposed building- mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review. Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building - mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building- mounted sign is installed. W:\ Word Processing \ Ordinances \Title 19 Sign Code - F1NALdocx BM:avh 08/11/2010 Page 10 of 29 • • • • • • B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non - conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned- out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City. 6. If a building- mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area . There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned as defined by TMC Section 19.08.020. The .particular mitigation measures shall be based on the circumstances outlined below: 1. Non - conforming Freestanding Sign. In the event that a non - conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City. 2. Non - conforming Building - Mounted Sign. In the event that a non - conforming building - mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building- Mounted Sign. In the event that a conforming building- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, W:\ Word Processing \ Ordinances \Title 19 Sign Code - FINALdocx BM:mrh 08/11/2010 Page 11 of 29 29 30 the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building- mounted signs. 9. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush - mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D) The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) - Design Standards. 1. The maximum area of any flush - mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush- mounted building sign be greater than 50 square feet. 2. Lighting for flush - mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones. 1. One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 1 OPM. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed 3 -foot candle above ambient light conditions, measured 100 feet from the face. W: \Word Processing \ Ordinances \ Title 19 Sign Code - FlNAL.docx BM:nuh 08/11/2010 Page 12 of 29 • • • Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side/72 square feet total 54 square feet per side /108 square feet total 6 feel One 400 -599 feet 50 square feet per side /100 square feet total 70 square feet per side /140 square feet total 7 feet One 600 -799 feet 60 . square feet per side /120 square feet total 80 square feet per side /160 square feet total 7 feet One 800 -999 feet 66 square feet per side /132 square feet total 88 square feet per side /176 square feet total 8 feet Two 1,000 feet and over 72 square feet per side /144 square feet total 96 square feet per side /192 square feet total 8 feet One for every 400 feet of linear street frontage. • • 2. Notice of Understanding. The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he /she understands and agrees to abide by the above requirements. 19.20.040 Permanent Free - Standing Signage in Commercial/Industrial Zones. Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free - standing monument - style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1. Table 1- Design Standards for Permanent Monument Signs in Commercial and Industrial Zones a. Allowable sign message area is either the face panel of the sign, or for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Special Corner Properties or Properties with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has as at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 3. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maxinnnn Width. The maximum permitted width of a monument sign is 15 feet. 5. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly Legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.20.050 Permanent Building- Mounted Signs in Commercial and Industrial Zones. A. FIush- Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush - mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush - mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. W: \Word Processing \ Ordinances \Title 19 Sign Code - FINALdocx BM:nvh 08/11/2010 Page 13 of 29 31 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501.3,000 (EBF - 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted 32 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2- Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones B. Awning Face Sign. An awning face sign may be substituted for a flush - mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush - mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed among multiple awnings on an exposed building face. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building- mounted sign when the following standards are met 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground - floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5. No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D. Corner Projecting Sign. In order to foster an urban-style environment, a comer projecting sign may be substituted for a projecting sign allowed under Section 19.20.050.C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One comer projecting sign is permitted for each comer of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a comer projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. W:\ Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 14 of 29 • • • • • 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy. 4. The length of the sign may not exceed two- thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building- Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. Under- Awning/Canopy Sign. a. Under - awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy. e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Awning/Canopy Side Sign. a. Only awnings /canopies that are over exterior public entrances are permitted signs. b. Only one awning /canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two -thuds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. c. No more than ten percent of the total ground -floor transparent- window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and W: \Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:nvh 08/11/2010 Page 15 of 29 33 34 mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush - mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." G. Parking Garage Incentives. The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above - ground parking levels. 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally- illuminated cabinet signs are not permitted. 5. Each sign may be a maximum of 288 square feet in area. 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7. A maximum of two parking structure incentive signs are allowed per parking structure wall. 19.20.060 Pole Banners. A. Pole banners are only permitted in the Tukwila Urban Center zone. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chapter 19.22, "Tukwila Urban Center Opt -Out Provision," hereby reads as follows: W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 16 of 29 • • • • • 19.22.010 Purpose. The Tukwila Urban Center defined in TMC Section 19.08.247 is an area of existing development that due to its high traffic counts and auto - oriented property configuration is well served by the historical sign regulations. This chapter establishes an "opt - out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC Chapter 19.20. 19.22.020 Opt Out Permitted. A. A property owner within the Tukwila Urban Center (TUC) may choose to "opt out" of the requirements found in Chapter 19.20 of this Title if the following criteria are met: 1. The property owner of record must submit a letter to the Director of DCD notifying the City of the property owner's intent to "opt -out" of Chapter 19.20 within one year of the effective date of this Title, with copies of the opt out letter provided to all tenants on the premise. 2. The letter must include a map identifying all parcels included in the "opt -out" request and verifying that the premise is located within the TUC. 3. An "opt -out" request will apply to all buildings, tenants and signs on a premise. 4. The letter must be accompanied by the fee established in the most current fee schedule. B. Upon receipt of the letter, the Director of Community Development shall confirm receipt and issue a determination regarding whether the property meets the opt -out criteria listed above. 19.22.025 Other Chapters Remain in Force. A decision to opt out as permitted by TMC Section 19.22.020 is only from Chapter 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of Chapter 19.20 are ineligible to participate in the Master Sign Program found in Chapter 19.32 unless the property owner chooses to opt back in pursuant to TMC Section 19.22.040. 19.22.027 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device under this chapter shall include the following: 1. Three copies of a completed and signed application form provided by the City noting that the sign is proposed on an "opt -out" premise. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If wall signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Method of illumination, if proposed. 6. Method of support and attachment for wall signs. 7. if freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 8. Structural calculations, if required per Section 19.16.020. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Valid Tukwila business license number for the sign contractor, if applicable. 19.22.030 Allowable Signage. A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs. Each tenant space shall be permitted one permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises. The following criteria shall be met for all permanent wall signs: a. The area of the wall sign shall be a percentage of the area of exposed building face of the tenant space, as calculated per Table 1. W: \Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 03/11/2010 Page 17 of 29 35 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted Street Frontage Sign Area/Sign Up to 200 feet 50 sq ft. with a total of 100 sq ft. for all sides. 200 to 400 feet. 75 sq. ft. with a total of 150 sq. ft. for all sides. Over 400 feet. 100 sq. ft. with a total of 200 sq ft. for all sides. 36 Table 1- Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor b. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for the sign. c. Only one permanent wall sign is permitted per tenant space per exposed building face. 2. Freestanding Signs. One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; b. The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; c. The site is occupied by at least two tenants. 3. Development Standards for Freestanding Signs. The following development standards shall apply to freestanding signs permitted under TMC Section 19.22.030 (B): a. Area of Sign. b. Height. Any permitted freestanding sign shall be not taller than the building it identifies up to a maximum height of 35 feet. c. Setback. All freestanding signs shall be set back from all property lines a distance equal to the height of the sign. d. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs. Properties that choose to. opt out of the provisions of TMC Chapter 19.20 are prohibited from having any sign which may be considered a dynamic sign. 19.22.040 Right to Opt Back In. A property owner that previously chose to opt out under TMC Section 19.22.020 may choose to opt back in to the signs permitted under TMC Chapter 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back in to TMC Chapter 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not conform to the requirements of TMC Chapter 19.20 and either modify or remove them within 30 days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC Chapter 19.20, the letter must be accompanied by sign permit applications identifying how they will achieve conformance. Section 7. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. W: \Word Processing \ Ordinances \Title 19 Sign Code - FlNALdocx BM:mrh 08/11/2010 Page 18 of 29 • • • • 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. Two copies of a completed and signed application form provided by the City; 2. Two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. Two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed; 5. Length of proposed display; and 6. Fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. The use W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh OS/11/2010 Page 19 of 29 37 38 of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met 1. The portable signs are being used strictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent - window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D. All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run -off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent. F. Campaign signs are in addition to any sign permitted under TMC Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right -of -way areas not maintained by an adjacent property owner. W: \Word Processing\ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 20 of 29 • • • Section 8. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7. 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. 19.28.040 Variance Not Permitted. In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 9. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated W: \Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:rnrh 08 /11/2010 Page 21 of 29 39 40 into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within commercial or industrial zones. 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.060.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.06O.B, will be reviewed by the Board of Architectural Review. Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria. A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. 5. No sign- related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non - conforming signs on the premise within three years from the da�aster Sign Program approval. , • 19.32.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by. a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter. 9. Analysis of sight distance safety if increases in size to monument signs or installation of a grand- monument sign is proposed. W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:nuh 08 /11/2010 Page 22 of 29 • • 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush- mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush - mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush - mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush- mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally - integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. g. No more than two grand monument signs are allowed per premises. 3. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. W:\ Word Processing \Ordinances \Title 19 Sign Code - FINAL.docx BM:nvh 03/11/2010 Page 23 of 29 41 42 b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non - conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. Section 10. TMC Chapter 19.36, "Non- Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non - conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered legally non - conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non - conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non - conforming upon adoption of this code, may be issued a non - conforming sign permit that will allow them to remain for 10 years from the effective date of this ordinance. This shall be known as "the grace period." This section does riot apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non- conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely. However, relocation, re- erection, alteration, replacement or change in any way to a legal, non - conforming sign, including the structure or sign panel /face /copy, will require the sign be brought into compliance with this code. 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's Sign Code as of August 2010, as adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate the signs were legally conforming at the time of installation and that any modifications made to W: \Word Processing \ Ordinances \Title 19 Sign Code - F1NAL.docx BM:nvh 08 /11/2010 Page 24 of 29 • • the sign complied with the City's Sign Code regulations at the time of the modification. Any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section will require the sign be brought into compliance with this Code 19.36.040 Non - Conforming Sign Permits. A. Non - conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non- conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non - conforming or illegal; and 2. whether the sign may be eligible for a non- conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non - conforming Sign Permits. 1. Eligibility. A non - conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non - conforming sign permit is required for all eligible non- conforming signs within the City. The sign owner shall obtain the permit within 180 days of notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications. Applications for a non - conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non - conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility. The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with Section 19.12.120. C. Loss of Legal Non - conforming Status. Non - conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non - conforming sign permit is required but not obtained within 180 days of notice of non - conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non - conforming building- mounted signs on the premise affected by the construction and all non - conforming free - standing signs lose their non - conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non - conforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non - conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy. W:\ Word Processing \ Ordinances \Title 19 Sign Code - F[NAL.docx BM:mrh 08/11/2010 Page 25 of 29 43 Type of Billboard Proposed in Designated Receivin • Area Number of Billboard Faces That Must Be Removed Within Desk nated Sending Areas One Static Billboard Face Three billboard faces One Digital Billboard Face Five billboard faces 44 19.36.060 Non - Conforming Temporary Signs. A. Non - conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. B. Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited. No additional permanent building- mounted signage is permitted on a tenant space that contains a non - conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non - conforming freestanding sign. 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor. In order to assist with the removal of non - conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18 -9. b. Removal of non - conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non - conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. Section 11. TMC Chapter 19.38, "Billboards," hereby reads as follows: 19.38.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. Table 1 3. Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated W: \Word Processing\ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 26 of 29 • Type of Sign Proposed in Designated Receiving Area Number of Billboards That Must Be Removed Within Designated Sending Areas One Static Billboard Face Five billboard faces One Digital Billboard Face Seven billboard faces Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet • receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. Table 2 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair To qualify for the billboard area increase a billboard provider must provide a total of 28 days of message time for civic events. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within ten feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. g. Lighting of billboards: 1) The billboard may be illuminated; non - digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3 -foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3. Table 3 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees pruning of the street trees, is permitted, provided: W:\ Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Page 27 of 29 45 46 1. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. 2. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. 5. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5. Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or HDR. 6. Non - digital billboards cannot be refurbished or upgraded to either tri- vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with TMC Section 19.38.040.H. 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall include the following: 1. Three copies of completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application. 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600 feet. 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5. Three sets of scaled and dimensioned footing design and height calculations. W:\ Word Processing \Ordinances \Title 19 Sign Code - FINALdocx BM:mrh 08/11/2010 Page 28 of 29 • • 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of structure calculations. 7. If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found in Section 19.38.040.G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Tukwila business license number for the sign contractor, if applicable. Section 12. Signs Prohibited within the Right -of -Way. All regulations regarding the placement of signs within the City's Right of Way as codified at TMC Section 11.24.070.B. are hereby repealed. Section 13. Repealer. Ordinance Nos. 1274, 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 1995 §1(part), 2004, 2019, 2096, and 2126, are hereby repealed. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 15. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication . as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Effective Date: Office of the City Attorney Ordinance Number: Attachments: A Definitions with photographic examples B Sign height drawing C Sign placement drawing D Map of Billboard Receiving Area (West Valley Hwy) E Map of Billboard Receiving Area (Boeing Access and East Marginal Way South). W: \Word Processing \ Ordinances \Title 19 Sign Code - FINAL.docx BM:mrh 08/11/2010 Dennis Robertson, Mayor Pro Tempore Filed with the City Clerk: Passed by the City Council: Published: Page 29 of 29 47 • • • Attachment A — Definition Samples Signs "Awning /Canopy Side Sign" means a sign which is applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. "Awning /Canopy Sign, Under" means a sign which is suspended from an awning, canopy or arcade but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. "Cabinet Sign" means a geometrically shaped sign with a translucent face backlit by an internal light source. "Canopy" means a rigid structure projecting from the face of a building above a window, entrance, or storefront opening, providing weather .rotection. 49 50 Attachment A — Definition Samples Signs "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. "Corner Projecting Sign" means a tall, vertically oriented sign which projects from a building corner and which is structurally integrated into the building. "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75% of the sign panel length. Monument signs may also consist of painted text or channel letters • mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this Code. • Attachment A — Definition Samples Signs "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. "Projecting Sign" means a permanent sign which is perpendicular to the building facade and which is suspended from a bracket, armature, or which is cantilevered to the building. "Window Sign" is a sign which is applied to a window or mounted or suspended directly behind a window. "Window Sign, Temporary ", is a sign which is applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 51 01 Co.) • Five feet from sign Sign Height • Lowest point within 5ft of sign Tallest p • • int of sig I< 40' TN\ 40' 40' 40` Standard Sight Distance --� May be modified by • Engineer u Right Out Only \"\\ � t /Access Term its all turning motions Public Road Center of Intersection of private access to public street Public Road Sign placement must comply with setback requirements of sign code Center intersection of arivate access to • Attachment E i A 7 0 1 :710 * ; W #24 iiif 4 t44, V v r A r al 4t i / AAA City of Tukwila Billboard Receiving 1._,000 oeing Access • 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush - mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush - mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush - mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush - mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally - integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. Option 1 Language b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. 57 58 d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 3. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. • • Option 2 Language 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush - mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush - mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush - mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush - mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally - integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. 59 60 d. Sign message area may be increased as follows: i. For premises up to 85 acres in size, the sign area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. ii. For premises over 85 acres in size the cumulative sign area for both grand monument signs shall not exceed 1,250 square feet. No individual sign face may have a message area in excess of 625 square feet. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for premises over 85 acres in size. For premises over this size the height of one of the two grand monument signs may be increased above the height of the tallest building provided that for every increase to one of the signs the second sign height must be reduced by an equal amount. In no case shall the height of any grand monument sign exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 3. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. • • Christy O'Flaherty, CMC APPROVED AS TO FORM BY: Office of the City Attorney W: Word Processing: Sign Code Moratorium - Repeal BJM:nuh ity • Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2292, RELATING TO THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY, PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 21, 2010, the City Council adopted Ordinance No. 2292, which declared an emergency and established a six -month moratorium on the acceptance of applications for sign, development, and electrical permits for certain types of signage within the City of Tukwila; and WHEREAS, the purpose of the moratorium was to allow the City Council time to complete its review of the Planning Commission Recommended Draft Sign Code provided to the City Council in the summer of 2010; and WHEREAS, on June 28, 2010 the City Council conducted a public hearing on the Planning Commission Recommended Draft Sign Code; and WHEREAS, on July 12, 2010 the City Council heard additional public input regarding the Planning Commission Recommended Draft Sign Code and subsequently requested that staff make changes to the Draft Sign Code; and WHEREAS, on August 9, 2010, the City Council reviewed a revised Draft Sign Code that reflects the changes requested by the City Council; and WHEREAS, on August 16, 2010, the City Council passed Ordinance No. 2203, which enacted a new Sign Code for the City of Tukwila; and WHEREAS, the passage of Ordinance No. 2203 makes the current moratorium unnecessary and the City Council wishes to repeal the moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Repealed. The moratorium imposed by Ordinance No. 2292 on the acceptance of applications for sign, development, and electrical permits for certain types of signage within the City of Tukwila is hereby repealed. Section 2. Repealer. Ordinance No. 2292 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance or its application to any person or situation should be held to be invalid, unconstitutional or unenforceable for any reasons by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and public as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST /AUTHENTICATED: Dennis Robertson, Mayor Pro Tempore Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 61 Permit Type 2010-2011 Feel Retainer 2012 Feel Retainer Plus any review hours over retainer ** Appeal - Zoning, Sign, SEPA, Subdivision Code (P- Appeal)' $515 $541 + hours over 5 Binding Site Improvement Plan (TMC Chapter 17.16) (P -BSIP) $3,330 $3,497 Boundary Line Adjustment (P- BLA/LC) $1,463 $1,536 Zoning Code and Sign Code Interpretation $304 $319 (TMC Section 18.96.020 and TMC 19.12.160)) Comprehensive Plan Amendment (TMC Chapter 18.80) (P -CPA) $3,955 $4,153 + hours over 40 Conditional Use Permit (P -CUP), Shoreline CUP' $3,385 $3,554 Design Review (TMC Section 18.60.030) (P -DR) Administrative $1,950 $2,048 Public Hearing $3,495 $3,670 Major Modification $1,195 $1,255 Minor Modification $543 $570 Lot Consolidation (P- BLA/LC) $543 $570 Noise Variance (TMC Chapter 8.22) Type I $423 $444 Type II $570 $599 Type III' $1,269 $1,332 Planned Residential Development Administrative (TMC Section 18.46.110) (P -APRD) $1,895 $1,990 Public Hearing (TMC Section 18.46.110) (P -PRD) $4,875 $5,119 + hours over 50 Minor Modification (TMC Section 18.46.130) $515 $541 Major Modification (TMC Section 18.46.130) $2,115 $2,221 Rezone - Map Change (TMC Chapter 18.84) (P -R) $3,495 $3,670 + hours over 35 Reasonable Use Exception to SAO (TMC Section 18.45.180)* $2,925 $3,071 + hours over 30 • Ci W:,Word Processing \ Resolutions\Land Use Fee Schedule 2011- 2012.doc BM:mrh 8/11/2010 Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, ADOPTING A LAND USE FEE SCHEDULE TO INCLUDE SIGN PERMIT FEES, AND AMENDING RESOLUTION NO. 1718. WHEREAS, on June 21, 2010 the City Council of the City of Tukwila adopted Resolution 1718 which established a new fee schedule for land use, environmental, and sign permit applications. The new fee schedule became effective on July 1, 2010; and WHEREAS, on August 16, 2010, the City Council of the City of Tukwila passed Ordinance No. 2303 which enacted a new sign code for the City of Tukwila; and WHEREAS, Ordinance 2303 establishes new permit applications which were not i ncluded under the previous sign code and thus permit fees under Resolution 1718 were not established; and WHEREAS, the City Council wishes to include fees for sign permit applications which will allow the City to recover the City's full cost for review and processing of sign permit application; and WHEREAS, budget constraints prevent the City from retaining the lower fee schedule for LDR zoned properties; and NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution 1718 is hereby amended as follows to include the following sign permit application fees: Page 1 of 3 63 Permit Type 2010-2011 Feel Retainer 2012 Feel Retainer Plus any review hours over retainer ** Sensitive Area Master Plan Overlay (TMC Section 18.45.160) (P -SAMP) $4,875 $5,119 + hours over 50 SEPA Environmental Review (TMC Title 21) (P -SEPA) SEPA Planned Action (P -PACT) $515 $541 SEPA Checklist $1,490 $1,565 SEPA EIS Fee $3,035 $3,187 + hours over 30 SEPA Addendum $515 $541 Shoreline Environment Re- designation (P -Shore D) $3,495 $3,670 + hours over 30 Shoreline Permit Exemption (TMC Chapter 18.44) $212 $222 Shoreline Substantial Development Permit (TMC Chapter 18.44) (P- Shore) Project Value $5,000 - 10,000 $1,030 $1,082 $10,001 - 50,000 $2,410 $2,531 + hours over 25 $50,001 - 500,000 $3,845 $4,037 + hours over 40 More than $500,000 $4,875 $5,119 + hours over 50 Signs (TMC Title 19) Temporary Sign Permit (P -T sign) (TMC Section 19.24.040) $92 $97 Special Event Signage (TMC Section 19.24.060) $92 $97 Permanent Sign Permit (P -P sign) (TMC Chapter 19.20) $212 $222 Master Sign Program (Administration) $1,895 $1,990 Master Sign Program (BAR) $3,035 $3,187 Pole Sign Banners Initial Application (TMC Section 19.20.060)_ $212 $222 Pole Sign Banner Annual Renewal (TMC Section 19.20.060) _ $92 $212 $97 $222 Opt Out, Tukwila Urban Center (TMC Section 19.22.050) Non- Conformin* Si*n Permit TMC Section 19.36.040 $0 $0 New Billboard (TMC 19.38.040 ) or refurbished Billboard $515 $541 (TMC Section 19.38.050) Special Permission (P -SP) Cargo Container (TMC Section 18.50.060) $515 $541 Landscape Perimeter AveracLlnq (TMC Section 18.52.020) $515 $541 Parking Standard for Use Not Specified (TMC Section 18.56.100) $515 $541 + hours over 5 Parking Variance, Modification or Waiver (TMC Sections 18.56.130 and 18.56.140)* $846 $888 + hours over 8 Parking Lot Re- striping $515 $541 Residential Parking Reduction (TMC Section 18.56.065) $515 $541 Shared, Covenant and Complementary Parking Reduction (TMC Section 18.56.070) $515 $541 + hours over 5 Sensitive Area Deviation, Buffer Reduction (TMC Chapter 18.45) $1,435 $1,507 + hours over 15 Single Family Design Standard Exception (TMC Section 18.50.055) $515 $541 TSO Special Permission Use (TMC Section 18.41.060)* $846 $888 Short Plat (TMC Chapter 17.12) (P -SS) 2 -4 Lots $3,330 $3,497 5 -9 Lots $3,790 $3,980 Subdivision Preliminary Approval (TMC Chapter 17.14) (P -SUBP) * $4,875 $5,119 + hours over 50 Subdivision Final Approval (P -SUBF) $3,035 $3,187 + hours over 30 Tree Clearing Permit and Exception (TMC Chapter 18.54) (P -Tree) $50 $53 + hours over 2 Unclassified Use Permit (TMC Chapter 18.66) (P -UU) $4,875 $5,119 + hours over 50 Variance - Zoning, Sign, Shoreline (P -VAR) * $2,465 $2,588 Wireless Communication Facility (TMC Chapter 18.58) (P -Wire) Minor $515 $541 Administrative $1,463 $1,536 Major or Height Waiver * $2,925 $3,071 Zoning Code Text Amendment (TMC Chapter 18.80) (P -Code) $3,955 $4,153 64 * All Hearing Examiner costs will be passed through to the applicant. • The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. W: \Word Processing\Resolutions\Lznd Use Fee Schedule 2011- 2012.doc BM:mrh 8/11/2010 Page 2 of 3 • Fee Type 2010-2011 Fee/Retainer 2012 Fee/Retainer Plus any review hours over retainer . Annexation (P- Annex) $5,150 $5,408 Development Agreement (P -DA) * $1,895 $1,990 + hours over 20 Legal Lot Verification $488 $512 Mailing Label Fee for City to generate labels $400 $420 Pre - Application Meeting (PREAPP) $423 $444 Public Notice Mailing Fee $1 per address, per mailing Zoning Verification Letter $304 $319 • * The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \ Resolutions\ Land Use Fee Schedule 2011- 2012.doc BM:mrh 8/11/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 3 of 3 65 Tukwila City Council Agenda + °°° COMMITTEE OF THE WHOLE •• -, w =" ; . � �, 1 o z ' IO % ` " -s =;. 2 1g Monday, August Jim Haggerton, Mayor Councilmembers: • Joe Duffle ❖ Joan Hernandez Steve Lancaster, City Administrator • • Allan Ekberg Verna Seal Dennis Robertson, Council President •• Kathy Hougardy :• De'Sean Quinn 9, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL ISSUES a. Park naming for Duwamish Riverbend Hill site. Pg.1 b. Sign Code ordinance. Pg.9 c. Budget issues: (1) Briefing on Metropolitan Park District options. Pg.93 (2) Briefing by Administration regarding implementation of program and P9.119 service reductions. 1 4. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206 - 248 - 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. 2. 3. HOW TO TESTIFY COUNCIL MEETINGS GENERAL INFORMATION PUBLIC HEARINGS The proponent shall speak first and is allowed 15 minutes for a presentation. The opponent is then allowed 15 minutes to make a presentation. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. the question, but may not engage in further debate at this time. No one may speak a second Each speaker can respond to • 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. Meeting Date Prepared b Ma or' nvuw Counal review 06/28/10 BM I A IR 07/12/10 BM ❑ Resolution Mtg Date ►1 Ordinance 08/09/10 BM ❑ Other Mtg Date Mtg Dote 08/16/10 BM SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs ►1 DCD ❑ Finance ❑ Fare ❑ Legal ❑ P&R ❑ Police ❑ PW SPONSOR'S In 2007, the City Council identified a need to update the City's sign code because only SUMMARY piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Recommended Draft Sign Code is ready for review and consideration by the City Council. CAS NUMBER: ( — 0 3 ORIGINAL AGENDA DATE: JUNE 28, 2010 AGENDA ITEM TITLE Review of the Planning Commission Recommended Draft Sign Code C1VI Gc)RY ■ Duaisston 8/9/10 ❑ Motion Mtg Date ❑ Resolution Mtg Date ►1 Ordinance ❑ Bid Award Mtg Date ►1 Public Heanng ❑ Other Mtg Date Mtg Dote Mtg Date 8/16/10 Mtg Date 6/28/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs ►1 DCD ❑ Finance ❑ Fare ❑ Legal ❑ P&R ❑ Police ❑ PW SPONSOR'S In 2007, the City Council identified a need to update the City's sign code because only SUMMARY piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Recommended Draft Sign Code is ready for review and consideration by the City Council. V IEWED BY 11 COW Mtg ■ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COW ❑ Utilities Cmte ❑ Arts Comm. DATE: 6/14/10 CAP, 6/28/10 RECOMMENDATIONS: SPONSOR /ADMIN COMMrI Department of Community Development i'LE No Recommendation on adoption, forward to C.O.W for discussion COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 6/28/10 Forward to 7/12/10 Committee of the Whole 7/12/10 Forward to 8/9/10 Committee of the Whole MTG. DATE ATTACHMENTS 6/28/10 Informational Memorandum dated June 22, 2010 Ordinance in draft form & Sign Code Comparison Matrix Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 Legislative History Index .7/12/10 Informational Memorandum dated 7/2/10, with matrix attachments 8/9/10 Informational Memorandum dated 7/26/10 Ordinance in draft form, with attachments Informational Memos & Matrix attachments from 6/28 and 7/12 Council meetings (Please bring your Sign Code binders) 9 COUNCIL AGENDA SYNOPSIS In:tialr ITEM INFORMATION ITEM NO. 3 8- Issue I Proposed Change to Draft Si n Code Discussion 1. Additional Whereas Clause WHEREAS, the City desires to adopt Some current sign regulations can be found in TMC 11. Having the sign regulations split between two Titles is not user friendly. This whereas clause clarifies that the City's goal to consolidate all sign regulations under one title. sign regulations that are easily understood by the City's business and residents and to that end wishes to consolidate all sign regulations under one Title; and 2. Display of Flags TMC 19.12.030 (12) Display of up to three flags, each on Change is being made to reflect language proposed by Planning Commission. individual flag poles, per premise. Content of the flags is not regulated. Display flag the of a showing emblem or insignia of a nation or other governmental unit. 3. Notice of Complete Application TMC 19.12.060(D) An be Language is redundant and not needed. application shall conclusively - .: - . Department's issuance of a notice of complete application as provided in TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Nora Gierloff, Deputy DCD Director DATE: July 26, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code BACKGROUND Jim Haggerton, Mayor At the June 28, 2010 Committee of the Whole Meeting, staff provided an overview of the Planning Commission Recommended Draft Sign Code (hereinafter "Draft Sign Code). After Staffs presentation, the City Council conducted a public hearing and received both written and oral testimony on the Draft Sign Code. At the July 12, 2010 Committee of the Whole meeting staff provided a matrix of the substantive comments on the Draft Sign Code with a staff response and recommended action. Dunng the July 12 meeting, the City Council discussed the public comments and staff recommendations. Following this discussion, the City Council provided input to staff on changes that they wanted to incorporate mto the Draft Sign Code. The following matrix lists proposed substantive changes that have been made to the Draft Sign Code which is included at Attachment "A ". The changes reflect the input provided by the City Council at the July 12 meeting as well as additional changes made by DCD Staff and the City Attomey's Office. There have also been some small technical corrections which are not listed in the matrix, but can clearly be seen in the strikeout/underlined version of the Code provided in the Council packet. 1 1 INFORMATIONAL MEMO Page 2 1 2 W12010 InfoMemos1SignCode8-9-10.doc • • • issuance of such a notice ac provided in Subsections B or C hereof. 4. Sign Code Violations TMC 1912.1 70 It is the responsibility of a property owner and/or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. Staff initiated change to reflect concerns raised by Councilmember Ekberg. Instead of increasing fines, a flat fine has been included. The actual fine amount will be determined by the Director on a case by case basis given the unique situation of the violation. 1.2nd $200 violation 2.3rd $400 violation 3.4th $800 violation 5. Lighting of signs m Residential Zones. TMC 19.20.030(B)(6) The sign may only use indirect down This language was proposed by the NW Sign Council. The language helps prevent spill over effect from signs in residential zones. lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D) 6. Dynamic Signs in Residential Zones. TMC 19.20.030(D)(1)(d) All signs shall have installed ambient This language was proposed by the NW Sign Council. The language helps prevent spill over effect from signs in residential zones. light monitors, and shall at all times allow such monitors to automatically adiust the bnghtness level of the electronic sign based on ambient fight conditions. Maximum brightness levels for electronic signs shall not exceed .3 foot candle above ambient light conditions, measured 100 feet from the face. 7. Number of Permanent Freestanding Signs in Commercial/Industrial Zones, Changes to Table 1 TMC 19 20.040 (1) Table 1 Two - . .. - - - . - - -. Staff initiated change which Council supported at July 12 meeting. Clarifies that two signs are allowed outright for certain properties regardless if multiple access points are located on the property. 8. Placement of Permanent Freestanding Signs in Commercial /Industrial Zones, Changes to Table 1 One for every 400 feet of linear street frontage. Each be looQted Staff initiated change which Council supported at July 12` meeting. Removes requirement for signs to be located near access points. Also removes sign freest - - - - - . - - .. . - . Only ono sign per access point. INFORMATIONAL MEMO Page 2 1 2 W12010 InfoMemos1SignCode8-9-10.doc • • • TMC 19.20 040 (1) Table 1 limit on number of signs near access points. 9. Signs for corner properties or properties with multiple street frontages. TMC 19.20.040 (2) Special Corner Properties or Properties Staff initiated change which Council supported at July 12 meeting. This issue was noted by Jerome Baruffi at the Council meeting on June 28 This will allow some properties to have additional freestanding signs even if they do not meet the 800 feet linear frontage requirement found in Table 1. with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has as at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property: and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 10. Undeveloped Rights of Way TMC 19.20.040(6) ' -- - City Attorney recommended change. The issue of signs in undeveloped nghts of way is already addressed by the definition of premise. - • - - :. - - - - = - - • _ _ .. the City rights of way arc present, - - - - - . . ., . - - - - . the the adjacent part of premise of The be calculated sign setback will further from street edge, whichever is the street. 11. Signs in Underground Utility Easements and Corridors TMC 19.20.040(7) ' - • ' ' City Attorney recommended change. The language is redundant and does not need to be included in the Sign Code. Placement of signs in easements is covered by easement agreements between the property owners and individual having the rights to the easement. - : -. - . - . Basements and Corridors. Where - - - - - - - - : -- :: : :- • - - - • : - • _ - lhelding the asement. It is the :- : - - -' - . .:: .. . location the of all eascme premise. 12. Awning Face Signs Awning face signs are only permitted Staff initiated change which • INFORMATIONAL MEMO Page 3 W12010 InfoMemos\S ig nCode8- 9- 10.doc 13 TMC 19 20.050 (B)(2) on awnings located over a public entrance to a building. The sign area Council supported at July 12 meeting. Will clarify that signs on awnings can extend on multiple awnings on the same facade. may be distributed among multiple awnings on an exposed building face. 13. Parking Incentive Signage TMC 19.20.050 (H) No change in actual language, moved from Master Sign Program to Incentive Sign Section of Chapter 19.20. Staff initiated change which Council supported at July 12 meeting. Moving the language from the Master Sign Program will allow all parking garages to qualify for the incentive signage, not just those located on properties eligible for the master sign program. All existing parking garages in the City would be eligible for this signage. 14. Opt Out Chapter TMC 19.22 Entire new chapter added to provide an "opt" out provision for properties within the Tukwila Urban Center. The Chapter applies to TM 19.20 which provides regulations for permanent signage. The "Opt Out" Chapter will allow signage consistent with the current sign code. A property that chooses to opt out cannot benefit from the new sign code (i.e. obtaining additional freestanding signage or incentive signage allowed under TMC 19 7n A rel111Pct +n n„+ 4,11..........,41-.... Council initiated change at the July 12 meeting. Chapter will address the concerns raised by Bob Schofield. Note that it will apply to the entire Tukwila Urban Center as the Southcenter Parkway corridor is not differentiated enough to provide a logical distinction for sign purposes. INFORMATIONAL MEMO Page 4 15. Signage for Essential Public Facilities TMC 19.32.020 (2) 16. Maximum Size of flush mounted wall signs under the Master Sign Program TMC 19 32.060 (A)(2) Essential Public Facilities within commercial or industrial zones. Uses Increase in the area of a flush - mounted building sign allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush mounted buildin sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and Staff initiated change which Council supported at July 12 meeting. Change was recommended by Pam Carter at the June 28 Council meeting. This change will allow all essential public facilities in commercial and industrial zones to qualify for the Master Sign Program. Council initiated change at the July 12 meeting. Proposed change was recommended by the Westfield Southcenter. The change will allow sites over 85 acres to have flush mounted signs of 6% or 500 square feet which ever is less. The Council expressed concern about having large wall signs near the street. Staff is recommending that no 14 W \SignCode8.9- 10.doc provided to the City within one year from the effective date of this Chapter. • • INFORMATIONAL MEMO Page 5 17. Billboard, Public Messaging TMC 19.38.040 (4)(b) 18. Billboards, Rate of Change TMC 19.38 040 (4)(g)(4) 19. Billboard, Street Tree Pruning TMC 19.38.040 (5) over in size, the flush mounted building sign can be increased up to six percent of the exposed building, face up to a maximum of 500 square feet, provided that no flush- mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be hmited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. To qualify for the billboard area increase a billboard provider must provide a total of 28 days of message time for civic events. If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. every minute. The Director of DCD and the Director of PW chap have tho authority to modify the rate of chango if the applicant provides Cit ave the right to havo any case shall the DCD and PW-Difeeter Street Tree Billboard Placement, Pruning Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished which will wall sign with an area greater than 250 square feet be permitted closer than 250 feet to a public street. Staff initiated change which Council supported at July 12 meeting. Will provide a minimum duration in which billboard companies have to make their signs available for the advertising of civic events. Staff initiated change which Council supported at July 12 meeting. Will make the rate of change consistent with WSDOT standards. Staff initiated change which Council supported at July 12 meeting. The change will allow billboard owners to prune City street trees, if necessary. W InfoMemos\SignCode8- 9- 10.doc 15 INFORMATIONAL MEMO Page 6 20. Signs in ROW 21. Attachments avoid conflicts between the billboard and current or future street trees pruning of the street trees is permitted, provided: a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. b. All pruning is done by the applicant and all cost is borne entirely by the applicant. c. All pruning activities are supervised by a certified Arbonst and all pruning complies with ANSI A300 as currently written or as may be amended. d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscaping architect. Section 11. Signs Prohibited within the Right -of -Way. All regulations regarding the placement of signs within the City's Right of Way found in TMC Section 11.24.070 (B) are hereby repealed. Two maps showing the billboard receiving areas outlined in TMC 19.08.067 have been added as attachments D and E to the ordinance. Staff initiated change. Cleans up TMC to place sign regulations under one Title. Staff initiated change, provides a good visual reference tool for both staff and applicants. Similar maps had been provided to the City Council as part of the Sign Code Update binder (See Tab, "PC Written Comments") DISCUSSION The goal of tonight's meeting is to and modifications proposed by the staff will prepare a fnaI ordinance 1 6 W. 1201QInfoMemoslSignCodea- 9- 10.doc complete the review of the Draft Sign Code and to ensure that all edits City Council have been reflected in the Code. After tonight's meeting, for the Council consider at the August 16 Regular Council Meeting. • • • • INFORMATIONAL MEMO Page 7 RECOMMENDATION Staff recommends that the changes reflected in the strikeout/underlined version of the Draft Sign Code, included as Attachment "A ", be accepted by the City Council. Staff proposes bringing the final ordinance back to the City Council on August 16 for possible action by the Council. If Council adopts the sign code at the August 16 meeting, staff would also suggest that the current moratorium on the placement of certain signs within the City be repealed. ATTACHMENTS A. Ordinance m strikeout/underline format. W:12010 InfoMemos\SignCode8- 9- 10.doc 17 • • • RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17 , 1857,1892,1913,1964,1982,1995 §1(part) 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way - finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non- motorized forms of transportation, and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed -use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citizens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six times to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and Planning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, the City desires to adopt sign regulations that are easily understood by the City's businesses and residents and to that end wishes to consolidate all sign regulations under one Title; and WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and WA Word Processing \ Ordinances \ Title 19 Sign Code.dooc BM:mrh 08 /04/2010 Page 1 of 30 19 20 WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non - Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and WHEREAS, on April 22, 2010, the Planning Commission passed a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is *minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to arty other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections. A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area WA Word Processing \Ordina ces \Title 19 Sign Code .docx BM:uvh 08/02/2010 Page 2 of 30 • • Regulations and /or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19.08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 Atoning " means a fabric - covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Atoning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 "Awning/Canopy Sign, Linder" means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off - premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building Mounted Sign" means a sign permanently attached to a building and includes flush - mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billbonrd Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial, those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial, all properties located along Boeing Access Road; and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this Title are satisfied. Attachment D and E are maps that show the billboard receiving areas listed with this definition. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City 19.08.070 "Cabinet Sign" means a geometrically- shaped sign with a translucent face, backlit by an internal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three - dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C/ LI, TVS or TSO. 19.08.084 "Corner Projecting Sign" means a tall, vertically- oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department " means the Department of Community Development or subsequent organizational successor 19.08.091 "Digital Billboard " means an off - premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign W \Word Processing\ Ordinances \Title 19 Sign Code .docx BM:mrb 08/02/2010 Page 3 of 30 21 22 except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that can be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face" means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted. in Attachment C, attached hereto. 19.08.150 "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H. 19.08.155 "Institutional Use" means any non - residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 "Ismdnmrk Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi - Fancily Complex" means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.185 "Off- Premise Signnge" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Structure Incentive Sign" means a flush- mounted building sign permitted on parking structures and intended for periodic changes in copy 19.08.195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. WA Word Processing \Ordinaries \Title 19 Sign Code .door BM:mrh 08/02/2010 Page 4 of 30 • • 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building fagade and suspended from a bracket or armature or cantilevered to the building. 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. 19.08.235 "Sign" means materials placed or constructed, or Iight projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three - dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at Ieast 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.247 " Tukwila Urban Center" is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zoning Map kept on file with the D of Conmuinit 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Corridor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18-9 19.08.265 "Window Sign" is a sign applied to a window or mounted or suspended directly behind a window 19.08.270 "Window Sign, Temporary," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed„ constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 "Wireless Communications nications Facilihy" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director") or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City Permits W \Word Processing \ Ordinances \ Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 5 of 30 23 24 presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions - Sign Permits Not Required. The fallowing shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in Section 19.04.020. 2. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non - commercial speech. 3 Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7 Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9 Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 21. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building - mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size, It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated e gewer rental- unit: 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; W- \Word Processing \ Ordinances \Title 19 Sign Code .doa BMmrh 08/02/2010 Page 6 of 30 • • 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement without City and /or State approval; 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4; 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation; 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under Section 19.24.060; 7. The use of portable signs or other similar devices, unless permitted under Section 19.24.070; 8. Dynamic signs, except those types specifically permitted under this code; and 9. Abandoned signs. 19.12.050 Party-of- Record- Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party-of- record. The applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28 -day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14 -day period that the application is incomplete. D. An application shall b• _ - e--be complete on the Dcpartmcnt'a issuance of a notice of cemplete -a} Beat - es-pre c in Su seetioi - A-es -C heeea -erne expiration-e€- the- tirxe- peeieels -for i ctt ee- of- sueh- a- i*etiee -as pee 'ided- in- Subseetiens -,-ee- heree D.R: The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. EP The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. FG.The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. w \ Word Processing \ Ordinances \Tide 19 Sign Cocte .docx BM:n rh 08/02/2010 Page 7 of 30 25 26 B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed, 4. asiteplan; 5. a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. the procedures and deadline for filing comments, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application; 7. the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. F Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application, the staff report and any environmental documents or studies can be reviewed; 4. a site plan; 5. the date, time, place and type of hearing; 6. the phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing; 7. the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project and WA Word Processing \Ordinances \Title 19 Sign Code .dote BM:mr11 08 /02/2010 Page 8 of 30 • • 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period. 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department. 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain: 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the W-\ Word Processing \ Ordinances \ Title 19 Sign Code .doe', BM:nvh 08/02/2010 Page 9 of 30 27 28 relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. 19.12.160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19 12.120 and 19.12.130., 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and /or a monetary penalty, pursuant to this code, C. The City shall have the right to remove any signs illegally placed within the City's right - of -way, easements under City control or property owned and /or controlled by the City No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten -day period has expired, the City shall have the right to dispose of the signs. D. Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non- Conforming Provisions." B. Arty sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45 The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: W.\ Word Processing \ Ordinances \ Title 19 Sign Code .docx BM:mrl, 08/02/2010 Page 10 of 30 • • • 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review. The City's Building Official may require that proposed building- mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building - mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building - mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non-conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned - out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City 6. If a building- mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned as defined by TMC Section 19.08.020 The particular mitigation measures shall be based on the circumstances outlined below 1. Non - conforming Freestanding Sign. In the event that a non - conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City 2. Non - conforming Building - Mounted Sign. In the event that a non - conforming building - mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City The building wall shall be completely restored, as ordered by the Director 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building- Mounted Sign. In the event that a conforming building- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. W \Word Processing \Ordinances \Tide 19 Sign Code .doex BM:mrh 08/02/2010 Page 11 of 30 29 30 B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building- mounted signs. 9. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush - mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (Dl: The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) - Design Standards. W\ Word Processing \ Ordinances \Title 19 Sign Code .docx BM.:mrh 08/02/2010 Page 12 of 30 • Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side /72 square feet total 54 square feet per side/108 square feet total 6 feet One 400 -599 feet 50 square feet per side /100 square feet total 70 square feet per side /140 square feet total 7 feet One 600 -799 feet 60 square feet per side /120 square feet total 80 square feet per side /160 square feet total 7 feet One 800 -999 feet 66 square feet per side /132 square feet total 88 square feet per side /176 square feet total 8 feet Two 1,000 feet and over 72 square feet per side /144 square feet total 96 square feet per side /192 square feet total 8 feet One for every 400 feet of linear street frontage. 1. The maximum area of any flush - mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush - mounted building sign be greater than 50 square feet. 2. Lighting for flush - mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones. 1. One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: seconds. a. The image of the sign may not change more frequently than once every ten b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 10PM. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed .3 foot candle above ambient light conditions, measured 100 feet from the face. 2. Notice of Understanding. The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he /she understands and agrees to abide by the above requirements. 19.20.040 Permanent Free - Standing Signage in Commercial/Industrial Zones. Monument signs are permitted within all commercial and 'industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free - standing monument - style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi - public streets, per Table 1. Table 1- Design Standards for Permanent Monument Signs in Commercial and Industrial Zones a. Allowable sign message area is either the face panel of the sign, or for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Special Corner Properties or Properties with Multiple Street Pronto es. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has as at least 200 feet of frontage on each public street where a sign will be placed, b. Each public street provides direct access to the property; and W' \Word Processing \ Ordinances \ Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 13 of 30 31 Area (LxH) of Exposed Building Face (EBF) In Square Feet Permitted Sign Area 0-500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF - 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted 32 c. For each separate street frontage Table 1 shall he used to determine the design standards for any proposed monument sign. 32. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 43. Maximum Width. The maximum permitted width of a monument sign Is 15 feet. 54. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1,5 inches. 65: Ul+rrteaelope4- -P+gJ* s- afWaif -In some arcsas of the-Gity-,streh -as Interurben Avenue •-•here lorgc •••-devele cd rights of way are present, the City shall-allow-these-areas to be • iise of the adjeeent -pwepe n d _ ill _n me s -c placed within these ar-as. The property -evenci mteA seetr-r•c permission fr• ni th —ew er-ef- the -tight of way and also -agfec to inctintaiii the non traa.ell- ertien -ef-the r ight -ef- way- ctlerig- will -Iis 4 ep-acijecent- preperty- T-hesig91 setback will • is further from the street- Z6. Sigi+s- itt-L-Itifiergtrtiuri lit' ' rridnrs. Where-efsriefgFeend moments ae4 eei+idors have been established, no signs shall be Ioem^ ze-c-ex unless eor•rcesly specific perissierri -the- entry- helding the -easer t tis -t1ie K 19.20.050 Permanent Building - Mounted Signs in Commercial and Industrial Zones. A. Flush- Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush - mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush - mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building - mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2- Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones B. Awning Face Sign. An awning face sign may be substituted for a flush - mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush - mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed among: it multiple awnings on an exposed building face 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is Iocated. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. W \ Word Processing \Ordinances \Title 19 Sign Code .dos BMvuh 08 /02/2010 Page 14 of 30 • 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building- mounted sign when the following standards are met: 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground - floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5 No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D Corner Projecting Sign. In order to foster an urban -style environment, a corner projecting sign may be substituted for a projecting sign allowed under Section 19.20.050 C, when the following standards are met 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy 4. The length of the sign may not exceed two-thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building- Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. Under- Awning/Canopy Sign. a. Under - awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Awning/Canopy Side Sign. WA Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 15 of 30 33 34 signs. a. Only awnings /canopies that are over exterior public entrances are permitted b. Only one awning /canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two -thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Windom Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. c. No more than ten percent of the total ground -floor transparent- window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush - mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at Least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." G. Parking Garage Incentives. The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above - ground parking levels. W \Word Processing \ Ordinances \Title 19 Sign Code .dos BMavh 08/02/2010 Page 16 of 30 • • 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally- illuminated cabinet signs are not permitted. 5 Each sign may be a maximum of 288 square feet in area. 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7 A maximum of two parking structure incentive signs are allowed per parking structure wall. 19.20.060 Pole Banners. A. Pole banners are only permitted in the Tukwila Urban Center zone. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chapter 19.22 "Tukwila Urban Center Opt -Out Provision," hereby reads as follows: 19.22.010 Purpose. The Tukwila Urban Center defined in TMC Section 19.08.247 is an area of existing development that due to its high traffic counts and auto - oriented property configuration is well served by the historical sign regulations. This Chapter establishes an "opt - out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC 19.20. 19.22.020 Opt Out Permitted. A. A propertyowner within the Tukwila Urban Center (TUC) may choose to "opt out" of the requirements found in Chapter 19.20 of this Title if the following criteria are met: 1. The property owner of record must submit a letter to the Director of DCD notifying the City of the property owner's intent to "opt -out" of Chapter 19.20 within one -year of the effective date of this Title, with copies of the opt out letter provided to all tenants on the premise. 2. The letter must include a map identifying all parcels included in the "opt -out" request and verifying that the premise is located within the TUC. 3. An "opt -out" request will apply to all buildings, tenants and signs on a premise. 4. The letter must be accompanied by the fee established in the most current fee schedule. B. Upon receipt of the letter, the Director of Community Development shall confirm receipt and issue a determination regarding whether the property meets the opt -out criteria listed above. 19.22.025 Other Chapters Remain in Force. A decision to opt out as permitted by TMC 19.22.020 is only from Chapter 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of Chapter 19.20 are ineligible to participate in the Master Sign Program found in Chapter 19.32 unless the property owner chooses to opt back in pursuant to TMC 19.22.040. 19.22.027 Permanent Sign Application Materials. AU applications to install a permanent sign or other visual communication device under this Chapter shall include the following: 1. Three copies of a completed and signed application form provided by the City noting that the sign is proposed on an "opt -out" premise. W \ Word Processing \ Ordinances \ Title 19 Sign Code .doce BM:mrh 08/02/2010 Page 17 of 30 35 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0-500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted 36 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parkin areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If wall signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area, 5. Method of illumination, if proposed. 6. Method of support and attachment for wall signs. 7. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 8. Structural calculations, if required per Section 1916.020. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit 11. Valid Tukwila business license number for the sign contractor, if applicable. 19.22.030 Allowable Signage. A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs. Each tenant space shall be permitted one permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises, The following criteria shall be met for all permanent wall signs: a. The area of the wall si shall be a .ercenta:e of the area of exposed buildin face of the tenant space, as calculated per Table 1. Table 1- Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor b. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for occupied by the business utilizing the sign. c. Only onepermanent wall sign is permitted per tenant space per exposed buildin fg ace. 2. Freestanding Signs. One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; The site has at least two detached commercial occupied buildings, neither of which is accessory to the other, b. The site is occupied by at least two tenants; 3. Development Standards for Freestanding Signs. The following development standards shall apply to freestanding signs permitted under TMC 19.22.030 (B) a. Area of Sign. Street Frontage Up to 200 ft Sign Area /Sign 50 sq ft with a total of 100 sq ft. for all W\ Word Processing \ Ordinances \ Title 19 Sign Code .docz BMmrh 08/02/2010 Page 18 of 30 • • b. Height. Any permitted freestanding sign shall be not taller than the building which it identifies up to a maximum height of 35 feet, c. Setback. All freestanding signs shall be setback from all property lines a distance equal to the height of the sign. d. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs. Properties that .choose to opt out of the provisions of TMC Chapter 19.20 are prohibited from having any sign which may be considered a dynamic sign. 19.22.040 Right to Opt back In. A property owner that previously chose to opt out under TMC Section 19.22.020 may choose to opt back into the signs permitted under TMC Chapter 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back into TMC Chapter 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not confirm to the requirements of TMC Chapter 19.20 and either modify or remove them within 30 -days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC Chapter 19.20 the letter must be accompanied by sign permit applications identifying how they will achieve conformance. Section 76. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. Two copies of a completed and signed application form provided by the City; 2. Two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. Two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed, 5. Length of proposed display; and 6. Fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. W \Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 03/02/2010 Page 19 of 30 37 sides. 200 to 400 ft. 75 sq. ft. with a total of 150 sq ft. for all sides. Over 400 ft. 100 sq. ft. with a total of 200 sq ft. for all sides. • b. Height. Any permitted freestanding sign shall be not taller than the building which it identifies up to a maximum height of 35 feet, c. Setback. All freestanding signs shall be setback from all property lines a distance equal to the height of the sign. d. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs. Properties that .choose to opt out of the provisions of TMC Chapter 19.20 are prohibited from having any sign which may be considered a dynamic sign. 19.22.040 Right to Opt back In. A property owner that previously chose to opt out under TMC Section 19.22.020 may choose to opt back into the signs permitted under TMC Chapter 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back into TMC Chapter 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not confirm to the requirements of TMC Chapter 19.20 and either modify or remove them within 30 -days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC Chapter 19.20 the letter must be accompanied by sign permit applications identifying how they will achieve conformance. Section 76. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. Two copies of a completed and signed application form provided by the City; 2. Two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. Two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed, 5. Length of proposed display; and 6. Fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. W \Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 03/02/2010 Page 19 of 30 37 38 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19 12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 1924.050. 2. Any of the sign types otherwise prohibited under Section 19 12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City The use of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met 1. The portable signs are being used strictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5 The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to W-\ Word Processing \ Ordinances \ Title 19 Sign Code .docx BM:mrh 09/02 /7.010 Page 20 of 30 • be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent - window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run -off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent. F. Campaign signs are in addition to any sign permitted under TMC Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right -of -way areas not maintained by an adjacent property owner Section 87. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building - mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3 Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building - mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5 If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7 Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. W \Word Processing\Ordtaances\TIUe 19 Sign Code .docx BM:mrh 08/02/2010 Page 21 of 30 39 40 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7. Granting of the variance shall result in greater convenience to the public in identifying the business Iocation for which a Sign Code variance is sought. 19.28.040 Variance Not Permitted. Inn no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 9. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within conrunercial or industrial zones. Uses- that-provide tte with t he City's Sign Code. 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.060.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.060.B, will be reviewed by the Board of Architectural Review Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria. A Master Sign Program may be approved if all of the following criteria are met 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. W \Word Processing\ Ordinances\Tiae 19 Sign Code .doce BM:mrh 08/02/2010 Page 22 of 30 • • • • 5. No sign - related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non - conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1_ Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be Iocated indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7 Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter. 9 Analysis of sight distance safety if increases in size to monument signs or installation of a grand- monument sign is proposed. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively- approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush - mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises ovcs -85 acres and over in size, the flush mounted building sign can be increased up to six percent of the exposed building, face up to a maximum of 500 square feet, provided that no flush- mounted building sign with an area greater than 250 square feet is located within 2500 square feet of a public street. r ef-up-te- six- percent of the-exposed-building faee up -te-a rax- iautin- of-2-50-sq a e- feet-_ 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B In addition to the above -listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval. 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. W \Word Processing \ Ordinances \ Title 19 Sign Code .dooa BM:nuh 08/02/2010 Page 23 of 30 41 42 e. Roof signs may only be individual channel letters supported by an architecturally- integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. g. No more than two grand monument signs are allowed per premises. 4. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured walL 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non - conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial' guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. Section 109. TMC Chapter 19.36, "Non- Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non - conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered legally non - conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non - conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. W \Word Processing\ Ordinances \ Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 24 of 30 • • • • • B. Arty monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. 1. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non - conforming upon adoption of this code, may be issued a non - conforming sign permit that will allow them to remain for ten -years grace period from the effective date of this Ordinance. This shall be known as the grace erp nod o _ _ 'find as the date -ex -which t e-Gity-kact issued a sign permit foie face or copy- change- foi-he subject-sign. This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non - conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely However, application for and iaouancc of a sign permit that relocation, re- erection, alteration, replacement or change in any way to a legal„ non - conforming sign, including the structure or sign panel /face /copy will require the sign be brought into compliance with this code.: 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's previous Sign Code as of August 2010, as adopted by Ordinance No 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate the signs were legally conforming at that time of installationinatallcd and that any modifications made to the sign complied with the City's Sign Code regulations at the time of the modification. Application for and issuance of a sign permit that complies with this code -is required for Aany change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section will require that the sign he brought into compliance with this Code: 19.36.040 Non - Conforming Sign Permits. A. Non - conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non - conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non-conforming or illegal, and 2. whether the sign may be eligible for a non - conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non - conforming Sign Permits. 1. Eligibility. A non - conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non - conforming sign permit is required for all eligible non- conforming signs within the City. The sign owner shall obtain the permit within 180 days of notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications for a non - conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non - conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility The Director may require the filing of plans or W \Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 08 /02/2010 Page 25 of 30 43 44 other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with Section 19.12.120. C. Loss of Legal Non - conforming Status. Non - conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non - conforming sign permit is required but not obtained within 180 days of notice of non - conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non - conforming building- mounted signs on the premise affected by the construction and all non- conforming free - standing signs lose their non - conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non - conforming sign or the structure to which it is affixed. D Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non - conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy 19.36.060 Non - Conforming Temporary Signs. A. Non - conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. B. Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited, No additional permanent building- mounted signage is permitted on a tenant space that contains a non- conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non - conforming freestanding sign. 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor. In order to assist with the removal of non - conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18-9. b. Removal of non- conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non - conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. W \Word Processing \Ordinances\TiUe 19 Sign Cade.docx sM:mri, 08 /04 /2010 Page 26 of 30 • • • Type of Billboard Proposed in Designated Receiving Area Number of Billboard Faces That Must Be Removed Within Designated Sending Areas One Static Billboard Face Three billboard faces One Digital Billboard Face Five billboard faces Type of Sign Proposed in Designated Receiving Area Number of Billboards That Must Be Removed Within Designated Sending Areas One Static Billboard Face Five billboard faces One Digital Billboard Face Seven billboard faces • • • Section 118. TMC Chapter 19.38, "Billboards," hereby reads as follows: 19.38.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. Table 1 3. Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. Table 2 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair, To qualify for the billboard area increase a billboard provider must provide a total of 28 days of message time for civic events. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. WA Word Processing \Ordhnuues \Title 19 Sign Code .docc BM:mrh 08 /02/2010 Page 27 of 30 45 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 46 e. No portion of the billboard shall be within ten feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. Lighting of billboards: le) The billboard may be illuminated; non - digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than .3 foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3. Table 3 213) Each display must have a light sensmg device that will adjust the brightness as ambient light conditions change. 3e) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. fd) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds every minute. The Dieeeter•- ef-DCD and the Director of PW shall have the —te--inee--F tt o f c ;r t h e rippli alt qucnt rate of change will not pese- ar.,afety -risle to adjaeer re• = " - -rt-te- t eve- cuay- decuanetitaerrprevidcd by the arty and the applicant requesting to instal eae4 shall pay the full cost for the third party review, In no cane shall the DCD and PW Director pc .._ i it _ ...,... o f change that- is- rrlofe- frequent -din ranee -every-si-x ands- 5e) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. A. Upon application to place a billboard within a designed receiving area the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees, If placement of the billboard cannot be accomplished which will avoid conflicts between the billboard and current or future street trees pruning of the street trees is permitted, provided. 1. The applicant obtains a street use permit from the City's Public Works Department. The_purpose of the permit is to regulate the manner by which the trees will be pained, such as lane closures, sidewalk closures, etc. 2. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3 All •runin activities are su.ervised b a certifie. Arborist and all .runin complies with ANSI A300 as currently written or as may be amended, 4. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. 5. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the treels) as determined by a certified arborist or landscaping architect. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. W \Word Processing\ Ordinances \Title 19 Sign Code .doa BM:mrh 08/02/2010 Page 28 of 30 • • • • • 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5 Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or HDR. 6. Non - digital billboards cannot be refurbished or upgraded to either be tri- vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with TMC Section 19.38.040.H. 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall indude the following: 1. Three copies of completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application. 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600 feet 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5 Three sets of scaled and dimensioned footing design and height calculations. 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of shucture Calculations. 7 If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found in Section 19.38.040 G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9 Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Tukwila business license number for the sign contractor, if applicable. Section 11. Signs Prohibited within the Right -of -Way. All regulations regarding the placement of signs within the City's Right of Way as codified at TMC Section 11.24.070.B. are hereby repealed. W \ Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 29 of 30 47 48 _Section 121. Repealer. Ordinance Nos. 1274, 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 1995 §1(part), 2004, 2019, 2096, and 2126, are hereby repealed. Section 132. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. I Section 143. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W \Word Processing \ Ordinances \Tide 19 Sign Code .doa BM:mrh 08/01/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number Attachments: A — Definitions with photographic examples B -- Sign height drawing C -- Sign placement drawing D —Map of Billboard Receiving Area (West Valley Hwy) E -- Map of Billboard Receiving Area (Boeing Access and East Marginal Way South). Page 30 of 30 • • • • • • Attachment A — Definition Samples Signs "Awning /Canopy Side Sign" means a sign which is applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface "Awning /Canopy Sign, Under" means a sign which is suspended from an awning, canopy or arcade but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. "Cabinet Sign" means a geometrically shaped sign with a translucent face backlit by an internal light source. "Canopy" means a rigid structure projecting from the face of a building above a window, entrance, or storefront opening, providing weather rotection. _ 1 49 50 Attachment A — Definition Samples Signs "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to "Corner Projecting Sign" means a tall, vertically oriented sign which projects from a building corner and which is structurally integrated into the building. FOSTER CREEK II A P A P 7 M N T 3 206 - 248 -2998• .�z "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75% of the sign panel length. Monument signs may also consist of painted text or channel Letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this Code. • • • • • Attachment A — Definition Samples Signs "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. "Projecting Sign" means a permanent sign which is perpendicular to the building fagade and which is suspended from a bracket, armature, or which is cantilevered to the building. "Window Sign" is a sign which is applied to a window or mounted or suspended directly behind a window. "Window Sign, Temporary ", is a sign which is applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. rr 51 • Five feet from sign Sign Height Lowest point within 5ft of sign • SIGN Tallest point of sign • it 40' Cr 1 Standard Sight Distance --/ May be modified by City Engineer 1 1 1 40t Right Out Only e A l-bess term Center of Intersection of private access to public street Public Road Public Road Sign placement m ust com ply with setback requirements of sign code Center of Intersection of private access to niihlir cfroof • • • • cr LO In In • • • ATTACHED IS THE INFORMATIONAL MEMORANDUM AND MATRIX ATTACHMENT THAT WAS CONTAINED IN THE JUNE 28, 2010 AGENDA PACKET FOR THE SIGN CODE ISSUE. 57 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Nora Gierloff, Deputy DCD Director DATE: June 4, 2010, Revised June 22, 2010 SUBJECT: Sign Code Update ISSUE In 2007, the City Council identified a need to update the City's sign code because only piecemeal changes had been made since it was adopted in 1982. The Council realized that a complete rewrite was needed in order for the code to reflect changes to the City and the legal environment over the past 28 years, including the requirement that the code be content neutral. Over the past two years staff has worked with an advisory Committee and the Planning Commission to develop a Planning Commission Recommended Draft Sign Code which has been forwarded to the City Council for their review and consideration. Jim Haggerton, Mayor On June 28, 2010, the City Council as a whole will receive their first briefing on the Planning Commission Recommended Draft Sign Code and gather public comments at a hearing. The Council may then work with staff to determine an appropriate process for review of the Draft Sign Code. BACKGROUND Here is an overview of the public involvement process that was used to develop the draft code Public participation and public outreach have been cornerstones of the update process. Sign Code Advisory Committee Given the significant impacts that signs have on the community, the City Council established a Sign Code Advisory Committee (hereafter: Committee) to assist in the update process. Council Resolution 1656 established the Committee and specified that the Committee must include two Councilmembers, one Planning Commission member, three residents and two business representatives. The Committee conducted six meetings to provide input on various issues related to regulating signage within the City. Topics discussed included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings were open to the public and staff invited interested parties to come to the meetings to address any concerns, provide recommendations, or provide suggested courses of actions. Joint Meeting of the City Council and the Planning Commission The work of the Committee culminated in a report titled, "Sign Code Advisory Committee Policy ID Recommendations" (This report can be found in the Legislative Binder under the tab labeled as "Attachment A "). On January 29, 2009, a joint meeting of the City Council and Planning Commission was held to brief both bodies on the completed work of the Committee. Both the 59 INFORMATIONAL MEMO Page 2 City Council and the Planning Commission expressed general support for the recommendations provided by the Committee, but were interested in more specific details. Planning Commission Review Following the joint meeting, the Planning Commission conducted four workshops to review in detail the proposed recommendations of the Committee. It was at this time that the vision of the Committee began to be laid out into formal code language. The Planning Commission was supportive of the recommendations of the Committee and made only minor changes. In spring of 2010, the Planning Commission was presented a Public Review Draft Sign Code for their review and consideration. On March 25, 2010, the Planning Commission held a public hearing on the proposed code. Testimony was received from Westfield Southcenter, Bob Schofield, and the King County Realtors Association. Following the meeting the PC incorporated some of the public comments into their draft. On April 22, 2010, the Planning Commission adopted a motion recommending a Planning Commission Draft Sign Code to the City Council. An index which contains the legislative record used to develop the Planning Commission Recommended Draft Sign Code is included with this packet as Attachment C. The binder contains a report entitled, "Sign Code Advisory Committee Policy Recommendations under Tab A. Also included are documents that were reviewed by the Sign Code Advisory Committee, documents reviewed by the Planning Commission, and written comments provided to the Planning Commission. Other Public Participation In addition to the work with the Committee and the Planning Commission, Planning Staff has been working to engage other interested parties in the update process. The following actions were completed by staff: 1. Briefing to the Hwy 99 Action Committee (now known as the Tukwila International Blvd Action Committee) prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times. 3. Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with the Westfield Southcenter representatives on several occasions. 6. Staff met with representatives from Clear Channel Outdoors, one of the largest outdoor advertising companies in the Country. 7. Staff met La Pianta to discuss the impacts of the draft sign code on Tukwila South. 8. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 9. Notices were sent to all sign contractors who have done work in the City in the last three years informing them of the availability of the draft sign code, inviting their input and providing notice of the March public hearing. B Miles Page 2 06/24/2010 6 0 W InfoMemos \Sign Code 6- 28.doc • • • • • INFORMATIONAL MEMO Page 3 10. A letter was sent to parties of record requesting specific input on the recommendations of the Committee. 11. Throughout the entire update process the City has utilized a webpage to keep interested parties informed of the update process. The webpage included a link that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. Overview of Draft Sign Code The new sign code, which will replace the existing Title 19 of the Tukwila Municipal Code, contains 11 chapters. The following is a brief overview of the contents of the chapters. A matrix that compares that current sign code to the Planning Commission Recommended Sign Code is included as Attachment B. 1 Intent The first chapter reflects the intent language that was drafted by the Committee and edited by the Planning Commission. 2. Definitions The second chapter defines terms that are referenced in the new Sign Code. Photos are used to illustrate certain definitions. 3. Administration The next chapter is the administration section which outlines when sign permits are required, what types of signs are prohibited, what notices the City will send, how to appeal a decision and how the City will enforce violations of the Code. As a reminder, consistent with the current sign code only those signs that are "discernible" from the public right of way, adjacent premise, or an adjacent off -site business are regulated by the sign code. 4. Construction, Maintenance, and Removal of Signs The fourth chapter includes requirements for the construction, structural review and maintenance of signs. In keeping with current practice all permanent signs must have a final inspection to be considered legally installed. This ensures that they were safely constructed in accordance with the approved permit. Language regarding the removal of "abandoned" signs has also been included. 5. Permanent Signs This chapter includes sign regulations regarding the number, size and placement of permanent signs within both residential and non - residential zones. The current sign code only allows two main types of permanent signs, flush mounted wall signs and freestanding signs. One of the goals of the sign code update was to expand the sign types allowed within the City and in this chapter ten permanent sign types are permitted under different conditions. B Miles Page 3 06/24/2010 W \2010 InfoMemos \Sign Code 6- 28.doc 61 INFORMATIONAL MEMO Page 4 The draft also moves away from pole signs as recommended by the Committee and instead allows monument signs. Also, tall "freeway interchange" signs will no longer be permitted. In a change from the current code, there is no specific limit on the number of signs that may list a certain business, in keeping with the goal of content neutrality. A building and site will qualify for a certain number of signs based on length of street frontage, number of building entrances and building design. The only limitation on the text of the signs is that they reference on- premise businesses, products or uses. Finally, language to allow banners attached to parking lot light standards has been added. This type of signage was not discussed by the Committee; however staff and the Planning Commission wanted to include the language for consideration. These can help to bring color and interest to parking lots as well as create an identity for a center. 6. Temporary Signs The sixth chapter covers the number, size and placement of temporary signs. These signs may be commercial or non - commercial in nature. Like the permanent sign section, the regulations regarding temporary signs are divided between residential and non- residential zones. The Committee proposed and the Planning Commission supported allowing certain temporary signs for large special events in order to facilitate movement of automobile and pedestrian traffic. 7. Variances The variance process and criteria are similar to the language found in the current sign code. 8. Master Sign Program The proposed master sign program language would provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the needs of larger sites. The Committee was supportive of the concept, but had not reviewed specific criteria for the master sign program. The language found in the chapter reflects language reviewed and adopted by the Planning Commission. A site will qualify for the master sign program if it is at least 15 acres and has a minimum total building area of 200,000 square feet. Sites eligible for the master sign program include Westfield Mall, Boeing, Southcenter Square, and Parkway Supercenter. Additionally, uses that provide emergency services (i.e hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the sign code will also be eligible for the master sign program. Master sign programs that propose to vary the size, number or location of otherwise permissible signs would be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this Code would be reviewed by the Board of Architectural Review. The additional sign types that 8. Miles 6 2 W InfoMemos\Sign Code 6- 28.doc Page 4 06/24/2010 • • • • INFORMATIONAL. MEMO Page 5 could be allowed by the BAR are roof signs, taller monument signs, parking structure incentive signs and larger wall signs Master Sign Programs must also include a plan for the removal of any existing nonconforming signs on the premises within three years. 9. Non - Conforming Provisions The next chapter includes non - conforming provisions of the draft code. These recommendations were supported by both the Committee and the Planning Commission. A. Signs that are currently legal but would become non - conforming under the new code would have a 10 year grace period to come into compliance, during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. B. Older currently non - conforming signs, such as those installed to King County code in our annexation areas, could remain indefinitely but would need to come into compliance at the time of a copy /face change. C. Freeway interchange signs would have a 5 year grace period to come into compliance during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. D. A program to provide financial incentives to encourage the removal of non - conforming signs along the TIB Corridor has been proposed. Staff is proposing that a no -fee permit be required for signs that would be non- conforming to the new code. This permit will ensure that property owners and businesses are made aware of the limitations placed on making modifications to their non - conforming signs. 10. Billboards The chapter would establish billboard receiving areas within the City. The billboard receiving areas being proposed are: • Along West Valley Hwy at S. 180 and south to the City Limits. • Along East Marginal Way, north of Boeing Access road Within these receiving areas, static and digital billboards can be installed, provided that a minimum number of existing billboards within the City are removed. For example, to install a digital billboard in a receiving area would require the removal of at least five existing billboards. Specific development standards are provided for new billboards, including minimum spacing. The chapter also sets up provisions to allow reconditioning of existing billboards within the City that are not proposed to be removed. B Miles Page 5 06/24/2010 W \2010 InfoMemos \Sign Code 6- 28.doc 63 INFORMATIONAL MEMO Page 6 DISCUSSION ATTACHMENTS 11. General Provisions The final chapter of the sign code is the general provisions chapter. This chapter is essentially a "catch all" for certain legal statements that need to be included in the new sign code. The next step in the update process is for the City Council to start their review of the Planning Commission Recommended Draft Sign Code. The City Council will have an opportunity to hear from the public on the draft sign code at the hearing. Prior comments from the Planning Commission public hearing are included in the legislative binder. The extensive public process used has created a product that reflects the needs and desires of the community while also providing businesses and residents with the ability to have much needed signage. . Staff would like specific input from the City Council on the process and level of review they would like in moving forward on the draft sign code. Some options include: 1) Staff could prepare a matrix of the public comments received at the June 28 hearing for the Council's review at the July 6, 2010 Regular Council meeting. Council could then identify the comments they would Tike to incorporate into the final version of the code as well as any areas where they would like staff to develop new alternatives or approaches. Staff would then come back to the Council with revised language at a future Committee of the Whole meeting. 2) In lieu of going to the July 6 meeting, staff could schedule one, 2 -hour work session on the Planning Commission draft. At the work session, Council could review the matrix of public comments received as part of the public hearing and identify possible changes. After the work session, the proposed sign code would go back to a Committee of the Whole meeting for discussion before going to a Regular Council meeting for possible adoption. 3) The draft provided by the Planning Commission could be acted upon by the City Council at the July 6, 2010 Regular Council meeting. RECOMMENDATION The Committee of the Whole is being asked to conduct and close the public hearing at tonight's meeting and then select one of the review process options listed above. As always, DCD staff is available to meet with City Council members to walk through the draft sign code or to answer any questions. Please contact Nora Gierloff or Brandon Miles to arrange time to meet. A. Ordinance in draft form B. Matrix Comparing Current Sign Code to the Planning Commission Recommended Sign Code. C. Legislative Binder Index 8. Miles Page 6 06/24/2010 64 W• \2010InfoMernos \Sign Code 6- 28.doc • • • Item Existing Sign Code Draft Sign Code Type of Permanent Signs Permitted Only allows freestanding signs and flush mounted wall signs, Expands the type of signs permitted within the City, including projecting signs, grand projecting signs, and blade signs. Total number of Signs Permitted per business. Two total, a business may be listed on one freestanding sign and one flush mounted wall sign or be listed on two flush mounted wall signs. Depends on the circumstances of the property and the tenants space. However, In most cases the number of signs for a business has been expanded. Each public entrance of a business will qualify for a building mounted sign. Building mounted signage is also allowed as an incentive for providing transparency and architectural detailing. Pedestrian oriented signage Is allowed outright. Projecting signs and corner projecting signs are permitted in addition to other signage. The number of freestanding signs will be independent of the number of building mounted signs. There is no restriction on the number of freestanding signs a business can be listed on provided the property qualifies for placement of freestanding signs. Number of wall signs allowed Two, if the businesses are not listed on any freestanding signs. Depends on the circumstances of the property and the tenant's space. However, in most cases the number of signs for a business has been expanded Each public entrance of a business will qualify for a building mounted sign. Building mounted signage can also be provided as a reward for providing transparency and architectural detailing. Pedestrian oriented signage is allowed outright. Projecting signs and corner projecting signs are permitted in addition to other signage. Size of Flush Mounted Wall Signs In most cases based on the following table. The sign area table in the current sign code will be used in the new sign code. The provision for a 50% increase for each doubling of the required setback as been removed. Properties that qualify for the Master Sign Program may have wall sign area of 6% of the wall area up to 250 square feet or 500 square feet, depending on the type of the business. Area (UCH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x 05 or 20 sq ft 501 -1500 (EBF -500) X 04 +25sf 1501 -3000 (EBF- 1500) X 03+ 65sf 3001 -5000 (EBF -3000) X 02 +110sf • • SIGN CODE UPDATE The following matrix compares the current Sign Code to the Planning Commission Draft Recommended Sign Code. Permanent Signs in Commercial /Industrial Zones B. Miles Page 1 C :\cemp\XPg:pwise\Manix Foimatted.doc 06/23/2010 e Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size < 400 feet 36 sf per side/T2 sf total 54 sf per side /108 sf total 400 -599 feet 50 sf per side/100 sf total 70 sf per side /140 sf total 600 -799 feet 60 sf per side /120 sf total 60 sf per side /160 sf total 600 -999 feet 66 sf per side /132 sf total 88 sf per side /176 sf total 1000 feet and over 72 sf per side/144 sf total 96 sf per side /192 sf total • Type of Freestanding Sign Number of Freestanding Signs Area of freestanding sign Over 5000 150 sf maximum size permitted Some businesses can qualify for up to a 50 percent increase in the area of the sign for each doubling of the required front setback; however in no case shall the sign exceed 6 percent of the wall area. No restrictions, pole signs and monument signs are permitted. Most properties are allowed one. An additional sign is permitted if the property has at least 400 feet of linear frontage along a public street. the site has at least two detached commercially, occupied buildings. and the site Is occupied by at least two tenants. Based on the length of street frontage. • A premise with up to 200 feet Is allowed one freestanding sign with an area of not more than 50 square feet per side with a total of 100 square foot for all sides. • A premise between 200 and 400 feet is allowed one sign with an area of not more than 75 square feet per side with a total of 150 square feet for all sides. • A premise over 400 feet is allowed one sign with an area of not more than 100 square feet with a total of 200 square feet for all sides. B Miles Page 2 C:\ tcmp\7Pgrpwise\Mattix Fotmatted.doc The proposed sign code moves to 'monument only for most properties. Properties that qualify for the Master Sign Program may have grand monument signs (up to 35 feet tall). For properties with less than 800 feet of frontage on a public street only one monument sign is permitted. A property with 800 feet of linear frontage is permitted two signs with an additional sign being permitted for every 400 feet with no maximum on the number of signs. Still based on the total frontage along the street: Area not used for sign message may be used for architectural detail or design elements to link the sign to the associated building(s). 06/23/2010 • • Height of Freestanding Signs No taller than 35 feet tall, provided the sign is not taller than the building it is used to advertise. Total ROW of Premise Maximum Height < 400 feet 6 feet 400 -599 feet 7 feet 600 -799 feet 7 feet 800 -999 feet 8 feet 1000 feet and over 8 feet Setbacks of Freestanding Signs One foot for every foot in height from all property lines. For example, a ten foot tall sign would need to be ten feet from all property lines. Minimum of five feet from all property lines, must comply with Sight Distance Triangle. Freeway Interchange Signs One allowed on a premise that provides goods and services to the traveling public and is located near an off ramp. Not permitted under proposed draft. Dynamic Signs Signs that change more than once every 24 -hours are considered dynamic displays and are not permitted in the City Video like images are still not permitted on signage; however mechanical displays, flashing and chasing lights may be permitted for projecting signs. Master Sign Program Not included in current sign code. Large properties can enter into a master sign program with the City The idea is that these properties may have sign needs that are unique that cannot easily be addressed in the sign code. The Master Sign Program allows: • An increase in the size of monument signs; • Aggregation of building mounted or freestanding signs into fewer, larger signs; • Roof Top signs in the TUC Zone, • Grand Monument Signs; • Parking Structure Incentive Signage, and • Provisions for larger wall signs for landmark businesses Regional Gateway Sign Not included in current sign code. Allowed as a means to attract and welcome people to the Southcenter Area of the City Only allowed on a property adjacent to two interstate highways and only permitted via a Development Agreement. • B Miles • Page 3 C:\ temp\XPgrpwise\Matrix_Fonnatted. doc 06/23/2010 • Item Existing Sign Code Draft Sign Code Banners or Rigid Signs The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sign face area. Limit of two temporary signs. No Change. Length of Display of Temporary Signs 30 -days a calendar quarter No Change. Placement of Temporary Signs Not in right of way. No specific language on Location. The sign must be securely attached either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of signs in any other manner is strictly forbidden (Le. tied to trees). Special Event Signage (Le. balloons, pennants, etc) Only allowed for grand openings. Each business in the City is permitted a special event once every 24 months. No restriction on the type of event. Portable Signs Strictly Forbidden Not permitted, except for use during special, large events for crowd and/or traffic control when approved by the City Item Existing Sign Code Draft Sign Code Who gets permanent signs in residential zones? Churches, conditional uses, public facilities and multiple family complexes are permitted permanent signage. The existing code provides specific requirements based on the exact use. Substantively no change, conditional uses, schools, churches and public facilities will be considered 'institutional' uses. Multi- family will also be permitted signage. Multi- family is considered as having at least five or more units. The proposed code makes no distinction on allowable signage based on use. Types of signage permitted Flush mounted wall signs and freestanding signs. No Change Total Number of Signs Allowed Churches, conditional uses and public facilities are permitted one wall sign and one freestanding sign outright. An additional sign is permitted for each All institutional uses and multi - family developments are allowed at least one wall sign and freestanding monument sign. An additional freestanding monument style sign is permitted for each street that provides access to the premise. • Temporary Signs in Commercial /Industrial Zones Permanent Signs in Residential Zones B. Miles Page 4 C:\temp1XPgcpwisc Watix Formatted.doc 06/23/2010 • • Item additional frontage. Draft Sign Code Maximum size of flush mounted wall sign. 50 square feet is allowed outright Like in commerciaUindustrial zones a formula is used based on the area of the wall; however in no case shall the sign be greater than 50 square feet. Dynamic Signs Currently not permitted. Foster High School was issued a sign permit under a previous code provision that sunset. Would be allowed for any sign permitted in residential zones The sign will have to comply with the same standards as the sign at Foster High School. Type of Freestanding Sign Allowed No restrictions, pole signs and monument signs are permitted. Monument Only Area of freestanding sign For churches, schools and public facilities that max is 50 square feet; for multi - family developments the total is 32 square feet. Maximum size is 30 square feet for one face and 60 square feet for all faces. Height of Freestanding Signs 16 feet for churches, schools, and public facilities and 5 feet for multi -family developments. 5 feet for all signs. Setbacks of Freestanding Signs 8 feet for churches, schools, and public facilities and 5 feet for multi - family developments. No minimum setback, must meet sight distance triangle requirement. Item Existing Sign Code Draft Sign Code Banners or Rigid Signs The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sign face area. Limit of two No change. Length of Display of Temporary Signs 30 -days a calendar quarter No Change. Placement of Temporary Signs Not in right of way No specific language on location. The sign must be securely attached either to the wall if located on the building, or securely tied to stakes located In a landscaped area. Display of signs in any other manner is strictly forbidden (i.e. tied to trees). Must be setback at least five feet from property lines. Special Event Signage e balloons, pennants, etc) Only allowed for grand openings. Each institutional and multi- family complex may have up to 12 special event signage permits per year The duration of the permit shall not exceed 72 hours. Portable Signs Strictly Forbidden Not permitted, except for use during special, large events for crowd and/or traffic control when approved by the City • Temporary Signs in Residential Zones B. Miles Page 5 C:\temp\XPgrpwise\Maaix Fonnatted.doc 06/23/2010 • Item Existing Sign Code Draft Sign Code Removal of The Director may order the removal or maintenance of Definition of abandoned sign specifically provided: Abandoned Signs any sign that Is not maintained In a safe orderly condition, `Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for Or 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. If a non - conforming sign suffers more than 50 percent damage or deterioration, based on an appraisal. Director has authority to order the removal of any abandoned sign. Non - Conforming Any proposed face or copy change to a non - conforming Various non - conforming provisions are provided Provisions signs requires conformance with the code. 1 Signs that do not comply with the existing sign code required to come into conformance for any proposed face or copy changes. This code provisions is the same as the current sign code. 2. For signs that comply with the existing sign code, a grace period is provided of up to ten years for most signs. During the grace period there can be an unlimited number of face changes. After the ten year period, the sign can remain, but any face, copy or other modifications will require conformance The grace period for freeway interchange signs will be five years. Miscellaneous Code Provisions B. Miles Pagc 6 06/23/2010 C Atemp\XPgrp wiseMMatrix_Formattcd.doc • • • • • ATTACHED IS THE INFORMATIONAL MEMORANDUM AND MATRIX ATTACHMENT THAT WAS CONTAINED IN THE JULY 12, 2010 AGENDA PACKET FOR THE SIGN CODE ISSUE. 71 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Nora Gierloff, Deputy DCD Director DATE: July 2, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code. BACKGROUND Jim Haggerton, Mayor At the June 28, 2010 Committee of the Whole Meeting, staff provided an overview of the Planning Commission Recommended Draft Sign Code. After Staff's presentation, the City Council conducted a public hearing and received both written and oral testimony on the Draft Sign Code. • Testimony was received from the following individuals: • Mon Wig, Owner of Wig Properties • Pam Carter, Resident • Nicholas Lee, Wesfield, LLC • Bob Schofield, Seattle Retail • Karlyne lwata, Property Owner • Jerome Baruffi, Property Owner Written (both mailed and emailed) comments were also provided from the following individuals /groups: 1. Westfield, LLC, dated June 28, 2010 2. James Adams, BECU dated June 28, 2010 3. Jerome Baruffi, 401 Strander, dated June 25, 2010 4. Letter from NW Sign Council dated June 22, 2010 5. Letter from National Sign Co. dated April 22, 2010 Following closure of the public hearing, the City Council provided guidance to staff on what information they wanted to help Council with their deliberations. The following documents are provided for the Council's review and to supplement the record that was forwarded to the City Council on June 28, 2010: 1. Matrix of substantive comments, both oral and written, provided to the City Council and staff's response to those comments, including suggested changes where applicable. 2. Matrix comparing selected cities sign regulations to Tukwila's Draft Sign Code and existing Sign Code. 3. Example of Digital Display (to be provided at meeting using overhead) W I nfoMemos \SignCodeAgain.doc 73 INFORMATIONAL MEMO Page 2 The Council also inquired about the provisions for use of digital displays in residential zones. It was the unanimous consensus of the Sign Code Advisory Committee to allow digital displays, similar to the one found at Foster High School, for institutional uses within residential zones. The Draft Sign Code, under TMC 19.20.030 provides the same standards that were used for the Foster High School Sign. These standards are as follows: One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. illumination of the dynamic sign is limited to the hours of 7AM to 10PM. 2. Notice of Understanding. The operator of any dynamic sign installed per this subsection must submit a letter to the Director that states the organization understands and agrees to abide by the above requirements. DISCUSSION The goal of tonight's meeting is to continue review of the draft sign code and to provide input to staff on any modifications that Council may want to make regarding the Draft Sign Code. After tonight's meeting, staff will work on a final ordinance to reflect any changes desired by the Council and will bring that back to the Committee of the Whole on August 9, 2010 for review. At the June 28, 2010 meeting, Council indicated that they may want to hear from the public during their next review of the Draft Sign Code. Since this is a legislative matter the Council President can choose to allow public input during the deliberation process. While input may be allowed, it will not be a public hearing. RECOMMENDATION ATTACHMENTS 7 4 W12010 InfoMemoslSgnCodeAgain.doc a. The image of the sign may not change more frequently than once every ten Continue to review of the Draft Sign Code and provide input to staff on City Council modifications. Staff will bring a draft ordinance to the Council for consideration at the August 9, 2010 Committee of the Whole meeting. After the August 9, 2010 meeting the Draft Sign Code, at the Council's discretion, could be forward to the August 16, 2010 Regular Meeting for adoption. A. Matrix of substantive comments, both oral and written, provided to the City Council and staff's response to those comments, including suggested changes where applicable. B. Matrix comparing selected cities sign regulations to Tukwila's Draft Sign Code and existing Sign Code. • Name and Site Comments Staff's Response Nicholas Lee, of Westfield Southcenter Mall Provided comments regarding two items: 1) Area of Flush Mounted Signage. Adoption of this sign code will not make any existing signs at the Mall non - conforming. The City and Mall have a Development Agreement which addresses a wide variety of issues, including signage. The development agreement will be valid until 2018 and then the Mall will be subject to the sign regulations in place at that time. The Mall has noted that they may wish to "opt" in to the new sign code earlier but that decision would be purely voluntary by the Mall. Staff's response to the issues raised by Westfield, assuming they wish to opt in: 1) Area of Flush Mounted Signage. The Mall is currently allowed to have wall signs of 6% of the area of the exposed building face, up to a maximum of 500 square feet. All other commercial buildings in the City are limited to 150 sf wall signs. Recommended the following change to the draft code: TMC 19.32.060 Allowable Modifications Under a Master Sign Program. 2. Increase in the area of a flush mounted building sign, allowed per Section 19.20.050.A of up to six percent of the exposed building face, up to a maximum of 250 square feet, except for sites larger than 85 areas where Westfield brought up this comment to the Planning Commission (PC) during the PC's review. The PC asked staff to research the size of existing wall signs at the Mall out of concern that the original language they were considering would have made some existing wall signs at the Mall non- conforming. The PC then adopted language raising the maximum wall sign size allowed under the master sign program to 250 sf, accommodating all existing wall signs. It was both the PC and Staff's understanding that issue of creating non - conforming wall signs at the Mall had been addressed. Since that time the Mall has proposed a 500 sf sign for the future Seafood City store. Properties not eligible for the master sign program are allowed a wall sign size between 3% and 5% of the wall area, up to a maximum of 150 square feet. Only those properties that are eligible for the Master sign program can get 6% up to a maximum of 250 square feet. the maximum shall be 500 square feet. • Comment Matrix with Staff Res>onse v C. \temp\XPGrpWise\Public Comm Matrix Format.doc to • • 07/07/2010 Page I of 14 Comment Matrix with Staff Response 1 0• Name and Site Comments 2) Maximum Area and Height of Grand Monument Signs Westfield requested that the maximum sign message area be increased up to 500 square feet and maximum height be increased up to 115 feet for Grand Monument Signs. They note that such signage provides needed visibility along I -5 and 1- 405. Recommended the following change to the draft Code: 19.32.060 Allowable Modifications Under a Master Sign Program. A. In addition to the above listed modifications, the following addition sign types maybe allowed with BAR approval: 2. Grand Monument Signs, subject to the following standards: a. Sign message area may be increased up to 100 square feet per side, 200 square feet total and limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. Staff's Response Not all tenants at properties eligible for the Master Sign Program are capped at a maximum of 250 square feet. Landmark Tenants (Anchor Tenants under the current code) are given a sign allowance of 6% of the exposed building face up to 500 feet square feet. Staff Recommendation • No Change from Planning Commission Draft 2) Maximum Area and Height of Grand Monument Signs The Sign Code Advisory Committee recommended that tall signs, such as grand monuments, not be permitted under the new code. However, staff developed the grand monument provision and the PC approved it as part of the draft sign code due to a realization that some properties, such as the Mall, needed larger signage. During the PC public hearing Westfield made a request to increase the size and height of grand monument signs to a greater degree than what they are now proposing to the City Council. The sign size proposed by Westfield is larger than any sign allowed under either the current sign code or the draft sign code including billboards. The Master Sign Program removes any limit on the total area of the sign structure, only the message area is limited. By removing the limit on the area of the sign it provides property owners flexibility to design a creative, lively sign that sparks visual interest for people passing by. Sign message area is not needed to accomplish this goal. There is no limit on the height of grand monument signs, provided the signs are not taller than the building they are used to advertise. As was discussed at the last Council meeting, we C. \temp\XPGrpWisc\Public Comm Matrix Format.doc • • 07/07/2010 Page 2of14 • Name and Site Comments Staff's Response b. Total height of the sign structure may not exceed the height of the tallest building on the premise, except for are using the sign code to provide incentives for development types such as multi -story buildings. At the last Council meeting reference was made to the sign at Factoria Square in Bellevue. Staff contacted Bellevue and reviewed their sign code for sample language regarding mall signage and/or freeway interchange signs. Factoria Mall and the tall sign located on the property were annexed into the City. The existing sign is considered legally non - conforming. Bellevue requires amortization of such signs, but the sign is located along I -405 so it is subject to the Scenic Vistas Act, which would require compensation for its removal. The City of Bellevue permits face and copy changes to the sign, provided it complies with the City's non - conforming regulations. A brand new sign the size of the one in Factoria would not be permitted in Bellevue. Finally, the Draft Sign Code provides an avenue for gateway signage at the Mall. TMC 19.32.080 allows for a Regional Gateway Sign on a property subject to the Master Sign Program that is adjacent to two interstate highways. The intent of this sign is to attract and welcome visitors to the Southcenter area of the City. This sign could be used to meet Westfield's concerns that motorists on I -405 and I -5 do not see the property. Staff Recommendation sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. • No Change from Planning Commission Draft James Adams for BECU Corporate Office Letter requests different standards for corporate headquarters, defined as large single tenant office campuses with a building square footage over 100,000 square feet. • Comment Matrix with Staff Response v C. \temp\XPGrpWise\Public Comm Matrix Format.doc • 07/07/2010 Page 3 of 14 • Comment Matrix with Staff Response CC Name and Site Comments Recommended the following changes to the draft code: 1) Building fascia signage. Allow signage on all sides of the building. Allow a maximum of 500 square feet per sign. Signage should be located as high on the building as possible. Signage may be internally or externally illuminated. 2) Pylon Signage If the building only uses 1 or 2 fascia signs it may also have a pylon sign with message on two surfaces. The pylon sign may be up to 20 feet taller than the highest point of the main campus building. The area of the sign would be limited to 200 square feet. 3) Entry ID Signage Since the building's main entry is over 100 feet from the street it should be allowed a sign identifying the name of the business Staff's Response 1) Building fascia (wall) signage. The proposed code does not limit the number of wall signs permitted per business or their placement on the wall. Each side of a building that has a public entrance will qualify for a sign. Signage on walls without entrances can qualify for signs by providing design elements such as architectural detailing and transparency. The draft code allows building mounted signs in commercial zones to be illuminated. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation 2) Pylon (Pole) Signage The Sign Code Advisory Committee and the Planning Commission wanted to de- emphasize tall pylon signs, especially those taller than their associated buildings. Sign visibility for tall buildings can be achieved by placing the sign on the highest portion of the building wall. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation 3) Entry ID Signage; and 4) Driveway Signage Under the draft sign code one freestanding sign is allowed for C. \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 4 of 14 • • Comment Matrix with Staff Response C. \temp\XPGtpWise\Public Comm Matrix Format.doc cfl • 07/07/2010 Page S of 14 • Name and Site Jerome Baruffi for 401 Strander professional Comments at the entry. The sign should be pedestrian focused, not higher on the building than 20 feet above grade and be located within 30 feet of the entrance. Area of the sign would be up to 150 square feet. 4) Driveway Signage The property has multiple entrances and each driveway should be allowed one sign. Overall graphic area of such sign should not exceed 75 square feet in size. 5) Promotional Signage Allow temporary signage on the building should be permitted on each side of the building. Signage is allowed to be up for a maximum of 120 days. Signage is limited in size to no more than 50% of the area of the side of the building onto which it is being displayed. The current sign code only permits the property to have one freestanding sign. Since the property has less than 800 feet of linear frontage on a public street it would qualify for only one Staff's Response each 400 linear feet of street frontage. The proposed sign code would allow BECU to have a seven foot tall sign with a message area of 60 square feet per side and a total sign area of 80 feet per side. Additionally, TMC 19.12.030 allows for directional signage that is three feet in height with a message area of two square feet per face. There is no restriction on the message on the directional signage. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 5) Promotional Signage (Temporary Signage) During the review process with the Sign Code Advisory Committee it was clear that they did not want to provide avenues for additional temporary signage. The language in the draft code is largely the same language as the existing sign code. The only difference is that each business can qualify for one special event signage every 24 months. This language replaced the grand opening language found in the existing code. Under a special permit, an applicant could install signs that typically would be prohibited under the sign code because they would be considered "carnival in nature ". Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. Mr. Baruffi's property represents a unique situation. The property borders on Strander Blvd and Andover Park West but has less than 800 feet of linear frontage combined on both Name and Site Comments Staff's Response building monument sign under the draft sign code. Mr. Baruffi requests streets. The site can be accessed from both streets. One of the the ability to install two monument signs. goals of the Sign Code Advisory Committee was to provide more freestanding signage for properties with large frontage and for comer properties. One of the examples that the Committee looked at was the Acura site at Andover Park West and Baker. The Acura property has several access points on both streets, but under the sign code is only permitted one freestanding sign. The Committee provided a fix for the properties similar to the Acura site, but Mr. Baruffi's property would not benefit from those changes. Staff Recommendation: Properties with frontage on two public streets will be permitted two freestanding signs, provided the following criteria are met: 1. The property has at least 200 linear feet of frontage on each street. 2. Each public street provides direct access into the subject property. 3. The size and height of the sign will be based on the linear frontage found in Table 1 of TMC 19.20.020. Northwest Sign The letter is from the Northwest Sign Council which is the Council, Not Site trade association representing the on- premise sign industry in Specific the Pacific Northwest. The letter requested three modifications to the draft sign code: 1) Height of Monument Signs 1) Height of Monument Signs Request that the maximum height permitted for monument The proposed sign code will increase the number of signs be increased, referenced concerns with safety. freestanding signs permitted per a premise; however the co Comment Matrix with Staff Response C. \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 6 of 14 • Name and Site Comments Staff's Response tradeoff for this increase is that signs be smaller and lower to the ground than pole signs. The idea with reducing the height of freestanding signs was two fold: a. Pole signs conflict with street trees and on -site perimeter landscaping. Both the Sign Code Advisory Committee and the Planning Commission reviewed photos and videos that showed this conflict Monument signs allowed for visibility even when the sign was surrounded by trees. b. Visibility can still be achieved with building mounted signs. The wide range of signs allowed on buildings can provide visibility needed for businesses. Finally, properties that are eligible for the Master Sign Program can install a sign with a height up to the height of the building. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 2) Non - conforming Signs. 2) Non - conforming Signs Requested that a uniform date for the start of the grace period The proposed language allows each property to amortize the be established in lieu of using the date of the last legal face value of the sign before having to remove the sign. As outlined change. in the code, compliance with the code is only required if there is a proposed modification to the sign, such as a face change or copy change. When the ten year grace period has expired, the sign can remain with limitations. Adoption of the sign code will not require immediate removal of signs. A uniform compliance date would be easier for staff to administer, however, the trade -off is that it would delay the gradual removal of signs that do not comply with the sign code. • Comment Matrix with Staff Response co C. \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 7of14 Comment Matrix with Staff Response cc Name and Site Letter and Testimony from Robert Schofield, Various Properties in Southcenter Area Comments 3) Freeway Interchange Signs Allow for freeway interchange signs with Council approval by development agreement outside of the Regional Gateway area. The letter also references some minor edits to the sign code that address technical issues such as lighting and brightness. These suggested comments are minor and staff does intend on inserting them in the code. Referenced concern with the monument only provision for freestanding signs. Noted that it would be harder to see signs from a moving vehicle if they were placed lower to the ground. Indicated that businesses located at the rear of properties needed freestanding signage for visibility. Proposed creating a sign district from Strander Blvd to S. 188 Street which would allow pylon signs to continue to be used. Staff's Response Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 3) Freeway Interchange Signs The Sign Code Advisory Committee expressed concern with continuing to allow tall signs in the City. As envisioned, the Regional Gateway sign is not intended as a sign for an individual business or businesses, but a sign that markets an entire area. Finally, the language suggested in the letter from Northwest Sign Council does not need to be in the Code. The City Council always has the right to entertain Development Agreements and language to that effect does not need to be in the Code. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. The proposed sign code will reduce the freestanding sign area and height for Mr. Schofield's properties. The total number of freestanding signs allowed for many properties has been expanded, however Mr. Schofield's properties don't have the frontage length to use that provision. The proposed code does allow for additional building mounted signs, such as projecting signs, which could provide increased visibility. If the Council does want to consider allowing pole signs along C. \temp\XPGrpWise\Pub1ic Comm Matrix Format.doc • • 07/07/2010 Page 8 of 14 • Name and Site Comments Staff's Response Southcenter Pkwy, then the number of freestanding signs permitted under the new sign code should be reduced. The idea of allowing more freestanding signs for some properties was balanced with the lower profile of the signs. Allowing additional pole signs beyond what is permitted under the existing sign code should not be permitted. An "opt out" provision could be used to address Mr. Schofield's properties. Under an "opt out" provision properties along Southcenter Pkwy could choose to stay under many of the provisions of the existing sign code. This would allow Mr. Schofield to still utilize freestanding signs, but would also limit his properties from taking advantage of additional sign options and flexibility under the draft code, including the removal of the cap on business signage, ability to utilize a variety of building mounted signs, and flexibility on special event signage. Staff Recommendation: • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. Other Option: An "opt out" provision could be included in the sign code to allow existing businesses to keep pole signs. The opt out provision should only apply to properties fronting along Southcenter Pkwy between Strander Bvld and S. 180 St (not S. 188th St). Presentation from Discusses family history in Southcenter Area of the City. No No response needed. Karlyne Iwata, specific suggestions for sign code. Properties on Southcenter Py • Comment Matrix with Staff Response C.ltemp\XPGrpWise\Public Comm Matrix Format.doc W • • 07/07/2010 Page 9 of 14 Name and Site Comments Staffs Response Letter from Letter commented on several items: National Sign Company, dated 1. Definition of abandoned sign needs to be re- edited. 1. The definition provided by the Planning Commission April 22, 2010, not site specific meets the needs of the City. Many cities use a percentage of value to determine if a sign has been abandoned. Using valuation is cumbersome and 2. Directional sign should be increased to 6 square feet per difficult to work with. face. 2. The area provided is the same as the current sign code. An applicant can always use one of their permitted freestanding signs as a directional sign, provided it complies with applicable size limitations. The sign code only regulates those signs that are "discernable" from the ROW, adjacent properties or off -site businesses and thus there is no size limit on any signs, including directional, which are not regulated by the 3. Sign permit apphcations should be completed and sign code. approved within 14 days of submittal and in no case 3. The processing time limits are the same as in the shall it take more than 60 days to approve. current sign code and are consistent with the time limitations found in the Zoning Code. Sign permits are issued on average 5 days after application. The code has to provide a time limit and staff wants to keep the time limit consistent with the zoning and 4. Signs should be valid for 1 year from approval date with building codes. ability to extend 180 days. 4. The limits provided in the draft code are identical to 5. Any contractor operation within the City without a the building code. business license shall be required to pay a penalty of 5. The fine amount of $1000 ensures that sign contractors $250 and contractors should not have to sign an will not benefit from performing illegal work within affidavit that they have read the City sign code. the City. 6. Height of freestanding signs should be increased to 25 feet and an area to 150 square feet per face outright. A 6. Using the Master Sign Program an applicant can have maximum height of 50 feet and an area of 300 square two grand monument signs that are no taller than the feet per face should be allowed under the approval of building. In some cases, such as the Mall, the height the BAR. Monument signs can be up to a maximum of of the sign will exceed the 50 feet proposed by 100 square feet per side and 12 feet in height. National Sign Code. The message area for Grand co Comment Matrix with Staff Response C: \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 10 of 14 • Name and Site Comments Staff's Response Monument Signs is 100 square feet per face, which is the same maximum for freestanding signs found in the current code. There is no limit on the area of the sign structure. The sign area recommended by National Sign Company exceeds the area limits of the current 7. Number of freestanding signs should be one sign per sign code. 300 feet of frontage with a 2nd sign allowed for 7. The draft sign code provides more freestanding signs properties over 300 feet of frontage on a corner than the current sign code. Staff is also proposing that property. modifications be made to address corner properties, see staff comments regarding Mr. Baruffi's letter dated 8. Area of wall signs shall be up to 10 percent of the June 25, 2010. building elevation. 8. The area limits under the draft sign code are substantially the same as the current sign code. No entities under the current sign code are permitted a sign area of more than 6 percent. Staff Recommendation • No Change from Planning Commission Draft Testimony of Ms. Carter provided testimony regarding the lack of signage at As part of the update process the Sign Code Advisory Pam Carter the Light Rail Station on Southcenter Blvd. Under our current Committee realized that properties that have a significant regarding sign code the Station only qualifies for one freestanding sign. street frontage length and comer properties needed Essential Public additional signage. Under the draft sign code the Light Rail Facilities Station would qualify for two monument signs. Additional flexibility could be achieved if essential public facilities, such as the Light Rail Station, were eligible for the Master Sign Program. Staff Recommendation: • Staff proposes that essential public facilities be allowed to utilize the Master Sign Program. • Comment Matrix with Staff Res onse Co C. \temp\XPGrpWise\Public Comm Matrix Format.doc CJ't • • 07/07/2010 Page 11 of 14 Comment Matrix with Staff Response 00 01 Staff Proposed Changes Monument Signs Parking Garages Issue Table 1 of TMC 19.20.020 implies that monument signs may only be located near access points. As written the language could limit the number of freestanding signs a property could have, regardless of whether the property has sufficient frontage. For example if a property has 800 feet of frontage, but only one street entrance it would only be allowed one freestanding sign. The Table also notes that only one freestanding sign is permitted per access point. Under the draft sign code only parking garages on properties subject to the Master Sign Program are eligible for signage. Staff's Comments/Recommendation The City strives to limit the number of access points on city streets to those needed to serve the use. Too many access points can impact vehicular circulation and hinder pedestrian movement. Requiring that an access point be present to install a sign and limiting an access point to one sign could hinder the City's efforts at access management. Additionally, the lack of access points for a large property does not mean that there is not a need for signage on the property. Staff Recommendation: • Remove the access point requirement for freestanding signs. • Remove the limit on the number of signs permitted per access point. Through the update process we had discussed the idea of rewarding certain types of development, one of which is the construction of parking garages. The BECU site includes a parking garage as does the Group Health property along East Marginal Way. The draft code provides a very generous sign allowance for parking garages; however it only applies to those properties that are eligible for the Master Sign Program. Moving the incentive signage for parking garages out of the Master Sign Program would allow BECU, Group Health or any other parking garage that might be constructed in the City to utilize the sign incentive. These signs could advertise the business or be promotional signage as outlined in the BECU email. Staff Recommendation: • Allow all parking garages in the City to qualify for the parking garage incentive signs allowed in the Master Sign Program C.\temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 12 of 14 • Staff Proposed Changes Issue Staff's Comments /Recommendation Billboards Staff has been working with billboard companies to address 1. The billboard companies want assurances that a digital development issues within the designated receiving areas. The billboard will not eventually be obscured by street trees following issues have come up: after the billboard has been installed. These billboards require a significant investment and it's important that 1. Pruning of street trees; they protect the ability to generate a return on their investment. Staff Recommendation: Staff would like to insert language to address this issue. Ideally billboards should be placed where they will not conflict with street trees, but if a conflict cannot be avoided, staff proposes allowing for pruning of street trees. 2. Rate of Change for digital display. 2. The rate of change proposed in the code for digital billboards was 1 minute. An applicant could petition the City to allow a smaller rate of change time but in no case shall the rate of change exceed 6 seconds. Staff Recommendation: Staff is now proposing to tie the rate of change to the 8 second Washington State Department of Transportation standard. If WSDOT updates their standard our allowed rate of change would also change. 3. Size of Billboards and public messages. 3. The draft sign code permits a size increase for billboards if message area is provided to the City for civic communication. Additionally, digital billboards must be available for emergency alert messages, such as Amber Alerts. The draft code notes that the billboard company and the Director of DCD will work out the terms of the City use for the billboards. Staff would like to insert a specific timeframe for the billboard • Comment Matrix with Staff Response co C. \temp\XPGrpWise\Public Comm Matrix Format.doc v • • 07/07/2010 Page 13 of 14 Staff Proposed Changes Issue Staffs Comments/Recommendation usage. Staff Recommendation: In addition to any emergency messages a billboard company must provide the City a minimum of 28 days for City use. The City shall coordinate a yearly schedule with the billboard company for usage of any billboard(s). Specific administrative rules will still be created by the DCD Director. Comment Matrix with Staff Resuonse C.\temp\XPGrpWise\Public Comm Matrix Format.doc 07/07/2010 Page 14 of 14 • • • • Grand Monument Signs • The following table compares several items within the draft sign code to the sign codes of Federal Way, Fife, Renton, Seatac, and Seattle. • Draft Sign Code (Non - Residential) Federal Way (Commercial) Fife (Commercial and Industrial Zones) Renton Seatac (Commercial/Office/Ind ustrial Zones) Seattle (Neighborhood and Commercial and Commercial Zones) Are they allowed? Yes, sites over 15 acres with at least 200,000 square feet of building face are ehgible under the Master Sign Plan. Yes, within certam zones. Must have a minimum of 250 feet of street frontage, multi- use complex and have an area of at least 15 acres or more. Not specifically called out, similar signs allowed but permitted as freestanding signs Not specifically called out, similar signs allowed but permitted as freestanding signs. Not specifically called out. Not specifically listed, height increase is allowed for some freestanding signs that are within 100 feet of State Route. Style Must have a design that is consistent with the design of the buildings' on the site. Single pole signs are not allowed. Monument or pole signs are allowed. Pole signs must use more than one pole. Other types of sign styles are listed. Height No taller than the building, with no max ceiling. Pylon or pole sign, 25 feet tall; Pedestal or monument, 12 feet Area of Sign Message area limited to 100 square feet per side, 200 square feet for all sides. No linut on sign structure size. 200 square feet per face, 400 square feet for all faces. Sign structure area is included in the area formula provided. Number of Grand Monument Signs 2 outright 1 outright, provisions for additional signage based on aggregate of frontage provided. • Grand Monument Signs • The following table compares several items within the draft sign code to the sign codes of Federal Way, Fife, Renton, Seatac, and Seattle. • Freestanding Signs in Commercial/Industrial Zones • • • Draft Sign Code (Non- Residential) Federal Way (Commercial) Fife (Commercial and Industrial Zones) Renton Seatac (Commercia1Office/ind ustrial Zones) Seattle (Neighborhood and Commercial and Commercial Zones) Are they allowed? Yes. Yes Yes Yes Yes Yes Style? Monument Only Pedestal or Monument Only. Not Restricted Not Restricted. Freestanding and Monument Signs are permitted. Design Standards for both provided. Not Restricted Height 6 -8 feet dependmg on amount of street frontage. Between 5 and 12 feet Exact height is a ratio of street frontage. 30 feet for freestanding sign, multi tenant directory allowed to be 12 feet in height. Various, based on the development style and based on the amount of linear frontage. 15 feet. 30 feet, up to 40 feet if within 100 feet of a State Route. Area of Sign Message area ranges from 36 -72 per face square feet depending on street frontage. Total sign area including structure ranges from 54 -96 per face square feet depending on frontage. 25- 64 square feet for total sign area. Exact area is a ration of street frontage. Based on linear frontage, cannot exceed a max of 150 square feet (unclear if this is per face or total) Various, based on the development style and based on the amount of linear frontage. Ranges from 150 square feet per face to 400 square feet per face. Eighty five feet of total sign area. Based on amount of frontage along right of way, minimum of 36 square feet up to a maximum of 300 square feet. Number of Signs At least 1, one additional allowed for every 400 feet of frontage. No cap, no access point requirement. Provisions for corner properties provided. No spacing 1 for each street frontage. Additional allowed for each 300 feet of frontage, if automobile access is provided. Maximum per property of 3. Must be spaced out at least 200 1 freestanding sign, plus one multi -tenant directory. Additional freestanding sign allowed for comer properties or are bordered by a 2 street. No freestanding sign One for each street. 1 per site, 1 additional sign allowed for each street frontage, provided each sign is separated by at least 100 feet. 1 sign. 1 additional allowed for each 300 feet of frontage. Freestanding Signs in Commercial/Industrial Zones • • • • requirement. feet from each other shall be within 100 feet of another freestanding sign on the site lot. Freeway Interchange Signs • • Draft Sign Code (Non - Residential) Federal Way (Commercial) Fife (Commercial and Industrial Zones) Renton Seatac (Commercial/Office/Ind ustrial Zones) Seattle (Neighborhood and Commercial and Commercial Zones) Are they allowed? Not allowed, but a Grand Monument Sign could accomplish the goal of visibility from freeways. Yes, only along I -5 Yes, properties with frontage adjacent to a freeway are permitted a freeway interchange sign. Not Specially listed, special sign provisions are provided for businesses within 1000 feet of SR 167 Not specifically called out. Not specifically listed, height increase is allowed for some freestanding signs that are within 100 feet of State Route. Style? Not restricted. Note restncted, but the code allows the applicant to pick either a freestanding or wall sign. Height If below I -5 not more than 25 feet above the elevation of the freeway If the sign is located at an elevation above 1 -5 the sign can be no taller than 20 feet above the average grade Sign height can be increased up to a Not to exceed 40 feet. IKEA provision allows for some large big boxes to have a 115 feet foot tall sign. • requirement. feet from each other shall be within 100 feet of another freestanding sign on the site lot. Freeway Interchange Signs • • • • • maximum of 40 feet above the average finished ground elevation measured at the mid -point of the base in order to be visible above trees or other obstructions. Area of Sign Based on content: 250 square feet (unclear if its per face or total Various between 20 square feet and 300 square feet per face, depending on type of activities. sign area) Number of Freeway 1 1 Signs • • • - - -=`A Tukwila City Council Agenda � - 7 :_;: : � s • /Of - ' � ti � 4 COMMITTEE OF THE WHOLE ❖ t Qi J-i) \ ,,p� l ;;; / ?/ Jim ��_ Steve \ Dennis Haggerton, Mayor Councilmembers: :• Joe Duffie •:• Joan Hernandez Lancaster, City Administrator Allan Ekberg ❖ Verna Seal Robertson, Council President :• Kathy Hougardy :• De'Sean Quinn Monday, July 12, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. A proclamation recognizing the recipient of the 2010 "Treasures of Tukwila" award. b. A proclamation recognizing Parks and Recreation Month. Pg. 1 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. A bond ordinance for Southcenter Parkway construction. Pg.3 b. Budget issues: Pg.43 (1) Options for decreasing expenditures and increasing revenue to the City to include but not limited to revenue generating regulatory license fee implementation, utility tax changes, business license fee changes, and permitting fee changes. Discussion shall include consideration of the amount and timing of implementation of any new fees or changes to existing fees and /or taxes. (Discussion in public meeting format.) (2) Forward ordinances regarding revenue generating regulatory license, utility tax changes, business license fee changes to the next Regular Meeting. c. An amendment to the Doak settlement agreement. Pg.69 d. An ordinance updating and expanding the Sign Code. Pg.101 > Please bring your 6/28/10 C.O. W. packet and Sign Code binder. < e. An ordinance adopting the State Building Code. Pg.123 f. A resolution establishing a Seattle Southside Visitors Center Change Fund. Pg.137 5. REPORTS • a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206 - 433- 1800/TDD 206 -248- 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one - year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. • • Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers July 12, 2010 — 7:00 P.M. MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Robertson called the Tukwila City Council meeting to order at 7:05 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Dennis Robertson, Council President, Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Verna Seal, De'Sean Quinn. Councilmember Hougardy was not present. CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Joyce Trantina, Executive Secretary; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Rick Still, Parks and Recreation Director; Dave Johnson, Acting Parks and Recreation Deputy Director; Nick Olivas, Fire Chief; Chris Flores, Assistant Fire Chief; David Haynes, Police Chief; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior Planner; Bob Benedicto, Building Official; Mary Hulvey, Code Enforcement Officer; Kathy Stetson, Code Enforcement Officer; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATIONS a. A proclamation recognizing the recipient of the 2010 "Treasure of Tukwila" award. Mayor Haggerton explained the history of the "Treasure of Tukwila Award" and read a proclamation honoring Anna Bernhard as the recipient of the 2010 Treasure of Tukwila award Ms. Bernhard has exemplified the spirit of volunteerism through her selfless service and active involvement in our community. Ms Bernhard was described as the kind of person "you could always count on to help out," and "a good neighbor and friend to all - a true treasure." Mayor Haggerton presented the proclamation honoring Ms. Anna Bernhard as the 2010 "Treasure of Tukwila" to Jim Bernhard, Anna's husband. (Anna was unable to attend due to illness ) Jim Bernhard thanked the Mayor and the Council for honoring his wife with this award. The Councilmembers expressed appreciation for Ms Bernhard's dedication and contributions to the City b. A proclamation recognizing Parks and Recreation Month. Mayor Haggerton read a proclamation recognizing July as Parks and Recreation month in the City of Tukwila. Mayor Haggerton presented the proclamation to Rick Still, Parks and Recreation Director CITIZEN COMMENTS Nicholas Lee, 2800 Southcenter Mall, indicated a "soft" Grand Opening of Seafood City will be held on July 16, 2010, and a Grand Opening event will take place on July 22, 2010. Mr. Lee invited everyone to attend these events at the new Seafood City store at the Southcenter Mall. Sunny Mulholland, 13731 44th Avenue South, explained she and her husband are new to Tukwila. She recently had an issue with the removal of a tree in a sensitive area located next to her home. She spoke with Councilmember Hernandez and was directed to contact staff in the Community Development Department. Ms. Mulholland explained staff was very attentive and responded to her request Tukwila City Council Committee of the Whole Minutes July 12, 2010 Page 2 of 6 expeditiously. She thanked the staff and Councilmember Hernandez for their time and assistance with the tree issue. Dave Fenton, 14201 42 Avenue South, expressed appreciation for Ms. Anna Bernhard and everything she has accomplished in the past 34 years. Council President Robertson requested the Council amend the agenda to include the discussion regarding the ballot measure timeline relating to the Tukwila Pool COUNCIL CONSENSUS EXISTED TO AMEND THE AGENDA TO ADD THE BALLOT MEASURE TIMELINE FOR THE TUKWILA POOL AS SPECIAL ISSUES ITEM 4.B.3. SPECIAL ISSUES a. A bond ordinance for Southcenter Parkway Construction. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meetings on June 8, 2010 and July 7, 2010. The committee members were unanimous in recommending approval. The Council is being asked to approve an ordinance authorizing issuance of General Obligation bonds for the construction of Southcenter Parkway in the Tukwila South development area, as well as the purchase of capital and other equipment for emergency preparedness and response. Shawn Hunstock, Finance Director, stated that Lindsay Sovde from Seattle Northwest Securities was present, as well as Hugh Spitzer from Foster Pepper, the City's bond counsel. Ms. Sovde spoke regarding the bond ordinance and explained the City has gone through an extensive bond rating. She further noted that Moody's has affirmed the City's AAA -1 credit rating, due to the lower than usual assessed value decline. Moody's further appreciates that the City of Tukwila has very manageable debt levels. The Councilmembers exchanged comments and asked clarifying questions of staff on the above topic. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Budget issues: Council President Robertson provided an overview regarding the budget issues impacting the City. 7:59 p.m. Council President Robertson called for public comments. Brian Kennedy, 12802 37 Avenue South, explained he has been on the Arts Commission for several years and stressed the importance of the programs they support. He encouraged the Council to continue the Tukwila Days events and not limit the spending relating to arts within the City Anthony Murrietta, 14675 Interurban Avenue South, explained he is the Business Manager for Teamsters Local 763, which represents 156 Tukwila employees He provided the Council with an information packet detailing the past communications between the City and the Teamsters that included: • May 27, 2010 - A letter to the Teamsters from Cabot Dow regarding a proposal to re -open labor contracts • June 17, 2010 — A letter to Stephanie Brown from the Teamsters regarding the proposed cuts to Teamster Bargaining Units • June 21, 2010 Informational Memorandum to the Tukwila City Council from Steve Lancaster, City Administrator • June 25, 2010 - A letter to the Teamsters from Stephanie Brown, Human Resources Director, regarding the proposed cuts and employee concessions and a meeting schedule • • Tukwila City Council Committee of the Whole Minutes July 12, 2010 Page 3 of 6 • June 29, 2010 — A letter to Steve Lancaster, City Administrator, from the Teamsters regarding a public information request • July 7, 2010 — A letter to the Teamsters from Christy O'Flaherty, City Clerk, regarding the anticipated availability date of records in response to the public records request • Spreadsheet detailing a comparison of the City's healthcare costs associated with the Association of Washington Cities (AWC) options • An email with information pertaining to Public Employee Benefit Board (PEBB) plan rates • Summary of a comparison of the AWC health plan and Washington Teamsters Welfare Trust Medical Plan -A Mr. Murrietta explained the union has been informed the employees are to absorb 15% of the healthcare costs, and the City is not interested in changing healthcare plans as the City takes pride in its Self- Insured Healthcare Plan. He explained that during labor negotiations in 2007, the Teamsters informed the City's negotiation team that they would incur financial difficulties if they continued with the current healthcare plan Mr. Murrietta requested someone be present at the July 15, 2010 . meeting who would be able to explain to the employees why the City is not willing to review other healthcare options that could save the City approximately $800,000.00 annually. The request from City Administration for the Teamster members to concede $1.4 million in reductions is disturbing, because not all of the Teamster members are General Fund employees. He feels staff furloughs would provide the City the necessary time needed to review all healthcare options and not place the cost burden on the employees. He explained the City is expending funds that would be equal to employee salaries while proposing staffing cuts. This plan is difficult for the union to support, and he feels the Teamster members are being unfairly targeted. Ellen Gengler, 13727 Macadam Road South, explained she has been a Tukwila Pool member for a long time, and she was confused by the inclusion of overhead in the Parks and Recreation presentation on July 6, 2010. She feels that "overhead" is a part of operations, and those costs should not be included when the City establishes pricing for programs offered at the Tukwila Community Center. She feels that everyone working or living in the City should be allowed to pay a "resident" rate for use of any facility She urged the Council to review all the costs associated with the programs and provide the public more information and creative ways to address the budget issues Mark Segale, P.O. Box 88028, expressed his concerns relating to the proposed Revenue Generating Regulatory License He explained Tukwila is unique in that the major portion of the City's revenue is sales tax. His concern is the City is trying to balance the budget shortfall by taxing the local businesses. Mr. Segale feels the current business climate is terrible, and several businesses in the area have had to reduce staffing levels to control costs, including Segale Properties. He explained when there is a new tax on a business that operates within a city, every dollar of that increase equals a 15% reduction in their staffing. Mr. Segale explained the Federal Aviation Administration has a facility they are trying to site in the area, with Tukwila as an option. In his view the current rate of impact fees in Tukwila would cost a developer 5 times more to develop the 518,000- square -foot facility in Tukwila than in the City of Renton. He urged the Council to review its policies, reduce costs by reducing staffing levels, and create incentives to attract more businesses to the City rather than taxing the existing ones. Dave Fenton, 14201 42 Avenue South, indicated the multi - family housing industry has been hit twice as hard with the new Residential Rental Business License and Inspection Program and the adoption of the Fire Codes as of July 1, 2010. Mr. Fenton indicated the new Fire Codes required him to spend $5,000.00 to update the smoke alarms in his properties, and he feels the $35.00 inspection fee is unfair. He would like the Council to reconsider the Rental Housing Inspection Program and not lump all the property owners into the same category. Karyn Kuever, 3251 South 176 Street, SeaTac, indicated she is speaking against the Residential Rental Business License and Inspection Program ordinance. Ms. Kuever explained she has lowered her monthly rates by 8 %. However, with the adoption of the new program and the inspection fee of $35 00 per unit, she feels she will have to raise the monthly rates for the tenants. She requested the Council reconsider the implementation of the inspection program. 8:33 p.m. Council President Robertson closed the public comment period. Tukwila City Council Committee of the Whole Minutes July 12, 2010 Page 4 of 6 1. Options for decreasing expenditures and increasing revenue to the City, to include but not limited to business license fee changes, utility tax changes, revenue generating regulatory license fee implementation, and permitting fee changes. Discussion shall include consideration of the amount and timing of implementation of any new fees or changes to existing fees and /or taxes. 2. Forward ordinances regarding business license fee changes, utility tax changes, and revenue generating regulatory license fee implementation to the next Regular Meeting. Shawn Hunstock, Finance Director, indicated at the Council's direction staff has provided three draft ordinances for review and consideration. The Council is being asked to approve the ordinances to 1) adopt a Revenue Generating Regulatory License; 2) extend the sunset provision on a Utility Tax for City operated utilities; and 3) increase Business License Fees He explained the City has modeled the Revenue Generating Regulatory License ordinance after the City of Redmond model The Councilmembers discussed this issue and asked clarifying questions of staff. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 3. Ballot Measure Timeline (per agenda amendment on page 2.) The Council has requested a timeline that identifies essential dates in the process of submitting a ballot measure relative to generating revenue to support the Tukwila City Pool. Council President Robertson explained that a citizen group must spearhead the movement, and he asked for Council consensus relating to the preferred date for a Special Election. After Council discussion, there was consensus for the City to hold a February 2011 Special Election Vanessa Zaputil, 15171 52nd Avenue South, #5, indicated she supports a pool ballot measure, and offered to spearhead the community group. As a City with a waterway, it is very important the City have a way for people to receive the proper water safety training classes that are offered at the pool. She encouraged the Council to resolve this issue as soon as possible. Barbara Bader, 13660 Military Road South, expressed concern regarding the option of funding the Tukwila Pool by a tax initiative. She asked the Council to be cautious when considering taxing the property owners for programs that require additional funding. c. An amendment to the Doak settlement agreement. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 28, 2010. The committee members were unanimous in recommending approval The Council is being asked to authorize the Mayor to enter into an agreement with Doak Homes modifying the terms of a settlement agreement with the City. The following changes are being proposed: 1) The agreement will be extended an additional 36 months; 2) Provisions for waiving permit fees will be removed; and 3) The City will not expedite the review of their construction permits. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An ordinance updating and expanding the Sign Code. Brandon Miles, Senior Planner, explained following the June 28, 2010 public hearing, the Council requested staff address the testimony received. A matrix of substantive comments, including staff's response to the comments, and a comparison of the City's Sign Code with similar cities is included in the packet. Mr. Miles requested the Council provide direction on how to proceed with the draft ordinance at the August 9, 2010 Committee of the Whole meeting. Councilmember Robertson called for public comments on the Sign Code. Tukwila City Council Committee of the Whole Minutes July 12, 2010 Page 5 of 6 Clifford Mihm, 7515 East Portland Avenue, Tacoma, explained he is a member of the Northwest Sign Council. A representative of the Northwest Sign Council submitted comments for the June 28, 2010 public hearing, and he urged the Council to consider those changes Mon Wig, 4811 134 Place SE, Bellevue, explained that retail involves tenants of all sizes and together they create the gravity needed to attract customers to the area. He feels signage for all types of tenants is just as important as signage for larger retailers. He thanked the Council and staff for their work on the Master Sign Program. Nicholas Lee, 2800 Southcenter Mall, explained the retail fabric of Tukwila is sensitive and advertising is a very large part of that fabric. All retailers play a role in the success of the Southcenter area, and Westfield relies on the success of the surrounding retail businesses. Mr. Lee requested the Council consider the previously submitted recommendations relating to the Master Sign Program and the maximum signage area increase to 6% of building face or a maximum of 500 square feet. Westfield would like to opt -into the new Master Sign Program; however, as the proposed Sign Code is written, it would make the newest Westfield sign non - conforming and they would not qualify for the program. Westfield is requesting the Council consider allowing retailers with significant distance from the street the option of having the greater 500 square foot signage area. Robert Schofield, 4212 Hunts Point Road, Hunts Point, explained the staff has provided a new "opt - out" provision as an option, and he thanked the staff for reviewing their concerns and considering them This option will allow his retail stores the adequate signage his tenants need to continue to be profitable. Isaac Duke, 1255 Westlake Avenue North, Seattle, indicated he represents the National Sign Corporation. He explained they provided written comments for the June 28, 2010 public hearing, and he urged the Council to consider those proposed suggestions. They feel the draft code targets smaller retail centers and that a change should be made to the proposed Sign Code allowing for 25 -foot freestanding signs. The Councilmembers discussed this issue and requested staff return to a future Council Meeting with a staff recommendation incorporating Westfield's maximum 500 square feet proposed recommendation COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE AUGUST 9, 2010 COMMITTEE OF THE WHOLE MEETING. e. An ordinance adopting the State Building Code. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 28, 2010. The committee members were unanimous in recommending approval. Bob Benedicto, Building Official, explained the Council is being asked to approve the draft ordinance adopting the 2009 Washington State Building Code with local amendments. The City will need to adopt the current 2009 State Building Code in order to ensure the minimum requirements and building standards in the City are not less than those contained in the State Building Code. The Councilmembers asked clarifying questions of staff on the above topic COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. A resolution establishing a Seattle Southside Visitors' Center (SSVS) Change Fund. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on July 7, 2010. The committee members were unanimous in recommending approval The Council is being asked to authorize the establishment of a change fund for the Seattle Southside Visitors' Center. SSVS plans to begin selling tourism related items such as admission tickets to the public. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes July 12, 2010 Page 6 of 6 REPORTS a. Mayor Mayor Haggerton explained that Scarsella Brothers has received the notice to proceed with construction for the Southcenter Parkway Extension project, and the ground- breaking is scheduled for July 30, 2010. He also reminded the Council of the Seafood City opening on July 16, 2010 b. City Council Councilmember Duffie reminded residents to use 9 -1 -1 during an emergency. There have been several instances within the last few weeks that required emergency service, and it is very important everyone remember to utilize the emergency system Councilmember Hernandez hosted the Council Coffee Chat on June 10, 2010 She provided the Council a list of concerns that came up in the discussions. She also suggested the location be changed to the Friendz Cafe on the next schedule for the Council Coffee Chat. Councilmember Ekberg attended the Tukwila and SeaTac small group meeting on July 8, 2010 Councilmember Seal attended the Tukwila and SeaTac small group meeting on July 8, 2010 c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the Night Out Against Crime event on August 3, 2010. ADJOURNMENT 10:53 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE COMMITTEE OF THE WHOLE ING ADJOURNE ' 1111 4 Avrir , ' ' Dennis Robertson, Council President Melissa Hart, Deputy City Clerk • • • CAS NUMBER: 1 -- D 1 3 ORIGINAL AGENDA DATE: JUNE 28, 2010 AGENDA ITEM TI 1E Review of the Planning Commission Recommended Draft Sign Code M ` VIM 7/12/10 ❑ Motton Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BtdAward Mtg Date I 1 Public Heanng ❑ Other Mtg Date CATEGORY ►1 Discussion Mtg Dah 6/28/10 Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PW ►1 DCD SPONSOR'S SUMMARY In 2007, the City Council identified a piecemeal changes had been made since a Sign Code Advisory Committee to assist Committee has been reviewed by the Recommended Draft Sign Code is ready need to update the City's sign code because only it was adopted in 1982. The City Council formed in rewriting the sign code. The work of the Planning Commission and the Planning Commission for review and consideration by the City Council. ,VIEWED BY ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. 0 COW Mtg. I, CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 6/14/10 CAP, 6/28/10 COW RECOMMENDATIONS: SPONSOR COMMIrIEE /ADMIN. Department of Community Development No Recommendation on adoption, forward to C.O.W for discussion COST IMPACT/ FUND. SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments • N/A MTG. DATE RECORD OF COUNCIL ACTION 06/28/10 • Forward to 7/12/10 Committee of the Whole meeting 7/12/10 MTG. DATE ATTACHMENTS • 06/28/10 Informational Memorandum dated June 22, 2010 Ordinance in draft form ) Sign Code Comparison Matrix Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 Legislative History Index 7/12/10 Informational Memorandum dated 7/2/10, with matrix attachments (Please bring your 6/28/10 C. O. W. packet and Sign Code binders) i n i Meeting Date Prepared by M ` VIM Council revues 06/28/10 BM ) ) (yN�LJR 07/12/10 BM COUNCIL A GENDA SYNOPSIS --------- Inrttalt FO R MATION ITEM No. Li- b. TO: City of Tukwila W \2010 InfoMemos \SignCodeAgain.doc INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Nora Gierloff, Deputy DCD Director DATE: July 2, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code. BACKGROUND At the June 28, 2010 Committee of the Whole Meeting, staff provided an overview of the Planning Commission Recommended Draft Sign Code. After Staffs presentation, the City Council conducted a public hearing and received both written and oral testimony on the Draft Sign Code. Testimony was received from the following individuals: • Mon Wig, Owner of Wig Properties • Pam Carter, Resident • Nicholas Lee, Wesfield, LLC • Bob Schofield, Seattle Retail • Karlyne lwata, Property Owner • Jerome Baruffi, Property Owner Written (both mailed and emailed) comments were also provided from the following individuals /groups: 1. Westfield, LLC, dated June 28, 2010 2. James Adams, BECU dated June 28, 2010 3. Jerome Baruffi, 401 Strander, dated June 25, 2010 4. Letter from NW Sign Council dated June 22, 2010 5. Letter from National Sign Co. dated April 22, 2010 Jim Haggerton, Mayor Following closure of the public hearing, the City Council provided guidance to staff on what information they wanted to help Council with their deliberations. The following documents are provided for the Council's review and to supplement the record that was forwarded to the City Council on June 28, 2010: 1. Matrix of substantive comments, both oral and written, provided to the City Council and staff's response to those comments, including suggested changes where applicable. 2. Matrix comparing selected cities sign regulations to Tukwila's Draft Sign Code and existing Sign Code. 3. Example of Digital Display (to be provided at meeting using overhead) 103 INFORMATIONAL MEMO Page 2 The Council also inquired about the provisions for use of digital displays in residential zones. It was the unanimous consensus of the Sign Code Advisory Committee to allow digital displays, similar to the one found at Foster High School, for institutional uses within residential zones. The Draft Sign Code, under TMC 19.20.030 provides the same standards that were used for the Foster High School Sign. These standards are as follows: One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 90PM. 2. Notice of Understanding. The operator of any dynamic sign installed per this subsection must submit a letter to the Director that states the organization understands and agrees to abide by the above requirements. seconds. DISCUSSION The goal of tonight's meeting is to continue review of the draft sign code and to provide input to staff on any modifications that Council may want to make regarding the Draft Sign Code. After tonight's meeting, staff will work on a final ordinance to reflect any changes desired by the Council and will bring that back to the Committee of the Whole on August 9, 2010 for review. At the June 28, 2010 meeting, Council indicated that they may want to hear from the public during their next review of the Draft Sign Code. Since this is a legislative matter the Council President can choose to allow public input during the deliberation process. While input may be allowed, it will not be a public hearing. RECOMMENDATION Continue to review of the Draft Sign Code and provide input to staff on City Council modifications. Staff will bring a draft ordinance to the Council for consideration at the August 9, 2010 Committee of the Whole meeting. After the August 9, 2010 meeting the Draft Sign Code, at the Council's discretion, could be forward to the August 16, 2010 Regular Meeting for adoption. ATTACHMENTS A. Matrix of substantive comments, both oral and written, provided to the City Council and staffs response to those comments, including suggested changes where applicable. B. Matrix comparing selected cities sign regulations to Tukwila's Draft Sign Code and existing Sign Code. 1 0 4 W12010 InfoMemos\SignCodeAgain.doc • Name and Site Comments Staff's Response Nicholas Lee, of Westfield Southcenter Mall Provided comments regarding two items: 1) Area of Flush Mounted Signage. Adoption of this sign code will not make any existing signs at the Mall non - conforming. The City and Mall have a Development Agreement which addresses a wide vanety of issues, including signage. The development agreement will be valid until 2018 and then the Mall will be subject to the sign regulations in place at that time. The Mall has noted that they may wish to "opt" in to the new sign code earlier but that decision would be purely voluntary by the Mall. Staff's response to the issues raised by Westfield, assuming they wish to opt in: 1) Area of Flush Mounted Signage. The Mall is currently allowed to have wall signs of 6% of the area of the exposed building face, up to a maximum of 500 square feet. All other commercial buildings in the City are limited to 150 sf wall signs. Recommended the following change to the draft code: TMC 19.32.060 Allowable Modifications Under a Master Sign Program. 2. Increase in the area of a flush mounted building sign, allowed per Section 19.20.050.A of up to six percent of the exposed building face, up to a maximum of 250 square feet, except for sites larger than 85 areas where Westfield brought up this comment to the Planning Commission (PC) during the PC's review. The PC asked staff to research the size of existing wall signs at the Mall out of concern that the original language they were considering would have made some existing wall signs at the Mall non- conforming. The PC then adopted language raising the maximum wall sign size allowed under the master sign program to 250 sf, accommodating all existing wall signs. It was both the PC and Staff's understanding that issue of creating non - conforming wall signs at the Mall had been addressed. Since that time the Mall has proposed a 500 sf sign for the future Seafood City store. Properties not eligible for the master sign program are allowed a wall sign size between 3% and 5% of the wall area, up to a maximum of 150 square feet. Only those properties that are eligible for the Master sign program can get 6% up to a maximum of 250 square feet. the maximum shall be 500 square feet. Comment Matrix with Staff Response C \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 1 of 14 Comment Matrix with Staff Response rn Name and Site Comments 2) Maximum Area and Height of Grand Monument Signs Westfield requested that the maximum sign message area be increased up to 500 square feet and maximum height be increased up to 115 feet for Grand Monument Signs. They note that such signage provides needed visibility along I -5 and I- 405. Recommended the following change to the draft Code: 19.32.060 Allowable Modifications Under a Master Sign Program. A. In addition to the above listed modifications, the following addition sign types maybe allowed with BAR approval: 2. Grand Monument Signs, subject to the following standards: a. Sign message area may be increased up to 100 square feet per side, 200 square feet total and limitation on structure size is removed. For sites over 85 acres, the sign message area maybe increased up to 500 square feet per side, 1000 square feet total. Staff's Response Not all tenants at properties eligible for the Master Sign Program are capped at a maximum of 250 square feet. Landmark Tenants (Anchor Tenants under the current code) are given a sign allowance of 6% of the exposed building face up to 500 feet square feet. Staff Recommendation • No Change from Planning Commission Draft 2) Maximum Area and Height of Grand Monument Signs The Sign Code Advisory Committee recommended that tall signs, such as grand monuments, not be permitted under the new code. However, staff developed the grand monument provision and the PC approved it as part of the draft sign code due to a realization that some properties, such as the Mall, needed larger signage. During the PC public hearing Westfield made a request to increase the size and height of grand monument signs to a greater degree than what they are now proposing to the City Council. The sign size proposed by Westfield is larger than any sign allowed under either the current sign code or the draft sign code including billboards. The Master Sign Program removes any limit on the total area of the sign structure, only the message area is limited. By removing the limit on the area of the sign it provides property owners flexibility to design a creative, lively sign that sparks visual interest for people passing by. Sign message area is not needed to accomplish this goal. There is no limit on the height of grand monument signs, provided the signs are not taller than the building they are used to advertise. As was discussed at the last Council meeting, we C.\temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 2of14 • Name and Site Comments Staff's Response b Total height of the sign structure may not exceed the height of the tallest building on the premise, except for are using the sign code to provide incentives for development types such as multi -story buildings. At the last Council meeting reference was made to the sign at Factoria Square in Bellevue. Staff contacted Bellevue and reviewed their sign code for sample language regarding mall signage and/or freeway interchange signs. Factoria Mall and the tall sign located on the property were annexed into the City. The existing sign is considered legally non - conforming. Bellevue requires amortization of such signs, but the sign is located along I -405 so it is subject to the Scenic Vistas Act, which would require compensation for its removal. The City of Bellevue permits face and copy changes to the sign, provided it complies with the City's non - conforming regulations. A brand new sign the size of the one in Factoria would not be permitted in Bellevue. Finally, the Draft Sign Code provides an avenue for gateway signage at the Mall. TMC 19.32.080 allows for a Regional Gateway Sign on a property subject to the Master Sign Program that is adjacent to two interstate highways. The intent of this sign is to attract and welcome visitors to the Southcenter area of the City. This sign could be used to meet Westfield's concerns that motorists on I -405 and I -5 do not see the property. Staff Recommendation sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. • No Change from Planning Commission Draft James Adams for BECU Corporate Office Letter requests different standards for corporate headquarters, defined as large single tenant office campuses with a building square footage over 100,000 square feet. Comment Matrix with Staff Response C. \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 3 of 14 -.Comment Matrix with Staff Response Name and Site Comments Recommended the following changes to the draft code: 1) Building fascia signage. Allow signage on all sides of the building. Allow a maximum of 500 square feet per sign. Signage should be located as high on the building as possible. Signage may be internally or externally illuminated. 2) Pylon Signage If the building only uses 1 or 2 fascia signs it may also have a pylon sign with message on two surfaces. The pylon sign may be up to 20 feet taller than the highest point of the main campus building. The area of the sign would be limited to 200 square feet. 3) Entry ID Signage Since the building's main entry is over 100 feet from the street it should be allowed a sign identifying the name of the business Staff's Response 1) Building fascia (wall) signage. The proposed code does not limit the number of wall signs permitted per business or their placement on the wall. Each side of a building that has a public entrance will qualify for a sign. Signage on walls without entrances can qualify for signs by providing design elements such as architectural detailing and transparency. The draft code allows building mounted signs in commercial zones to be illuminated. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation 2) Pylon (Pole) Signage The Sign Code Advisory Committee and the Planning Commission wanted to de- emphasize tall pylon signs, especially those taller than their associated buildings. Sign visibility for tall buildings can be achieved by placing the sign on the highest portion of the building wall. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation 3) Entry ID Signage; and 4) Driveway Signage Under the draft sign code one freestanding sign is allowed for C \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 4 of 14 • Comment Matrix with Staff Response C.ltemp\XPGrpWise\Public Comm Matrix Format.doc • • Name and Site Jerome Baruffi for 401 Strander professional Comments at the entry. The sign should be pedestrian focused, not higher on the building than 20 feet above grade and be located within 30 feet of the entrance. Area of the sign would be up to 150 square feet. 4) Driveway Signage The property has multiple entrances and each driveway should be allowed one sign. Overall graphic area of such sign should not exceed 75 square feet in size. 5) Promotional Signage Allow temporary signage on the building should be permitted on each side of the building. Signage is allowed to be up for a maximum of 120 days. Signage is limited in size to no more than 50% of the area of the side of the building onto which it is being displayed. The current sign code only permits the property to have one freestanding sign. Since the property has less than 800 feet of linear frontage on a public street it would qualify for only one Staff's Response each 400 linear feet of street frontage. The proposed sign code would allow BECU to have a seven foot tall sign with a message area of 60 square feet per side and a total sign area of 80 feet per side. Additionally, TMC 19.12.030 allows for directional signage that is three feet in height with a message area of two square feet per face. There is no restriction on the message on the directional signage. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 5) Promotional Signage (Temporary Signage) During the review process with the Sign Code Advisory Committee it was clear that they did not want to provide avenues for additional temporary signage. The language in the draft code is largely the same language as the existing sign code. The only difference is that each business can qualify for one special event signage every 24 months. This language replaced the grand opening language found in the existing code. Under a special permit, an applicant could install signs that typically would be prohibited under the sign code because they would be considered "carnival in nature ". Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. Mr. Baruffi's property represents a unique situation. The property borders on Strander Blvd and Andover Park West but has less than 800 feet of linear frontage combined on both 07/07/2010 Page 5 of 14 )Name and Site Comments Staffs Response building monument sign under the draft sign code. Mr. Baruffi requests streets. The site can be accessed from both streets. One of the the ability to install two monument signs. goals of the Sign Code Advisory Committee was to provide more freestanding signage for properties with large frontage and for corner properties. One of the examples that the Committee looked at was the Acura site at Andover Park West and Baker. The Acura property has several access points on both streets, but under the sign code is only permitted one freestanding sign. The Committee provided a fix for the properties similar to the Acura site, but Mr. Baruffi's property would not benefit from those changes. Staff Recommendation: Properties with frontage on two public streets will be permitted two freestanding signs, provided the following criteria are met: 1. The property has at least 200 linear feet of frontage on each street. 2. Each public street provides direct access into the subject property. 3. The size and height of the sign will be based on the linear frontage found in Table 1 of TMC 19.20.020. Northwest Sign The letter is from the Northwest Sign Council which is the Council, Not Site trade association representing the on- premise sign industry in Specific the Pacific Northwest. The letter requested three modifications to the draft sign code: 1) Height of Monument Signs 1) Height of Monument Signs Request that the maximum height permitted for monument The proposed sign code will increase the number of signs be increased, referenced concerns with safety. freestanding signs permitted per a premise; however the Comment Matrix with Staff Response C. \temp\XPGrpWise\Public Comm Matrix Formatdoc • • 07/07/2010 Page 6 of 14 • Name and Site Comments Staff's Response tradeoff for this increase is that signs be smaller and lower to the ground than pole signs. The idea with reducing the height of freestanding signs was two fold: a. Pole signs conflict with street trees and on -site perimeter landscaping. Both the Sign Code Advisory Committee and the Planning Commission reviewed photos and videos that showed this conflict. Monument signs allowed for visibility even when the sign was surrounded by trees. b. Visibility can still be achieved with building mounted signs. The wide range of signs allowed on buildings can provide visibility needed for businesses. Finally, properties that are eligible for the Master Sign Program can install a sign with a height up to the height of the building. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 2) Non - conforming Signs. 2) Non - conforming Signs Requested that a uniform date for the start of the grace period The proposed language allows each property to amortize the be established in lieu of using the date of the last legal face value of the sign before having to remove the sign. As outlined change. in the code, compliance with the code is only required if there is a proposed modification to the sign, such as a face change or copy change. When the ten year grace period has expired, the sign can remain with limitations. Adoption of the sign code will not require immediate removal of signs. A uniform compliance date would be easier for staff to administer, however, the trade -off is that it would delay the gradual removal of signs that do not comply with the sign code. Comment Matrix with Staff Response C. \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 7 of 14 - Comment Matrix with Staff Response rv Name and Site Letter and Testimony from Robert Schofield, Various Properties in Southcenter Area Comments 3) Freeway Interchange Signs Allow for freeway interchange signs with Council approval by development agreement outside of the Regional Gateway area. The letter also references some minor edits to the sign code that address technical issues such as lighting and brightness. These suggested comments are minor and staff does intend on inserting them in the code. Referenced concern with the monument only provision for freestanding signs. Noted that it would be harder to see signs from a moving vehicle if they were placed lower to the ground. Indicated that businesses located at the rear of properties needed freestanding signage for visibility. Proposed creating a sign district from Strander Blvd to S. 188 Street which would allow pylon signs to continue to be used. Staff's Response Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 3) Freeway Interchange Signs The Sign Code Advisory Committee expressed concern with continuing to allow tall signs in the City. As envisioned, the Regional Gateway sign is not intended as a sign for an individual business or businesses, but a sign that markets an entire area. Finally, the language suggested in the letter from Northwest Sign Council does not need to be in the Code. The City Council always has the right to entertain Development Agreements and language to that effect does not need to be in the Code. Staff Recommendation • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. The proposed sign code will reduce the freestanding sign area and height for Mr. Schofield's properties. The total number of freestanding signs allowed for many properties has been expanded, however Mr. Schofield's properties don't have the frontage length to use that provision. The proposed code does allow for additional building mounted signs, such as projecting signs, which could provide increased visibility. If the Council does want to consider allowing pole signs along C.'.temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 8 of 14 • Name and Site Comments Staff's Response Southcenter Pkwy, then the number of freestanding signs permitted under the new sign code should be reduced. The idea of allowing more freestanding signs for some properties was balanced with the lower profile of the signs. Allowing additional pole signs beyond what is permitted under the existing sign code should not be permitted. An "opt out" provision could be used to address Mr. Schofield's properties. Under an "opt out" provision properties along Southcenter Pkwy could choose to stay under many of the provisions of the existing sign code. This would allow Mr.. Schofield to still utilize freestanding signs, but would also limit his properties from taking advantage of additional sign options and flexibility under the draft code, including the removal of the cap on business signage, ability to utilize a variety of building mounted signs, and flexibility on special event signage. Staff Recommendation: • No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. Other Option: An "opt out" provision could be included in the sign code to allow existing businesses to keep pole signs. The opt out provision should only apply to properties fronting along Southcenter Pkwy between Strander Bvld and S. 180 St (not S. 188th St). Presentation from Discusses family history in Southcenter Area of the City. No No response needed. Karlyne Iwata, specific suggestions for sign code. Properties on Southcenter Py Comment Matnx with Staff Response w C.ltemp\XPGrpWise\Public Comm Matnx Format.doc • • 07/07/2010 Page 9 of 14 .Name and Site Comments Staff's Response Letter from Letter commented on several items: National Sign Company, dated 1. Definition of abandoned sign needs to be re- edited. 1. The definition provided by the Planning Commission April 22, 2010, not site specific meets the needs of the City. Many cities use a percentage of value to determine if a sign has been abandoned. Using valuation is cumbersome and 2. Directional sign should be increased to 6 square feet per difficult to work with. face. 2. The area provided is the same as the current sign code. An applicant can always use one of their permitted freestanding signs as a directional sign, provided it complies with applicable size limitations. The sign code only regulates those signs that are "discernable" from the ROW, adjacent properties or off -site businesses and thus there is no size limit on any signs, including directional, which are not regulated by the 3. Sign permit applications should be completed and sign code. approved within 14 days of submittal and in no case 3. The processing time limits are the same as in the shall it take more than 60 days to approve. current sign code and are consistent with the time limitations found in the Zoning Code. Sign permits are issued on average 5 days after application. The code has to provide a time limit and staff wants to keep the time limit consistent with the zoning and 4. Signs should be valid for 1 year from approval date with building codes. ability to extend 180 days. 4. The limits provided in the draft code are identical to 5. Any contractor operation within the City without a the building code. business license shall be required to pay a penalty of 5. The fine amount of $1000 ensures that sign contractors $250 and contractors should not have to sign an will not benefit from performing illegal work within affidavit that they have read the City sign code. the City. 6. Height of freestanding signs should be increased to 25 feet and an area to 150 square feet per face outright. A 6. Using the Master Sign Program an applicant can have maximum height of 50 feet and an area of 300 square two grand monument signs that are no taller than the feet per face should be allowed under the approval of building. In some cases, such as the Mall, the height the BAR. Monument signs can be up to a maximum of of the sign will exceed the 50 feet proposed by 100 square feet per side and 12 feet in height. National Sign Code. The message area for Grand Comment Matrix with Staff Response C : \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 10 of 14 • Name and Site Comments Staff's Response Monument Signs is 100 square feet per face, which is the same maximum for freestanding signs found in the current code. There is no limit on the area of the sign structure. The sign area recommended by National Sign Company exceeds the area limits of the current 7. Number of freestanding signs should be one sign per sign code. 300 feet of frontage with a 2 °a sign allowed for 7. The draft sign code provides more freestanding signs properties over 300 feet of frontage on a corner than the current sign code. Staff is also proposing that property. modifications be made to address corner properties, see staff comments regarding Mr. Baruffi's letter dated 8. Area of wall signs shall be up to 10 percent of the June 25, 2010. building elevation. 8. The area limits under the draft sign code are substantially the same as the current sign code. No entities under the current sign code are permitted a sign area of more than 6 percent. Staff Recommendation • No Change from Planning Commission Draft Testimony of Ms. Carter provided testimony regarding the lack of signage at As part of the update process the Sign Code Advisory Pam Carter the Light Rail Station on Southcenter Blvd. Under our current Committee realized that properties that have a significant regarding sign code the Station only qualifies for one freestanding sign. street frontage length and corner properties needed Essential Public additional signage. Under the draft sign code the Light Rail Facilities Station would qualify for two monument signs. Additional flexibility could be achieved if essential public facilities, such as the Light Rail Station, were eligible for the Master Sign Program. Staff Recommendation: • Staff proposes that essential public facilities be allowed to utilize the Master Sign Program. • Comment Matrix with Staff Response C. \temp\XPGrpWise\Public Comm Matrix Format.doc cn • • 07/07/2010 Page 11 of 14 Staff Proposed Issue Staff's Comments/Recommendation Changes Monument Signs Table 1 of TMC 19.20.020 implies that monument signs may The City strives to limit the number of access points on city only be located near access points. As written the language streets to those needed to serve the use. Too many access could limit the number of freestanding signs a property could points can impact vehicular circulation and hinder pedestrian have, regardless of whether the property has sufficient frontage. movement. Requiring that an access point be present to install For example if a property has 800 feet of frontage, but only one a sign and limiting an access point to one sign could hinder the street entrance it would only be allowed one freestanding sign. City's efforts at access management. Additionally, the lack of access points for a large property does not mean that there is The Table also notes that only one freestanding sign is permitted per access point. not a need for signage on the property. Staff Recommendation: • Remove the access point requirement for freestanding signs. • Remove the limit on the number of signs permitted per access point. Parking Garages Under the draft sign code only parking garages on properties Through the update process we had discussed the idea of subject to the Master Sign Program are eligible for signage. rewarding certain types of development, one of which is the construction of parking garages. The BECU site includes a parking garage as does the Group Health property along East Marginal Way. The draft code provides a very generous sign allowance for parking garages; however it only applies to those properties that are eligible for the Master Sign Program. Moving the incentive signage for parking garages out of the Master Sign Program would allow BECU, Group Health or any other parking garage that might be constructed in the City to utilize the sign incentive. These signs could advertise the business or be promotional signage as outlined in the BECU email. Staff Recommendation: • Allow all parking garages in the City to qualify for the parking garage incentive signs allowed in the Master Sign Program Comment Matrix with Staff Response C \temp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 12of14 • Staff Proposed Changes Issue Staffs Comments /Recommendation Billboards Staff has been working with billboard companies to address 1. The billboard companies want assurances that a digital development issues within the designated receiving areas. The billboard will not eventually be obscured by street trees following issues have come up: after the billboard has been installed. These billboards require a significant investment and it's important that 1. Pruning of street trees; they protect the ability to generate a return on their investment. Staff Recommendation: Staff would like to insert language to address this issue. Ideally billboards should be placed where they will not conflict with street trees, but if a conflict cannot be avoided, staff proposes allowing for pruning of street trees. 2. Rate of Change for digital display. 2. The rate of change proposed in the code for digital billboards was 1 minute. An applicant could petition the City to allow a smaller rate of change time but in no case shall the rate of change exceed 6 seconds. Staff Recommendation: Staff is now proposing to tie the rate of change to the 8 second Washington State Department of Transportation standard. If WSDOT updates their standard our allowed rate of change would also change. 3. Size of Billboards and public messages. 3. The draft sign code permits a size increase for billboards if message area is provided to the City for civic communication. Additionally, digital billboards must be available for emergency alert messages, such as Amber Alerts. The draft code notes that the billboard company and the Director of DCD will work out the terms of the City use for the billboards. Staff would like to insert a specific timeframe for the billboard Comment Matrix with Staff Response C.ltemp\XPGrpWise\Public Comm Matrix Format.doc • • 07/07/2010 Page 13 of 14 Staff Proposed Changes Issue Staff's Comments/Recommendation usage. Staff Recommendation: In addition to any emergency messages a billboard company must provide the City a minimum of 28 days for City use. The City shall coordinate a yearly schedule with the billboard company for usage of any billboard(s). Specific administrative rules will still be created by the DCD Director. Comment Matrix with Staff Response a C. \temp\ PGrpWise\Public Comm Matrix Format.doc 07/07/2010 Page 14 of 14 • • • • The following table compares several items within the draft sign code to the sign codes of Federal Way, Fife, Renton, Seatac, and Seattle. Grand Monument Signs • • Draft Sign Code (Non - Residential) Federal Way (Commercial) Fife (Commercial and Industrial Zones) Renton S eatac (Commercial/Office /Ind ustrial Zones) Seattle (Neighborhood and Commercial and Commercial Zones) Are they allowed? Yes, sites over 15 acres with at least 200,000 square feet of building face are eligible under the Master Sign Plan. Yes, within certain zones. Must have a minimum of 250 feet of street frontage, multi- use complex and have an area of at least 15 acres or more. Not specifically called out, similar signs allowed but permitted as freestanding signs Not specifically called out, similar signs allowed but permitted as freestanding signs. Not specifically called out. Not specifically listed, height increase is allowed for some freestanding signs that are within 100 feet of State Route. Style Must have a design that is consistent with the design of the buildings' on the site. Single pole signs are not allowed. Monument or pole signs are allowed. Pole signs must use more than one pole. Other types of sign styles are listed. Height No taller than the building, with no max ceiling. Pylon or pole sign, 25 feet tall; Pedestal or monument, 12 feet Area of Sign Message area limited to 100 square feet per side, 200 square feet for all sides. No limit on sign structure size. 200 square feet per face, 400 square feet for all faces. Sign structure area is included in the area formula provided. Number of Grand Monument Signs 2 outright 1 outright, provisions for additional signage based on aggregate of frontage provided. • The following table compares several items within the draft sign code to the sign codes of Federal Way, Fife, Renton, Seatac, and Seattle. Grand Monument Signs • • Freestanding Signs in Commercial/Industrial Zones • • • Draft Sign Code (Non- Residential) Federal Way (Commercial) Fife (Commercial and Industrial Zones) Renton Seatac (Commercial/Office/Ind ustrial Zones) Seattle (Neighborhood and Commercial and Commercial Zones) Are they allowed? Yes. Yes Yes Yes Yes Yes Style? Monument Only Pedestal or Monument Only. Not Restricted Not Restricted. Freestanding and Monument Signs are permitted. Design Standards for both provided. Not Restricted Height 6 -8 feet depending on amount of street frontage. Between 5 and 12 feet. Exact height is a ratio of street frontage. 30 feet for freestanding sign; multi tenant directory allowed to be 12 feet in height. Various, based on the development style and based on the amount of linear frontage. 15 feet. 30 feet, up to 40 feet if witlun 100 feet of a State Route. Area of Sign Message area ranges from 36 -72 per face square feet depending on street frontage. Total sign area including structure ranges from 54-96 per face square feet depending on frontage. 25- 64 square feet for total sign area. Exact area is a ration of street frontage. Based on linear frontage, cannot exceed a max of 150 square feet (unclear if this is per face or total) Various, based on the development style and based on the amount of linear frontage. Ranges from 150 square feet per face to 400 square feet per face. Eighty five feet of total sign area. Based on amount of frontage along right of way, minimum of 36 square feet up to a maximum of 300 square feet. Number of Signs At least 1, one additional allowed for every 400 feet of frontage. No cap, no access point requirement. Provisions for corner properties provided. No spacing 1 for each street frontage. Additional allowed for each 300 feet of frontage, if automobile access is provided. Maximum per property of 3. Must be spaced out at least 200 1 freestanding sign, plus one multi -tenant directory. Additional freestanding sign allowed for corner properties or are bordered by a 2 street. No freestanding sign One for each street. 1 per site, 1 additional sign allowed for each street frontage, provided each sign is separated by at least 100 feet. 1 sign. 1 additional allowed for each 300 feet of frontage. Freestanding Signs in Commercial/Industrial Zones • • • • Freeway Interchange Signs • requirement. feet from each other shall be within 100 feet of another freestanding sign on the site lot. • Draft Sign Code (Non - Residential) Federal Way (Commercial) Fife (Commercial and Industrial Zones) Renton Seatac (Commercial/Office/Ind ustrial Zones) Seattle (Neighborhood and Commercial and Commercial Zones) Are they allowed? Not allowed, but a Grand Monument Sign could accomplish the goal of visibility from freeways. Yes, only along I -5 Yes, properties with frontage adjacent to a freeway are permitted a freeway interchange sign. Not Specially listed, special sign provisions are provided for businesses within 1000 feet of SR 167 Not specifically called out. Not specifically listed, height increase is allowed for some freestanding signs that are within 100 feet of State Route. Style? Not restricted. Note restncted, but the code allows the applicant to pick either a freestanding or wall sign. Height If below I -5 not more than 25 feet above the elevation of the freeway If the sign is located at an elevation above I -5 the sign can be no taller than 20 feet above the average grade Sign height can be increased up to a Not to exceed 40 feet. IKEA provision allows for some large big boxes to have a 115 feet foot tall sign. • Freeway Interchange Signs • requirement. feet from each other shall be within 100 feet of another freestanding sign on the site lot. • • • • maximum of 40 feet above the average finished ground elevation measured at the mid -point of the base in order to be visible above trees or other obstructions. Area of Sign Based on content: 250 square feet (unclear if its per face or total Various between 20 square feet and 300 square feet per face, depending on type of activities. sign area) Number of Freeway 1 1 Signs • • • Tukwila City Council Agenda z 4 COMMITTEE OF THE WHOLE • V LA w 4-� (o 0 ` _ � ,i Jim Haggerton, Mayor Councilmembers: Joe Duffie •:• Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg � tl' �• g •• Verna Seal Dennis Robertson, Council President :• Kathy Hougardy •:• De'Sean Quinn ',.:1,g906_> Monday, June 28, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC HEARINGS Sign Code update ordinance. pg,1 4. SPECIAL ISSUES a. Two resolutions for surplus fire equipment. Pg.45 b. Sign Code update ordinance (Please bring your binders). Pg.1 c. Comprehensive Plan amendments (public meeting format). Pg.55 d. Noise regulations: Pg.115 (1) An ordinance updating regulations relating to noise as codified at Tukwila Pg.119 Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement, and repealing Ordinance No. 2002. (2) An ordinance amending the Zoning Code to reflect changes based on new Pg.129 noise regulations. e. Review planned revenue enhancements: Revenue Generating Regulatory License Pg.143 (RGRL), utility tax and business licenses, as well as potential "voter approved" revenue enhancements. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7., EXECUTIVE SESSION 8. ADJOURNMENT 11 Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206- 248 - 2933). This notice is available at w ww.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one - year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION • At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without! further public testimony. Council action may be taken at this time or postponed to another date. Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers June 28, 2010 — 7:00 P.M. MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Robertson called the Tukwila City Council meeting to order at 7 p m and led the audience in the Pledge of Allegiance. OFFICIALS Present were Dennis Robertson, Council President, Councilmembers Joe Duffle, Joan Hernandez, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Nick Olivas, Fire Chief; Don Lincoln, Assistant Police Chief; Frank Iriarte, Public Works Deputy Director; Gail Labanara, Public Works Analyst; Jack Pace, Community Development Director; Nora Gierloff, Deputy Community Development Director; Brandon Miles, Senior Planner; Rebecca Fox, Senior Planner; Stacy MacGregor, Community Development Assistant Planner; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Vanessa Zaputil, 15171 52 Avenue South, #5, thanked the members of the Council for attending the Sound Transit Community meeting on June 24, 2010. PUBLIC HEARING Sign Code update ordinance. Brandon Miles, Senior Planner, explained the Planning Commission has prepared a draft Sign Code. Goals for the meeting included City Council's review of those ordinances, public comment, and then discussion of the best Council process for adoption. The Sign Codes help level the playing field for different property owners Mr Miles explained the existing Sign Code was written in 1982 and Tukwila has changed significantly since that time, particularly in terms of demographics among different neighborhoods, for instance with a shift from industrial business to retail shops and mixed use. Mixed use, in particular, created unique signage issues along Tukwila International Boulevard. The Council and the Mayor's office sought public involvement in the Sign Code review process, including a Sign Code Advisory Committee that included Councilmembers, Planning Commission members, residents, and business representatives Their task was to focus on the general issues, such as Tukwila's future appearance in relation to signage. Four items came out of that advisory committee process: 1) Signs should contribute to, and be consistent with, the urban environment 2) Additional signs should be permitted for large properties 3) Reward certain types of buildings that comply with certain development standards 4) Code flexibility Mr Miles provided a comparison between the existing Sign Code and the proposed revisions: 1) Both the existing and draft Sign Codes only regulate those signs that are discernable from the public right -of -way. 2) The draft code remained content neutral. 3) The draft code has no specific limit on the number of signs per business, in contrast to existing limits. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 2 of 9 4) The draft code moved to monument only for freestanding signs, which is a large change from existing code. 5) The draft code expands the number of building- mounted signs allowed throughout the City. 6) The draft code continued to allow building- mounted signs but would also allow a. Awning mounted signs b. Projecting signs c Corner projecting signs d Canopy edge signs e. Under - awning canopy signs f Canopy side signs g. Permanent window signs 7) The draft code is flexible depending on the type of building or development. An example would be a building that allows for some transparency would qualify for additional building- mounted signs. 8) Construction of a parking garage qualifies that development for additional signage 9) The number of freestanding signs has increased, but with a concurrent reduction in height. Pole signs are no longer permitted. Monument signs are still allowed and setback requirements would not be as strict as under the current code. 10) A Master Sign Program was developed for large properties and retail complexes. This program would allow for case -by -case customization of the sign budget based on the property's unique conditions. That customization would be accommodated either administratively or via the Planning Commission. Examples include. Southcenter, Best Buy, Target, and the Wig Development. 11) No change in residential zones. 12) Dynamic displays would be allowed to a limited degree for projecting signs, small mechanical displays and flashing lights. However, TV images would not be allowed. Digital reader boards would be allowed in residential zones for institutional uses, similar to what is currently allowed for Foster High School. 13) Temporary Sign Code regulations remained largely unchanged. 14) Special events signage had minor changes. Every business would be allowed one special event every 24 months, versus the current code, which restricts special signage to grand openings 15) Billboards: the Advisory Committee and Planning Commission looked at the use of a few billboard receiving areas around the City. The idea would be to incentivize billboard placement such that billboards would go up in those areas and come down where they are not as desirable. 16) Freeway interchange signs would no longer be permitted under the new code. However, those properties that qualify for the Master Sign Program could put in grand monument signs no taller than the building. 17) Non - conforming regulations: The Advisory Committee and Planning Commission worked to minimize the number of signs that would be rendered non - conforming under the changes The City will have two distinct tracks for non - conforming signs: a. All signs currently in compliance with the existing codes will be given a 10 -year grace period. At the end of the 10 -year period, the signs can still stay up until the next face change. b. Signs that do not already comply with the current Sign Code would have to be removed the next time the property owners do a face change, just as already dictated under the current code. 18) Abandoned signs will be handled under the new code, in contrast to very little coverage under existing code. 7:21 p.m. Council President Robertson opened the Public Hearing and called for public comments. Robert Schofield, 4212 Hunts Point Road, Bellevue, explained that he owns six small shopping centers in Tukwila. He felt the Advisory Committee and Planning Commission did not address those sections of the code that impact small businesses such as his. The lack of consideration has a severe negative impact on small businesses and shopping centers. Small businesses are the single greatest source for new jobs in the United States, and they rely on big stores to create the marketplace to bring in customers. They do not have the money to pay for much advertising. When potential customers are in the neighborhood, the only way those businesses can advertise their presence is via signage There are • • • Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 3 of 9 approximately 70 small businesses. on Southcenter Parkway, which is a tremendous tax base. He has designed his shopping centers over the years in good faith with the existing Sign Code He tried to maximize the size and number of buildings on each lot, to maximize sales and tax dollars for the City. Yet this new Sign Code would mean severe reductions in his frontage signage, which is so important to his businesses. For instance, those businesses located on the backside of buildings do not have any direct visual exposure to passersby. The only way people know they are there is via signage. The new code would reduce his on- fascia sign area by 52 %. The new code will mean he will have to drop his sign height from 20 feet to 6 feet, and the bottom 2 feet are not even visible because of landscaping. That will result in some businesses failing, and his centers will go downhill like Center Place and other hard -to -fill properties. He expects he will lose a full 50% of the value of his shopping center thanks to spaces that cannot stay in business, because they could not have adequate signage. Small businesses will locate elsewhere, and the City will lose volume. Both the property owners and the City will suffer. He asked that the City consider creation of a corridor along Southcenter Parkway, with special signage needs for small businesses like his Karlyne lwata, 10710 66 Avenue South, Seattle, owns approximately 1,300 sq ft. of frontage along Southcenter Parkway. The three shopping centers on that property are comprised of small businesses. She was concerned about the impact these code changes will have on those small businesses and their ability to pay rent. Her family has lived and worked in Tukwila since 1912. The family's original farm was eventually sacrificed to various projects such as 1 -5 and Southcenter Parkway, but the remains of that farm were developed into the retail properties that the family still relies on. Pam Carter, 4115 South 139 Street, explained that she did not have comments on proposed changes to the Sign Code However, she asked that the Council verify the code allows for adequate signage for essential public facilities, specifically signage for the new light rail station She explained there is currently no signage on Tukwila International Boulevard for that station. She has seen signs for similar stations in the Rainier Valley, but so far those signs are not present in Tukwila. Ms Carter explained that information she has been provided by staff is that those types of signs are not allowed in Tukwila. She does not know how sign regulations apply to that site. There is a single monument type sign on the side street for that property, but it is virtually unreadable while driving. She felt it reflected poorly on Tukwila that their code does not allow the same signage for that station that other cities have, and it does a disservice to both the station and the City. Ms. Carter distributed a picture of the signage identifying the Light Rail Station in the Rainier Valley. Jerome Baruffi, 411 Strander Boulevard, explained that he owns the medical - dental building at 411 Strander Boulevard. His building has frontage on two roads, and he would like to add a sign that stylistically is consistent with other medical - dental type buildings, where the building is named and then each tenant within the building is named. He provided copies of examples that desired signage to the Council To date, he has not been able to erect signs like that and some of his tenants have never been able to put up signage with their name on it. He felt that since his building is on two frontages, he should be able to find a way to put up signs that would work for his tenants. Mr. Baruffi explained that he has been informed his signage would not work because it would be too tall, and he wanted pedestal signs, both of which are being discussed in the code changes. Council President Robertson suggested Mr Baruffi discuss his particular issues with staff directly after the public hearing. Mon Wig, 4811 134 Place SE, Bellevue, complimented the staff for the wonderful job they did under the Master Sign Program, which impacts his development, Southcenter Square He attended a number of those meetings, and his input and needs were incorporated into the City's proposed code changes. Nicholas Lee, 2800 Southcenter Mall, expressed appreciation of the City staff's efforts with the new Sign Code. He explained that he supports adoption of the new Sign Code as drafted, with the exception of two portions of the Master Sign Program: the maximum area for wall- mounted signs and the pedestal sign allowance. Southcenter is currently vested to the existing Sign Code but the mall planned to adopt the revised code as soon as it is adopted. The proposed Sign Code would limit the mall's maximum signage area to 6% of building face or a maximum of 250 square feet. He felt the 6% limit was fine, but they are currently allowed signs up to 500 square feet. There is one instance where the mall would go Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 4 of 9 into non - conformance under the proposed 250 - square -foot cap, with the new Seafood City store. Westfield does not want to create a nonconforming situation. Instead, he proposed that properties above 85 acres be limited to 500 square feet as currently allowed. Mr. Lee explained the limits for grand monument signs are restrictive They would very much like to advertise their expansion area for the drivers on the freeway, since the expansion area and those businesses are not directly visible from the freeways They originally proposed a larger maximum sign allowance, but have recently reduced their requested signage area down to 500 square feet, which is the maximum allowed area on a building- mounted sign. Again, that would only be for properties greater than 85 acres. Finally, they had originally requested a maximum sign height of 145 feet, but they reduced that request to a height of 115 feet, which is the maximum building height currently allowed in the Tukwila Urban Center. He explained that Bellevue recently permitted a similar sign for Factoria Mall. Melissa Hart, Deputy City Clerk, acknowledged receipt of 6 written comments received in the City Clerk's Office relating to the Sign Code Update Public Hearing The following comments were distributed to the City Council and read into the record: 1 A letter from the Northwest Sign Council with Sign Code update recommendations, dated June 25, 2010, for the June 28, 2010 Public Hearing. 2. A letter from Christian & Robert Schofield with Sign Code update recommendations, dated June 24, 2010, for the June 28, 2010 Public Hearing. 3. A letter from Medical Centers, LLC with Sign Code update recommendations and schematics, dated June 25, 2010, for the June 28, 2010 Public Hearing. 4. A letter from National Sign Company with Sign Code update recommendations, dated April 22, 2010, with a request to be included at the June 28, 2010 Public Hearing. 5 An e-mail from 5Creative with Sign Code update recommendations, dated June 28, 2010, for the June 28, 2010 Public Hearing. 6. A letter from Westfield Southcenter with Sign Code update recommendations, dated June 28, 2010, for the June 28, 2010 Public Hearing 7:48 p.m. Council President Robertson closed the Public Hearing. SPECIAL ISSUES a. Two resolutions for surplus fire equipment. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on June 22, 2010. The committee members were unanimous in recommending approval. The Council is being asked to approve two resolutions declaring Fire Department equipment as surplus and authorizing its donation. Staff is recommending the rescue backboards be donated to the Maple Valley Fire and Life Safety Department, 1 Amkus Rescue System (Jaws of Life) to the Salmon River Fire Department in Idaho (a former donation recipient), and 1 Amkus Rescue System to the North Highline Fire District. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Sign Code update ordinance. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 14, 2010. The committee members forwarded this item to the June 28, 2010 Committee of the Whole meeting for Council discussion. • • • • Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 5 of 9 After Council discussion, there was consensus to have staff provide additional information in response to the testimony that was received during this evening's public hearing. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE JULY 12, 2010 COMMITTEE OF THE WHOLE MEETING. c. Comprehensive Plan Amendments (held in public meeting format). Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 14, 2010. The committee members were unanimous in recommending approval. 8:10 p.m. Council President Robertson called for public comments. Rebecca Fox, Senior Planner, explained this first discussion is only a screening review of the applications for Comprehensive Plan amendments. The review criteria are very general at this point in the process 1) Is the issue already covered in the Comprehensive Plan? 2) Is the proposed change needed? 3) Is this the best means to meet the public need? 4) Is there a benefit to the community? Ms Fox utilized a PowerPoint presentation outlining the requested changes and their associated applications - 1) The Wooden, LLC property wanted to rezone the two properties from Manufacturing Industrial Center and Low Density Residential to Office designation The primary change would be to allow professional office uses with housing units above, versus the current industrial uses. 2) The Macadam LLC property wanted to rezone a single parcel from Commercial Light Industrial to Medium Density Residential. That change would allow up to 14.5 housing units per acre versus light industrial uses This particular lot has a variety of environmental issues such as wetlands and buffer zones, so there is not much developable land A code violation on that property is also being resolved. 3) Establish zoning in Tukwila South annexation area. Upon completion of the Tukwila South annexation in 2009, it was discovered the City did not have adequate zoning in place, and the new zones would be consistent with the Comprehensive Plan designations. Frank Firmani, 911 Western Avenue, Suite 318, Seattle, indicated he is the owner and developer of the Wooden, LLC properties, and he wanted to reassure the Council that the goal is to build a new, small office building. He explained the building would be designed in keeping with the City's aesthetic goals, particularly along the river corridor. The building would be certified under Leadership in Energy and Environmental Design (LEED) standards, with the ultimate goal of tenants that are somehow related to the protection of the Duwamish River channel. Josh Johns, 911 Western Avenue, Suite 318, Seattle, explained that he has worked with Mr. Firmani on the Wooden, LLC rezone. He felt the rezone would be a positive move for the neighborhood. That parcel lies in a unique convergence of an industrial zone, a residential zone, and a City park. When they first began discussing development, they went right to Bruce Fletcher, Director of the Parks Department, and discussed their plans and options with him. His letter of endorsement is included in their application packet. The revisions include three parcels of land, the third being a tiny sliver of land across the street bordering the Duwamish River. As part of their rezoning, they would donate that small parcel to the Parks Department, with the assumption the City would rezone it as park land. He felt a small office building would suit the area much better than Tight industrial usage. Councilmember Hernandez asked whether the properties were actually two Tots, but were being handled as one parcel and one building. Mr. Johns confirmed that in the future it would become one parcel and one building, with one office zoning. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 6 of 9 Georgina Kerr, 3836 South 116 Street, explained that she lives across the street from the Wooden project, and she has not had any contact with the developer With the proposed change, the neighborhood will be directly impacted. She explained that some of the neighbors are unhappy with this proposal. While the applicants talk about a green building, she sees an increase in impervious surfaces, more noise, and more activity. She is not aware of anyone in the neighborhood who favored this development. Everyone she has spoken with is against it. Matthew Patton, 11535 40 Avenue South, is directly across the river from the proposed Wooden building zone. He is not necessarily opposed to the development, but he is concerned about how commercial zoning would fit into a residential neighborhood. In particular, he asked how parking would be accommodated along the river, and whether or not parking would overflow into the River Bend Hill parking lot. He would like more information on those types of questions, and more detail about the process a request like this would go through He would also like a public meeting between the developer and the neighbors. Betty Gully, 13017 Macadam Road South, explained that she lives very close to the Macadam, LLC project. She has seen some of the preliminary drawings, and she wanted to compliment Mr. Becker on those designs, as they blend well with the existing community on that upper side. Her only concern is the wetlands. Her neighborhood worked so hard to develop the wetland there, and river otters and blue heron have been seen there and ducks are currently nesting there The several wetlands in the area impact each other. She hoped the process moved forward, but with due diligence to protect those wetland areas. Barry Becker, 4446 South 131 Street, is the owner of the Macadam, LLC parcel. He explained the plan is to restore the wetlands and buffer area to the best possible condition for the fish and habitat, and none of the trees will be impacted. The reason they want to change the zoning is because the wetland is along the curve, but the rezone would allow them to do some building farther into the property. The Medium Density Residential zoning would allow them to put in townhomes because of the zero lot lines in the middle to allow for better parcel utilization while still preserving the wetlands that are there 8:40 p.m. Council President Robertson closed the Public Meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Noise regulations. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 14, 2010. The committee members forwarded this item to the June 28, 2010 Committee of the Whole meeting for Council discussion. Stacy MacGregor, Assistant Planner, explained the City needed to update the Noise Code for two primary reasons. 1) Existing code is difficult to administer and almost impossible to enforce. 2) The variance process is not codified, does not charge a fee and variances are routinely granted as requested. The proposed Noise Code has been reviewed at several Council meetings since April, including one public hearing. The feedback has resulted in changes, refinements, and additions to the draft ordinance' 1) Residential parties 2) Use of a decibel meter 3) Noticing at the onset of a noise event (variance and highway maintenance) 4) Property maintenance and construction noise 5) Emergency work Ms. MacGregor reported it was revealed through the public hearing process, that a number of nighttime noise sources, which may not have generated complaints but which were still onerous, such as carpet cleaning, leaf blowing, parking lot sweeping, construction starting prior to 7 a.m., and Sound Transit track maintenance, had been serious issues for residents. The new code addresses these concerns: • • • Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 7 of 9 1) A provision was added to require notice prior to a residential party. 2) A provision requires notice upon the start of highway maintenance noise events as a condition of all variances. 3) The code added weather events to the definition of Emergency Work to exempt noise created during response to extreme weather events. 4) The new code proposed that construction and maintenance noise not be exempted In the current code, a variance is required for nighttime construction and maintenance noise This proposed change preserves the existing standard. This particular item generated a lot of debate as staff tried to strike a balance between residential and commercial needs. 5) The fees section was corrected and updated to reflect fees effective on July 1 s ` Councilmember Ekberg asked who would make the notification to neighbors Ms. MacGregor explained the applicant would be responsible for the notification, and staff could generate a list of addresses to be notified. Councilmember Hougardy asked Ms MacGregor to explain the language related to nighttime noise not being exempted and requiring a variance. Ms. MacGregor explained the new code tried to reconcile the use of the decibel meter with the less formal phrase of plainly audible. If a commercial activity can be heard within a residential unit at night, it is too loud. That simple rule of thumb would allow the Police Department to cite the noise source, without reliance upon a decibel meter. In the past, an acoustical engineer would have to use a decibel meter to measure how loud that sound was, which was not a practical way to enforce the code Any business conducting such activities would be required to get a variance Mikel Hansen, 12201 Tukwila International Boulevard, indicated he was speaking on behalf of Sabey Corporation. He spoke at the previous Community Affairs and Parks Committee meeting on this topic, and he felt the staff has done a very good job of balancing the various issues. He asked that Council be mindful of unintended consequences when reviewing a code such as this, since the balance is so easily tipped. For example, the lntergate East and Intergate West technology campuses along Tukwila International Boulevard all feature rooftop air conditioning units Those units could be heard, but they have worked very hard to minimize that noise and ensure those units are within existing code. He just wanted to ensure they could continue to be in business He thanked staff for being so patient with him and all his questions, and he hopes that everyone continues to work together to create code that serves everyone. Vanessa Zaputil, 15171 52 Avenue South, #5, thanked the City staff and Council for their work on this new Noise Code and willingness to find solutions. She knew a lot of work has been done on this new ordinance, with the intention of making it easier to enforce, which she supported wholeheartedly. She believes the proposed ordinance is successful in that regard, because it addresses and reflects Tukwila's unique blend of residential and commercial neighbors. Her concerns have been acknowledged and worked through in an equitable fashion. She believes these proposed changes are the best compromise possible. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 9:35 p.m. Council President Robertson declared a brief recess. 9:41 p.m. Council President Robertson reconvened the Committee of the Whole Meeting. e. Review planned revenue enhancements: Revenue Generating Regulatory License (RGRL), Utility Tax and Business Licenses, as well as potential "voter approved" revenue enhancements. Shawn Hunstock, Finance Director, explained the City Council has reviewed nine revenue enhancement options in prior weeks at several recent Committee of the Whole meetings. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 8 of 9 1. Property tax levy lid lift — Council to review again in 2011. 2 EMS levy — Hold due to options on Fire Services. 3 Utility tax increase and /or extension — Draft ordinances for review. 4. Business license fee increase - Draft ordinances for review 5. Revenue generating regulatory license (head tax) - Draft ordinances for review 6 Planning fee increase — Council adopted the changes on June 21, 2010. 7. Transportation Benefit District (TBD) license fee — Council removed from consideration 8. TBD sales tax — Staff will return with information in July 2010 9. Special purpose fire authority — Constituting a committee to explore that option. After Council discussion, there was consensus to forward the draft ordinances for the Revenue Generating Regulatory License, utility tax increase and/or extension and business license fee increase to the July 12, 2010 Committee of the Whole meeting. REPORTS a. Mayor Mayor Haggerton attended the Association of Washington Cities (AWC) conference in Vancouver June 22 through June 23 and June 25, 2010. On June 24, 2010, he attended the Rock'n'Roll Marathon Media event and the Rock -n -Roll Marathon on June 26, 2010. He explained that nearly 28,000 marathon participants registered for the event. On June 28, 2010, he had the chance to provide a tour for King County Executive Dow Constantine and Sung Yang, Director of Government Relations, of various locations in Tukwila. b. City Council Councilmember Hernandez attended the Southwest King County Chamber of Commerce Business After - Hours event on June 23, 2010. On June 24, 2010, she attended the Rock'n'Roll Marathon media event and the Sound Transit community meeting. Councilmember Ekberg attended the Southwest King County Chamber of Commerce Business After - Hours event on June 23, 2010. On June 24, 2010, he attended the Rock'n'Roll Marathon media event and the Sound Transit community meeting. Councilmember Seal attended the Sound Transit community meeting on June 24, 2010 Councilmember Quinn attended the Rock'n'Roll Marathon on June 26, 2010. c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the upcoming small group Tukwila and SeaTac joint meeting. MISCELLANEOUS Councilmember Hernandez requested the City Administrator include one additional item for the Executive Session on July 6, 2010 relating to potential litigation. Steve Lancaster, City Administrator, indicated he would discuss the issue with the City Attorney • • • Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 9 of 9 ADJOURNMENT 10:25 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. 1.2? • °"?‘ Dennis Robertson, Council President Caoxf- Minutes by Lady of Letters, Inc. Reviewed by Melissa Hart, Deputy City Clerk Meeting Date Prepared by M vtem unc review 06/28/10 BM 6/28/10 ,G '\, ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑Bid Award Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion ►1 PublicHeanng Mtg Date Mtg Dab 6/28/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs 1 DCD ❑ Finance ❑ Fire • Legal ❑ Pe: 7R ❑ Police ❑ PW SPONSOR'S In 2007, the City Council identified a need to update the City's sign code because only SUMMARY piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Reccomended Draft Sign Code is ready for review and consideration by the City Council. *VIEWED BY ❑ COW Mtg. ❑ Utilities DATE: 6/14/10 Al CAS NUMBER: 10-073 ORIGINAL AGENDA DATE. JUNE 28, 2010 AGENDA ITEM TITLE Review of the Planning Commission Recommended Draft Sign Code 6/28/10 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑Bid Award Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion ►1 PublicHeanng Mtg Date Mtg Dab 6/28/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs 1 DCD ❑ Finance ❑ Fire • Legal ❑ Pe: 7R ❑ Police ❑ PW SPONSOR'S In 2007, the City Council identified a need to update the City's sign code because only SUMMARY piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Reccomended Draft Sign Code is ready for review and consideration by the City Council. *VIEWED BY ❑ COW Mtg. ❑ Utilities DATE: 6/14/10 Al CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. Cmte ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Department of Community Development No Recommendation on adoption, forward to COW for discussion COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $0 Fund Source: N/A Comments • N/A MTG. DATE RECORD. OF COUNCIL ACTION 06/28/10 MTG. DATE ATTACHMENTS 06/28/10 Informational Memorandum dated June 22, 2010 Ordinance in draft form III Sign Code Comparison Matrix Legislative History binder Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 4 COUNCIL A GENDA SYNOPSIS Initials ITEM' INFORMATION ITEM NO. 3 LI- BE City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor TO: Mayor Haggerton Community Affairs and Parks FROM: Nora Gierloff, Deputy DCD Director DATE: June 4, 2010, Revised June 22, 2010 SUBJECT: Sign Code Update ISSUE In 2007, the City Council identified a need to update the City's sign code because only piecemeal changes had been made since it was adopted in 1982. The Council realized that a complete rewrite was needed in order for the code to reflect changes to the City and the legal environment over the past 28 years, including the requirement that the code be content neutral Over the past two years staff has worked with an advisory Committee and the Planning Commission to develop a Planning Commission Recommended Draft Sign Code which has been forwarded to the City Council for their review and consideration. On June 28, 2010, the City Council as a whole will receive their first briefing on the Planning Commission Recommended Draft Sign Code and gather public comments at a hearing. The Council may then work with staff to determine an appropriate process for review of the Draft Sign Code. BACKGROUND Here is an overview of the public involvement process that was used to develop the draft code. Public participation and public outreach have been cornerstones of the update process. Sign Code Advisory Committee Given the significant impacts that signs have on the community, the City Council established a Sign Code Advisory Committee (hereafter: Committee) to assist in the update process. Council Resolution 1656 established the Committee and specified that the Committee must include two Councitmembers, one Planning Commission member, three residents and two business representatives. The Committee conducted six meetings to provide input on various issues related to regulating signage within the City. Topics discussed included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings were open to the public and staff invited interested parties to come to the meetings to address any concerns, provide recommendations, or provide suggested courses of actions. Joint Meeting of the City Council and the Planning Commission The work of the Committee culminated in a report titled, "Sign Code Advisory Committee Policy Recommendations" (This report can be found in the Legislative Binder under the tab labeled as "Attachment A "). On January 29, 2009, a joint meeting of the City Council and Planning Commission was held to brief both bodies on the completed work of the Committee. Both the 3 INFORMATIONAL MEMO Page 2 City Council and the Planning Commission expressed general support for the recommendations provided by the Committee, but were interested in more specific details. Planning Commission Review Following the joint meeting, the Planning Commission conducted four workshops to review in detail the proposed recommendations of the Committee. It was at this time that the vision of the Committee began to be laid out into formal code language. The Planning Commission was supportive of the recommendations of the Committee and made only minor changes. In spring of 2010, the Planning Commission was presented a Public Review Draft Sign Code for their review and consideration. On March 25, 2010, the Planning Commission held a public hearing on the proposed code. Testimony was received from Westfield Southcenter, Bob Schofield, and the King County Realtors Association. Following the meeting the PC incorporated some of the public comments into their draft. On April 22, 2010, the Planning Commission adopted a motion recommending a Planning Commission Draft Sign Code to the City Council. An index which contains the legislative record used to develop the Planning Commission Recommended Draft Sign Code is included with this packet as Attachment C. The binder contains a report entitled, `Sign Code Advisory Committee Policy Recommendations under Tab A. Also included are documents that were reviewed by the Sign Code Advisory Committee, documents reviewed by the Planning Commission, and written comments provided to the Planning Commission. Other Public Participation In addition to the work with the Committee and the Planning Commission, Planning Staff has been working to engage other interested parties in the update process. The following actions were completed by staff: 1 Briefing to the Hwy 99 Action Committee (now known as the Tukwila International Blvd Action Committee) prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times. 3. Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with the Westfield Southcenter representatives on several occasions. 6. Staff met with representatives from Clear Channel Outdoors, one of the largest outdoor advertising companies in the Country. 7. Staff met La Pianta to discuss the impacts of the draft sign code on Tukwila South. 8. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 9. Notices were sent to all sign contractors who have done work in the City in the last three years informing them of the availability of the draft sign code, inviting their input and providing notice of the March public hearing. B Miles Page 2 06/24/2010 4 W InfoMemos\Sign Code 6- 28.doc • • Page 3 INFORMATIONAL MEMO 10. A letter was sent to parties of record requesting specific input on the recommendations of the Committee. 11. Throughout the entire update process the City has utilized a webpage to keep interested parties informed of the update process. The webpage included a link that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. Overview of Draft Sion Code The new sign code, which will replace the existing Title 19 of the Tukwila Municipal Code, contains 11 chapters. The following is a brief overview of the contents of the chapters. A matrix that compares that current sign code to the Planning Commission Recommended Sign Code is included as Attachment B. 1. Intent The first chapter reflects the intent language that was drafted by the Committee and edited by the Planning Commission. 2. Definitions The second chapter defines terms that are referenced in the new Sign Code. Photos are used to illustrate certain definitions. 3. Administration The next chapter is the administration section which outlines when sign permits are required, what types of signs are prohibited, what notices the City will send, how to appeal a decision and how the City will enforce violations of the Code. As a reminder, consistent with the current sign code only those signs that are "discernible" from the public right of way, adjacent premise, or an adjacent off -site business are regulated by the sign code. 4. Construction, Maintenance, and Removal of Signs The fourth chapter includes requirements for the construction, structural review and maintenance of signs. In keeping with current practice all permanent signs must have a final inspection to be considered legally installed. This ensures that they were safely constructed in accordance with the approved permit. Language regarding the removal of "abandoned" signs has also been included. 5. Permanent Signs This chapter includes sign regulations regarding the number, size and placement of permanent signs within both residential and non - residential zones. The current sign code only allows two main types of permanent signs, flush mounted wall signs and freestanding signs. One of the goals of the sign code update was to expand the sign types allowed within the City and in this chapter ten permanent sign types are permitted under different conditions. B. Miles Page 3 06/24/2010 W \2010 InfoMemos \Sign Code 6- 28.doc 5 INFORMATIONAL MEMO Page 4 The draft also moves away from pole signs as recommended by the Committee and instead allows monument signs. Also, tall "freeway interchange" signs will no longer be permitted. In a change from the current code, there is no specific limit on the number of signs that may list a certain business, in keeping with the goal of content neutrality. A building and site will qualify for a certain number of signs based on length of street frontage, number of building entrances and building design. The only limitation on the text of the signs is that they reference on- premise businesses, products or uses. Finally, language to allow banners attached to parking lot light standards has been added. This type of signage was not discussed by the Committee; however staff and the Planning Commission wanted to include the language for consideration. These can help to bring color and interest to parking lots as well as create an identity for a center. 6. Temporary Signs The sixth chapter covers the number, size and placement of temporary signs. These signs may be commercial or non- commercial in nature. Like the permanent sign section, the regulations regarding temporary signs are divided between residential and non- residential zones. The Committee proposed and the Planning Commission supported allowing certain temporary signs for large special events in order to facilitate movement of automobile and pedestrian traffic. 7. Variances The variance process and criteria are similar to the language found in the current sign code. 8. Master Sign Program The proposed master sign program language would provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the needs of larger sites. The Committee was supportive of the concept, but had not reviewed specific criteria for the master sign program. The language found in the chapter reflects language reviewed and adopted by the Planning Commission. A site will qualify for the master sign program if it is at least 15 acres and has a minimum total building area of 200,000 square feet. Sites eligible for the master sign program include Westfield Mall, Boeing, Southcenter Square, and Parkway Supercenter. Additionally, uses that provide emergency services (i.e hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the sign code will also be eligible for the master sign program. Master sign programs that propose to vary the size, number or location of otherwise permissible signs would be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this Code would be reviewed by the Board of Architectural Review. The additional sign types that B. Miles Page 4 06/24/2010 6 W \2010 InfoMemos \Sign Code 6- 28.doc • • • • Page 5 • • INFORMATIONAL MEMO could be allowed by the BAR are roof signs, taller monument signs, parking structure incentive signs and larger wall signs Master Sign Programs must also include a plan for the removal of any existing nonconforming signs on the premises within three years. 9_ Non - Conforming Provisions The next chapter includes non - conforming provisions of the draft code. These recommendations were supported by both the Committee and the Planning Commission. A. Signs that are currently legal but would become non - conforming under the new code would have a 10 year grace period to come into compliance, during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. B. Older currently non - conforming signs, such as those installed to King County code in our annexation areas, could remain indefinitely but would need to come into compliance at the time of a copy /face change. C. Freeway interchange signs would have a 5 year grace period to come into compliance during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. D. A program to provide financial incentives to encourage the removal of non - conforming signs along the TIB Corridor has been proposed. Staff is proposing that a no -fee permit be required for signs that would be non- conforming to the new code. This permit will ensure that property owners and businesses are made aware of the limitations placed on making modifications to their non - conforming signs. 10. Billboards The chapter would establish billboard receiving areas within the City. The billboard receiving areas being proposed are: • Along West Valley Hwy at S. 180` and south to the City Limits. • Along East Marginal Way, north of Boeing Access road Within these receiving areas, static and digital billboards can be installed, provided that a minimum number of existing billboards within the City are removed. For example, to install a digital billboard in a receiving area would require the removal of at least five existing billboards. Specific development standards are provided for new billboards, including minimum spacing. The chapter also sets up provisions to allow reconditioning of existing billboards within the City that are not proposed to be removed. 8 Miles Page 5 06/24/2010 W\2010 InfoMemos \Sign Code 6- 28.doc 7 INFORMATIONAL MEMO Page 6 11. General Provisions The final chapter of the sign code is the general provisions chapter. This chapter is essentially a "catch all" for certain legal statements that need to be included in the new sign code. DISCUSSION The next step in the update process is for the City Council to start their review of the Planning Commission Recommended Draft Sign Code. The City Council will have an opportunity to hear from the public on the draft sign code at the hearing. Prior comments from the Planning Commission public hearing are included in the legislative binder. The extensive public process used has created a product that reflects the needs and desires of the community while also providing businesses and residents with the ability to have much needed signage. . Staff would like specific input from the City Council on the process and level of review they would like in moving forward on the draft sign code. Some options include: 1) Staff could prepare a matrix of the public comments received at the June 28 hearing for the Council's review at the July 6, 2010 Regular Council meeting. Council could then identify the comments they would like to incorporate into the final version of the code as well as any areas where they would like staff to develop new alternatives or approaches. Staff would then come back to the Council with revised language at a future Committee of the Whole meeting. 2) In lieu of going to the July 6 meeting, staff could schedule one, 2 -hour work session on the Planning Commission draft. At the work session, Council could review the matrix of public comments received as part of the public hearing and identify possible changes. After the work session, the proposed sign code would go back to a Committee of the Whole meeting for discussion before going to a Regular Council meeting for possible adoption. 3) The draft provided by the Planning Commission could be acted upon by the City Council at the July 6, 2010 Regular Council meeting. RECOMMENDATION The Committee of the Whole is being asked to conduct and close the public hearing at tonight's meeting and then select one of the review process options listed above. As always, DCD staff is available to meet with City Council members to walk through the draft sign code or to answer any questions. Please contact Nora Gierloff or Brandon Miles to arrange time to meet. ATTACHMENTS A. Ordinance in draft form B. Matrix Comparing Current Sign Code to the Planning Commission Recommended Sign Code C Legislative Binder Index B Miles Page 6 06/24/2010 8 W infoMemos \Sign Code 6- 28.doc • • • • • • DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way - finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non- motorized forms of transportation; and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed -use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citizens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six times to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and PIanning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non - Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and W \Word Processing \ Ordinances \Sign Code Title 19.docx BM:ken 06/10/2010 Page 1 of 27 9 10 WHEREAS, on April 22, 2010, the Planning Commission adopted a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS. Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character, to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3 To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5 To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections, A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review B. 11 the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and /or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19 08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which W \Word Processing \ Ordinances \ Sign Code Titre 19.docx BM:ksn 06/10/2010 Page 2 of 27 • • • • the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 'Awning" means a fabric - covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Awning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 "Atoning/Canopy Sign, Under" means a sign suspended from an awning, canopy or arcade, but does riot extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off - premise freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building- Mounted Sign" means a sign permanently attached to a building and includes flush - mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial, those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial, all properties located along Boeing Access Road, and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this section are satisfied. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City 19.08.070 "Cabinet Sign" means a geometrically - shaped sign with a translucent face, backlit by an internal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three - dimensional, individually-cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI, TVS or TSO 19.08.084 "Corner Projecting Sign" means a tall, vertically - oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department" means the Department of Community Development or subsequent organizational successor 19.08.091 "Digital Billboard" means an off - premise sign that uses digital technology that produces static images which are changed remotely Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other W \ Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 3 of 27 11 12 component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that can be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face" means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted in Attachment C, attached hereto 19.08.150 "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H. 19.08.155 "Institutional Use" means any non - residential use located within a residential zone that provides services to the surrounding neighborhood or residential community Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 "Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi - Family Complex" means any structure or group of structures within a residential zone that contains at Least five dwelling units. 19.08.185 "Off - Premise Signage" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Structure Incentive Sign" means a flush - mounted building sign permitted on parking structures and intended for periodic changes in copy 19.08.195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehides operating in their normal course of business. 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. W. \Word Processing\ Ordinances \ Sign Code Title 19.doc BM:ksn 06 /10/2010 Page 4 of 27 • • • 19.08.235 "Sign" means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three- dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Corridor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18 -9 19.08.265 "Window Sign" is a sign applied to a window or mounted or suspended directly behind a window 19.08.270 "Window Sign, Temporany," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 "Wireless Communications Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, intemet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director ") or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent" and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions - Sign Permits Not Required. The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in Section 19.04.020. WA Word Processtng \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 5 of 27 13 14 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for special holidays, such as Independence Day and Thanksgiving, erected on private property Signs may only contain non- commercial speech. 3 Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic Signs may be installed within the right -of -way or on private property, with the permission of the property owner All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7 Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9 Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 11 The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building - mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of a flag showing the emblem or insignia of a nation or other governmental unit. 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; 3. Arty sign, symbol, object or device located within City or State rights -of -way or City easement without City and/ or State approval, 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4, 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation, 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under Section 19.24.060; 7 The use of portable signs or other similar devices, unless permitted under Section 19.24.070; W \Word Processing \Ordinances \Sign Code Tide 19.docx HM:ksn 06/10 /2010 Page 6 of 27 • • 8. Dynamic signs, except those types specifically permitted under this code; and 9 Abandoned signs. 19.12.050 Party-of- Record. Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party-of- record. The party-of - record applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28 -day period, as provided herein. C. If the application is incomplete and the applicant submits the additional 'information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14-day period that the application is incomplete. D An application shall be conclusively deemed to be complete on the Department's issuance of a notice of complete application as provided in Subsections A or C hereof, or the expiration of the time periods for issuance of such a notice as provided in Subsections B or C hereof. E. The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. F The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. G. The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed, 4. a site plan; W \Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 7 of 27 15 16 5 a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. the procedures and deadline for filing comments, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application, 7 the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D. Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. F Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant 3 a description of the sign(s), the location, a list of the permits included in the application and the Location where the application, the staff report and any environmental documents or studies can be reviewed, 4. a site plan; 5 the date, time, place and type of hearing; 6. the phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing; 7 the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via US. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period. W \ Word Processing\ Ordinances \ Sign Code Tale 19.doce BM:ksn 06/10/2010 Page 8 of 27 • • • • 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain. 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19,12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. W\ Word Processing \Ordinances \Sign Code Tide 19.doa BM:ksn 06 /10/2010 Page 9 of 27 17 18 19.12..160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19 12.120 and 19.12.130. 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation. If subsequent violations occur within the next 18 months, the property owner shall be subject to the following fines: 1. 2nd violation...... $200 2. 3rd violation_ $400 3. 4th violation...... $800 B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and/ or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right - of -way, easements under City control or property owned and /or controlled by the City No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing the illegal signs Once the ten -day period has expired, the City shall have the right to dispose of the signs. D Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically. 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 1936, "Non- Conforming Provisions" B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45 The City shall also revoke the business license of the sign contractor and the Cityshall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code, B All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review The City's Building Official may require that proposed building- mounted signs that weigh 400 pounds or more, monument signs 50 square feet or W \Word Processing \ Ordinances\ Sign Code Title 19.doc: SMksn 06/10/2710 Page 10 of 27 • • more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building- mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building- mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non - conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned- out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City 6. If a building- mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned, pursuant to the definition found in this code. The particular mitigation measures shall be based on the circumstances outlined below. 1. Non - conforming Freestanding Sign. In the event that a non - conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City 2. Non - conforming Building- Moun Sign. In the event that a non - conforming building - mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City The building wall shall be completely restored, as ordered by the Director 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City 4. Conforming Building- Mounted Sign. In the event that a conforming building- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order B It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: W \Word Processing \Ordinances\ Sign Code Title 19.docx BM:kan 06/10/2010 Page 11 of 27 19 20 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design_ It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application farm provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5 Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7 Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building - mounted signs. 9 If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush - mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect lighting methods. The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) - Design Standards. 1. The maximum area of any flush - mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush- mounted building sign be greater than 50 square feet. 2. Lighting for flush - mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D Dynamic Signs in Residential Zones. W \Word Processing \ Ordinances \ Sign Code Title 19.do« aMksn 06/10 /2010 Page 12 of 27 • Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per sideJ72 square feet total 54 square feet per side 1108 square feet total 6 feet One 400 -599 feet 50 square feet per side /100 square feet total 70 square feet per side /140 square feet total 7 feet One 600 -799 feet 60 square feet per side /120 square feet total 80 square feet per side/160 square feet total 7 feet One 800 -999 feet 66 square feet per side /132 square feet total 88 square feet per side /176 square feet total 8 feet Two, if there are two or more vehicular street access points. 1,000 feet and over 72 square feet per side /144 square feet total 96 square feet per side/192 square feet total 8 feet One for every 400 feet of linear street frontage. Each sign must be located near a vehicular street access point. Only one sign per access point. • 1. One monument sign per premise, as permitted under Section 19.20.030 B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 10PM. 2. Notice of Understanding The operator of any dynamic sign installed per this subsection must submit a letter to the Director that states the organization understands and agrees to abide by the above requirements. 19.20.040 Permanent Free - Standing Signage in Commercial/Industrial Zones. Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free- standing monument - style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1. Table 1 — Design Standards for Permanent Monument Signs in Commercial and Industrial Zones a. Allowable sign message area is either the face panel of the sign, or for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Setback All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility 3 Maximum Width. The maximum permitted width of a monument sign is 15 feet. 4. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 5 Undeveloped Rights -of -Way In some areas of the City such as Interurban Avenue where large undeveloped rights -of -way are present, the City shall allow these areas to be considered part of the premise of the adjacent properties and will allow monument signs allowed for the adjacent premise to be placed within these areas. The property owner must W\ Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 13 of 27 21 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF - 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF - 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted 22 secure permission from the owner of the right -of -way and also agree to maintain the non- travelled portion of the right -of -way along with his /her adjacent property The sign setback will be calculated from the back edge of the sidewalk or street edge, whichever is further from the street. 6. Signs in Underground Utility Easements and Corridors. Where underground easements and/ or corridors have been established, no signs shall be located in the corridor or easement, unless expressly - specific permission is granted by the entity holding the easement. It is the responsibility of all applicants to know the location of all easements on their premise. 19.20.050 Permanent Building- Mounted Signs in Commercial and Industrial Zones. A. Flush- Mounted Building Signs (Wall Signs) 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush - mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush - mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5 Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 - Allowable Message Area for Permanent Wall Signs In Commercial and Industrial Zones B. Awning Face Sign. An awning face sign may be substituted for a flush - mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush - mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building- mounted sign when the following standards are met: 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground - floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5 No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D Corner Projecting Sign. In order to foster an urban -style environment, a corner projecting sign may be substituted for a projecting sign allowed. under Section 19.20.050 C, when the following standards are met 1. Signs shall only be permitted in the TUC and NCC zones. W\ Word Processing\ Ordinances \Sign Code Title 19.doa BM:ksn 06/10/2010 Page 14 of 27 • • • • 2. Signs are only permitted on the comers of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7 No portion of a sign shall be lower than 12 feet above the Level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy 4. The length of the sign may not exceed two-thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building- Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. tinder Awning/Canopy Sign. a. Under - awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Awning/Canopy Side Sign. a. Only awnings /canopies that are over exterior public entrances are permitted canopy signs. b. Only one awning /canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two- thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the budding that are not open to the 411 public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. W \Word Processing \ Ordinances \ Sign Code Tide 19.docx BM:ksn 06/10/M30 Page 15 of 27 23 24 c. No more than ten percent of the total ground -floor transparent - window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The Letter height for window signs shall not exceed eight inches. g The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush - mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be tr ansparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." 19.20.060 Pole Banners. A. Pole banners are only permitted in the TUC zone. B. Pole banners may only be attached to parking lot light poles on private property C. Banners may have periodic changes in copy without submittal for a new sign permit. D The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. two copies of a completed and signed application form provided by the City; 2. two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed, 5. length of proposed display; and WNW Proaessiag \Ordinances \Sign Code Tide 19.docx BM:ksn 06/10/2010 Page 16 of 27 • • 6. fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D Temporary signs may remain in place for not more than 30 days per calendar quarter A temporary sign permit from the City is required for each separate display of signage within the calendar quarter 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City The use of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. W \Word Processing \Ordinances \Sign Code Tide 19.dccx BM:ksn 06 /10/2010 Page 17 of 27 25 26 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5 The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent- window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F No individual sign may be larger than six square feet G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run-off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent. F. Campaign signs are in addition to any sign permitted under Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs. may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be Located within street medians or in right -of -way areas not maintained by an adjacent property owner. Section 7. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals must be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City 2. Tluee copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. W. \ Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 18 of 27 • • • • 3 Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. 1.0. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. 3 Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7 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. 19.28.040 Variance Not Permitted. In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 8. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a coherent design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites with a gross square footage of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Uses that provide emergency services (i.e., hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the City's Sign Code. 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.O6O.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.O6O.B, will be reviewed by the Board of Architectural Review W\ Word Processing \ Ordinances \ Sign Code Title 19.dooc BM:ksn 06/10/2010 Page 19 of 27 27 28 Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria. A Master Sign Program may be approved if all of the following criteria are met 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. 5. No sign- related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non - conforming signs on the premise within three years from the date of Master Sign Program approval. 1932.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building - mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be Iocated indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter 9. Analysis of sight distance safety if increases in size to monument signs or installation of a grand - monument sign is proposed. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively - approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush - mounted building sign, allowed per Section 19.20.050.A, of up to six percent of the exposed building face, up to a maximum of 250 square feet 3 Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Lip to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. W- Word Processing \ Ordinances \Sign Code Title 19.docx BM•ksn 06 /10/2010 Page 20 of 27 • • B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval. 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally - integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. g. No more than two grand monument signs are allowed per premises. 3 Parking structure incentive signs, subject to the following standards: a. Signs may only be flush mounted to the walls of parking structures have two or more above - ground parking levels. b. The sign must be designed to allow periodic replacement of the copy Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. c. The sign face must be contained within a frame that is architecturally compatible with the building design. d. Internally- illuminated cabinet signs are not permitted. e. Each sign may be a maximum of 288 square feet in area. f. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive sigrtage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be induded in the parking structure face area calculation. g A maximum of two parking structure incentive signs are allowed per parking structure wall. 4. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non- conforming signs on the W \Word Processing \ Ordinances \Sign Code Title 19.doac BM:ksn 06 /10/2010 Page 21 of 27 29 30 premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Southcenter area of the City The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. Section 9. TMC Chapter 19.36, "Non - Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non - conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered Iegally non - conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non - conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. 1. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non- conforming after adoption of this code, may be issued a non-conforming sign permit that will allow them to remain for a ten -year grace period from the date of last legal face change of the sign. Legal face change shall be defined as the date on which the City last issued a sign permit for a face or copy change for the subject sign. This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non - conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely However, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to a legal, non - conforming sign, including the structure or sign panel / face /copy. 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's previous Sign Code, as adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate the signs were legally installed and any modifications complied with the City's Sign Code regulations at the time of the modification. Application for and issuance of a sign permit that complies with this code is required for any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section. W \ Word Processing \ Ordinances \ Sign Code Tide 19.docx BM:ksn 06 /10/2010 Page 22 of 27 • • 19.36.040 Non - Conforming Sign Permits. A. Non - conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non - conforming or illegal the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non - conforming or illegal, and 2. whether the sign may be eligible for a non - conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non - conforming Sign Permits. 1. Eligibility. A non - conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non -conforrning sign permit is required for all eligible non- conforming signs within the City The sign owner shall obtain the permit within 180 days of initial notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications for a non- conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non - conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter Appeals shall be filed in accordance with Section 19 12.120. C. Loss of Legal Nom- conforming Status. Non - conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non - conforming sign permit is required but not obtained within 180 days of notice of non- conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non - conforming building- mounted signs on the premise affected by the construction and all non - conforming free - standing signs lose their non -conforming status. 3, When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5 Damage of 25 percent or more in the value of either the non - conforming sign or the structure to which it is affixed. D Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non - conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for arty relocation, re -erection, alteration, replacement or change in any way to the structure or sign panel /face /copy 19.36.060 Non - Conforming Temporary Signs. A. Non - conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. W \Word Processing \ Ordinances \ Sign Code Tide 19.docx BM:Isn 06/10/2010 Page 23 of 27 31 Type of Billboard Proposed in Designated Receiving Area Number of Billboard Faces That Must Be Removed Within Designated Sending Areas One Static Billboard Faces Three billboard faces One Digital Billboard Faces Five billboard faces 32 B Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited. No additional permanent building - mounted signage is permitted on a tenant space that contains a nonconforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non - conforming freestanding sign. 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor. In order to assist with the removal of non- conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18-9 b Removal of non - conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non - conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. Section 10. TMC Chapter 19.38, "Billboards," hereby reads as follows: 1938.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. Table 1 3 Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can couunence on the proposed billboard in the application. W \Word Processing\ Ordinances \ Sign Code Title 19.doca BM:ktn 06/10 /2010 Page 24 of 27 • Type of Sign Proposed in Designated Receiving Area Number of Billboards That Must Be Removed Within Designated Sending Areas One Static Billboard Face Five billboard faces One Digital Billboard Seven billboard faces Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet • Table 2 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service arunouncements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within ten feet of any adjacent right of way f. No portion of the billboards foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. 1) Lighting of billboards: a) The billboard may be illuminated, non- digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than .3 foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3 Table 3 b) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. c) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Arty other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. d) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every minute. The Director of DCD and the Director of PW shall have the authority to modify the rate of change if the applicant provides sufficient documentation that a more frequent rate of change will not pose a safety risk to adjacent roadways. The City shall have the right to have any documentation provided by the applicant peer reviewed by a third party and the applicant requesting to install the billboard shall pay the full cost for the third party review In no case shall the DCD and PW Director permit a rate of change that is more frequent than once every six seconds. e) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: W \Word Processing\ Ordinances \ Sign Code Title 19.doa BM:ksn 06/10/2010 Page 25 of 27 33 34 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard.. 4. The height of the billboard may not be increased. 5 Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or HDR. 6. Non - digital billboards cannot be refurbished or upgraded to either be tri- vision or digital displays. 7 Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with Section 19.38.040.H. 9 Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall include the following: 1. Three copies of completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property Iines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600' feet. 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5. Three sets of scaled and dimensioned footing design and height calculations. 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of structure calculations. 7 If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found. in Section 19.38.040.G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9 Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. W \Word Processing \ Ordinances \ Sign Code Title 19.doa BM:ksn 06 /10/2010 Page 26 of 27 • • 11. Tukwila business license number for the sign contractor, if applicable. Section 11. Repealer. Ordinance Nos. 1274, 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096, and 2126, are hereby repealed. Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 13. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Attachments: A — Definitions with photographs examples B -- Sign height drawing C — Sign placement drawing W \ Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number Page 27 of 27 35 Item Existing Sign Code Draft Sign Code Type of Permanent Signs Permitted Only allows freestanding signs and flush mounted wall signs. Expands the type of signs permitted within the City, including projecting signs, grand projecting signs, and blade signs. Total number of Signs Permitted per business. Two total, a business may be listed on one freestanding sign and one flush mounted wall sign or be listed on two flush mounted wall signs. Depends on the circumstances of the property and the tenant's space. However, in most cases the number of signs for a business has been expanded. Each public entrance of a business will qualify for a building mounted sign. Building mounted signage is also allowed as an incentive for providing transparency and architectural detailing. Pedestrian oriented signage is allowed outright. Projecting signs and corner projecting signs are permitted in addition to other signage. The number of freestanding signs will be independent of the number of building mounted signs. There is no restriction on the number of freestanding signs a business can be listed on provided the property qualifies for placement of freestanding signs. Number of wall signs allowed Two, if the businesses are not listed on any freestanding signs. Depends on the circumstances of the property and the tenant's space. However, in most cases the number of signs for a business has been expanded Each public entrance of a business will qualify for a building mounted sign. Building mounted signage can also be provided as a reward for providing transparency and architectural detailing. Pedestrian oriented signage is allowed outright. Projecting signs and comer projecting signs are permitted in addition to other signage. Size of Flush Mounted Wall Signs In most cases based on the following table. The sign area table in the current sign code will be used in the new sign code. The provision for a 50% increase for each doubling of the required setback as been removed. Properties that qualify for the Master Sign Program may have wall sign area of 6% of the wall area up to 250 square feet or 500 square feet, depending on the type of the business. Area (LXH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x 05 or 20 sq ft • 501 -1500 (EBF -500) X 04 +25sf 1501 -3000 (EBF -1500) X 03 + 65sf 3001 -5000 (EBF -3000) X 02 +110sf • SIGN CODE UPDATE The following matrix compares the current Sign Code to the Planning Commission Draft Recommended Sign Code. Permanent Signs in Commercial /industrial Zones • • B. Miles Page 1 C:\temp0XPgtp w ise\Matri x_Foimat red. doc 06/23/2010 • B Miles Page 2 C: \temp\XP grpwis e\Ma trix_Formatted. doc 06/23/2010 • • Over 5000 150 sf maximum size permitted Some businesses can qualify for up to a 50 percent increase in the area of the sign for each doubling of the required front setback; however in no case shall the sign exceed 6 percent of the wall area. Type of Freestanding Sign No restrictions, pole signs and monument signs are permitted. The proposed sign code moves to "monument only" for most properties. Properties that qualify for the Master Sign Program may have grand monument signs (up to 35 feet tat). Number of Freestanding Signs Most properties are allowed one. An additional sign is permitted if the property has at least 400 feet of linear frontage along a public street, the site has at least two detached commercially, occupied buildings, and the site is occupied by at least two tenants. For properties with less than 800 feet of frontage on a public street only one monument sign is permitted. A property with 800 feet of linear frontage is permitted two signs with an additional sign being permitted for every 400 feet with no maximum on the number of signs. Area of freestanding sign Based on the length of street frontage. • A premise with up to 200 feet Is allowed one freestanding sign with an area of not more than 50 square feet per side with a total of 100 square foot for all sides. . A premise between 200 and 400 feet is allowed one sign with an area of not more than 75 square feet per side with a total of 150 square feet for all sides. • A premise over 400 feet is allowed one sign with an area of not more than 100 square feet with a total of 200 square feet for all sides. Still based on the total frontage along the street Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size < 400 feet 36 sf per side/72 sf total 54 sf per side /108 sf total 400 -599 feet 50 sf per side /100 sf total 70 sf per side /140 sf total 600 -799 feet 60 sf per side /120 sf total 80 sf per side /160 sf total 800 -999 feet 66 sf per side /132 sf total 88 sf per side /176 sf total 1000 feet and over 72 sf per side /144 sf total 96 sf per side /192 sf total Area not used for sign message may be used for architectural detail or design elements to link the sign to the associated building(s). • B Miles Page 2 C: \temp\XP grpwis e\Ma trix_Formatted. doc 06/23/2010 • • Height of Freestanding Signs No taller than 35 feet tat, provided the sign is not taller than the building it is used to advertise. Total ROW of Premise Maximum Height < 400 feet 6 feet 400 -599 feet 7 feet 600 -799 feet 7 feet 800 -999 feet 8 feet 1000 feet and over 8 feet Setbacks of Freestanding Signs One foot for every foot in height from all property lines. For example, a ten foot tall sign would need to be ten feet from all property lines. Minimum of five feet from all property lines, must comply with Sight Distance Triangle. Freeway Interchange Signs One allowed on a premise that provides goods and services to the traveling public and Is located near an off ramp. Not permitted under proposed draft. Dynamic Signs Signs that change more than once every 24 -hours are considered dynamic displays and are not permitted in the City Video like images are still not permitted on signage; however mechanical displays, flashing and chasing lights may be permitted for projecting signs. Master Sign Program Not included in current sign code. Large properties can enter into a master sign program with the City The idea is that these properties may have sign needs that are unique that cannot easily be addressed in the sign code. The Master Sign Program allows: • An increase in the size of monument signs; • Aggregation of building mounted or freestanding signs into fewer, larger signs; • Roof Top signs in the TUC Zone, • Grand Monument Signs; • Parking Structure Incentive Signage, and • Provisions for larger wall signs for landmark businesses Regional Gateway Sign Not included in current sign code. Allowed as a means to attract and welcome people to the Southcenter Area of the City Only allowed on a property adjacent to two interstate highways and only permitted via a Development Agreement. • B Miles Page 3 C: \temp\XPgrpw ise\Man doc • • 06/23/2010 Item Existing Sign Code Draft Sign Code Banners or Rigid Signs The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sign face area. Limit of two temporary signs. No Change. Length of Display of Temporary Signs 30 -days a calendar quarter No Change. Placement of Temporary Signs Not in right of way. No specific language on location. The sign must be securely attached either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of signs in any other manner is strictly forbidden (i.e. tied to trees). Special Event Signage (i.e. balloons, pennants, etc) Only allowed for grand openings. Each business in the City is permitted a special event once every 24 months. No restriction on the type of event. Portable Signs Strictly Forbidden Not permitted, except for use during special, large events for crowd and /or traffic control when approved by the City Item Existing Sign Code Draft Sign Code Who gets permanent signs in residential zones? Churches, conditional uses, public facilities and multiple family complexes are permitted permanent signage. The existing code provides specific requirements based on the exact use. Substantively no change, conditional uses, schools, churches and public facilities will be considered "institutional' uses. Multi- family will also be permitted signage. Multi - family is considered as having at least five or more units. The proposed code makes no distinction on allowable signage based on use. Types of signage permitted Flush mounted wall signs and freestanding signs. No Change Total Number of Signs Allowed Churches, conditional uses and public facilities are permitted one wall sign and one freestanding sign outright. An additional sign is permitted for each All Institutional uses and multi - family developments are allowed at least one wall sign and freestanding monument sign. An additional freestanding monument style sign is permitted for each street that provides access to the premise. Temporary Signs in Commercial /Industrial Zones Permanent Signs in Residential Zones • B. Miles Page 4 CA temp gtp w is e\M atr i x_Fo rma tt ed. d o c 06/23/2010 • • Item additional frontage. Draft Sign Code Maximum size of flush mounted wall sign. 50 square feet is allowed outright. Like in commerciaVindustrial zones a formula is used based on the area of the wall; however in no case shall the sign be greater than 50 square feet. Dynamic Signs Currently not permitted. Foster High School was issued a sign permit under a previous code provision that sunset. Would be allowed for any sign permitted in residential zones The sign will have to comply with the same standards as the sign at Foster High School. Type of Freestanding Sign Allowed No restrictions, pole signs and monument signs are permitted. Monument Only Area of freestanding sign For churches, schools and public facilities that max is 50 square feet; for multi - family developments the total is 32 square feet. Maximum size is 30 square feet for one face and 60 square feet for all faces. Height of Freestanding Signs 16 feet for churches, schools, and public facilities and 5 feet for multi- family developments. 5 feet for all signs. Setbacks of Freestanding Signs 8 feet for churches, schools, and public facilities and 5 feet for multi - family developments. No minimum setback, must meet sight distance triangle requirement. Item Existing Sign Code Draft Sign Code Banners or Rigid Signs The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sign face area. Limit of two No change. Length of Display of Temporary Signs 30 -days a calendar quarter No Change. Placement of Temporary Signs Not in right of way No specific language on location. The sign must be securely attached either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of signs in any other manner is strictly forbidden (i.e. tied to trees). Must be setback at least five feet from property lines. Special Event Signage (i e balloons, pennants, etc) Only allowed for grand openings. Each institutional and multi - family complex may have up to 12 special event signage permits per year The duration of the permit shall not exceed 72 hours. Portable Signs Strictly Forbidden Not permitted, except for use during special, large events for crowd and /or traffic control when approved by the City • Temporary Signs in Residential Zones B. Miles • Page 5 C:ltemp\XPgrp wise\Matrix_Foimatted.doc 06/23/2010 • Item Existing Sign Code Draft Sign Code Removal of The Director may order the removal or maintenance of Definition of abandoned sign specifically provided: Abandoned Signs any sign that is not maintained in a safe orderly condition, "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for Or 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. If a non - conforming sign suffers more than 50 percent damage or deterioration, based on an appraisal. Director has authority to order the removal of any abandoned sign. Non - Conforming Any proposed face or copy change to a non - conforming Various non - conforming provisions are provided Provisions signs requires conformance with the code. 1 Signs that do not comply with the existing sign code required to come into conformance for any proposed face or copy changes. This code provisions is the same as the current sign code. 2. For signs that comply with the existing sign code, a grace period is provided of up to ten years for most signs. During the grace period there can be an unlimited number of face changes. After the ten year period, the sign can remain, but any face, copy or other modifications will require conformance The grace period for freeway interchange signs will be five years. Miscellaneous Code Provisions • B. Miles Page 6 06/23/2010 C:\ temp \XPgrpwise\Matrix_Formatted. doc • • • Community Affairs & Parks Committee Minutes June 14, 2010 — Page 2 Staff also recommends leaving the construction and highway construction exemptions in the draft ordinance, as is, with no changes A noise complaint history survey conducted on noise complaints received from April 2009 to April 2010 showed no history of noise complaints regarding property maintenance and construction. Committee members were complimentary of the additional research that staff conducted regarding the ordinance. They identified the comparison table on page 8 of the Committee agenda packet as well as information on ordinances of other cities as very useful. Committee Member Seal mentioned the importance of identifying and recognizing the unintended consequences that may surface as a result this ordinance. She believes that there is great benefit of a full Council discussion on the staff recommendations. Several members of the public were in attendance at the Committee meeting. The following concerns were expressed: • Snow Removal Under the draft ordinance, snow removal (on private property compared to public), is considered property maintenance, and could not begin until daytime hours, as defined by the ordinance. • Maintenance /Construction Clarification An attendee inquired about the difference between maintenance and construction in regards to work currently being conducted by Sound Transit. Staff responded that the work falls under property maintenance in the draft ordinance and would require a variance for nighttime work. • Specific Zoning Exceptions In response to concerns over unintended consequences, a suggestion was made to consider specific zoning exceptions rather than imposing a blanket rule on an entire zoning area. The Committee thanked the citizens for their input and interest in the draft ordinance, and reminded them of the importance of attending Council meetings to express their concerns during the citizen comment opportunity. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR DISCUSSION. D. Sign Code Ordinance Staff is seeking Council approval of a draft ordinance establishing a new Sign Code for the City, replacing the current Sign Code which was written in 1982. The draft Code, presented in draft ordinance format has been reviewed and is recommended by the Planning Commission. A brief overview of the public participation and outreach process for the creation of this draft ordinance was given (documented in detail on page 14 of the Committee agenda packet). The process began in 2007 with the formulation of a Sign Code Advisory Committee. The Sign Code Advisory Committee was concerned specifically with identifying the vision of Tukwila in regards to signage. The Committee did not become involved with the details of the draft ordinance. Other milestone dates include: a joint City Council/Planning Commission meeting held in January 2009, and the Fall of 2009 when the Planning Commission began review of the new Code. The following list highlights differences between the existing and new Sign Code: • Due to basing signage regulations on the size of property, the new Code will increase the number of signs allowed for many of Tukwila's businesses. • In order to be consistent with new development patterns, the type of building mounted signs is being amended. 43 44 Community Affairs & Parks Committee Minutes June 14, 2010 — Page 3 • • There will be a shift from the use of pole /pylon signs to monument signs. • No new additional freeway interchange signs will be approved (allows for a five-year face/copy change to existing signs after which sign can remain indefinitely with no changes); however, grand monument signs will be allowed. • Creation of a Master Sign Program, geared to larger properties /developments (at ]east 15 acres and 200,000 square feet of building) encouraging a voluntary process working directly with City staff for a signage plan tailored to the site. • Signs which are non - conforming to the new Code will be afforded a 10 -year grace period for compliance. During the grace period face/copy changes can be made to the sign, and the sign can remain indefinitely after the grace period with no further changes to the face /copy. When there is a change to the face /copy after the grace period, the sign must be brought into compliance with the new Code. • The new Code strives to remove billboards from the Tukwila International Boulevard corridor. Committee Member Hernandez asked for clarity on digital (electronic) versus dynamic signage Brandon Miles explained that on a digital sign, an electronic image appears, holds for a set amount of time, goes away and then a new image appears. Although digital billboards are allowable in receiving areas under the new Code, in order for this to happen, an applicant must secure removal of a number of existing billboards. In contrast, a dynamic sign is any sign that incorporates physical movement of the sign, but may not necessarily incorporate electronic images. Any entity that meets the definition of institutional use may use a digital signage (i.e.: school, community center, fire department, church). Mr. Miles also commented that staff would be working on clarifying the definition of banner. Members of the public were in attendance at the Committee meeting. Mr. Bob Schofield, a local property owner and developer, distributed copies of property pictures and a property site plan, and explained his view on how the Code negatively impacts small businesses. Committee Chair Duffle thanked Mr. Schofield for his input on the draft Code. He explained that, at the Committee level, citizen comments, as well as handouts provided by citizens are not entered into an official Council record. Mr. Scholfield was encouraged by Committee Members to re- express his concerns at the June 28 Public Hearing on this issue. At that time, his comments as well as any handouts will be given to the City Clerk's Office and entered into the record. Mr. Schofield's additional concerns included that the Sign Code Advisory Committee was not representative of small business owners, and that information provided at tonight's Community Affairs & Parks Committee meeting was incorrect. He stated that he does not want the new Sign Code to move forward to the Council, he wants to work with City staff on small business issues, and that he has new information from that which he previously shared with the Planning Commission. Committee Member Hernandez commented that she does not want to see small businesses suffer a severe impact from requirements imposed by a new Code, and that it will be important for the Council to address policy issues in the new Code that impact small businesses. Mr. Miles offered to meet with Mr. Schofield to discuss how the draft ordinance impacts his properties. Any substantive changes that he may request would need to be decided upon by the City Council. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR PUBLIC HEARING AND COUNCIL DISCUSSION. E. Comprehensive Plan Amendments Staff is seeking full Council determination of whether or not to forward the proposed 2010 Comprehensive Plan Amendments to the Planning Commission for further consideration, review and public hearing. Staff summarized and provided a brief overview of the Comprehensive Plan Amendments annual review process. Three applications (two public, one City) have been submitted for the City's consideration as described below: 0 0 • WRITTEN COMMENTS PROVIDED AT JUNE 28, 2010 PUBLIC HEARING � Irp,t t r uFtu ° 1° 0 * Wsbekf • • Tukwila City Council City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Honorable Council Members: C:\D000MENTS AND SETTINGS \NLEODESKTOP\L062510 BCNL2.DOC June 28, 2010 Westfield Southcenter 2800 Southcenter Mall Tukwila, WA 98188 T 206.246.0423 \719 ?q-, Re: Westfield's Comments and Proposed Revisions to Tukwila's Draft Sign Code Thank you for this opportunity to provide comments on the latest draft of proposed changes to Tukwila's Sign Code. We appreciate the significant time and effort by your staff and your Planning Commission to develop a recommended ordinance that incorporates positive changes to the City's regulation of signage and offers reasonable flexibility through a new Master Sign Program process. Although Westfield is currently vested to the existing sign code through its Development Agreement, Westfield plans to seek approval of a Master Sign Program under the proposed ordinance. With two modifications to proposed Section 19.32.060 - Allowable Modifications Under a Master Sign Program, as described in more detail below, Westfield supports adoption of this ordinance as drafted. 1. Maximum Area of Flush- Mounted Building Signs — Section 19.32.060.A.2. As currently drafted, the maximum area of a flush- mounted building sign (wall sign) in Commercial and Industrial Zones, without approval of a Master Sign Program, is limited to 150 square feet for an Exposed Building Face of over 5,000 square feet. See proposed Section 19.20.050.A. Table 2. With an approved Master Sign Program, available for sites of 15 acres or more with buildings totaling at least 200,000 square feet, this may be increased to six percent of the Exposed Building Face, up to a maximum of 250 square feet. Under the City's existing sign code, Section 19.32.150 allows Planned Shopping Centers �� (Mall) to have wall signs up to 6% of the Exposed Building Face up to a maximum of 500 t' square feet. Westfield has been subject to the existing sign code provisions for a Planning ftc Shopping Center and has been allowed wall signs up to 500 square feet. The draft proposal, ` even with approval of a Master Sign Program, would make a few of the existing wall signs at Westfield Southcenter nonconforand would reduce, y a ,t e maximum size of any fm would like to avoid creating any nonconformities. • • Tukwila City Council 2 - June 28, 2010 Westfield understands that the City may want to limit the maximum wall sign area in certain areas. However, for a regional mall, with multistory anchors and large exposed building faces, the existing sign code provision, that allows a 500 square foot maximum wall sign, is reasonable and should not be reduced in the new sign code. Westfield proposes that Section 19.32.060.A.2. be modified to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively - approved Master Sign Program: 2. Increase in the area of a flush- mounted building sign, allowed per Section ' 19.20.050.A, of up to six percent of the exposed building face, up to a maximum of 250 square feet.., except for sites larger than 85 acres where the maximum shall be 500 square feet. 2. Maximum Area and Height of Grand Monument Signs — Section 19.32.060.B.2.d The draft ordinance, in proposed Section 19.32.060.B.2, would allow, through a Board of Architectural Review approved Master Sign Program, the establishment of larger monument signs in the TUC and TVS zone, identified as Grand monument signs. Such signs would be subject to several limitations. Westfield is requesting changes to the maximum message size and structure height of Grand monument signs. As drafted, the sign message area for a Grand monument sign may be increased up to 100 square feet per side, 200 square feet total. The total height of the sign structure may not exceed the height of the tallest building on the premises. Grand monument signs are needed by Westfield to provide a critically needed visible presence to passing motorists on I -5 and I -405. Westfield's location, well below the grade of the adjacent freeways, causes motorists to pass by the mall without seeing the unique and attractive dining and entertainment opportunities at the mall. Indeed, the recent major expansion along the south side of the mall, with its bold architecture and inviting restaurants, is not seen by these motorists. I am attaching a copy of the letter I submitted to the Planning Commission that provides photographs depicting this situation and provides further information on the need for visible Grand monument signs to let the traveling public passing by Tukwila know of the unique offerings of Westfield's Southcenter mall. We had proposed to the Planning Commission a sliding scale approach to message size, which would have increased the maximum message size for Grand monument signs as the acreage of a site increased, with a maximum message area of 1,200 square feet per face and 2,400 square foot total for a site of 85 acres or more. We also proposed a maximum height of 55 feet above the tallest building on premises 85 acres or larger. The highest building at the mall is roughly 90 feet tall, which would have meant a total height for the sign of 145 feet. The • Planning Commission did not include these provisions in its recommendation. C:\DOCUMENTS AND SETTINGS \NLEE\DESKTOP\L062510 BCNL2.DOC • Tukwila City Council - 3 June 28, 2010 We are proposing to the City Council a compromise to our previously proposed standards. We are asking your approval to modify the current sign code draft to allow Grand monument signs, on sites 85 acres or larger, a maximum message area of 500 square feet per face and 1,000 square total, and a maximum height of 115 feet. The 500 square foot message area is consistent with the maximum size of a wall sign under the existing code for Planning Shopping Centers and the maximum size of wall signs as requested above. The 115 foot height limit is the maximum height currently allowable for any structure in the TUC and TVS zone. This is roughly 25 feet taller than the tallest building at the mall. Westfield believes that introducing such Grand monument signs at the mall would attract more shoppers and diners to Tukwila and, through the proscribed Board of Architectural Review process, would be designed appropriately and consistently with the mall and its surroundings. The specific requested changes for Grand monument signs, in redline form, are as follows: 19.32.060 Allowable Modifications Under a Master Sign Program. B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 2. Grand monument signs, subject to the following standards: • a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f Total height of the sign structure may not exceed the height of the tallest building on the premises-, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. C:\DOCUMENTS AND SETPINGS\NLEEIDESKTOP\L062510 BCNL2.DOC • • • Tukwila City Council - 4 - June 28, 2010 Again, Westfield appreciates the work of your staff on this important code amendment and asks for your favorable consideration of these two modifications to the current draft. BC:bc Enclosure cc: Jack Pace Brandon Miles Antony Ritch Andrew Ciarrochhi CADOCUMEND1 AND SETTAGSIAT.EEADESKTOERL062S 10 BCNL2.DOC Very truly yours, Nicholas Lee Development Manager • • • �estlield April 8, 2010 Tukwila Planning Commission 6300 Southcenter Blvd., #100 Tukwila, WA 98188 Re: Westfield's follow up comments to Tukwila's Draft Sign Code Honorable Planning Commissioners: Westfield, LLC 2800 Southcenter Mall Seattle, WA 98188 T 206.246.0423 F 206.244.8607 Thank you again for extending the public comment period on the proposed changes to Tukwila's Sign Code. We are responding to questions that were raised at the public hearing March 25, 2010 regarding Grand Monument Signs and our letter dated March 25. Again, one primary goal of signage at Westfield Southcenter is to welcome and invite patrons to the center to increase the sales performance of our retailers. The signs at Westfield Southcenter need to communicate this message: Southcenter and Tukwila represent a unique, attractive, high quality shopping, dining and entertainment experience. The increase in height and message area for the Grand Monument Signs is required to achieve that objective. As demonstrated in our presentation at the public hearing, the current "branding" of Southcenter from the freeways is limited to the .following: vL3T r.-_a L_ . umamim° Tacoma m r sou. Act ^ter o f � � I Por flan' I 4 c: a ,: -•� B'. -a S �? / 1 View on southbound I -5 of the WA -DOT "Southcenter" sign: it can get lost in all the other messaging for Renton, Tacoma and Sea -Tac (other regional retail alternatives). • • • Tukwila Planning Commission April 8, 2010 View on southbound I -5 of the existing Southcenter freeway interchange sign —the current sign area and height is not adequate to communicate the high quality shopping environment and reinvestment to passing motorists. C:\Documents and Settings\nlee.WESTFIELD\My Documents\Southcenter Mervyn \City of Tukwila\Sign Code\2010 03 \Westfield Sign Comments 201004 08.doc Page 2 of 5 View on northbound I -5. The south expansion of the mall is not obviously visible to passing motorists given the topography and difficult sight lines. On I -405, where there is no view of the south side of the mall, there is no visual evidence that the mall has been expanded or revitalized in 2008 other than portions of the back of the AMC building. The existing freeway interchange sign is also circled above. Tukwila Planning Commission Page 3 of 5 April 8, 2010 Anecdotally, we still encounter many residents of Seattle and Bellevue that tell us nearly two years after our 2008 expansion that they had no idea we have improved the shopping center so dramatically. Potential shoppers and tourists from SeaTac Airport going to their cruise ship terminals in Seattle also have little chance to identify the Southcenter area as a retail destination from their taxis and shuttles on SR 518 to the 1 -5 interchange. If they knew of the mall's location they might choose to spend time at the end of their cruises at Tukwila's retailers and restaurants while waiting for their return flights home. This photo was taken from an elevated position overlooking the interchange of SR518 and I -5. The existing freeway interchange sign is not discernable from SR518 for passing tourists and motorists coming from SeaTac airport. C:\Documents and Settings \nlee. WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code \2010 03 \Westfield Sign Comments 201004 08.doc • • • • Tukwila Planning Commission April 8, 2010 In our letter dated March 25, 2010, we proposed a sliding scale for the Grand Monument Signs' maximum message area and height. As a point of reference, the existing message area of the mall's freeway interchange sign is 225 sq.ft.(12.5'h x 18'w) and the height is roughly 125 feet. By comparison, the proposed Grand Monument Sign maximum message area of 1,200 sq.ft. (60'h x 20'w) and height for the mall at 55 feet above the tallest building on the premises at 90 feet, or 145 feet total is shown in the photo below. As you can see above, we strongly believe that the proposed maximum size and height is harmonious and appropriate in the shopping center environment at Westfield Southcenter. The design of all Grand Monument Signs would still be subject to BAR approval under the proposed Master Sign Program. C:\Documents and Settings \nlee. WESTFIELD\My Documents \ISouthcenter Mervyn \City of Tukwila \Sign Code\2010 03 \Westfield Sign Comments 2010 04 08.doc Page 4 of 5 Tukwila Planning Commission April 8, 2010 Page 5 of 5 We at Westfield Southcenter are always available to continue a dialogue with you on this very important subject for the City of Tukwila. We welcome your feedback. Thank you again for your attention. Very truly yours, Nicholas Lee Development Manager Enclosures Cc: Tukwila City Council Jack Pace Nora Gierloff Brandon Miles Antony Ritch Andrew Ciarrocchi C:\Documents and Settings\nlee.WESTFIELD\My Documents \!Southcenter MervynslCity of Tukwila\Sign Code\2010 03 \Westfield Sign Comments 201004 08.doc • • • Brandon Miles - Sign Code Update From: "James Adams" To: Date: 06/28/2010 3:43 PM Subject: Sign Code Update CC: "'Finch, Shannon"' , "'Scott, Judy'" Page 1 of 1 Brandon, I have reviewed the online version of the signage code update and have a number of concerns on behalf of our client BECU. The code does not address the unique aspects of BECU's situation and we feel it needs to. The Tukwila BECU is a single tenant office campus of over 100,000 SF. As such it is a unique property unfairly put at a disadvantage under current signage criteria and the new proposed code. The code addresses large tenants that share a property (Landmark Businesses) civic oriented businesses in residential neighborhoods (Institutional Use) and facilities over 200,000 SF (Master Sign Program) but ignores single businesses of over 100,000 SF (Corporate Headquarter Campuses). These types of businesses are major employers contributing greatly to the overall health and wealth in the community and as such have specific needs that the code should address. We suggest the following new criteria for properties of this type: A. Building Fascia Signage: The building needs to be easily identified from the adjacent surface streets and the 1 -5 freeway. To enable this, a sign identifying the tenant should be permitted on any and /or all four sides of the building. Each sign should be limited to a maximum area of 500 sf. per sign. Signage should be located as high on the building as possible. Signage may be internally or externally illuminated. If externally illuminated the lighting source must be shielded to prevent glare. B. Pylon Signage: If the building utilizes only 1 or 2 fascia signs it may also have a pylon sign with messaging on two surfaces. The pylon sign may be up to 20 feet taller than the highest point of the main campus building. The signage component is limited to a maximum of 200 sf per face. C. Entry ID Signage: This building's main entry is over 100 ft. from the street and as such it requires a sign identifying the name of the business at the entry. This sign should be pedestrian focused, not higher on the building than 20' above grade and be located within 30 feet of the entrance. Total area of the sign is a maximum of 150 sf. The sign may be illuminated. D. Driveway Signage: The campus has multiple driveways, adequate signage is needed to aid drivers arriving at the facility. Each driveway entrance should be signed with one sign. The signage should contain a logo identifying the business and directions, i.e. deliveries, drive -up tellers, etc. The overall graphic area of each sign should not exceed 75 sf. E. Promotional Signage: From time to time the business needs to take the opportunity to promote itself. Large scale temporary graphics should be permitted on each side of the building. Signage is allowed to be up for a maximum of 120 days. Signage is limited in size to no more than 50% of the area of the side of the building onto which it is being displayed. Thank you for your consideration. Regards, James James D. Adams 1 Principal 1 5IVECREATIVE 1 206 - 264 -1414 P 1 206 - 264 -7795 F 1 www.5ivecreative.com F:le. / ICI . \ +o.«.. \vD .,....,;n nr74011 nn ,. , 1 nn1 2 (110Z( 1 1 1 OKTIO1 \ 1J nnnn1 hQN)) 1 n d �► The building is unique in many ways, first it is a medical dental building with 18 rentable spaces. After 30 years here there are still people that don't know it is medical dental. Second, each tenant would like . some designation as to their tenancy. Lastly, we front on two streets, Strander and East Andover Way. We'd like signage on both. . I've had complaints about lack of signage and now have two vacancies attributable to patients notable to find their physician or dentist. 0 ecause of this and the unique nature of the building your new sign restrictions are difficult to work with. lease consider these two signs. • MEDICAL CE .TERs, LLC Subject: RE: Sign Code Public Hearing Dear Ms. Amesen, Please put me on the agenda the 28th. I have enclosed proposals for two signs for the Southcenter Professional Plaza Bldg. Jerome Baruffi Managing partner of Medical Centers Co. FlEeEIVED JUN 2 5 2010 CITY OF TUKWIt_A CITY CLERK 411 Strander Blvd. #108, Tukwila, WA 98188 - office 206.575.1551 - phone: 253.508.1293 email: diana@medicalcentersllc.com es 19' -8 3/4" 3' -8 3/8" 8 "- -1' -0 "- -8d FLAT CUT OUT 1" ACRYLIC LETTERS NON - ILLUMINATED 3' -8 3/8" V-10 5/8" 6-0 ' TENANT PANEL 7'-6 7/8' TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE 1Vl EDICAL D ENTAL. BUILDING TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE TENANT NAME HERE 5' -1 7/8" 11' -1 3/4" OVERALL 8' -0" TENANT PANEL NON - ILLUMINATED WHITE ALUMINUM FACE WITH VINYL DIVIDER BARS AND VINYL TENANT GRAPHICS ALUMINUM FIN DE SIGN 0 NEW DOUBLE FACED NON- ILLUMINATED PYL. SPLAY SCALE 3/8 "= 1' -0" FLAT CUT OUT 1 /2 ".'ACRY..LIC LETTERS NON- ILLUMINATED OPTION 2 WHITE ACRYLIC RODDA PAINT 8753 RODDA PAINT 8751 RODDA PAINT 8749 • June 22, 2010 To: Honorable Mayor Jim Haggerton and the Tukwila Council Members n J: mes B. Carpentier, AICP A i h t tegislative Consultant imp 480- 773 -3756 jbcconsultant @gmail.com q0 10000 N. 31st Avenue, Suite D400 • Phoenix, AZ 85051 Ph: 888.856 -6972 • Fax: 602.789 -9126 • info @nwsigncouncil.org RECEIVED JUN 2 2 2010 CITY OF TUKWILA CITY CLERK On behalf of the Northwest Sign Council I have attached some recommendations for the sign code update. The Northwest Sign Council (NWSC) is the trade association representing the on- premise sign industry in the Pacific Northwest and, therefore, an important stakeholder with respect to sign regulation. We outinely work with and assist local officials with issues concerning sign regulations and procedures, bringin expertise relating to technology, regulatory options and procedures to the table. Brandon Miles has agreed to make some minor administrative changes to the code based on our recommendations. Brandon has done a good job in many areas of the sign code that were not effective. The Northwest Council is requesting some additional changes that will be up to the Council. The three areas that we respectfully request your careful consideration are the following: • A slight increase in the height of monument signs to provide for safe and effective viewing of monument signs and support the Tukwila business community. • Allow non - conforming signs to have a uniform date for a grace period of ten years. The proposed code requires that the grace period be from the last legal face change. This would mean that each legal non - conforming sign would have a different date for compliance with the sign code. For instance, a sign that had a face change within the last year would be required to bring the sign into compliance in 9 years. If a sign on the adjacent property had a face change 10 years ago that would require that this owner bring the sign into compliance immediately. The NWSC believes that this is not fair or equitable to business owners as it will create an uneven playing field. • Allow for freeway signs with Council approval by development agreement outside of the Regional Gateway area. This will allow the Council to provide for freeway signs as the Council deems appropriate outside of the Regional Gateway area. We believe that these recommendations will assist in sustaining and supporting the Tukwila business community by ensuring equitable, safe and effective sign regulations. On behalf of the Northwest Sign Council, thank you for your consideration of our recommendations. Sincerely, • • Carpentier Consulting LLC James Carpentier AICP Sign Legislation & Entitlement Government Relations R ECEIVED JUN 2 2 2010 CITY OF TUKWILA CITY CLERIC www.carpentierconsulting.com jbcconsultant @gmail.com 480 - 773 -3756 June 22, 2010 Sent via email to: Honorable Mayor Jim Haggerton and the Tukwila Council Members Re: Northwest Sign Council Sign Code Recommendations On behalf of the Northwest Sign Council I would like to thank you for the opportunity to provide comments on the proposed sign code for Tukwila. The Northwest Sign Council (NWSC) is the trade association representing the on- premise sign industry in the Pacific Northwest and, therefore, an important stakeholder with respect to sign regulation. We routinely work with and assist local officials with issues concerning sign regulations and procedures, bringing expertise relating to technology, regulatory options and procedures to the table. Northwest Sign Council Recommendations Additions are in underline red Deletions are in Northwest Sign Council comments are in bold italics 19.20.030 Permanent Signs in Residential Zones A. Institutional uses and multi - family complexes are permitted one flush mounted wall sign per building and one freestanding monument style sign for each public street that provides access to the premise. B. Monument Sign Design Standards 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five (5) feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The signs may only use indirect lighting methods, except for dynamic signs as allowed under 19.20.30 D. The lighting shall have no spillover impact on adjacent properties. • Without the exception noted, this section will conflict with 19,20.30 6, which does not allow direct lighting from the sign face. 19.20.030 Permanent Signs in Residential Zones • • A. Institutional uses and multi - family complexes are permitted one flush mounted wall sign per building and one freestanding monument style sign for each public street that provides access to the premise. B. Monument Sign Design Standards 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five (5) feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The signs may only use indirect down lighting methods. The lighting shall have no spillover impact on adjacent properties. The Down lighting will eliminate any illumination that is facing up and can add to dark sky issues. See the attached study from the United States Sign Council that addresses indirect lighting methods. D. Dynamic Signs in Residential Zones 1. One monument sign per premise as permitted under section TMC 19.20.030 B may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7am to 10pm. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. B. Maximum brightness levels for electronic signs shall not exceed .3 foot candle above ambient light conditions, measured 100' from the sign face. The Northwest Sign Council recommends that nighttime illumination levels be maintained for dynamic signs We believe that .3 foot candle will function well in all situations in residential districts (this equates to around 323 NITS which is less than the previous standard in the code of 500 NITS). This recommendation is base on the International Sign Association guide lines for electronic sign illumination levels 2. Notice of understanding: The operator of any dynamic sign installed per this subsection must submit a letter to the Director which states that the organization understands and agrees to abide by the above requirements. • 19.20.040 Permanent Freestanding Signage in Commercial /Industrial Zones Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs < 400 feet 36 sf per side /72 sf total 54 sf per side /108 sf total 6 8 feet 1 400 -599 feet 50 sf per side /100 sf total 70 sf per side /140 sf total 7 8 feet 1 600 -799 feet 60 sf per side /120 sf total 80 sf per side /160 sf total 78 feet 1 800 -999 feet 66 sf per side /132 sf total 88 sf per side /176 sf total 8 10 feet 2 , if there are two or more vehicular street access points 1000 feet and over 72 sf per side /144 sf total 96 sf per side /192 sf total 8 12 feet One for every 400 feet of linear street frontage. Each sign must be located near a vehicular street access point. Only one sign per access point. Monument signs are permitted within all commercial and industrial zones subject to the following standards: A. Design Standards: Each premise is permitted to have one freestanding monument style sign. Additional monument signs are permitted if the premise contains over to 800 feet of linear frontage on city or quasi - public streets perTable 1. Table 1 — Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Monument signs under 12' are not effective nor safe for the users. Areas that have higher traffic counts, vehicles and landscaping can • • make the safe and effective viewing of monuments dihicu /t. See the attached study by the United States Sign Council, that supports this recommendation. 19.32.080 Regional Gateway Sign or Freewav Sian In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by Development Agreement, on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Southcenter area of the City. The City may allow by development agreement on property adjacent to one interstate highway, installation of one freeway sign. The standards for such signs shall be set forth in the Development Agreement. By not a/ /owing freeway signs in the sign code that can function effectively, there will be a negative impact on the business community of Tukwila. 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs B.C.Grace Period for Permanent Signs that complied with the previous Sign Code Signs which were installed under the City's previous Sign Code, which was adopted by Ordinance 1274 and amended by Ordinances 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non - conforming after adoption of this Code may be issued a non - conforming sign permit that will allow them to remain for a ten year grace period from the date of Ordinance (insert the ordinance number and date of adoption for this sign code amendment). lagt=legel=ftte=elslene=citgis Legal face change shall be defined as the date on which the City last issued a sign permit for a face or copy change for the subject sign. This section does not apply to signs that were classified as "freeway interchange" under the previous Code. The Northwest Sign Council recommends that the grace period for non- conforming signs commence at the time that this sign code amendment is adopted. A number of signs will have a substantially reduced grace period due to sign face of copy changes that have been made prior to the adoption of the sign code amendment, Thank you for your consideration of these recommendations. Please do not hesitate to contact me with any questions concerning these recommendations. Sincerely, James Carpentier AICP Legislative Consultant Northwest Sign Council • • • Recommendations: Cc: Patti King — NW Sign Association national sign Maintenance provision is not legal but do not object to inclusion in sign code. Non - conforming sections — all are not legal and should be stricken — recommend sign association re- writes this section based on more standard language. Permanent Signs — Commercial Industrial zones — recommend 25' height limit and 150 square feet per side with a 50' height limit and 300 square foot per sign face allowance — if permit request goes through a city design review process and receives majority approval of the design review board. Minimum number of Signs - Freestanding or Monument — should be one sign per 300 feet of frontage with a second sign allowed for properties with over 300 feet of frontage or on a corner location that has at least tow frontages of 100' or more each. Monument signs can be up to a maximum of 100 square feet per side and 12' in height. Maximum permitted width 16'. Wall signs — shall be allowed for up to 10% of the building elevation area. April 22, 2010 Mr. Brandon Miles City of Tukwilla 6300 Southcenter Blvd. Suite 100 Tukwilla, WA 98188 To: Mr; Brandon Miles — City of Tukwilla From: Tim Zamberlin - National Sign Corporation RE: Issues with the sign code draft: national sign Intent of the code is relative and has no factual basis for the restrictions recommended. Code does not due what it states is intended — it does not allow for business identification that is not unduly hindered by regulation Abandoned signs — this definition needs to be re- edited - would recommend using the standard definition of abandoned signs that can be seen n other codes. Monument Sign — change the definition to — low profile sign that is no more than 12' in height. Exempt signs: Directional sign should be increased to 6 sq ft. per face exempt from code requirement. Sign permit applications should be completed and approved within 14 days of submittal. In any case signs should not take more than 60 days for approval unless mutually agreed to extend permit time by city and applicant. Signs should be valid for 1 year from approval date with ability to extend for 180 days. Any contractor operating within the city without a business license shall be required to pay a penalty of $250.00 and contractors do not have to sign a an affidavit that they have read the city sign code specifically: Permits required and Non - Conforming signs. • • • .ye o \ � � F ft\ ft ProF 6 , U c- l� c�a�� vv1 rite ►'t�5 sA c , c ' tc_\ 3 sc_likcs,c\(_\ -2c)G z�� -96.21 0 ,sect*c_ upe„. RECEIV JUN 2 4 2010 cIT of r� CIT CLERKIL4 • • Presentation by Karlyne lwata for Tukwila Sign Code Update The Mikami Family Early Life in the U.S. • Immigrated from Japan Worked in Hawaii sugar cane field, WA sawmill, various farms • Arranged marriage (1912) • Leased dairy farm (1915 — 1926) Alien Land Law forced sale • Bought 19 acres on Southcenter Parkway — 1926 Cleared land, started farming in 1929 • Worked hard to provide for family World War II • Family interned (1942 -46) at Tule Lake (CA) & Heart Mountain (WY) • All children but one son, sent to internment camp • 4 children served in the military during WWII 3 boys in U.S. Army, 2 in 442nd infantry unit Daughter volunteered for Women's Army Corp Post War • Grandparents returned to farm with 2 children • Grandmother and children rebuilt farm • Property developed staring from south (Wendy's) • North most property developed after Grandmother left farm Present and Future • Family dependent on income from property • Keep the property within the family • Brown house gone, fond memories remain • • • Proposed Sign Code Update Effect on Small Business 1. Current proposed sign update for small shopping centers on Southcenter Parkway reduces streetfront sign size by 52% and reduces the height from 20ft' to 6 ft' a. Effects on small centers and small business from the reduction in sign size and height i. Harder to see and read from a moving vehicle ii. Loss of sales volume in small businesses = loss in sales tax iii. Loss of business to competing towns with better signage (Kent, Renton)= loss of sales tax iv. Lower rents due to lower sales volume = loss of property value v. Loss of property value = Less property taxes and Tess development b. Effect on small business located in small shopping centers i. Reduction in signage makes small businesses harder to find ii. Customers might not know business exist if can't see the sign iii. Fewer Customers = Loss in sales and loss in sales tax revenue c. Small Shopping center design i. Buildings are designed to maximize square footage and sales volume ii. Buildings are designed for small business layouts iii. Pylon signs allow small business to have maximum exposure iv. Pylons signs allow exposure for small business hidden from the road v. Pylon signs allow exposure for business that don't face the street 2. Proposed Action a. Allow landlords on Southcenter Parkway from Strander Blvd to S 188 St. to have the option to keep or install pylon signage or choose monument signage* *See attached added language in Proposed Sign Code Update • c Brandon Miles - Re: Sign Code presentation - outline From: To: Date: 06/24/2010 6:10 PM Subject: Re: Sign Code presentation - outline Attachments: Brandon, Thanks for the suggestion. I've added the info to the attachment. Karlyne Original Message From: Brandon Miles <bmiles @ci.tukwila.wa.us> To: tk2iwata©aol.com Sent: Thu, Jun 24, 2010 6:01 pm Subject: Re: Sign Code presentation - outline Karlyne- • I would highly suggest that you put your name on it and what its regarding (sign code update). That way when you are talking they can be looking at it. Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles@ci.tukwila.wa.us »> <tk2iwata ceaol.com> 06/24/2010 5:27 PM »> Brandon, Attached is the outline of my presentation to provide to the Council. Karlyne Iwata Page 1 of 1 1-• no. nr1 "1oVoz4„v 001 '2(1'70401 1O 1\r_UJi LT 114/10/1010 Southcenter Parkway Northbound @ Wig Blvd Proposed Sign To small to read Southcenter Parkway Northbound @ Wig Blvd Proposed Sign ..Cannot Be Seen Blocked by traffic Existing Sign Southcenter Parkway Southbound Existing Sign 411 1* t 0 ' ' F'roposed Sign, Cannot be seer Blocked by traffic. Southcenter Parkway Southbound Existing Sign s,, • • "Portable Sign" means a sign which is not permanently affixed to a structue andkis designed for or capable of being relocated, except those signs explicitly designed for peoe to carry on their persons or those permanently affixed to motor vehicles operating in their normaecalse of business. "Projecting Sign" means a permanent sign which is perpendicular o the bu nch g �f agade and which is suspended from a bracket, armature, or which is cantilevered o-the building. 7, , Premises means one or more contig: ous lots of record developed at one point in time as a single unit development. not separate by right and owned #or managed by the same individual or entity. "Pylon Sign means e p ans a erma sig i which the si n cabinet is mounted on a pole or pylon. ' "Residential zone" means any area of the City zoned LDR, MDR or HDR. "Sight Distance Triangle" - �D gna�m 1l eaed L. i.... u-3 i .ai.w. "Sign" , means materials placed or constructed, or light projected, that (1) conveys a message or image ': andrr i`�s' use o nform�o° r�attract the attenti`aniath'ecpubb itibuttn©tiinclu'dlr g- any {lawfuhdisplapof� . -- -.1, -a -: merchandise. Some examples of 'signs' are materials or lights meeting the definition of the preceding B. Miles Page 6 06/24/20100-34-5404-0 C:\ Users \Christian\Documents \GENERAL PROJECTS \Tukwila Sign Code ReviewDraft 2.docW:`,. -Ran b - - • - . .. _ . ..:.- . .. _ . • • sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term 'sign' does not depend on the content of the message or image conveyed. "Sign Area" means the entire area within a continuous perimeter composed of straight lines or arcs enclosing all elements of the sign copy including text, logo, and designs together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contain the sign element. D:grm Needed "Southcenter Parkway Corridor" means the portion of Southcenter,parkway from Strander Blvd to South 188th Street. "Temporary Sign" is a sign that is only permitted to be display d,f ra limited p erio n of time, specified by this Code, after which it must be removed. "Tukwila International Boulevard Corridor means that area of t City which is subj to he City's Tukwila International Boulevard Plan and which is depicted in2oning Code Figure 18 -9. (`- -I "Window Sign" is a sign which is applied to a window or mounted,or directly behind a n u� � window. et > 'emporary`isa sig_n�w is applied dpr to a window or mounted or suspended "Window Sign, directly behind window and 'is;designed;.constructed.'and intended for display on real property for not more than i percalendar qua. tr for anyparticular sign. "Wireless Community Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, which is used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices, and other similar services that currently exist or that may in the future be develo • ed. B. Miles Page 7 06/24/20100312-540-1-0 C: \Users \Christian\Documents \GENERAL PROJECTS \Tukwila Sign Code ReviewDraft 2.docW:\LongRange Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs < 400 feet 36 sf per side /72 sf total 54 sf per side /108 sf total 6 feet 1 400 -599 feet µy _ 50 sf per .side, /100sf total 60sper side /120 sf total 70 sf per side /140 sf total. "8 s0 fper�'" side /160 sf total 7 feet '7�feet�1 1 "'�"° 600 -79 ~ 9 feet '" 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five (5) feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The signs may only use indirect lighting methods. The lighting shall have no spillover impact on adjacent properties. C. Flush Mounted Building Signs (Wall Signs): Design Standards 1. The maximum area of any flush mounted building sign is limited to the calculation from Table 2 found under TMC 19.20.050; however in no case shall the a e °of a flush mounted building sign be greater than 50 square feet. 2. Lighting for flush mounted building signs shall be limited to indi ececoncealed, and backlit devices. The lighting shall produce no spillover or Mare onto adjacent N C. devices. • D. Dynamic Signs in Residential Zones 1. One monument sign per premise as permitted nder section�,TMC 19.20.030 B`maycontain a dynamic feature. The following design standards appplyto all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear an tdisappear as one image: :The image may not appear to flash, undulate, pulse, or portray expIosions fireworks, flask,of light, or blinking or chasing a lights, or appear to move to �dor: :away, from the vie er ,to expand, contract, bounce, rotate, spin, twist, scroll, travel'or otherWls.4tortray movement. c. Illumination of the dynamic sign is mit d fo�the�hours of lam to 10pm. • 2 ,� li ,y �,,..: . Notice of understandi�ng:The operator of��ny.�dynamic srrmstalled per this subsection must submit a letter to tlie"Director'wh states that the organization understands and agrees to abide by the above requirements. 19.20.040 Permanent Freestanding,Signage in Commercaai /Industrial Zones Monument signs are permitted« wth n alkcommercial -and industrial zones subject to the following standards. Rylonsaignstare permitted within the'.So.uthcenter Parkway Corridor. At the time of permanent ign appli a ioin the applicant must choose either a monument or pylon sign: A. Design Standards'. Each premiss permitted to have one freestanding monument style sign, unless premises is located in the Southcenter'Parkway Corridonthan it shall be allowed to choose either a monument sign or a pylon r sign. Additional�rnonument signs are permitted if the premise contains over to 800 feet of linear frontage on city or quasi -pAl treets p / er Table 1. Table 1- Design Standa'ds%for Permanent Monument Signs in Commercial and Industrial Zones B. Miles Page 18 06/24/201003/25 /2010 C: \Users \Christian \Documents \GENERAL PROJECTS \Tukwila Sign Code ReviewDraft 2.docW:`T ong R - .testrepv1.a..ni_ -:,,ems . 800 -999 feet 66 sf per side /132 sf total 88 sf per side /176 sf total 8 feet 2, if there are two or more vehicular street access points 1000 feet and 72 sf per 96 sf per 8 feet One for every 400 feet over side /144 sf total side /192 sf total 75 sq.ft. with a total of 150 sq. ft. of linear street frontage. ft. for all sides identifies 400 ft. Each sign must be located near a vehicular street access point. 35 ft or no higheitthan the top of the building it ft for all sides :;;`'•:identifies ``\ , Only one sign per access po = .. - • Iaole L - LJCJ1 Street JLallual uA 1Vl 1 Gl Ltaca l.aac a ....,•• v...... Sign Area /Sign - -- - - - -- ....v ---------- --- - -- Maximum l eight Frontage I Up to 200 ft. 50 sq.ft with a total of 100 sq. ft. 35k r- higher than the top of the Puiltlifig it for all sides identifiesa' :\. .2' 200 to 400 75 sq.ft. with a total of 150 sq. ft. 35 ft or nOlaighetthan the top of the building it ft. for all sides identifies 400 ft. 100 sq.ft. with a total of 200 sq ��.. 35 ft or no higheitthan the top of the building it ft for all sides :;;`'•:identifies ``\ , • Allowable sign message area is either the face panel of the sign or for cha nel letters or signs pamLea on seating or retaining walls that portion of the sign devoted to the actual essage, logo, or business name. Total size is the entire area of the sign including the support structu` B. Setback •. ' 1. Monument Signs All monument signs shall be la ed• t a Minimum of five (5) feet from all property lines. No sign talletr ans3feet shall be placed thes distance triangle of an access point unless it can be demonstrated the sign willf•not pose a safety issue by reducing visibility. 2. Pylon Signs Anppylon signvshall be set back from all property lines a distance at least equal to the overall height of the sign re� C. MaximumWidthr. The maximum permitte nument sign is 15 feet. D. Address In order tO`f ilitate emergencytresponse, all new freestanding signs shall have the address number or address betge of the p eise listed on the structure. The address shall not be counted towards the allowable sig message area's imit. Address numbers must be plainly legible and visible from the street fronting the pperty. ese numbers shall contrast with their background. Address numbers shall be Arabic numera )p'habet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width opP5 inches. e E. Undeveloped Rights of Way In some areas of the City, such as Interurban Ave, where large undeveloped rights of way are present the City shall allow these areas to be considered part of the premise of the adjacent properties and will allow monument signs allowed for the adjacent premise to be placed within these areas. The property owner must secure permission from the owner of the right of way and also agree to maintain the non - travelled .portion of the right of way along_with his /her adjacent property. The sign setback will be calculated from the of si back edge ewalk or st et edg which ever`is fortheTlfrom°tlieVreet - -,-- - - - --•�- --- ,----- --,.., - •` B. Miles Page 19 06/24/201003/25 /2010 C:\ Users \Christian\Documents \GENERAL PROJECTS \Tukwila Sign Code ReviewDraft 2.docW:`T ong Rtee • TO: BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Nora Gierloff, Community Development Deputy Director DATE: June 4, 2010 SUBJECT: Sign Code Update ISSUE In 2007, the City Council identified a need to update the City's sign code because it was adopted in 1982 and only piecemeal changes had been made since. The Council realized that a complete rewrite of the code was needed in order for the code to reflect changes to the City and the legal environment over the past 28 years. Over the past two years staff has worked with an advisory Committee and the Planning Commission (PC) to develop a Planning Commission Recommended Draft Sign Code which has been forwarded to the City Council for their review and consideration. Jim Haggerton, Mayor Here is an overview of the public involvement process that was used to develop the new code. Public participation and public outreach have been the cornerstone of the update process. Sign Code Advisory Committee Given the significant impacts that signs have on the community, the City Council established a Sign Code Advisory Committee (hereafter: Committee) to assist in the update process. Council Resolution 1656 established the Committee and specified that the Committee must include two Councilmembers, one Planning Commission member, three residents and two business representatives. The Committee conducted six meetings to provide input on various issues related to regulating signage within the City. Topics discussed included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings were open to the public and staff invited interested parties to come to the meetings to address any concerns, provide recommendations, or provide suggested courses of actions. Joint Meeting of the City Council and the Planning Commission The work of the Committee culminated in a report titled, "Sign Code Advisory Committee Policy Recommendations ". On January 29, 2009, a joint meeting of the City Council and Planning Commission was held to brief both bodies on the completed work of the Committee. Both the City Council and the Planning Commission expressed general support for the recommendations provided by the Committee, but were interested in more specific details. Planning Commission Review Following the joint meeting, the Planning Commission conducted four workshops to review in detail the proposed recommendations of the Committee. It was at this time that the vision of the INFORMATIONAL MEMO Page 2 Committee began to be laid out into formal code language. The Planning Commission was supportive of the recommendations of the Committee and made only minor changes. In spring of 2010, the Planning Commission was presented a Public Review Draft Sign Code for their review and consideration. On March 25, 2010, the Planning Commission held a public hearing on the proposed code. Testimony was received from Westfield Southcenter, Bob Schofeld, and the King County Realtors Association. Following the meeting the PC incorporated some of the public comments. On April 22, 2010, the Planning Commission adopted a motion recommending a Planning Commission Draft Sign Code to the City Council. Other Public Participation In addition to the work with the Committee and the Planning Commission, Planning Staff has been working to engage other interested parties in the update process. The following actions were completed by staff: 1. Briefing to the Hwy 99 Action Committee (now known as the Tukwila International Blvd Action Committee) prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times. 3. Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with the Westfield Southcenter on several occasions. 6. Staff met with representatives from Clear Channel Outdoors, one of the largest outdoor advertising companies in the Country. 7. Staff met La Pianta to discuss the impacts of the draft sign code on Tukwila South. 8. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 9. Notices were sent to all sign contractors who have done work in the City in the last three years informing them of the availability of the draft sign code, inviting their input and providing notice of the March public hearing. 10. A letter was sent to parties of record requesting specific input on the recommendations of the Committee. 11. Throughout the entire update process the City has utilized a webpage to keep interested parties informed of the update process. The webpage included an HTML link that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. Overview of Draft Sion Code The new sign code, which will replace the existing Title 19 of the Tukwila Municipal Code, contains 11 chapters. The following is a brief overview of the contents of the chapters. B. Miles Page 2 06/08/2010 W:12010 InfoMemos \SignCodeUpdate2010.06.04. doc • • • • INFORMATIONAL MEMO Page 3 1. Intent The first chapter reflects the intent language that was drafted by the Committee and edited by the Planning Commission. 2. Definitions The second chapter defines terms that are referenced in the new Sign Code. Photos are used to illustrate certain definitions. Staff is still developing a few diagrams needed to illustrate terms such as sign area. 3. Administration The next chapter is the administration section which outlines when sign permits are required, what types of signs are prohibited, what notices the City will send, how to appeal a decision and how the City will enforce violations of the Code. As a reminder, consistent with the current sign code only those signs that are "discernible" from the public right of way, adjacent premise, or an adjacent off -site business are regulated by the sign code. 4. Construction, Maintenance, and Removal of Signs The fourth chapter includes requirements for the construction, structural review and maintenance of signs. In keeping with current practice all permanent signs must have a final inspection to be considered legally installed. This ensures that they were safely constructed in accordance with the approved permit. Language regarding the removal of "abandoned" signs has also been included. 5. Permanent Signs This chapter includes sign regulations regarding the number, size and placement of permanent signs within both residential and non - residential zones. The current sign code only allows two main types of permanent signs, flush mounted wall signs and freestanding signs. One of the goals of the sign code update was to expand the sign types allowed within the City and in this chapter ten permanent sign types are permitted under different conditions. The City will also be moving away from pole signs and instead relying on monument signs. Also, tall "freeway interchange" signs will no longer be permitted. In a change from the current code there is no specific limit on the number of signs that may list a certain business, in keeping with the goal of content neutrality. A building and site will qualify for a certain number of signs based on length of street frontage, number of building entrances and building design. The only limitation on the text of the signs is that they reference on premise businesses, products or uses. Finally, language to allow banners attached to parking lot light standards has been added. This type of signage was not discussed by the Committee; however staff and the Planning Commission wanted to include the language for consideration. These can help to bring color and interest to parking lots as well as create an identity for a center. B. Miles Page 3 06/08/2010 W:\2010 InfoMemos \Sig n Code Update2010.06.04.doc INFORMATIONAL MEMO Page 4 6. Temporary Signs The sixth chapter covers the number, size and placement of temporary signs. These signs may be commercial or non - commercial in nature. Like the permanent sign section, the regulations regarding temporary signs are divided between residential and non- residential zones. The Committee had proposed and the Planning Commission supported allowing certain temporary signs for large special events in order to facilitate movement of automobile and pedestrian traffic. 7. Variances The variance process and criteria are similar to the language found in the current sign code. 8. Master Sign Program The proposed master sign program language would provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the needs of larger sites. The Committee was supportive of the concept, but had not reviewed specific criteria for the master sign program. The language found in the chapter reflects language reviewed and adopted by the Planning Commission. A site will qualify for the master sign program if it is at least 15 acres and has a minimum total building area of 200,000 square feet. Sites eligible for the master sign program include Westfield Mall, Boeing, Southcenter Square, and Parkway Supercenter. Additionally, uses that provide emergency services (i.e hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the sign code will also be eligible for the master sign program. Master sign programs that propose to vary the size, number or location of otherwise permissible signs would be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this Code would be reviewed by the Board of Architectural Review. The additional sign types that could be allowed by the BAR are roof signs, taller monument signs, parking structure incentive signs and larger wail signs Master Sign Programs must also include a plan for the removal of any existing nonconforming signs on the premises within three years. 9. Non- Conforming Provisions The next chapter includes non - conforming provisions of the new sign code. The chapter includes the recommendations that were outlined by both the Committee and the Planning Commission. A. Signs that are currently legal but would become non - conforming under the new code would have a 10 year grace period to come into compliance, during which they would be allowed to have copy /face B. Miles Page 4 06/08/2010 W: 12010 J n foMemoslSignCodeUpdate2010 .06.04.doc • • • INFORMATIONAL MEMO Page 5 changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. B. Older currently non - conforming signs, such as those installed to King County code in our annexation areas, could remain indefinitely but would need to come into compliance at the time of a copy /face change. C. Freeway interchange signs would have a 5 year grace period to come into compliance during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. D. A program to provide financial incentives to encourage the removal of non - conforming signs along the TIB Corridor has been proposed. Staff is proposing that a no -fee permit be required for signs that would be non- conforming to the new code. This permit will ensure that property owners and businesses are made aware of the limitations placed on making modifications to their non - conforming signs. 10. Billboards The chapter would establish billboard receiving areas within the City. The billboard receiving areas being proposed are: • Along West Valley Hwy at S. 180 and south to the City Limits. • Along East Marginal Way, north of Boeing Access road Within these receiving areas, static and digital billboards can be installed, provided that a minimum number of existing billboards within the City are removed. For example, to install a digital billboard in a receiving area would require the removal of at least five existing billboards. Specific development standards are provided for new billboards, including minimum spacing. The chapter also sets up provisions to allow reconditioning of existing billboards within the City that are not proposed to be removed. 11. General Provisions The final chapter of the sign code is the general provisions chapter. This chapter is essentially a "catch all" for certain legal statements that need to be included in the new sign code. DISCUSSION The next step in the update process is for the City Council to start their review of the Planning Commission Recommended Draft Sign Code. A considerable amount of public involvement has gone into development of the current draft of the sign code. The process used has created an end product that reflects the needs of the community while also providing businesses and residents with the ability to have much needed signage. Comments received during the Council review process should be weighed against the record that has been developed over the past two years of review. Another item that needs to be worked out is the effective date of the new sign code. Council action on the new sign code could occur by the end of summer. Typically an ordinance takes effect five days after publication; however there maybe a need to extend the effective date of B. Miles Page 5 06/08/2010 W:12010 IntoMemos \SignCodeUpdate2010.06.04.doc INFORMATIONAL MEMO Page 6 the ordinance in order to continue to educate businesses and contractors on the provisions of the new sign code. Staff is considering having the effective date of the ordinance be 30 days from adoption. The added time would allow staff to get application assistance forms modified and to train staff on the provisions of the new code. RECOMMENDATION The Committee is being asked to forward the ordinance to the June 28, 2010 Committee of the Whole meeting for a public hearing and discussion and the subsequent July 6' 2010 Regular Meeting for possible Council action. As always, Department of Community Development staff is available to meet with City Council members to walk through the draft sign code or to answer any questions. Please contact Nora Gierloff or Brandon Miles to arrange a time to meet. ATTACHMENTS Draft Ordinance B. Miles Page 6 06/08/2010 W: 12010 l n foMemos \SignCodeUpdate2010.06.04.doc • • • • • • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way - finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non - motorized forms of transportation; and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed - use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citizens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six times to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and Planning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non - Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and W: \Word Processing \ Ordinances \ Sign Code Title 19.docx BM:ksn 06/10/2010 DRAFT Page 1 of 27 WHEREAS, on April 22, 2010, the Planning Commission adopted a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environrnent of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections. A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the thud party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and/ or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19.08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which W:\ Word Processing\ Ordinances\ Sign Code Ttle 19.docx BM:ksn 06 /10/2010 Page 2 of 27 • • • • • • the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 "Awning" means a fabric - covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Atoning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 'Awning/Canopy Sign, Under" means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off - premise freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building- Mounted Sign" means a sign permanently attached to a building and includes flush - mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial; all properties located along Boeing Access Road; and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this section are satisfied. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City. 19.08.070 "Cabinet Sign" means a geometrically - shaped sign with a translucent face, backlit by an internal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three - dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI, TVS or TSO. 19.08.084 "Corner Projecting Sign" means a tall, vertically- oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department" means the Department of Community Development or subsequent organizational successor. 19.08.091 "Digital Billboard" means an off - premise sign that uses digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other W: \ Word Processing \ Ordinances \ Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 3 of 27 component of the sign. This includes a display that incorporates a fechnology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that can be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face' means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure, 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry /exit point or industrial zone, but not separated by a physical barrier from the entry /exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted in Attachment C, attached hereto. 19.08.150 "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H, 19.08.155 "Institutional Ilse" means any non - residential use Located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are riot limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 "Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi Fannily Complex" means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.185 "Off Premise Signage" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Stnuc(ure Incentive Sign" means a flush- mounted building sign permitted on parking structures and intended for periodic changes in copy. 19.08195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity. 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. W: \Word Processing \ Ordinances \ Sign Code Tille 19.docx sM:ksn 06/10/2010 Page 4 of 27 • • • • • • 19.08.235 "Sign" means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three - dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Conidor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18 -9. 19.08.265 "Window Sign" is a sign applied to a window or mounted or suspended directly behind a window. 19.08.270 "Window Sign, Temporan," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 "Wireless Communications Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director ") or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency. C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions - Sign Permits Not Required. The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in Section 19.04.020. W: \Word Processing \Ordinances \Sign Code Tide 19.docx BM:ksn 06 /10/2010 Page 5 of 27 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for special holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non- commercial speech. 3. Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9. Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 11. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building - mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of a flag showing the emblem or insignia of a nation or other governmental unit. 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement without City and /or State approval; 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4; 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation; 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under Section 19.24.060; 7. The use of portable signs or other similar devices, unless permitted under Section 19.24.070; W: \Word Pr messing \ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 6 of 27 • • • • • • 8. Dynamic signs, except those types specifically permitted under this code; and 9. Abandoned signs. 19.12.050 Party-of- Record. Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party-of- record. The party-of- record applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28-day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14 -day period that the application is incomplete. D. An application shall be conclusively deemed to be complete on the Department's issuance of a notice of complete application as provided in Subsections A or C hereof, or the expiration of the time periods for issuance of such a notice as provided in Subsections B or C hereof. E. The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. F. The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. G. The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed; 4. a site plan; W:\ Word Processing \ Ordinances \Sign Code Tide 19.docx BM:ksn 06 /10/2010 Page 7 of 27 5. a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. the procedures and deadline for filing comments, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application; 7. the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D. Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comrnent period on the Notice of Application. F. Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party -of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application, the staff report and any environmental documents or studies can be reviewed; 4. a site plan; 5. the date, time, place and type of hearing; 6. the phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing; 7. the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period: W:\ Word Processing \Ordinances \Sign Code Title 19.doc BM.tsn 06 /10/2010 Page 8 of 27 • • • • • • 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity. 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision D. A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department. 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain: 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. W: \Word Processing \ Ordinances \ Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 9 of 27 19.11160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Arty aggrieved party may file an appea] of the Director's code interpretation following the process specified in Sections 19.12.120 and 19.12.130. 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation. If subsequent violations occur within the next 18 months, the property owner shall be subject to the following fines: 1. 2nd violation $200 2. 3rd violation $400 3. 4th violation $800 B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and /or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right - of -way, easements under City control or property owned and /or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten -day period has expired, the City shall have the right to dispose of the signs. D. Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City. As part of the business Iicense registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically: 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non- Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45. The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review. The City's Building Official may require that proposed building- mounted signs that weigh 400 pounds or more, monument signs 50 square feet or W: \Word Processing \ Ordinances \ Sign Code Title 19.doc,, BRQ:ksn 06 /10/2010 Page 10 of 27 • • • • • • more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review. Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building- mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building- mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non - conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned - out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City. 6. If a building- mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned, pursuant to the definition found in this code. The particular mitigation measures shall be based on the circumstances outlined below: 1. Non - conforming Freestanding Sign. In the event that a non - conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City. 2. Non- confornung Building- Mounted Sign. In the event that a non - conforming building- mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building - Mounted Sign, In the event that a conforming building- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: W:\ Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 11 of 2'/ 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following; 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building- mounted signs. 9. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush - mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect lighting methods. The lighting shall have no spillover impact on adjacent properties. C Flush- Mounted Building Signs (Wall Signs) - Design Standards. 1. The maximum area of any flush - mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush- mounted building sign be greater than 50 square feet. 2. Lighting for flush - mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones. W: \Word Processing \ Ordinances \ Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 12 of 27 • • • Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side/72 square feet total 54 square feet per side/108 square feet total 6 feet One 400 -599 feet 50 square feet per side /100 square feet total 70 square feet per side /140 square feet total 7 feet One 600 -799 feet 60 square feet per side/120 square feet total 80 square feet per side /160 square feet total 7 feet One 800 -999 feet 66 square feet per side /132 square feet total 88 square feet per side /176 square feet total 8 feet Two, if there are two or more vehicular street access points. 1,000 feet and over 72 square feet per side /144 square feet total 96 square feet per side /192 square feet total 8 feet One for every 400 feet of linear street frontage. Each sign must be located near a vehicular street access point. Only one sign per access point. • • • 1. One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section seconds. a. The image of the sign may not change more frequently than once every ten b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 10PM. 2. Notice of Understanding. The operator of any dynamic sign installed per this subsection must submit a letter to the Director that states the organization understands and agrees to abide by the above requirements. 19.20.040 Permanent Free - Standing Signage in Corrunercial/Industrial Zones. Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free - standing monument - style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi- public streets, per Table 1. Table 1 - Design Standards for Permanent Monument Signs In Commercial and Industrial Zones a. Allowable sign message area is either the face panel of the sign, or for change letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 3. Maximum Width. The maximum permitted width of a monument sign is 15 feet. 4. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 5. Undeveloped Rights In some areas of the City such as Interurban Avenue where large undeveloped rights -of -way are present, the City shall allow these areas to be considered part of the premise of the adjacent properties and will allow monument signs allowed for the adjacent premise to be placed within these areas. The property owner must W:\ Word Processing \ Ordinances \Sign Code Tine 19.docx BM:ksn 06/10/2010 Page 13 of 27 Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 + 65 square feet 3001 -5,000 (EBF - 3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted secure permission from the owner of the right -of -way and also agree to maintain the non- travelled portion of the right -of -way along with his /her adjacent property. The sign setback will be calculated from the back edge of the sidewalk or street edge, whichever is further from the street. 6. Signs in Underground Utilihj Easements and Corridors. Where underground easements and /or corridors have been established, no signs shall be located in the corridor or easement, unless expressly- specific permission is granted by the entity holding the easement. It is the responsibility of all applicants to know the location of all easements on their premise. 19.20.050 Permanent Building- Mounted Signs in Commercial and Industrial Zones. A. Flush- Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush - mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush - mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones B. Awning Face Sign. An awning face sign may be substituted for a flush- mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush - mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building - mounted sign when the following standards are met 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground - floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5. No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D. Corner Projecting Sign. In order to foster an urban-style environment, a corner projecting sign may be substituted for a projecting sign allowed under Section 19.20.050.C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. W: \Word Processing \Ordinal ccs \Sign Code Title 19.doc, BM:ksn 06/10 /2010 Page 14 of 27 • • • • • • 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy. 4. The length of the sign may not exceed two- thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building- Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. Under Aroning/Carwpy Sign. a. Under - awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy. e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Aruning/Canopy Side Sign. a. Only awnings /canopies that are over exterior public entrances are permitted signs. b. Only one awning/ canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two- thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. _ „ b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. W:\ Word Processing \ Ordinances \ Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 15 of 27 c. No more than ten percent of the total ground -floor transparent- window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush - mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at ]east one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." 19.20.060 Pole Banners. A. Pole banners are only permitted in the TUC zone. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. two copies of a completed and signed application form provided by the City; 2. two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed; 5. length of proposed display; and W: \1Nord Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2210 Page 16 of 27 • • • • • • 6. fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi-family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. The use of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. W: \Word Processing \ Ordinances \ Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 17 of 27 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent - window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election D. All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run-off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent P. Campaign signs are in addition to any sign permitted under Section 19.24.030, "Temporary Signs in Residential Areas." • G. Campaign signs. may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right -of -way areas not maintained by an adjacent property owner. Section 7. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals must be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. W:\ Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06 /10/2010 Page 18 of 27 • • • • • • 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. 10 Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7. 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. 19.28.040 Variance Not Permitted. In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 8. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a coherent design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites with a gross square footage of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Uses that provide emergency services (i.e., hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the City's Sign Code. 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.060.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.O60.B, will be reviewed by the Board of Architectural Review. W:\ Word Processing \Ordinmxes \Sign Code Tale 19.docx BM:ksn 06 /10/2010 Page 19 of 27 Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32..040 Criteria. A Master Sign Program may be approved if all of the following criteria are met 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. 5. No sign- related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non- conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter. 9. Analysis of sight distance safety if increases in size to monument signs or installation of a grand- monument sign is proposed. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively- approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush- mounted building sign, allowed per Section 19.20.050.A, of up to six percent of the exposed building face, up to a maximum of 250 square feet. 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. W: \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 20 of 27 • • • • • • B. In addition to the above - listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally - integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. g. No more than two grand monument signs are allowed per premises. 3. Parking structure incentive signs, subject to the following standards: a. Signs may only be flush mounted to the walls of parking structures have two or more above - ground parking levels. b. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. c. The sign face must be contained within a frame that is architecturally compatible with the building design. d. Internally- illuminated cabinet signs are not permitted. e. Each sign may be a maximum of 288 square feet in area. f. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. g. A maximum of two parking structure incentive signs are allowed per parking structure wall. 4. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush - mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non - conforming signs on the W:\ Word Processing \Ordirsnces \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 21 of 27 premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Southcenter area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and suds plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall controL Section 9. TMC Chapter 19.36, "Non- Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non - conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered legally non - conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non -conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. 1. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non - conforming after adoption of this code, may be issued a non - conforming sign permit that will allow them to remain for a ten -year grace period from the date of last legal face change of the sign. Legal face change shall be defined as the date on which the City last issued a sign permit for a face or copy change for the subject sign. This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non - conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely. However, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to a legal, non - conforming sign, including the structure or sign panel /face /copy. 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's previous Sign Code, as adopted. by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate the signs were legally installed and any modifications complied with the City's Sign Code regulations at the time of the modification. Application for and issuance of a sign permit that complies with this code is required for any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section. W:\ Word Processing \ Ordinances \Sign Code Title r 9.docx BM,ksn 06/10/2010 Page 22 of 27 • • • • • • 19.36.040 Non - Conforming Sign Permits. A. Non - conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non - conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non - conforming or illegal; and 2. whether the sign may be eligible for a non - conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non - conforming Sign Permits. 1. Eligibility. A non - conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non - conforming sign permit is required for all eligible non- conforming signs within the City. The sign owner shall obtain the permit within 180 days of initial notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications for a non - conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non- conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility. The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with Section 19.12.120. C. Loss of Legal Non - conforming Status. Non - conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non - conforming sign permit is required but not obtained within 180 days of notice of non - conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non -conforming building- mounted signs on the premise affected by the construction and all non - conforming free - standing signs lose their non - conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non - conforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non - conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy. 19.36.060 Non - Conforming Temporary Signs. A. Non - conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. W:\ Word Processing \Ordinances \Sign Code Title 19.docx BM:lsn 06 /10/2010 Page 23 of 27 Type of Billboard Proposed in Designated Receiving Area Number of Billboard Faces That Must Be Removed Within Designated Sendin Arg eas One Static Billboard Faces Three billboard faces One Digital Billboard Faces Five billboard faces B. Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited. No additional permanent building- mounted signage is permitted on a tenant space that contains a non- conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non - conforming freestanding sign. 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor. In order to assist with the removal of non - conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18 -9. b. Removal of non - conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non - conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. Section 10. TMC Chapter 19.38, "Billboards," hereby reads as follows: 19.38.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. 3. Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. W: \Word Processing \ Ordinances \ Sign Code Tide 19.docx BM:ksn 06/10/2010 Table 1 Page 24 of 27 • • • Type of Sign Proposed in Designated Receiving Area Number of Billboards That Must Be Removed Within Designated Sending Areas One Static Billboard Face Five billboard faces One Digital Billboard Seven billboard faces Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet • • • Table 2 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within ten feet of any adjacent right of way. f. No portion of the billboards foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. 1) Lighting of billboards: a) The billboard may be illuminated; non - digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than .3 foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3. Table 3 b) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. c) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. d) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every minute. The Director of DCD and the Director of PW shall have the authority to modify the rate of change if the applicant provides sufficient documentation that a more frequent rate of change will not pose a safety risk to adjacent roadways. The City shall have the right to have any documentation provided by the applicant peer reviewed by a third party and the applicant requesting t� install the billboard shall pay the full cost for the third party review. In no case shall the DCD and PW Director permit a rate of change that is more frequent than once every six seconds. e) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: W: \Word Processing \ Ordinances \ Sign Code Title 19.docx SM:ksn 06 /10/7n10 Page 25 of 27 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5. Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or 1-IDR. 6. Non- digital billboards cannot be refurbished or upgraded to either be tri- vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with Section 19.38.040.H. 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall include the following: 1. Three copies of completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application. 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600'feet. 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5. Three sets of scaled and dimensioned footing design and height calculations. 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of structure calculations. 7. If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found in Section 19.38.040.G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. W \Word Processing\ Ordinances\ Sign Code Title 19.doa BM:ksn 06/10/2010 Page 26 of 27 • • • • • • 11. Tukwila business license nurnber for the sign contractor, if applicable. Section 11. Repealer. Ordinance Nos. 1274., 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096, and 2126, are hereby repealed. Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 13. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: A — Definitions with photographs examples B -- Sign height drawing C — Sign placement drawing W: \Word Processing \ Ordinances \Sign Code Title 19.docx BM:ksn 06 /10/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 27 of 27 Attach A — Definition Samples Signs "Awning /Canopy Side Sign" means a sign which is applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. "Awning /Canopy Sign, Under" means a sign which is suspended from an awning, canopy or arcade but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. "Cabinet Sign" means a geometrically shaped sign with a translucent face backlit by an internal light source. . 1 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance, or storefront opening, providing weather •rotection. • • • Attach A — Definition Samples Signs "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. "Corner Projecting Sign" means a tall, vertically oriented sign which projects from a building corner and which is structurally integrated into the building. "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75% of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this Code. 4lirriiier 16111)1 11e Square " .. 1411 lr: is ny�lf+ r. p:Ky(i'� hr1_i ryrrr uiiKc Attach A — Definition Samples Signs "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. "Projecting Sign" means a permanent sign which is perpendicular to the building facade and which is suspended from a bracket, armature, or which is cantilevered to the building. "Window Sign" is a sign which is applied to a window or mounted or suspended directly behind a window. 'f • "Window Sign, Temporary ", is a sign which is applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. • • Five feet from sign • Lowest point within 5ft of sign Tallest point of sign • 40' 1 1 Right Out Only 40' Standard Sight Distance --/ May be modified by City Engineer Access Permits all turning motions Public Road Center of Intersection of private access to public street Public Road Sign placement m ust com ply with setback requirements of sign code Center of Intersection of private access to Public street • • • 19.12.030 Exceptions -Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this Title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this Title, as enumerated in TMC 19.04.020. A. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. B. Temporary signs and decorations customary for special holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non - commercial speech. C. Temporary window signs subject to the limitations at TMC 19.24.080. D. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation, for the purpose of regulating, warning, or directing traffic. Signs may be installed within the right of way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. E. Signs typically installed on utilities and Wireless Communication Facilities denoting danger or other safety information, including emergency contact information. F. Political Campaign Signs, subject to the limitations at TMC 19.24.090 G. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this Code. H. Land use notice boards per TMC 18.104.110. I. Text or graphics on umbrellas located in outdoor seating or plaza areas. J. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to 3 feet in height and 2 square feet per face or a total of 4 square feet for all faces. Flush mounted building signs may be up to 3 square feet in size. K. The following exceptions are specific to properties developed with residential uses in residential zones: 1. Each residential property shall be permitted one 1.5 square foot building mounted plaque; and 2. Each residential property shall be permitted one six square foot banner or rigid sign that is temporary in nature; and 3. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a holiday) until sundown on Sunday (or the following holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. L. Display of up to three flags on individual flag poles per premise. Content of the flags is not regulated. • • • Definitions Digital Billboard means an off - premise sign utilizing digital message technology, capable of changing the message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Digital Billboards shall contain static messages only and shall not meet the definition of dynamic sign except that the static image may change every li0 seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. On- Premise Signage means signage that displays images or text related to services, goods, and entities available on the same premise as the sign. Off - Premise Signage means signage that cannot be classified as on- premise signage. Billboard Receiving Areas are those areas of the Citydepicted in Figure in which relocated billboards may be installed. Billboard Sending Areas are those areas of t City ,,at argliQf designated ago receiving areas in Figure @. Standard Billboard means a billboard whe copy is physicaliy changed and that is not considered a digital sign under TMC @• Chapter 19.:3:8' Billboards Sections 19.38.010 Purpose ,.. 19.38.020 Bao Receiving Areas "shed 19.38.030YBillboar ending Areas Established 19.38.0 Relocated Billboards 19.3'8 050MRefurbishing Misting Billboards 19.38.060W plication Materials for Billboard Applications 19.38.010 Purp :.. The purpose of this cha , ter is to establish regulations for the use of billboards within the City. The City desireso establish a process that will allow the use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate. 19.38.030 Billboard Sending Areas Established 19.38.020 Billboard Receiving Areas Established New billboards shall only be permitted in those areas of the City depicted in attachment Type of Sign Propose designated receiving are ' ; . : , • umber of bill: pards that 'u t be remov�d with designa e d :wending areas. Static " Digital Billboard 5,billboards DigitaB1lboard ` 7bil:lboards Type of Billboard Proposed in designated receiving area Number of billboards th must be remcw within 'S.: designated sen i •areas.,„T Static 3 billboards : Digital Billboard 5 billboards iat All areas of the City that are not designated as receiving areas in TMC @ are hereby designated as billboard sending areas. 19.38.040 Relocated Billboards The City will permit billboards located within designated billboard sending areas to be relocated to billboard receiving areas provided the net number of billboards within billboard sending areas is reduced. A. Relocating billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. Table @ shows the ratio that will be used to determine th number of billboards that must be removed within designated sending areas. Inor°� anqualify under Table al all billboards must be removed within five years fronghe effenme date of this code. Five years after the effective date of this code ratio outline jiri table @ shall expire and the ratio in Table @ shall be used to determine the number of billboards that must be removed with designated sending areas in o in ybillboard within designated receiving areas. aZ!• Y The followii$gkrequiremen Shall apply to relocated billboards within designated a; receiving are • A. No more th i#vuo faces are permitted for each billboard structure. B. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements. C. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. D. Billboards shall not exceed a height of 35 feet. E. No portion of the billboard shall be within 10 feet of any adjacent right of way. No portion of the billboards foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. • • • Billboard Style Dimensions Measurement Distance Posters 12'x24' 150' Bulletins 14'x48' 250',, • • • F. Lighting of Billboards i. The billboard may be illuminated; non - digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than .3 foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in table @ ii. Each display must have a light sensing deve..that will adjust the brightness as ambient light conditionsch.•a n ge iii. The technology currently being deployed for digital billboards is LED (light emitting diode), but there ra` y be `alternate, preferred and superior technology available.i$"the future. Any other echnology that operates under the maximunjl rightness =stated @ above shall`be permitted. d G. If a digital display is proposed the rate of chan r e: At the sig n shall not exceed a g� p Y P P ose g ..':�� frequency of more than once eve The Director of DCD and the Director of PW shall have the au on • odify the tate'`of change if the applicant provides sufficient documentati , nrth. t a more frequent rate of change will not pose a safety # risk to adjacent roadways: ;'e City shall have the right to have any documentation provided by he applic. `t per reviewed by a third party and the applic t requit to install the billboard shall pay the full cost for the third partyievn. In no case shall the DCD and PW Director permit a rate of change that is more frequent than„ „every six seconds. H. One sign 8: > square�fe t in size• sh be permitted to be attached to the billboard. the sign can y be used o identify the operator of the billboard. Address or billboard identif cation n berg are permitted and shall not exceed an area of 3 s. ware feet. 19.38.050 Refuta ishing Existing Billboards Existing billboa within designated sending areas maybe refurbished and upgraded subject to the followg A. The refurbished billboard must remain on the premise in which it is currently located. B. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. C. The number of faces for the billboard remains the same or is reduced from the existing billboard. D. The height of the billboard may not be increased. E. Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR, or HDR. F. Non- digital billboards cannot be modified to either be tri-vision or digital displays. G. Improvement of lighting is permitted. Footcandles produced by the billboard may not extend offsite. H. Additional signage may be attached to sign provided it complies with TMC19.38.040 (H) 19.38.060 Application Materials for Billboards within the City ••••• • +4 • • • 08/19/2010) Brandon Miles - 04- 22- 2010.doc Page f • Chair Pro -Tem Bratcher opened the worksession at 6:30 PM. Present: Absent: Representing City Staff: Other City Staff: PLANNING COMMISSION (PC) SIGN CODE MINUTES APRIL 22, 2010 Vice Chair, Margaret Bratcher, Commissioners George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Chair, Bill Arthur Nora Gierloff, Brandon Miles and Wynetta Bivens Derek Speck and Don Tomaso Brandon Miles, Senior Planner, Department of Community Development, gave an overview of the new changes to the strikethrough underline document. Mr. Miles stated that suggested changes from the PC, and the public were made to the Public Review Draft Sign Code, and were shown in the strikethrough underline document. Following are staff's answers in response to questions that were raised at the April 15 meeting: (1) The Tukwila South Development Agreement was not vested with the current Sign Code, they will be subjected to the new Sign Code. (2) Under the current code, the allowable sign area for directional signs for wall mounted signs are 6 sq. ft., and freestanding signs are 4 sq. ft. (3) The PC requested that staff provide information on the wall area signs for several of the tenants at the mall. Staff provided a table that showed the percentage of the sign that occupy the wall, as well as the allowable maximum sign size. Staff stated that they are seeking final recommendation on the proposed Sign Code, and a recommendation to forward to the City Council for their review. Draft code language regarding Billboard Signs was handed out to the PC. Staff stated that they have met with Clear Channel Sign Company, and are planning on establishing two receiving areas for billboards, north of the City in the MIC, and the areas along West Valley Highway. The type of billboards could be digital. New billboards will only be permitted in designated receiving areas. In order to install billboards in receiving areas, a certain number of billboards, depending on the type, must be removed from sending areas. Or Staff had originally proposed a removal ratio in exchange for allowing existing billboards to be removed. However, this language has been removed. Provisions have been made to allow for billboards that are not proposed to be removed, but to be refurbished. Discussion followed and Mr. Miles provided some clarification and answered several questions for the PC. Commissioner Malina asked for clarification on the number of flags and flag poles that can be displayed. Commissioner Bratcher suggested revising the verbiage pertaining to flag poles to the following: VV! 1 7l GU 1 V IJI QI IVVII Iv111cJ - V'1 G - GV 1 V. UVI.i rCI G Page 2 of 2 Planning Commission Minutes February 25, 2616 "Display up to three flags each, on each individual flag pole per premise." COMMISSIONER MALINA MADE A MOTION TO APPROVE TITLE 19 TUKWILA SIGN CODE WITH STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS; WITH TWO ADDITIONAL AMENDMENTS TO ADD THE FOLLOWING RECOMMENDATIONS TO THE STRIKETROUGH UNDERLINE DOCUMENT: (1) THE BILLBOARD SECTION AND (2) THE AMENDED VERBIAGE ON THE FLAG POLE SECTION, AND FORWARD THEM TO THE CITY COUNCIL FOR REVIEW. COMMISSIONER MCLEOD SECONDED THE MOTION. ALL WERE IN FAVOR. Sandra Whiting, Urban Environmentalist, Department of Community Development, gave an overview on Sensitive Area Ordinance and the map amendments that will be made to the Zoning Code. Staff is proposing changing the classification of the following four categories (1) To ensure that the City is meeting best available science, (2) Clarifications for interpreting the code, (3) Addressing new issues that have arisen while implementing the code, and (4) Changes to the map. Staff will provide a strikethrough underline version of the code to the PC prior to the May 20 meeting. Meeting Adjourned: Submitted by: 7:30 PM Wynetta Bivens Secretary CHAIR, BILL ARTHUR, VICE = CHAIR, MARGARET BRATCHER, COMMISSIONERS, GEORGE MAUNA, LYNN PETERSON, BROOKE ALFORD, THOMAS MCLEOD AND LOUISE STRANDER I. Call to order 11. Attendance III. Adoption of minutes — 04 -15 -10 IV. Review Draft Sign Code Update Title 19 - Tukwila Sign and Visual Communication Code V. Briefing on Sensitive Areas Ordinance and Map Amendments Director's report Adjourn Please bring your sign code update binder to the meeting. a. Review final strikeout/underlined version b. Make recommendation to City Council ** *Revised Agenda * ** Cityof Tukiwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director PLANNING COMMISSION AGENDA SIGN CODE APRIL 22, 2010 = 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 a Phone: 206- 431 =3670 • Fax: 206 -431 -3665 • TO: Planning Commission FROM: Brandon Miles, Senior Planner DATE: April 19, 2010 RE: Sign Code Update Area of Wall Signs at Mall At last Thursday's Planning Commission work session, the Planning Commission inquired about the size of several signs at the Westfield Southcenter site. The following information was attained from the City's permit records: Macy's 1 2 3 4 Macy's Wall (sq ft) 20,300 11,600 12,460 11,600 Macy's Sign (sq ft) 427 427 427 427 % of Area 2.1% 3.6% 3.4% 3.6% Maximum Allowed (sq ft) 500 500 500 500 Sears 1 2 3 4 Sears Wall (sq ft) 16,028 16,028 16,708 11,176 Sears Sign (sq ft) 312 312 312 312 • % of Area 1.9% 1.9% 1.8% 2.7% Maximum Allowed (sq ft) 500 500 500 500 AMC 1 2 3 4 AMC Wall (sq ft) 14,369 18,768 10,442 10,442 Macy's Sign (sq ft) 353 259 259 146 % of Area 2.4% 1.3% 2.4% 1.3% Maximum Allowed (sq ft) 500 500 500 500 Racha Thai BJs IP meeting. 1 2 Racha Thai Wall (sq ft) 2,444 626 Racha Thai Sign (sq ft) 84.55 29.055 % of Area 3.4% 4.6% Maximum Allowed (sq ft) 146.64 37.56 BJs Wall (sq ft) BJs Sign (sq ft) %ofArea Maximum Allowed (sq ft) iv\ 1 2 3911.8 2183.3 206.43 64.92 5.2% 2.9% 234.70 130.99 The files for JC Penny and Nordstrom are in archives and cannot be obtained before Thursday's B. Miles Page 1 04/21/2010 W: \Long Range Projects \Sign Code Update\2010.04.190 Area of Signs Memo.doc • • TO: Planning Commission FROM: Brandon J. Miles, Senior Plannerl5(\ DATE: April 16, 2010 RE: Sign Code Update Public Review Draft The public review draft of the sign code was released to interested parties on March 9, 2010. The planning commission reviewed the draft on the following dates: • March 18, 2010 • March 25, 2010 (Public Hearing) • April 15, 2010 Attached with this memo you will find a strikeout/underlined version of the March 9, 2010 public review draft. This new version reflects changes suggested by staff and the public that were reviewed by the Planning Commission at the three previous meetings. • At the April 15 work session the Planning Commission asked for the following additional information: • Wall area of the anchor tenants at the mall in comparison to their sign sizes: W E N S Sears Wall 16,028 16,028 16,708 11,176 Sears Sign 312 312 312 312 Staff is working to pull the old sign files to research the sign area for the other anchor tenants. • Whether the Tukwila South development agreement vested them to the current sign code. The answer is no, properties in that area would be subject to the same regulations as the rest of the City. • Size allowed for directional signs under the current sign code: Wall mounted — 6 sf, Freestanding 4 sf At the next meeting the Planning Commission will be asked to forward a Planning Commission Recommended draft of the sign code to the City Council. (08/19/2010) Brandon Miles - 04- 15- 10.doc PLANNING COMMISSION (PC) SIGN CODE WORKSESSION MINUTES APRIL 15, 2010 The meeting was called to order by Vice -Chair Bratcher at 6:30 PM. Present: Vice - Chair, Margaret Bratcher, Commissioners, George Malina, Lynn Peterson, Brooke Alford, and Louise Strander Absent: Chair, Bill Arthur and Commissioner Thomas McLeod Representing City Staff: Nora Gierloff, Brandon Miles, and Wynetta Bivens Other Staff Attendee: Derek Speck, Mayor's Office and Don Tomaso, Fire Department GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM MARCH 25, 2010. BROOKE ALFORD SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. CASE NUMBER: L10 -012 APPLICANT: City of Tukwila REQUEST: New regulations regarding the placement and display of permanent and temporary signs and other visual communication devices within the City. LOCATION Citywide Vice -Chair Bratcher opened the meeting and welcomed Commissioner Strander to the Planning Commission. Brandon Miles, Senior Planner, Department of Community Development, provided some background. He stated that the written hearing closed on Aril 8, 2010, and the written comments received were included in the Planning Commission packet. He also went over the responses and recommendations that staff prepared addressing the written comments received. In response to safety concerns raised at the March 25 meeting, the Planning Commission requested accident data along Southcenter Parkway and other areas of the city. Robin Tischmak, City Engineer, Public Works was present to discuss street safety and accident data, and to answer questions. Mr. Tischmak provided maps and spreadsheets showing three years worth of accident history, which was passed around for the Commissioners to see. Mr. Tischmak stated that an analysis was not completed due to limited staff and time. Mr. Tischmak said that Southcenter Parkway is a unique street with no other comparable streets in the city regarding accidents. He said that he has been reviewing accident reports for many years and has never seen a report with signage listed as cause of an accident. Staffs review responses to written comments: Attachment C, comments from Bob Schofield on the need to create a "special district" for the Southcenter Parkway area that would allow the district to remain under the current sign code. Staff did not prepare any code amendments to implement the proposal in attachment C Page 1 Page 2 of 3 April l 5, 2010 PC Minutes PC consensus was to not change the draft code. Attachment D, email from Jerry Downer, Evergreen Sign Company, 2 proposals: (1) 2 sq. ft. face for directional signs be increased to 3 sq. ft., for warehouse distribution business parks; (2) Sign permit applications should not require that all signs on a premise be shown on the drawings. Staff stated that the application requirements in the public review draft have already been changed to address the issue in (2). Commissioner Strander requested staff provide information on the size of directional signs allowed under the current sign code. The PC will provide staff with direction on Attachment D, (1), at the April 22" meeting. Attachment A, staff's response to comments from Sam Pace, regarding Real Estate Signs. Staff Comments: The code does not specifically mention Real Estate signs, but the message that the site is for sale or rent may be conveyed using the wall, freestanding or temporary sign area permitted by the code. The language on the sign can say anything, size and location limitations are the only restrictions. PC consensus was to approve staffs recommendation not to change the draft code. Commissioner Malina suggested that when projects that have a covenant are reviewed, such as condos, that there is verbiage added to the covenant permitting one sign when a unit is for sale. Staff responses on the following six comments from Westfield: Attachment B (1) Monument Sign Height Staff's recommendation: Adopt staff's revised language that was presented at the February, 25, 2010 meeting. PC consensus was to approve staff's recommendation. (2) Building Sign Maximum Area Staff's recommendation: That the flush mounted signage be permitted to be 6 % of wall area of the tenant space up to a maximum of 250 sq. ft. PC consensus was to approve staff's recommendation. Request: the PC requested staff to provide information regarding the total percentage size for the wall signs for the mall's anchor tenants; BJ's, Raja's, and Dukes. (3) Parking Structure Incentive Signs Staffs recommendation: Adopt staff's revised language that was presented at the February, 25, 2010 meeting. PC consensus was to approve staff's recommendation. (4) Grand Monument Signage Staff's recommendation for (1) Sign Area and (2) height: PC consensus was to approve staff's recommendation. (1) Area, No change from staff's original proposal; PC consensus (2) Height, No cap on the sign, but no signs can be taller than the building being used to advertise. Question Raised: Does Tukwila South have a development agreement, and do they fall under the current provisions of the sign code? Staff will confirm whether they are vested under the old sign code at the next PC meeting. (5) Grand Monument Signs- Maximum Number: L(08/19/2010 Brandon Miles - 04- 15- 10.doc Page 31 • • • Page 3 of 3 April 15, 2010 PC Minutes Staff's recommendation: No change from staffs proposed language. PC consensus was to approve staffs recommendation. (6) Regional Gateway Sign Staff'recommends that the following language be included in the proposed sign code: "In addition to the signs otherwise allowed under this chapter, the City shall allow by Development Agreement, on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Southcenter area of the City. The standards for such a sign shall be set forth in the Development Agreement ". PC consensus was to approve staffs recommendation. Mr. Miles asked if there were any other sections of the draft sign code that the Planning Commission wanted staff to rework, amend, or modify the language. The PC indicated that there was none. Stall will incorporate the revisions in the strikethrough/underline version, and suggested comments in the Draft Public Review Sign Code. The Planning Commission will be asked at the next meeting to make a recommendation on the draft sign code to the City Council. DIRECTOR'S REPORT: • Due to short turn- around staff will email the PC packet to the PC and follow -up with the hard copy. • Commissioner Peterson raised the concern that the business community is not being represented in the absence of Commissioner Arthur. • Joint PC meeting with Sea Tac will be scheduled for June 17 topic is the 154` St Station area action plan. • The April 22nd agenda will include Sign Code and a Briefing on the Sensitive Area Ordinance if there is time. • Upcoming meetings - May 6' Worksession cancelled. May 20t Worksession, SAO May 27 Public hearing, SAO June 3` Worksession June 17 Joint meeting with Sea Tac June 24t Regular meeting • All meetings will start at 6:30 Meeting adjourned: 8:50 PM Submitted by: Wynetta Bivens Secretary • CHAIR, BILL ARTHUR, VICE - CHAIR, MARGARET BRATCHER, COMMISSIONERS, GEORGE MALINA, LYNN PETERSON, BROOKE ALFORD, THOMAS MCLEOD AND LOUISE STRANDER Director's report Adjourn City of T ukwila Department of Community Development Please bring your sign code update binder to the meeting. PLANNING COMMISSION WORK SESSION AGENDA SIGN CODE APRIL 15, 2010 = 6 :30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. Call to order II. Attendance III. Adoption of minutes - 03 -25 -10 IV. Review Draft Sign Code Update (,, (,ey°i ci i Title 19 - Tukwila Sign and Visual Communication Code a. Review of Traffic Accident Data b. Consider changes to draft code based on public comments c. Deliberations Jim Haggerton, Mayor Jack Pace, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 =3670 • Fax: 206 -431 -3665 PLANNING COMMISSION (PC) SIGN CODE PUBLIC HEARING MINUTES MARCH 25, 2010 The meeting was called to order by Vice -Chair Bratcher at 7:00 PM. Representing City Staff: Nora Gierloff, Brandon Miles, and Wynetta Bivens Present: Vice - Chair, Margaret Bratcher, Commissioners, George Malina, Lynn Peterson, Brooke Alford, and Thomas McLeod Absent: Chair, Bill Arthur GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM FEBRUARY 25 AND MARCH 18, 2010. BROOKE ALFORD SECONDED THE MOTION FOR THE MARCH 18, 2010 MINUTES. THE MOTIONS WERE UNANIMOUSLY APPROVED. CASE NUMBER: L10-012 APPLICANT: City of Tukwila REQUEST: A public hearing on new regulations regarding the placement and display of permanent and temporary signs and other visual communication devices within the City. LOCATION Citywide Brandon Miles, Senior Planner, Department of Community Development, gave the presentation for staff. He provided an overview on the Sign Code update process and discussed the changes proposed in the Public Review Draft Sign Code. Mr. Miles stated that the reasons for sign regulation are safety, aesthetics, and community image. When creating the new Sign Code, some things to take into consideration are: what do we -want Tukwila's signage to look like, how has Tukwila changed since the current code was written, and -how does the urban environment as a whole affect signs? The City Council adopted a resolution and a Sign Code Advisory Committee was created to help with the update process. The committee was comprised of representatives from the City Council, Planning Commission, Business Community, and Tukwila Citizens. The committee looked at overall policy related to signs, but did not write specific code language. Their goal was to provide a vision of what the City should look like regarding signs. The committee created a document entitled Policy Recommendations of the Sign Code Advisory Committee. This document addressed the following points: (1) Signs should contribute to and be consistent with, the urban environment; (2) additional freestanding signs should be permitted for large properties; (3) additional building mounted signs will be allowed under certain circumstances; and (4 flexibility. The existing Sign Code only addresses pole signs and building mounted wall signs. The proposed Sign Code will address a variety of sign types. Mr. Miles stated that the Sign Code is meant to encourage the type of development wanted in the City, and that staff is striving to create a content neutral Sign Code. Mr. Miles said during the update process that staff made the effort to obtain as much public input and testimony as possible because it was very important in creating the new Sign Code. The language in the Public Review Draft Sign Code incorporates the recommendations from the committee and the Planning Commission. Page 2 of 6 . March 25 „3010 PC Minutes ii 1 1 l xt, the Planning Commission will make a recommendation to the City Council who will hold their own public hearing on the Code. Public Testimony: Sam Pace, Representative for King County Association of Realtors, handed out a packet that included written testimony and additional written documentation. Mr. Pace expressed concerns with the language in Residential Real Estate on -site yard signs, relating to sections 19.12.030 J and K, and K, 3 of the Draft Sign Code. Mr. Pace stated that it does not appear that the code allows on -site Real Estate signs. He said that the sign provisions in the code are not clear that they will work together, in regards to neither open houses, nor on -site properties that are for sale. He said that `K' is not functional with the range of open house events needed. He stated he has serious concerns with the right -of -way restraints that are proposed, and said that it is unconstitutional. He said that the Planning Commission is dealing with constitutionally protected speech. And effective communication has to be allowed subject to reasonable time, place, and matter restrictions. Mr. Pace also expressed concerns regarding sign forfeiture under the Miscellaneous and Technical section of the code. Mr. Pace said if the City picks up a sign there should be some due process notice to the owner before destroying the sign. He expressed appreciation for the incentives the City is offering, and also said that the amortization is good. Andrew Ciarocchi, Westfield Shopping Mall said he was thankful for the opportunity to be a part of the Sign Code Advisory Committee. Mr. Ciarocchi said that during the Sign Code review process he learned how difficult it is to create a Sign Code that fits all parties. He said that Tukwila has some very unique assets within its boundaries. He commented that it is vital to have a strong Master Sign Program, which can govern over the special properties within Tukwila. Mr. Ciarocchi said he hopes there is adequate time to make sure that the overall Sign Code, including the Master Sign Program, really reflects what everyone wants to see in Tukwila. Nicholas Lee, Development Manager, Westfield Shopping Mall, said that Westfield in conjunction with the City has brought a more extroverted architectural design that attracts and invites visitors to Tukwila and Southcenter. He also said that Westfield believes that signage needs to do the same thing. Mr. Lee said that signage acts as the first and lasting impression. He said that signage in the urban center needs to communicate that Tukwila offers unique, high quality shopping, dining, and entertaining experiences. Mr. Lee expressed concerns regarding the non - conforming signs at the mall, constant re- investment, and "Branding” the Tukwila and Westfield Southcenter area. Mr. Lee said that the Westfield shopping signs represent over 200 retailers inside the mall that otherwise do not have the opportunity for exterior communication with patrons. Mr. Lee gave an overview of Westfield's comment letter; following are the highlights of some of the concerns and proposals. • Noted on page 3 of 9, Mr. Lee said that the mall's recently installed monument sign might be too tall under the proposed regulations. • Noted on page 4 in regards to maximum sign area, Mr. Lee noted that the Westfield sign at the southern entrance would be non - conforming based on the 150 sq. ft. maximum proposed and that the exterior tenants at the mall have signs that would also be non- conforming. • Mr. Lee said that Westfield is proposing that the maximum wall sign area be limited to 6% for the Master Sign Program, which they feel is an appropriate scale. • Mr. Lee said that they applaud the City for trying to encourage parking structures in the Urban Center with additional signs. However, Westfield proposed a 9 % allowance per parking structure wall with 6% to be allocated to the parking structure incentive signs. • Pagr3 of 6 • March 25, 2010 PC Minutes • Utilizing PowerPoint Mr. Lee showed what passing motorists would see regarding community image and aesthetics going northbound on I -405. He pointed out a sign prior to the Southcenter off ramp where the • • topography and difference of the elevated freeway does not provide a good visual of the Westfield Mall structure. He said the differences are even more pronounced travelling southbound I -405. • Westfield is proposing increased sign area and increased height for the Grand Monument Signs, on a sliding scale for properties above 30 acres which would allow Westfield to create a better message visible from the interstates. Mr. Lee said that pulling in sales from individuals that would not normally shop in the area will provide community retailers a better opportunity to promote their businesses, increase sales, and be more successful. • Noted on page 7, Westfield would like the ability to have signage in the transit station area to attract individuals. • Noted on page 8, Westfield is proposing an iconic Regional Gateway Sign that Mr. Lee said could help to "Brand" the southcenter area, not Westfield, and that Westfield would be willing to work in partnership to help make it a reality. Mr. Lee said that Westfield does not believe their existing freeway interstate sign accurately reflects the kind of architectural character Westfield has created. Mr. Lee said that Westfield would like to have signage that reflects the characteristics of the recently remodeled mall. Mr. Lee asked that their recommendations be strongly considered. Commissioner Malina asked if Westfield had talked to WSDOT concerning the directional Southcenter freeway sign including the verbiage "Southcenter Mall ". Mr. Lee did not know if WSDOT had been contacted regarding this matter. Bob Schofield, developer, stated that the health of the City is a great concern to him, which goes hand in hand with the health of Tukwila businesses. Mr. Schofield expressed concerns regarding pylon signs at Southcenter Parkway, between Strander and 180 area. He said it is a dangerous street that has high accident rates. Mr. Schofield said if the streets are not healthy then individuals will not want to shop in the area, which affects retail businesses and the City's taxes. Mr. Schofield said that monument signs look nicer, but they destroy safety and visibility, he said the beauty of pylon signs is that you can look straight ahead, and up and see pylon signs. Mr. Schofield said that he encourages the creation of a special district, a critical district for the City, where pylon signs can be preserved. Staff requested a ten minute recess to prepare response comments. The public hearing reconvened. Staff Rebuttal: None. Staff responded to the following issues from the public testimony and written comments. In response to Mr. Pace's comments: • Staff stated that Shelly Kerslake, City Attorney, worked with DCD and attended most of the Sign Code Advisory Committee meetings, and was involved since the beginning of the update process. She also reviewed the code several times and helped staff write sections of the code. Page 4 of 6 March 25, 2010 PC Minutes • Staff said that the Draft Sign Code will not prohibit posting Real Estate signs at a single family house, and there is no limitation on how long signs can be posted. Responses /comments on Westfield's comment letter: • Staff noted on Page 3, maximum height. - This is an issue that was recognized by staff and they did not want the mall's Monument Signs to become non- conforming, nor signs on other properties. Therefore, they proposed the 15% allowance rule, which allows an existing sign to be up to 15% larger than allowed by code and still be considered conforming. This issue was not addressed through the Master Sign Program because it should apply city-wide, not just to properties eligible for the Master sign Program. • Increase in flush mounted signs - Staff said that the 224 sq. ft. Westfield sign was allowed through a different provision of the existing code. The mall is subject to a Development Agreement between the City and the mall that protects it from any subsequent sign code changes until the development agreement expires in 2018, unless the Mall opts in to the new code. The current signs at the mall were subject to the Development Agreement. The signage allowed under the Master Sign Program is additional allowance of signs that currently exist. Staff stressed that under no circumstances can the City require that the mall come into conformance until the Development Agreement has expired. If the Planning Commission wants to allow signage based on the 6 percent allowance proposed by the Mall, staff would ask that a maximum cap of 250 square feet be provided. • Parking incentive signage - The code amendment included in the PC packet allows all the signs that were approved as part of the Development Agreement, and the current signs at the mall to become conforming under the proposed code. One wall would be allowed to have up to 8% of the sign area and all remaining signs would have 6.5 %. • Maximum zoning height currently in the TUC is 115 ft. The mall is proposing a provision that would allow up to three signs of 145 ft. Only one sign is allowed under the current Sign Code regarding freeway interchange signs, with a maximum of 125 ft. The mall is proposing a height higher than the current Sign Code and Zoning Code. • Note on Page 8, - Staff stated that Westfield's proposed language to go through a Development Agreement to make modifications to the code would have to be reviewed and approved by the City Attorney. • Monument Signs - Staff stated that the update process started in 2007 when the economy was strong so the ten year grace period provisions were provided to prevent from unfairly impacting businesses that may currently put up a sign that conforms with the current Sign Code prior to a new Sign Code going into effect, which would cause their sign to become non - conforming. The provision would allow existing pole signs to remain for up to ten years. After the ten year grace period, the sign can remain until a face change or other action is proposed which will require it to be brought into conformance. The new Sign Code will increase the number of signs allowed, as well as the type of signs, number of Building Mounted Signs, and the number of Monument Signs. • Conflicts between trees and freestanding signs - there are provisions for both street and perimeter trees that are required under the code provisions but currently only Sign Code updates are being considered. In response to Mr. Schofield "s comments: • Safety issue - Staff stated that PW has received copies and was part of the update process. And also commented that by the end of the ten year period, hopefully certain transportation improvements will be completed. • • • • • • Pa:ta5of6 March 25, 2010 PC Minutes Staff noted that during the Sign Code update process the TUC Plan was reviewed to determine what it holds for the future. From staff's perspective, Tukwila is an area of transition, and hopefully the TUC Plan will be fully realized and people will start developing under the plan. As we move ahead, we will continue to allow the existing Pole Signs to remain, allow Monument Signs and increase the number of Monument Signs. Citizen Rebuttal: Bob Schofield, Developer, responded to staff's comments, by reiterating his concerns regarding the safety issue. He said the safety element is the most important element, and offered to obtain the accident reports for the Southcenter Parkway, between Stander and 180 area, for the Planning Commission. Nicholas Lee, Development Manager, Westfield Shopping Mall, responded to staff's comments regarding the Development Agreement between the mall and the City. Mr. Lee said that with the number of turn over in tenants and the amount of re- investment that is continually made there is a very good chance that Westfield would like to apply for the Master Sign Program in the near future. Therefore, they would rather there are not non - conformances created. He stated that their main concern is the maximum sign area. Sam Pace stated that they have had a number of attorneys look at the draft Sign Code and stated that he does not see a specific Sign Code provision that guarantees allowance of on -site Real Estate signs. He said he is not persuaded that the staff's replies are responsive to the issues raised, and asked if it was possible to close the oral testimony and leave the public hearing open for additional written testimony. Commissioner Malina recommended closing the oral testimony and keeping the public hearing open for written testimony. He requested that staff return with comments from the City Attorney on Westfield's proposal regarding the Regional Gateway Sign. The Planning Commissioners were in consensus with Mr. Malina's recommendation. Commissioner Malina made a motion to close the oral testimony and keep the public hearing open for written testimony until April 8, 2010. Commissioner McLeod seconded the motion. All were in favor. Staff asked the Commission for direction on the Draft Sign Code Update. Commissioner Malina said that the strikeout underline is very helpful and requested that staff continue the format in the Draft Sign Code Update. He said that he would follow -up with staff on the new documentation provided to the Commission at the next meeting. He inquired about letters he believes was provided by a sign company in 2009, and asked staff to provide him with copies, if they have them. Commissioner Bratcher asked staff to provide the Commissioners with a copy of the police reports for the Southcenter Parkway, between Stander and 180 and the surrounding area. Mr. Miles commented that staff could provide the 2009 accident data, but linking the cause of the accidents will not be available. There was some additional discussion on the topic and it was determined the analysis may not provide all of the necessary details. Mr. Miles inquired whether the PC had comments, questions, or areas they felt needed to be researched further regarding the comment letter from the mall. Commissioner Malina stated that an aesthetically pleasing directional sign to Southcenter is needed in the walkway from the train station. Page 6 of 6 March 25, 2010 PC Minutes Commissioner Alford asked for some clarification on page 3 of Westfield's comment letter regarding the "reed" elements that protrude above the Monument Sign structure and the height limit. Staff discussed the provision on page 32 of the strikeout underline document for the 15% rule to be applied on existing Monument Signs. Commissioner Malina asked Commissioner McLeod, who was a Sign Code Advisory Committee Member, if there was anything that the committee had stumbling blocks with or that he had personal concerns. Commissioner McLeod said that the committee was satisfied with what staff provided and they liked the general direction staff was taking. The majority of the committee was in favor and support of what staff had drafted. Staff confirmed what the PC expectations are for items that should be provided to them at the next worksession. • Response 8 th to the written material received at the meeting and any additional material received by April • Provide traffic safety report for Southcenter Parkway area. • Move forward with current draft Sign Code Update. DIRECTOR'S REPORT: • The 4/15/10 worksession will start at 6:30 PM. • Notify the public that the worksessions and public hearings will all be starting at 6:30 PM. • Schedule a joint PC meeting with the City of Sea Tac at their request. • The City Council is looking at a Rental Housing Inspection Ordinance. • Mini - Casino regulations are being reviewed. Meeting adjourned: 9:45 PM Submitted by: Wynetta Bivens Secretary Y • • • • • TO: Planning Commission FROM: Brandon Miles, Senior Planner DATE: April 8, 2010 RE: Sign Code Update Please remember to bring your sign code update binder. Public Hearing On March 25, 2010, the Planning Commission conducted a public hearing on the proposed sign code. At the hearing, testimony was received from the following individuals: • Sam Pace, with Seattle King County Realtors • Andrew Ciarocchi, Westfield, LLC and member of the Sign Code Advisory Committee • Nicholas Lee, Westfield, LLC • Bob Schofield, property owner and developer At the meeting written comments were provided by the following individuals: • Sam Pace, with Seattle King County Realtors • Nicholas Lee, Westfield, LLC After receiving testimony, the Planning Commission closed the public hearing for new oral testimony, but kept it open until April 8 to receive additional written testimony. Following the meeting, City staff had a follow up meeting with Mr. Scholfield. Staff also invited Mr. Pace to provide specific code language that would meet the needs of the area's realtors. The City received the following written comments prior to the close of business on April 8 th. • Email from Bob Schofield • Email from Jerry Downer • Letter from Westfield, LLC dated April 8, 2010 Staff has prepared separate memos regarding the comments prepared by the Realtors and Westfield LLC. At the March 25, 2010 meeting, the Planning Commission requested accident data along Southcenter Parkway. Bob Giberson, Public Works Director will be attending the April 15 meeting to provide insight on accident history for Southcenter Parkway and other major streets within the City. B. Miles Page 1 04/09/2010 W: \Long Range Projects \Sign Code Update \Written Public Comments \City Reponses\PC Meeting, 2010.04.08.doc Following the public hearing on March 25 staff asked for specific input on items in the sign code that were not commented on by members of the public. The Planning Commission noted that they wanted to go through the new pages that were provided at the meeting; however they had no other questions or comments on other parts of the proposed code. Next Steps With the public hearing closed for testimony the Planning Commission can now begin to deliberate on the proposed sign code. Staff is working with billboard companies on the final language for the billboard chapter of the proposed code. The Planning Commission was presented with the initial concept of the billboard chapter at the March 25 meeting. Tonight's meeting is the final work session on the proposed sign code. Staffs goal is to have, if necessary, the Planning Commission to provide specific sections of the proposed code that they would like to see rewritten. Staff will then prepare any changes in time for the April 22" meeting at which time the Planning Commission will be asked to forward a recommendation on a Planning Commission Draft Sign Code to the City Council for their review and adoption. Attachments A. Guidance on the Use and Placement of Real Estate Signs in Residential and Commercial /Industrial Zones B. Staff's Response to Westfield's Comment Letter dated March 25, 2010 C. Email from Robert Schofield D. Email from Jerry Downer E. Letter from Westfield, LLC dated April 8, 2010 B. Miles Page 2 04/09/2010 W:\Long Range Projects \Sign Code Update \Written Public Comments \City Reponses\PC Meeting, 2010.04.08.doc • • • TO: Planning Commission FROM: Brandon Miles, Senior Planner DATE: April 8, 2010 RE: Sign Code Update Guidance on the Use and Placement of Real Estate Signs in Residential and Commercial /Industrial Zones Issue At the March 25, 2010 Public Hearing on the Sign Code, a representative from Seattle /King County Realtors noted concern that the draft sign code did not call out "real estate" signs as being permitted under the new code. The purpose of this memo is to layout the specific code sections that would allow for the use of real estate signs, both in residential and commercial areas, under the draft sign code. Discussion When we started the sign code update process the City Council, Planning Commission, and Sign Code Advisory Committee were briefed on the importance of creating a "content neutral" sign code. The draft sign code strives to only regulate the time, place, and manner of signs being displayed in the City. The draft code does not, unlike the current code, provide specific regulations based solely on content. Often certain incidental signage, such as real estate and garage sale signs, are specifically exempted from the requirements of a sign code. For example Tukwila's current sign code exempts real estate signs in residential zones that are up to six square feet in area. Our sign code also exempts home occupation signs that are up to 1.5 square feet in area within residential zones. Real Estate Signs in Residential Zones In order to avoid regulating content, real estate signs are not called out in the exception section of the draft sign code. Instead, the draft sign code allows each property within a residential zone to have one six square foot banner or rigid sign that is temporary in nature (Draft TMC 19.12.030 (K)(2)). While the sign must be temporary in nature, such as a real estate sign, there is no limit on how long the sign can be displayed. In the letter from the Seattle Realtors, they requested provisions to allow real estate signs to be displayed when a house is for sale, lease, or rent. As written, TMC 19.12.030 (K)(2) will allow for the display of a real estate sign or any other type of message. With regards to open house directional signs, the draft sign code has no restrictions on temporary signage from sunset on Friday (or the day preceding a holiday) until sunset on Sunday (or the day following a holiday) within residential zones (Draft TMC 19.12.030 (K)(2)). B. Miles Page 1 04/09/2010 W: \Long Range Projects \Sign Code Update \Written Public Comments \City Reponses \Real Estate Sign- Attachment A As noted in the same subsection, "It is intended that this subsection shall apply to garage sale and real estate open house signs, however content of the sign is not restricted ". It is also important to note that the signs permitted under the draft sign code in TMC 19.12.030 (K) may have either on premise or off premise messages. Thus, property owners on the corner could allow a sign to be placed in their yard to denote that a house is for sale down the street. This is permitted because content of the sign will not be controlled. Hypothetical Example James Smith has a house for sale at XXXX S. 151 Place. The street is a dead end and the main access to the property is from S. 151 Street, a busy residential street. Under the draft sign code, Smith would be allowed a sign in his front yard under TMC 19.12.030 (K) (2). The sign cannot be greater than six square feet in size. Smith can choose any style of sign; it could hang from a post, be staked into the ground, or placed in the window. Also, Smith could utilize TMC 19.12.030 (K) (1) to install a small 1.5 square foot sign on the building wall noting that the house is for sale. Smith wants people along S. 151 St. to see that his house is for sale and an open house will be held to attract prospective buyers, so Smith approaches Brad Johnson living on the corner of S. 151 St. Smith gets permission from Johnson to install a real estate directional sign in Johnson's yard or adjacent ROW with an arrow to help guide people to Smith's open house. The "for sale" sign cannot have an area greater than six square feet (Draft Sign Code TMC 19.12.030 (K) (2), and can be up indefinitely. The draft sign code under TMC 19.12.030 (K) (3) can be used to allow Smith to display open house signage on both his property and Johnson's property under the time periods listed (from sunset on Friday until sunset on Sunday). Summary -Real Estate Signs in Residential Zones The proposed code strives to balance opportunities for necessary signage, such as real estate signs, with protecting the character and environment of residential areas. The draft sign code will allow for more real estate signs within residential zones than the existing sign code. One of the issues with using content to regulate allowable signage is that certain common sign types could be inadvertently excluded from the list of allowable signs. For example, the existing sign code specifically notes that real estate signs are allowed in residential zones, but fails to note that garage sale signs are permitted. By not using content to regulate signs and instead only focusing on time, place, and manner restrictions, we do not have to attempt to list every type of signage that a homeowner in a residential zone might wish to display. Real Estate Signs in Commercial /Industrial Zones Under the draft sign code, there are no restrictions on placing real estate signs within commercial or industrial zones. In fact, the allowable signage has actually been expanded to include a variety of signs not found under the existing sign code. The existing code limits the size of real estate signs in commercial and industrial zones to 16 square feet (TMC 19.12.050 (4)(a)). With the proposed sign code, a real estate sign could be installed using any of the allowable signage types found under TMC Chapter 19.20 (Permanent Signs) or TMC Chapter 19.24 (Temporary Signs). B. Miles Page 2 04/09/2010 W:\Long Range Projects\Sign Code Update\Written Public Comments\City Reponses\Real Estate Signs.doc • • • • The following examples illustrate how commercial /industrial real estate signs can be installed under the proposed sign code: • • 1. A property owner could utilize the provisions for installing a freestanding sign to install a real estate sign. Given that the total number of freestanding signs is being increased, one of the additional freestanding signs could be a sign noting that the property is for sale, lease, rent, etc. The area of the sign would be based on the linear frontage that the property occupies and could range in size from 36 square feet per side up to a maximum of 72 square feet per side. Additionally, a property owner could utilize an existing freestanding sign to install a face or panel noting that the property is available. Since the City would permit the signs as permanent signs, there is no restriction on the duration of display. 2. A vacant tenant suite could install a flush mounted building sign (wall sign) noting that the property is for sale, lease or rent. The size of the sign would be based on the exposed building face and could range in size from a minimum of 20 square feet up to a maximum of 150 square feet. The sign would be permitted as a permanent sign and thus allowed to remain with no restrictions on duration of display. The same tenant suite could also utilize permanent window signs. 3. A premise or a tenant space could also utilize temporary banners for real estate sign purposes. These signs could not exceed a total of 64 square feet for all banners and could only be displayed for a maximum of 30 days per calendar quarter. Hypothetical Example Regency Parkway Supercenter located on Southcenter Parkway has a tenant space that is available for lease. To assist in the lease of the tenant space, the property owner desires to install real estate signs on the premise. Currently, the premise has two freestanding signs and there is no building signage on the tenant space that they wish to lease. The total linear frontage for the premise exceeds 1,600 square feet and, thus, under the draft sign code, the property would qualify for four freestanding signs. Since the property already has two freestanding signs, the property owner uses one of the two remaining allowed freestanding signs to install a real estate sign. The sign is a two -faced sign with each face having an area of 50 square feet. The exposed building face for the tenant space is approximately 2,000 square feet and, thus, the tenant space is eligible to install an 80 square foot wall sign which the property owner uses to install a for lease sign. Summary -Real State Signs in Commercial /Industrial Zones The draft sign code places no restrictions on using real estate signs in commercial and industrial zones. In fact, the total number of signs can be expanded to include more signs than are allowed under the existing sign code. It is important to note that a property owner will have to choose which signage they wish to install. If a property only qualifies for one freestanding sign and there is an existing freestanding sign on the property, a separate freestanding real estate sign would not be permitted. In such a case, presumably the property owner will forego the existing freestanding sign in favor of a real estate sign in order to facilitate the sale or lease of the space while it is on the market. B. Miles Page 3 04/09/2010 W: \Long Range Projects \Sign Code Update \Written Public Comments \City Reponses \Real Estate Signs.doc Conclusion Real Estate signs are an important type of sign that needs to be accommodated in the proposed sign code. The draft code provides several avenues to install real estate signs in the City without regulating content. B. Miles Page 4 04/09/2010 W:1Long Range Projects\Sign Code Update\Written Public Comments\City Reponses\Real Estate Signs.doc • • • • TO: Planning Commission FROM: Brandon Miles, Senior Planner DATE: April 6, 2010 RE: Sign Code Update Staff's Response to Westfield's Comment Letter dated March 25, 2010 Westfield, LLC provided written and oral comments at the sign code public hearing on March 25, 2010. Staff has reviewed these comments and provided a recommendation for each specific item below. Background In 2008, the City of Tukwila and Westfield, LCC entered into a revised development agreement for signage at the Mall. Many of the signs currently displayed at the Mall were permitted under this agreement. One of the goals of the master sign program chapter of the proposed code was to incorporate elements of the development agreement into the code. This will prevent many of the existing signs on the Mall premise from becoming non - conforming when the agreement expires in 2018. • 1. Monument Sign Height Issue The Mall currently utilizes monument style signs around the perimeter of the mall • premise. These signs were approved as part of the 2008 Development Agreement. Under the proposed sign code the maximum height for monument signs will be eight feet. Westfield, LLC expressed concerns that the existing signs would become non- conforming under the new sign code and proposed revising the code to allow height G" modifications under the master sign program. 1414'44- Staff's Response Staff agrees that certain monument signs should not be made non - conforming when the new sign code is adopted and provided draft language for the Planning Commission to consider at the February 25, 2010 meeting to address proposed code language. Staffs proposed language applies city wide and not just to those properties that are eligible for the master sign program. The proposed language will allow any monument sign in the City that is slightly out of compliance with the proposed code to be considered a conforming sign. Staff is proposing that the following language be inserted into th %non- conforming chapter of the new sign code: "Any monument sign that was installed in the City prior to the effective date of this code and that exceeds sign code standards as to sign area, height, or setback by 15 percent or less shall be deemed a conforming sign ". B. Miles Page 1 04/09/2010 W: \Long Range Projects \Sign Code Update \Written Public Comments \City Reponses \Mall Comments, 2010.04.06.doc Attachment B Recommendation: Adopt staff's revised language that was presented at the February, 25, 2010 meeting. 2. Building sign Maximum Area Issue Under the master sign program the area for flush mounted building (wall) signs could be increased 50% from the allowable sign area found under 19.20.050 (A), up to a maximum of 150 square feet. Westfield proposed that the allowable size of wall signs be 6% of the tenant wall space with no size limit. They noted that several of the existing flush mounted building (wall) signs exceed the size allowed in the proposed code. The oversized signs were approved under the 2008 Development Agreement. Staff's Response Staff agrees that creating non- conforming situations should be avoided where practical. Using the 6% limit would be consistent with the size limits that have been proposed for the "landmark business" wall signs. Staff does have some concerns that a maximum ceiling is not being proposed as is being done with other allowances for flush mounted building (wall) signs. For example, the wall sign for a landmark business can be 6% of the wall of the tenant space up to a maximum of 500 square feet. Recommendation: Staff proposes that the flush mounted signage be permitted to be 6% of wall area of the tenant space up to a maximum of 250 square feet. This would allow larger wall signs on any property eligible for the master sign program. 3. Parking Structure Incentive Signs Issue As part of the 2008 Development Agreement the City permitted the installation of large banners, referred to as brand alliance signage (brand alliance signage will be called "parking incentive signage" under the new sign code). Per the Development Agreement, the City permitted each banner to be up to 288 square feet in size. The Development Agreement also permitted up to two banners on most walls of the parking structure walls. These parking structure walls also contain permanent signage, such as signage for Westfield and signage for adjacent anchor tenants. Westfield, LLC has proposed the following modifications to the master sign program chapter: a. The total parking structure incentive sign area be up to 6% of the parking structure wall. b. Additional on premise signage on parking structures would be permitted to a maximum of 3% of the parking structure wall. The signs would be limited to channel letters, which would be similar to the current building mounted signs on the parking structures. Westfield, LLC noted concerns that the existing signage could be made non - conforming under earlier recommendations that were proposed by staff. Staff's Response As noted, staff is attempting to codify the development agreement between the City and Westfield, LCC. At the February 25, 2010 meeting, staff distributed modified language B. Miles Page 2 04/09/2010 W:1Long Range Projects\Sign Code Update\Written Public Comments\City Reponses\Mall Comments, 2010.04.06.doc • to the Public Review Copy of the Draft Sign Code. Staff realized that the initial draft language would make some of the existing brand alliance signage at the mall non- conforming. Staff's revised language noted the following: "One wall of the parking structure may have signage, including incentive signage and v' permanent channel letter signs, which does not exceed 8% of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, which does not exceed 6.5% of the exposed face area. Ventilation openings may be included in the parking structure face area calculation ". No other structure in the City will be permitted to have as much wall signage as will be permitted with parking structures. For example, the proposed sign code will permit a wall that has an exposed wall area of 5,000 square feet to install a 150 square foot sign, which would be 3% of the total exposed wall area. Using the two proposals on an existing parking structure wall we can see the difference in the total amount of signage that would be permitted. The south elevation of garage A has an exposed wall area of 11,037 square feet. Under the Westfield proposal the wall would be permitted 993 square feet of sign area. Under Staff's proposal the wall would be permitted anywhere between 717 square feet and 882 square feet, depending on which wall they apply the 8% allowance proposed by staff. • Recommendation: Adopt staff's revised language that was presented at the February, 25, 2010 meeting. 4. Grand Monument Signage Issue The proposed code provides allows grand monument signs for those premises eligible for the master sign program. Staff had proposed the following under the draft sign code: a. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. b. Total height of the sign structure may not exceed the height of the tallest building on the premises. Westfield proposed the following changes: a. On premises between 15 to 30 acres, sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on the structure size is removed. On premises greater than 30 acres, the sign message area may be increased by 100 square feet per side, 200 square feet for every 5 acre increment above 30 acres to a maximum of 85 acres or 1,200 square feet per face, 2400 square feet total. b. On premises between 15 to 30 acres, total height of the sign structure may not exceed the height of the tallest building on the premises. On premises larger than 30 acres, an additional foot in height for every acre of the premises above B. Miles Page 3 04/09/2010 W: \Long Range Projects \Sign Code Update \Written Public Comments \City Reponses \Mall Comments, 2010.04.06.doc 30 acres is permitted to a maximum of 85 acres for a maximum total height of 55 additional feet above the tallest building on the premises. Staff's Response As we move forward we should keep in mind the recommendations provided by the Sign Code Advisory Committee. The recommendations of the Committee attempted to move the City away from large signs, such as pole signs and freeway interchange signs and instead make buildings and building signage the focus. The proposal regarding the grand monument signs was not reviewed by the Committee, but instead was proposed by staff when the Planning Commission began to review the proposed sign code. Sign Area The proposed message area outlined by the mall is enormous. Billboards in the City do not even have a sign area as large as what is proposed by Westfield. It should be noted that staff capped the message area of the sign, but did not cap the area of the sign itself. This was done in order to promote a creative design for grand monument signs. The Westfield proposal would allow very large signs throughout the City which will be larger than any sign currently found in the City. The current 3 -faced pylon sign at the property as a total sign area of 765 square feet, with each face having a sign area of 255 square feet. Sign Height The highest building at the mall is currently 90 feet. Under the proposal presented by Westfield the grand monument signs at the Mall could be 145 feet tall. The proposed height of this sign structure would be significantly taller than any sign currently found in the City. Under the existing sign code, freeway interchange signs can be no taller than 125 feet. The zoning height limit for the TUC zone is 115 feet tall. As outlined by Westfield the proposed signs would dominate the Urban Center and surrounding areas. The existing pylon sign at the mall is only 105 feet tall. Recommendation: No change from staff's original proposal. In their comment letter, Westfield noted that these signs would, "...allow our retailers to complete with other regional alternatives ". However, regional malls in the area, such as Bellevue Square, Alderwood Mall, Northgate Mall, Tacoma Mall, Capital Mall, and the Commons at Federal Way do not have any signs that are even close to the height and area proposed by Westfield. Staff agrees that visibility from 1 -5 and 1-405 for the mall is important. However, it's the Mall structure and not signs that should be visible from the adjacent freeways. As the mall moves to redevelopment the City and Westfield should work to locate new buildings closer to the adjacent rights of way which will increase visibility for the mall along 1 -5 and 1 -405. 5. Grand Monument Signs- Maximum Number Issue Westfield has proposed to increase the total number of grand monument signs permitted from two to three for premises greater than 55 acres. Staffs Response The Sign Code Advisory Committee recommended that the City move away from large, tall signs and instead rely on more building mounted signage. Yet, staff proposed the idea of the grand monument signs because many large sites still need the ability to have B. Miles Page 4 04/09/2010 W:1Long Range Projects \Sign Code Update\Written Public Comments\City Reponses\Mall Comments, 2010.04.06.doc • • • large signs and that the grand monument signs can mitigate for the loss of the freeway interchange signs. Staff agrees that visibility from adjacent rights of way is important. When people drive by the mall they should see a lively, fun place. It's overly simplistic to think that signage will create the atmosphere that both Westfield and the City desire in this area of the City. Instead focus should be on the buildings, lighting, landscaping, and other elements that contribute to the environment that Westfield and the City desire to create. Recommendation: No change from staff's proposed language. 6. Regional Gateway Sign Issue Westfield, LLC proposed draft language in the draft sign code that would permit a regional gateway sign via a development agreement. Staff's Response Staff has no concerns with the proposed suggestion. Even with the inclusion of such language the City would not be obligated to actually enter into a development agreement. Recommendation: Staff recommends that the following language be included in the proposed sign code: "In addition to the signs otherwise allowed under this chapter, the City mal allow by • Development Agreement, on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Southcenter area of the City. The standards for such a sign shall be set forth in the Development Agreement ". B. Miles Page 5 04/09/2010 W: \Long Range Projects \Sign Code Update \Written Public Comments \City Reponses \Mall Comments, 2010.04.06.doc Brandon Miles - Request for a separate district to be incorporated in the proposed TukwilaSign Code From: "Robert Schofield" To: "Nora Gierloff' Date: 04/05/2010 5:09 PM Subject: Request for a separate district to be incorporated in the proposed TukwilaSign Code CC: "Christian Schofield" , "Brad Decker" , "Robert Schofield" Dear Nora, This is a request to have a separate district incorporated in the proposed Tukwila Sign and Visual Communication Code (Title 19). Consistent with the intent of Title 19, street safety and the promotion of our businesses, I would ask the city to consider a separate district for freestanding signage on Southcenter Parkway between Strander Blvd and S. 180th Street, an extremely dense and dangerous traffic section with close to 2,000,000 square feet of retail shopping. By dramatically reducing sign size and visability this proposed revised code hurts business bu making it more difficult to: 1. Find a store. 2. Create an impulse to try a store as a result of seeing the store's sign. Please consider adding this district where the existing freestanding sign code would remain in place. Thank you for your consideration. Bob Schofield Page 1 of 1 Safety is endangered by: 1. Making it more difficult to see a store's sign. This results in slower driving causing turnout lane changes for cars behind. Further, having missed locating a store the driver now must turn around and redrive the street thereby adding more traffic and dangerous turns. 2. Not being able to see easy to read above the traffic sign we now have drivers must turn their heads and look into shopping centers. On this fast crowded street this is inviting accidents. Pole signs allow drivers to keep looking forward, a much safer situation. Attachment C file: / /C: \temn\XPernwise \4BBA 1 D4Ftuk- mail6300- no200200005F 116DB51 \GW } 00001.... 04/08/2010 • so Brandon Miles - Sign Code Update From: "Jerry Downer" To: Date: 03/23/2010 9:35 AM Subject: Sign Code Update Brandon, Thanks for sending a draft of the proposed sign code update. I have read through your draft and I'm impressed with the thought and completeness of the new code. I believe you have a very workable code to satisfy most types of businesses operating in the City of Tukwila, yet controlling the visual "clutter ". I have two minor suggestions for improvement: Jerry Downer Evergreen Sign Co. 1513 Central Ave. S. Kent, WA 98032 T 253- 852 -1354 C 206 - 949 -7550 Page 1 of 1 Section 19.12.030 2 square feet per face is too small for directional signs in many of the warehouse /distribution business parks. Many times, these parks have truck drivers from out of state trying to find the delivery or pickup doors of a customer in a multi- tenant building. I suggest increasing the size to 3 square feet for these types of business parks. I think 2 square feet is fine for smaller parks with offices. Section 19.20.020 The requirement that each and every sign within a business park be listed on an application for a tenant in a 0 multi- tenant building /business park puts a huge burden on the sign company making the application, or an increased cost to the customer for the sign company to do a complete inventory of all signs, their size, location, etc. Since the City will allow each tenant to have at least one sign advertising their business, why require an inventory of all signs? Presumably, the City has already approved each existing sign, so they should already have an inventory. If a tenant wants more than one sign (e.g.; wall sign and monument sign), then I can see a need to list other monument or pylon signs within the premises. Overall, a great code update. Please consider the above revisions. I have a previous meeting scheduled for March 25 so I won't be able to attend your hearing. I appreciate the opportunity to give some input into the new code. Attachment D file: / /C:\ temp\ XParnwise \4BA88B6Atuk- mai16300 -no 100130796C 117CEF 1 \GW }00001.... 04/01/2010 • Weseekl • April 8, 2010 Tukwila Planning Commission 6300 Southcenter Blvd., #100 Tukwila, WA 98188 Re: Westfield's follow up comments to Tukwila's Draft Sign Code Honorable Planning Commissioners: Westfield, LLC 2800 Southcenter Mall Seattle, WA 98188 T 206.246.0423 F 206.244.8607 Thank you again for extending the public comment period on the proposed changes to Tukwila's Sign Code. We are responding to questions that were raised at the public hearing March 25, 2010 regarding Grand Monument Signs and our letter dated March 25. Again, one primary goal of signage at Westfield Southcenter is to welcome and invite patrons to the center to increase the sales performance of our retailers. The signs at Westfield Southcenter need to communicate this message: Southcenter and Tukwila represent a unique, attractive, high quality shopping, dining and entertainment experience. The increase in height and message area for the Grand Monument Signs is required to achieve that objective. As demonstrated in our presentation at the public hearing, the current "branding" of Southcenter from the freeways is limited to the following: View on southbound I -5 of the WA -DOT "Southcenter" sign: it can get lost in all the other messaging for Renton, Tacoma and Sea -Tac (other regional retail alternatives). Attachment E Tukwila Planning Commission April 8, 2010 Page 2 of 5 View on southbound 1-5 of the existing Southcenter freeway interchange sign the current sign area and height is not adequate to communicate the high quality shopping environment and reinvestment to passing motorists. View on northbound I -5. The south expansion of the mall is not obviously visible to passing motorists given the topography and difficult sight lines. On I -405, where there is no view of the south side of the mall, there is no visual evidence that the mall has been expanded or revitalized in 2008 other than portions of the back of the AMC building. The existing freeway interchange sign is also circled above. C:1Documents and Settings Mlee, WESTFIELD1My Documents\! Southcen ter Mervyn \City of Tukwila\Sign Code \2010 03 \Westfield Sipe Comments 201004 08. doc • Tukwila Planning Commission Page 3 of 5 April 8, 2010 Anecdotally, we still encounter many residents of Seattle and Bellevue that tell us nearly two years after our 2008 expansion that they had no idea we have improved the shopping center so dramatically. Potential shoppers and tourists from SeaTac Airport going to their cruise ship terminals in Seattle also have little chance to identify the Southcenter area as a retail destination from their taxis and shuttles on SR 518 to the I -5 interchange. If they knew of the mall's location they might choose to spend time at the end of their cruises at Tukwila's retailers and restaurants while waiting for their return flights home. This photo was taken from an elevated position overlooking the interchange of SR518 and I -5. The existing freeway interchange sign is not discernable from SR518 for passing tourists and motorists coming from SeaTac airport. C:\Documents and Settings \nlee. WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code \2010 03 \Westfield Sign Comments 201004 08.doc Tukwila Planning Commission April 8, 2010 Page 4 of 5 In our letter dated March 25, 2010, we proposed a sliding scale for the Grand Monument Signs' maximum message area and height. As a point of reference, the existing message area of the mall's freeway interchange sign is 225 sq.ft.(12.5'h x 18'w) and the height is roughly 125 feet. By comparison, the proposed Grand Monument Sign maximum message area of 1,200 sq.ft. (60'h x 20'w) and height for the mall at 55 feet above the tallest building on the premises at 90 feet, or 145 feet total is shown in the photo below. As you can see above, we strongly believe that the proposed maximum size and height is harmonious and appropriate in the shopping center environment at Westfield Southcenter. The design of all Grand Monument Signs would still be subject to BAR approval under the proposed Master Sign Program. C\Documents and Settings \nlee. WESTFTELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code120I0 031Westfield Sipe Comments 201004 08.doc • • • Tukwila Planning Commission April 8, 2010 We at Westfield Southcenter are always available to continue a dialogue with you on this very important subject for the City of Tukwila. We welcome your feedback. Thank you again for your attention. Very truly yours, • Nicholas Lee Development Manager Enclosures Cc: Tukwila City Council Jack Pace Nora Gierloff Brandon Miles Antony Ritch Andrew Ciarrocchi C:\Documents and Settings \nlee. WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code \2010 03 \Westfield Sign Comments 201004 08.doc Page 5 of 5 MAR 2 5 2010 COMMUNITY DEVELOPMENT DATE: March 25, 2010 TO: Tukwila Planning Commission Dear Chair Arthur and Members of the Planning Commission: SEATTLEKingCounty REALTORS GOVERNMENTAL & PUBLIC AFFAIRS (425) 974-1011 ® www.NWREALTOR.com 12410 SE 32nd St. #100 ® Bellevue. WA 98005 Copies to: Mayor Haggerton, City Council President Robertson & Members of the City Council, City Administrator Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS® 29839 - 154 Ave SE, Kent, WA 98042 -4557 (253) 630 -5541 • SamPace @concentric.net • RE: Submission of March 25, 2010 Public Hearing Comments of Record Regarding Proposed Amendments to the Tukwila City Sign Code My name is Sam Pace and I'm a Housing Specialist with the Seattle KingCounty Association of REALTORS ®. I'm writing to you on behalf of our 6,000+ members regarding the Public Review Draft of the sign code to (1) draw your attention to our concerns with the proposed draft, (2) to request that the commission address our concerns before any proposal is forwarded to the City Council, and (3) to request that both these comments and the following materials which I have enclosed be included in the City's Public Hearing Record (I previously provided Brandon Miles with copies of these additional materials on September 21, 2009): • E -mail to Brandon Miles from Sam Pace (enclosed copy provided to me by David Crowell) dated September 21, 2009, regarding signs in the Right -of -Way (2 pages) • A White Paper Prepared for the City of Tukwila By The Seattle -King County Association of REALTORS® Regarding Off -Site Open House Signs, September • 21, 2009 - Real Estate Signs: Public Policy Considerations (8 pages) RECEIVED • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPM NT DATE: March 25, 2010 TO: Tukwila Planning Commission; Copies to: Mayor, City Council President & Members, Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS® RE: March 25, 2010 Public Hearing Comments of Record Re Proposed Amendments to Tukwila Sign Code PAGE: 2 of 7 • A White Paper Prepared for the City of Tukwila By The Seattle -King County Association of REALTORS® Regarding Off -Site Open House Signs, September 21, 2009 - Real Estate Signs: Constitutional Issues and Legal Considerations (9 pages) • "Information Regarding Real Estate Signs" from Sam Pace, Housing Specialist, Seattle - King County Association of REALTORS® (4 pages) • Hebert Research Proprietary Research Data on Real Estate Signs (release authorized by John L. Scott Real Estate which commissioned the research for use in connection with its own property marketing efforts) (10 pages) Residential Real Estate - Related Concerns with the Ordinance We have four kinds of concerns with the draft ordinance relative to residential real estate signs: 1. Residential Real Estate On - Site Yard Signs It is not clear - and it should be clear - that the ordinance allows temporary on -site yard -arm type real estate signs in the yards of homes that are for sale, without a permit, 24/7, during the time that the property (home, condominium, residentially zoned land or building lot) is offered for sale, and until a pending sale has closed. This issue arises because such signs do not appear to be included in the definitions of temporary signs for which no permit is required: • Proposed code section 19.12.030 (J.) includes "four directional signs per premises" (which in the real estate industry are known as Open House "A- Boards.") • But proposed section 19.12.030 does not expressly authorize the common and historically - allowed on -site (in the yard of the home for sale) real estate signs which are larger than the dimensions of the signs allowed in subsection (J.) • Under the language of the draft, the exceptions in proposed 19.12.030 are to be "narrowly construed" and such signs are not allowed unless expressly authorized as temporary signs for which sign permits are not required. 2. The Open House A -Board Sign Restrictions in proposed section 19.12.030 • RECEIVED MAR 252010 COMMUNITY DEVELOPMENT DATE: March 25, 2010 TO: Tukwila Planning Commission; Copies to: Mayor, City Council President & Members, Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS@ RE: March 25, 2010 Public Hearing Comments of Record Re Proposed Amendments to Tukwila Sign Code PAGE: 3 of 7 • While 19.12.030 (K) might initially appear to allow such on -site For Sale real estate signs (as distinguished from open house signs), the language of 19.12.030 (K)(3) really muddies the water in a way that creates doubt. In the face of such doubt, the proposed code would require "narrow construction" of the language so as to not allow such signage. • The chances of selling a home without a sign in the yard is a very, very, very, long shot in this depressed market - and a much lengthier undertaking in any market. • We need to be able to have one on -site "For Sale" sign in the yard for each street frontage on the property, and to be able to display it 24/7 from the time the property goes on the market until the sale closes, especially since as many as 20 +% of the sales in recent months have failed due to inability of buyers to satisfy the financing contingency provisions of the purchase and sale contract. (K) (3): Are unworkable because they do not accommodate Brokers Open Houses (for real estate agents) or Special Promotions (such as the "National" and "Statewide" Open House events), and They appear to be in conflict with the provisions of proposed section 19.12.030 (J), which - based on our current understanding - appears to be the better approach. • It appears that proposed section 19.12.030 (K) (3) would only allow Open House A- Board signs on the weekend. That limitation appears to be inconsistent with the lack of such restrictions in proposed 19.12.030 (J), which - based on our current understanding - appears to be the better approach. • REALTORS® hold multiple kinds of "Open House" events, including: (1) Open Houses for members of the public (usually, but not always, held on weekends), and ORECE!VED MAR 2 5 2010 COMMUNITY DEVELOPMENT DATE: March 25, 2010 TO: Tukwila Planning Commission; Copies to: Mayor, City Council President & Members, Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS@ RE: March 25, 2010 Public Hearing Comments of Record Re Proposed Amendments to Tukwila Sign Code PAGE: 4 of 7 (2) Brokers' Open Houses for agents. A Brokers' Open event typically is not held on weekends when agents are holding Open Houses for members of the public, and showing properties to potential buyers, including but not limited to out -of- town buyers that may be re- locating to the area. (3) Additionally, to try to stimulate sales in this struggling market, REALTORS® are creating and holding "Statewide" and "National" Open Houses with coordinated media. They've been successful events, but they're not limited to the time frames in proposed section 19.12.030 (K) (3). As a side note, I would indicate that with regard to off -site Open House A -Board Signs (which are sometimes placed in the right -of way and are discussed immediately below), REALTORS® have long supported those Open House A -Board signs being subject to reasonable time, place and manner restrictions that limit display of the signs to hours between dawn and dusk (or sunset and sunrise, which are supported by published times used by meteorologists), so that the signs are picked -up every day. We have not opposed a similar restriction on all temporary signage in the right -of -way that I am aware of. 3. Unconstitutional Restraint Proposed on Signs in the City Right - of - Way As discussed in considerable detail in the accompanying materials (referenced above, and included with these comments), the staff - proposed ban on signs in the right -of -way appears to us to be clearly unconstitutional: • Speech (including signs) is protected under the 1st Amendment to the United States Constitution, and Article I of the Washington State Constitution. • Speech in public forums is protected. The courts have held the right -of -way is a public forum. In fact, the United States Supreme Court held in Boos v. Barry that they are "quintessential public forums." That decision has been cited with approval by the Washington State Supreme Court in its Collier decision. • City ordinances restricting speech in public forums are presumed to be unconstitutional and the entire burden is on the City to prove the ordinance is legal. The courts typically apply a "strict scrutiny" standard, granting local governments no deference in such matters. • RECEIVED MAR 2 5 2010 COMMUNITY irsowci AOBRF[NT DATE: March 25, 2010 TO: Tukwila Planning Commission; Copies to: Mayor, City Council President & Members, Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS® RE: March 25, 2010 Public Hearing Comments of Record Re Proposed Amendments to Tukwila Sign Code PAGE: 5 of 7 In fact, in the recent Ballen case (where our Seattle Association was represented by Perkins Coie and appeared amicus), the Federal Court of Appeals for the Ninth Circuit in San Francisco held it was inappropriate for the trail court to consider the opinions of staff about the value of the city's sign code restrictions. Instead, hard proof is required for a city to have any chance to make its case that an ordinance is effective in vindicating a compelling public interest, and the compelling interest must be so strong as to justify a prophylactic prohibition on 1 Amendment (federal) and Article I (state) Constitutional Rights. Whether or not some other cities have a ban that has not been challenged will be of no consequence in protecting the City of Tukwila from an expensive legal challenge. The City of Tukwila's sign code must stand on its own merits, documented in its own factual record, when being judged. • Cities have lost every recent sign case we are aware of that has been brought in Washington State (the Tacoma. Kitsap and Ballen /Redmond decisions). When confronted with municipal limitations on commercial speech in the form of signs, the courts (both the Washington Supreme Court in the Kitsap case, and the Washington Federal District Court and 9th Circuit Court of Appeals(in the Ballen case) have vindicated entitlements to more commercial speech and signage, not less. In those historical situations when speakers have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated with the REALTORS'® placement of temporary open house signs; for example: cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983), have involved stringing signs over utility wires, and posting of signs on utility poles. The REALTORS® do not advocate such conduct. • The likelihood of a federal court constitutional legal challenge to a Tukwila ordinance banning Open House Signs in the city Right -Of -Way would be extremely high here in King County. A state court challenge under Article I would be an additional possibility. 4. Miscellaneous Technical and Drafting Concerns I want to briefly mention three smaller issues, one involving due process notice to sign owners, and two involving definitions: DATE: March 25, 2010 TO: Tukwila Planning Commission; Copies to: Mayor, City Council President & Members, Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS® RE: March 25, 2010 Public Hearing Comments of Record Re Proposed Amendments to Tukwila Sign Code PAGE: 6 of 7 Notice of City Possession of Signs Proposed section 19.12.170 (C.) proposes to give the City the right to remove signs, and then destroy them. But there is no requirement in the code to give the sign owner or homeowner any notice that it is the City, and not someone else, who has picked up their sign and is prepared to destroy it for enforcement purposes. REALTORS'® Open house signs are expensive, and such notice would be a good idea, especially since there is identifying and contact information on the on -site sign at the home to which the buyer is being directed. At a minimum, there should be timely and adequate such notice given by the City if there is ownership and contact information on the sign. Definitions • Commercial Zones - To avoid the necessity to amend the sign code every time the City tweaks its zoning code, it might make sense to add the following clause - or something similar to it - to the end of the definition: "...or subsequently zoned with a different zoning designation that is not exclusively non - residential in nature." MAR 2 5 2010 COMMUNITY DEVELOPMENT • Multi - Family Complex - think the intentions of staff may be clear, but I'm not sure the definition is clear: The words "any structure or group of structures within a residential zone that contains at least five dwelling units" might also include a group of single - family (homes) structures in a short plat or subdivision, as currently worded. Perhaps inserting the word "multi family" in the language of the definition would make sense so that it reads " "any multi family structure or group of multi family structures within a residential zone that contains at least five dwelling units" Additional Commercial Real Estate Signage Concerns In addition the foregoing items, I understand that some of our commercial agents (and the property owners they represent) also have concerns about new restrictions that would limit the utility and effectiveness of signage for commercial businesses operating at fixed locations, and that they plan to address those issues for the Commission this evening. As you know, the residential real estate market has not yet fully recovered, and the same is true for the commercial real estate market, which in the greater Seattle area has one of the highest vacancy rates in the nation. • RECEIVED DATE: March 25, 2010 TO: Tukwila Planning Commission; Copies to: Mayor, City Council President & Members, Steve Lancaster, Wynetta Bivens and Brandon Miles FROM: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS® RE: March 25, 2010 Public hearing Comments of Record Re Proposed Amendments to Tukwila Sign Code PAGE: 7 of 7 A key difference between the two real estate markets is that many industry observers continue to indicate we have not yet seen the bottom of the market in commercial vacancies, credit restrictions and resulting commercial foreclosures. This portends bad news for the City's tax revenue streams (sales, REET, etc.) that are dependent upon a healthy economy that operates in a stable commercial real estate market. As Mayor Haggerton has observed as recently as last month: In addition, the first recital in City of Tukwila Resolution 1656 establishing the Sign Advisory Committee states, • "WHEREAS, the City of Tukwila recognizes that signs are vital to the continued Ste. Pita D�PM The City is still experiencing effects from the economic downturn, and sales tax revenues have not returned anywhere close to our budgeted levels. We are working on many internal cost control issues and completely rethinking the way we do business as compared to the better economic times of the past. I feel confident we will weather this economic storm and we still have considerable interest from new businesses expressing a desire to locate in Tukwila. (Emphasis added) commercial success of businesses within the City;" One way to minimize the potential for the City to avoid additional or sustained harm to the City's tax revenue streams that are dependent upon successful commercial real estate locations would be for the Commission, the Council and the Mayor to take the testimony of commercial real estate experts to heart. Thank your for the opportunity provide these comments of record. We look forward to working with the City as this process moves forward. Sincerely, SEATTLE KINGCOUNTY REALTORS® Sam Pace, JD, MBA, GRI, GC -REP Housing Specialist 29839 154 Ave. SE Kent, WA 98042 -4557 RECEN EDITIPace@concentric.net EDmPace @concentric.net • (253) 630 -5541 M AR 2 5 2010 • • Sam Pace From: "David Crowell" <dcrowell @nwrealtor.com> To: <sampace @concentric.net> Sent: Thursday, March 25, 2010 9:20 AM Attach: Tukwila signs - 2 White Papers Sept 2009.doc; Signs - Testimony outline regarding Importance of Real Estate Signs.doc; Signs - JLS Research Information SFXB38.pdf Subject: FW: Signs in Right -of -Way Original Message From: Sam Pace [mailto:sampace @concentric.net] Sent: Monday, September 21, 2009 12:21 PM To: bmiles @ci.tukwila.wa.us Cc: David Crowell; wrbann @seanet.com; todd @woosleyproperties.com; bryan @wahlstrategies.com Subject: Signs in Right -of -Way Dear Brandon, I don't know that we've met. My name is Sam Pace, and I'm a Housing Specialist for the Seattle King County Association of REALTORS. I am writing to share information with you on the public policy problems, and legal liability issues, for the City regarding any effort to ban signs in the right -of -way. I've enclosed four documents for your information (and for inclusion in the City's record) the first two of which are in a single attachment: • A White Paper on Public Policy Considerations • A White Paper on Constitutional Issues and Legal Considerations • An outline of information related to real estate signs which our attorneys have recommended providing to cities to ensure we have a sufficient record. • A summary of research referenced in the third document As it relates to banning signs in the right -of -way, perhaps the most important "Take- Away" from these first two documents is the following: • Speech (including signs) is protected under the 1st Amendment to the US Constitution, and Article I of the Washington Constitution. • Speech in public forums is protected • The courts have held the right -of -way is a public forum • Such ordinances are presumed to be unconstitutional, and the burden is on the city to prove the ordinance is legal. • The courts typically apply a "strict scrutiny" standard. The cities have lost all recent cases that have been brought in Washington State (Tacoma, Kitsap, Ballen/Redmond). • Whether or not some other cities have a ban that has not been challenged will be of no consequence in protecting the City of Tukwila from an expensive legal challenge. The city's sign code must stand alone apart from other cities when being judged. • The United States Supreme Court has held that: ItCEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT The streets are "...quintessential public forums, the government may not prohibit all communicative activity." See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v. Barry, 485 U.S. 312 (1988). ?age 1 of 2 3/25/2010 While perhaps not what you might have been hoping to receive in terms of the substance of this information, I trust the information here and in the attachments will be of value to you and the City of Tukwila. • The likelihood of a legal challenge to an ordinance banning signs in the right -of -way would be • extremely high here in King County. • More recently, when confronted with municipal limitations on commercial speech in the form of signs, both the Washington Supreme Court (in the Kitsap case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the Ballen case) have vindicated entitlements to more commercial speech and signage, not less. In those situations when speakers have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated with the REALTORS'® placement of temporary open house signs; for example, cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983) have involved stringing signs over utility wires, and posting of signs on utility poles. The REALTORS® do not advocate such conduct. Sincerely, 54. p4a Housing Specialist Seattle KingCounty REALTORS 29839 154th Ave SE Kent, WA 98042 -4557 253- 630 -5541 SamPace @concentric.net cc: David Crowell, JD SKC REALTORS Govt. Affairs Committee . REcEIvED M AR 2 5 2010 COMMUNiTY DEVELOPMENT rage 2 of 2 The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that: "The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S. 312, 318, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988)." 3/25/2010 SEATTLEKingCounty REALTORS' GOVERNMENT'AI. & PUBLIC AFFAIRS • • A White Paper Prepared For the City of Tukwila By The Seattle -King County Association of REALTORS® Regarding Off -Site Open House Signs September 21, 2009 Real Estate Signs: Public Policy Considerations RECEIVED MAR 2 5 20101 c.MMUN{1Y DEVELOPMENT Why Real Estate Off - Premises Open House A -Board Signs Are Critical A family's home is not like stocks and bonds. Families don't wake up one morning, see that "the market is up" and decide to sell the roof that is over their head. Instead, it is usually a significant change in a family's personal circumstances that prompts a sale. What kinds of changes may prompt the purchase of a home, or the sale of a house? A family is blessed by the birth of new children and needs a larger home. It may be a marriage. Or a divorce. There may have been a death in the family. It might be a job promotion. A job transfer. Or it might be the result of getting laid -off at work. Often, the need to sell is immediate, or even urgent. In this real estate market those urgent needs are often desperate given the difficulty in getting homes sold. Real Estate Signs Are Critically Important For Sellers Safely - placed, portable, off - premises A -Board Open House residential real estate directional signs are critical for the families we serve who need to sell. The evidence from the Puget Sound Region is clear: families who need to sell, but who do not have effective access to these off-site signs, experience significantly longer marketing times. For example, the City of Mukilteo loosened its restrictions on real estate off -site Open House Signs after it learned that the its restrictive policy had increased marketing times by 22% compared to Everett, even though the cities share a significant common border. For a family trying to sell a home, the longer Time on Market can have significant financial consequences. If a family must carry multiple mortgage payments (or more likely both a mortgage payment and a rental payment) while they wait for their home to sell, it can be a real and substantial financial hardship on the family. If the financial hardship causes the family to be unable to make multiple housing payments in a timely manner, the resulting blemishes on their • • " ,credit report may make it very difficult for them to qualify for a new home loan. Alternatively, if tliey lack the resources to even attempt to make multiple payments they may not be able to move at all, despite what may be an urgent need to do so. • RECEIVED PIAR't5 2010 It's worth remembering that real estate markets go up, and come down. When stronger markets cool (which happens periodically, because markets are cyclical) the effect of such differences in the amount of time a home is on the market become even more onerous. Off - premises Open House directional signs are also important for Sellers who want to sell their own property without a REALTOR ®. Candidly, there is a financial incentive for our industry to support the elimination of all open house signs in the right -of -way. Doing so would eliminate the most effective marketing tool available to those families who want to sell For Sale By Owner, or FSBO (pronounced "fizz- bow "). •'I1Iow important are these signs for FSBO sellers? We suspect that they are at least as important to FSBO sellers as they are to REALTORS ®: The Real Estate Insider Report indicated that 75% of their survey respondents (real estate agents) identified signs as their most effective sales technique. Restricting a FSBO's opportunity to use these signs to direct people to their home that is for sale would be a significant step in the direction of giving REALTORS® a virtual monopoly on selling homes. It would help to ensure sellers would have fewer, if any, effective alternatives to engaging the services of a REALTOR ®. But market times would be longer for sellers, and ,fiiding a home would be much more difficult for buyers. As we explain below, it would also be "ihconsistent with the objectives of the 1988 Federal Fair Housing Amendments to the Civil Rights Act of 1968. REALTORS® might make more money, but that doesn't make it good public policy. We note that in evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach willing listeners. Analysis of the right to reach willing listeners in a public forum must begin with three observations: 1 COMMUNITY DEVELOPMENT First, sellers and REALTORS® currently have the legal right to put up temporary off - premises open house directional signs. Those off -site signs have traditionally played an important role in the efficiency of our local real estate market, and in supporting the Federal Fair Housing amendments to the Civil Rights Act. Second, the Freedom of Speech implies the right to reach willing listeners. The freedom would mean nothing if the City could require all communication to be made in places where nobody but the speaker was aware of the communication, or where the effect of the regulations is so extreme as to eliminate all, or most all, opportunities to place an off - site real estate sign within the City. Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint on constitutionally protected commercial speech. • MAR 2 5 2010 DEVELOPMENT The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United States Supreme Court in Hague v. C.1.0., 307 U.S. 496, 517 (1939). In U.S. v. Grace, 461 U.S. 171, 177 (1982) the Court also said: "It is also true that 'public places' historically associated with the free exercise of expressive activities such as streets, sidewalks and parks, are considered, without more, to be public forums.'" In fact, the streets and sidewalks have consistently been considered a public forum. In Perry Educ. Ass'n v. Perry Local Educators'Ass'n, 460 U.S. 37, 45 (1982) the United States Supreme Court said the streets are "...quintessential public forums, the government may not prohibit all communicative activity." See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v. Barry, 485 U.S. 312 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that: "The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S. 312, 318, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988)." More recently, when confronted with municipal limitations on commercial speech in the form of signs, both the Washington Supreme Court (in the Kitsap case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the Ballen case) have vindicated entitlements to more commercial speech and signage, not less. In those situations when speakers have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated with the REALTORS'® placement of temporary open house signs; for example, cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983) have involved stringing signs over utility wires, and posting of signs on utility poles. The REALTORS® do not advocate such conduct. National research studies demonstrate that 42% of all buyers used signs in locating the home they purchased. Even more important, however, 17% of all of the buyers found the home they purchased using ONLY the signs. Those are national figures. The local data is also compelling. John L. Scott Real Estate, Inc. (the second largest residential brokerage firm in Washington State and one of the largest firms in the nation) engaged the services of Hebert Research (a well -known and highly regarded research company located in Bellevue) to analyze the role of signs in the buying process. The Hebert Company's research revealed the following: • RECEIVED • • In Western Washington, 50.5% of the buyers said that they found out about the open houses they visited using the real estate signs (as opposed to using newspapers, their agent, brochures, weekly reports, referral by friends or family, television, or other means). It may also be worth noting that respondents who "...were 46 -50 years old were significantly more likely to have found out about open houses by seeing signs when driving around..." John L. Scott's New Solutions Group summarized the results of research conducted by the Company regarding two new home communities that the firm represented. The first is in Renton, and the second is in Bellevue (on Cougar Mountain). In Renton, 57% of the sales were to buyers who did not come to the site the first time with a real estate agent accompanying them. In Bellevue, where the new homes were priced between half and three- quarters of a million dollars, 83% were to buyers who did not come to the site the first time with a cooperating real estate agent accompanying them. Based on his experience of more than 20 years selling new homes, John L. Scott estimated that: "...fewer than half of the customers who have outside agents or buyer's agents come to the community the first time with their agent. In fact, it's almost certainly under 30%." Many buyers use the off - premises directional signs to search independently for a home, and then contact a REALTOR® to represent them only after they have identified a property in which they are interested. The off- premise signs that direct them to the properties play a critical function in this dynamic. Finally, as it relates to buyers, there is one other group that makes extensive use of the signs: First Time Buyers. Buying their first home is a big, big, step for many families. This is especially true when the average sales price in King County. Both high prices in a strong market, and the uncertainty in a down market, can scare the daylights out of First Time Buyers. Not surprisingly, many First Time Buyers prefer to tip -toe gently into the real estate market. By using the off - premise signs to locate homes that are for sale (and which may be tucked away in a cul -d -sac or on a dead end road far from any arterial street), they can attempt to get a sense of the market at their own pace, instead of being in the car with an agent. Real Estate Signage Plays a Critical Role in Fair Housing Title VIII of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of 1988 embodies the simple and morally correct position that our communities should be open to all people. • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT • •RECEIVED MAR 2 5 2010 u In December of 1988, the Federal Trade Commission issued a report entitled The Residential Real Estate Brokerage Industry. That FTC report, which has been cited with approval by the United States Supreme Court [see: Ladue (1994)], points out the important contribution of real estate signs in opening communities to people in a way that is not discriminatory. The basis for the FTC's conclusion is obvious: Real estate signs are not only an important, inexpensive and effective means of marketing real estate, they are also discrimination proof. A real estate sign invites any person - regardless of race, creed, color, sex or national origin - to locate and consider the purchase or rental of the property that is available if they can afford it. The real estate signs make it impossible for any real estate broker, landlord, owner or organization to deny that the property is available, and, hence, make discrimination substantially impossible. Safely - placed temporary Open House A -Board signs provide an important affirmative message about where, and how, to find the property that is available. As demonstrated above, that proposition is clearly born out by the available data. The City should retain the right of sellers and REALTORS® to make effective use off -site Open House signs because doing so facilitates achievement of the objectives of the Federal Fair Housing act. • Consistency in Off - premises Real Estate Signage Regulations Is Important For the Real Estate Industry The majority (if not most) of cities in King County allow placement of temporary off -site Open House A -Board directional signs in, or on the periphery of, the right -of -way with the following kinds of restrictions: • They may not be placed on (or attached to) trees • They may not be placed on (or attached to) foliage • They may not be placed on (or attached to) utility poles • They may not be placed on (or attached to) regulatory signs • They may not be placed on (or attached to) directional signs • They may not be placed on (or attached to) informational signs • They may not interfere with vehicular, bicycle, wheelchair or pedestrian travel • They must be outside of vehicular lanes • They must be outside of bicycle lanes • They must not block traffic views • They may not block driveways • They may not block curb cuts • They may only be in place between dawn and dusk, and must be picked up at the end of each day •RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT • They may not exceed six square feet per side in area, and 36 inches in height • They may not be used unless the (real estate) agent or seller is physically present at the property that is for sale or rent. These are all reasonable restrictions we can live with, and which the cities have a demonstrated ability to live with. They strike a reasonable balance between the need of families to get their homes sold, or to find a new home, and the cities' need for public safety. It is an approach that has worked pretty well. We recommend and support such an approach. As an industry, we believe that in recommending and supporting such an approach, we have a moral responsibility to try to meet cities at least halfway, and hopefully we can do even better than that. Part of our ability to do so means that our Association must recognize that we have an industry with significant turnover. It's been said that: About a third of the people licensed by the state are on their way into, or are recent additions to, our industry; and Approximately an additional one third are solidly established in the business; and The remaining one third are on their way out of the industry. This Rule of Thumb is probably not too far from the mark. The Multiple Listing Service statistics indicate that over time, members have averaged about .3 (note: that's point three) transactions per month. In other words, about one transaction every three months. Some will do better, and some will not do that well. Recently, on average, it's probably been a bit less than that. The commission on that one transaction every three months is usually divided evenly between the listing and selling brokerages. Typically, the agent receives one half of that apportioned amount, or 25% of the total commission. That's before B &O taxes, E &O insurance, cell phone and pager expense, car expense, laptop computers, PDAs, health insurance, mandatory continuing education expenses, MLS dues, REALTOR® dues and personalized marketing expenses. Obviously, some are doing much better than average, but many are not doing that well and are forced by economic necessity to move on. Real Estate is a very tough industry with high turnover. One of the ways real estate agents are forced to respond to these economic realities is to "cover more ground" and be extremely flexible about how far they will travel for work. As a result, in the course of a single year an individual agent may work (list homes) in multiple jurisdictions ranging from Marysville or Snohomish on the North, to Tacoma or Graham on the South. They may also work between Snoqualmie on the East, and Tukwila or Normandy Park on the West. Consistency in the sign code standards becomes very important in facilitating compliance with city sign codes. • RECEIVED MAR 2 5 2010 On the issue if signage, our Association tries to respond to these industry dynamics in three ways: COMMUNITY w First, we ask cities to adopt and retain more consistent standards regarding the right -of- way so that new agents (or agents working outside the city in which their office is located) don't have a significantly different set of sign code standards in each of the more than 40 jurisdictions in the region in which our members work. This is especially important considering that in King County alone there are now at 39 incorporated cities. In fact, we believe the only county in the nation with more local government jurisdictions is Cook County (Chicago), Illinois. Second, we believe we have a responsibility to educate our members about the issues of signage. We take that responsibility very seriously. Examples of the kinds of efforts we make include: • Major lead articles in our industry newspaper, NW REporter, on safe sign placement, and new legal developments, • Articles on specific sign code requirements, • "Broker Updates" stressing legal sign placement, safety for vehicular and pedestrian traffic, and timely removal of open house signs; • Targeted e-mail updates to our 8,000+ members. We can target faxes to specific problem areas; and • Distribution of information provided to our Association by City Code Compliance Officers. Third, we have established a new program to use peer pressure in concert, and in cooperation, with city code compliance officers. And we've added staff that help to ensure it works well. Cities can levy a fine, pick up a sign, or otherwise hold folks accountable if a problem is created. But candidly, we can offer an additional (and sometimes even more effective) "hammer" to the compliance "tool kit" available to your City's code compliance officers if they desire to make use of it. We have the systems in place to be of assistance. In addition to any other appropriate City action, if a code compliance officer observes a violation, the City's compliance officer can contact our Association's Public Affairs Department. This is usually accomplished by calling or faxing David Crowell, the Director of Government and Public Affairs. Phone: (425) 974 -1011. Fax: (425) 973- 1032. Upon receipt of the information, David Crowell faxes a rather stern (almost nasty) letter to the offending agent's broker (the agent's boss) on Association letterhead, outlining the specifics of the situation and telling them their agent is creating a problem for the rest of the industry by engaging in sharp practices. Ste. Pita • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT David also includes either a summary, or the actual text, of the city's relevant sign code provisions. On behalf of the Association, we ask them to clean up their act, and immediately correct the problem. The code compliance officer also receives a copy of the letter so that he or she knows we have followed up quickly with the agent's Broker. That's not the kind of paperwork Brokers like to see coming across their desk. They don't appreciate an agent causing those kinds of problems. Brokers tend to respond to such information by "aggressively rolling the stone downhill," so to speak. By including a copy of the sign code provisions with David's letter, we also create the opportunity for the broker to have a "teachable moment" with the agent about the requirements of the sign code. (Having the entire real estate - related sign code provisions in a single section of the City's sign code is especially helpful in this regard, even though that may make the sign code appear to be longer). Our use of peer pressure is an approach that works, not only because the self policing is effective, but also because it provides the code compliance officers with an additional option to deal with any problems efficiently. We respect the fact that a code compliance officer's time is an asset, just like cash. In fact, the City pays for it with cash. Working together we can help to make their job easier and free up that resource for other kinds of city code compliance issues. David Crowell of the Association's staff can provide a sample of the kind of form we've put together for those code compliance officers who want to make use of this additional tool, as well as sample letters we've prepared to get the Broker's attention, and ring the agent's bell. • We appreciate the opportunity to work with the City and to offer our assistance with our self - policing peer pressure program should the City desire to make use of it. Thank you for the opportunity to offer these comments. Sincerely, SEATTLE -KING COUNTY ASSOCIATION OF REALTORS® Sam Pace, JD, MBA, GRI Housing Specialist • • • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT SeattleKing County REALTORS® 12410 SE 32nd Street, Suite 100, Bellevue, WA 98005 (425) 974 -1011 • WA TF: (800) 540 -3277 • Fax: 425 - 974 -1032 Sam Pace Housing Specialist Seattle -King County Association of REALTORS® INFORMATION REGARDING REAL ESTATE SIGNS A. Uniqueness of the Good Being Advertised by Real Estate Signs 1. The location of the good (i.e., property) for sale is different with each sale. 2. Unlike signs advertising businesses or most goods and services, real estate signs are inherently temporary. B. Necessity of Real Estate Signs to the Home - Buying Process 1. Real estate signs are essential to finding a home. a. The most common method (35.1 %) of searching for a home before meeting an agent is driving around neighborhoods. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 2001). b. Over half of buyers find the home they eventually purchase themselves. Of these, 43.9% find the home by driving around. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 13 (Jan. 2001); see also HEBERT RESEARCH, INC., JOHN L. SCOTT, at 19 (Feb. 2003) (where buyer, rather than agent or third party, finds home, it is by driving around neighborhoods 39% of the time). c. The most common activity of prospective buyers — both before and after meeting and agent — is driving around neighborhoods (76% of respondents). HEBERT RESEARCH, INC., JOHN L. SCOTT, at 22, 23 (Feb. 2003). C. D. RECEIVED Iv MAR 252010 COMMUNITY DEVELOPMENT 2. Real estate signs are essential to finding open houses. a. The most common method of finding information about open houses is driving around neighborhoods (58 %). HEBERT RESEARCH, INC., JOHN L. SCOTT, at 29 (Feb. 2003). 3. Real estate signs are essential to finding a buyers' agent. a. For Sale signs are the third most common method of finding a buyer's agent. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INC., JOHN L. SCOTT, at 11 (Feb. 2003). Necessity of Real Estate Signs to the Home - Selling Process 1. After the Multiple Listing Service, For Sale signs are considered the most effective method of advertising a house. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 60 (Feb. 2003). 2. For Sale signs are the third most common method of finding a seller's agent. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 12 (Feb. 2003). Inadequacy of Alternate Means of Communicating Home Sales 1. Case law recognizes that other means of communicating housing sales — e.g., newspaper advertisements, listing with agents — are not adequate because they involve higher costs and reduced autonomy. Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85, 93 (1977); Cleveland Area Board of Realtors v. City of Euclid, 88 F.3d 382, 388 -89 (6th Cir. 1996); Eastern Bergen County Board of Realtors, Inc. v. Borough of Fort Lee, 720 F. Supp. 51, 54 (D.N.J. 1989). 2. Internet advertising is not a substitute for real estate signs. a. After the Multiple Listing Service (MLS), having a sign in front of your home is considered the most effective method of advertising; the Internet is the third most effective method after the MLS. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 60 (Feb. 2003). b. Driving around neighborhoods is the most common search method prior to meeting an agent; the Internet is the second most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 2001). c. Of buyers who find their home themselves, 43.9% find it by driving around neighborhoods; 22.2% find it on the Internet. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 13 (Jan. 2001). • • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT d. The most common method of finding information about open houses is driving around neighborhoods; the Internet is the third most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 29 (Feb. 2003). e. For Sale signs are the third most common method of finding a buyer's agent; the Internet is the eighth most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INC., JOHN L. SCOTT, at 11 (Feb. 2003) (third most common versus sixth most common). f. For Sale signs are the third most common method of finding a seller's agent; the Internet is the ninth most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 12 (Feb. 2003). E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing 1. Real estate signs help prevent steering, i.e., showing a listing only to certain racial, social, or economic groups. See Greater Baltimore Board of Realtors v. Hughes, 596 F. Supp. 906, 923 (D. Md. 1984). 2. Real estate signs help prevent "panic selling." See Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85, 96 n.10 (1977); City of Chicago v. Prus, 453 N.E. 2d 776, 789 (Ill. App. Ct. 1983). 3. Real estate signs convey accurate information regarding matters of great importance to families and the greater community. See Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85, 96 (1977); Greater Baltimore Board of Realtors v. Hughes, 596 F. Supp. 906, 925 (D. Md. 1984). F. Reduced Aesthetic and Safety Concerns with Real Estate Signs 1. On -site real estate signs are self - policed by the resident, alleviating aesthetic and safety concerns common to other types of signs. See City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994). 2. On- and off -site signs are policed by SKCAR and other REALTOR® associations, alleviating aesthetic and safety concerns common to other types of signs. a. Through articles and broker updates, SKCAR and other REALTOR® associations routinely educate member agents and brokers about municipal code compliance and signage safety concerns. Examples of such publications, e.g., Real Estate Signs: Practice "Safe" Placement, SEATTLE -KING COUNTY ASSOCIATION REALTOR ®, Sept. /Oct. 1994, at 1. b. SKCAR's Public Affairs Department routinely works in concert with municipal code compliance officers to inform member agents of non- compliance and to correct or remove non - compliant signs. G. Heightened Protection for On -Site Real Estate Signs RECEIVED MAR 2 5 2010 DEVELOPMENT 1. On -site real estate signs enjoy heightened protection because they involve speech from the home. See City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994); County Republican Comm. v. Arlington County, 790 F. Supp. 618, 627 n.7 (E.D. Va. 1992), rev'd and vacated in part on other grounds, 983 F.2d 587 (4th Cir. 1993). Thank you for the opportunity to offer these comments. SEATTLEKING COUNTY REALTORS® Sam Pace, JD, MBA, GRI Housing Specialist Seattle -King County Association of REALTORS® • 29839 - 154th Ave SE Kent, WA 98042 -4557 sampace(&concentric.net Direct: (253) 630 -5541 Fax: (253) 630 -5542 Cell: (253) 569 -2663 • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT Prepared by Anne-Marie Davidson/Carlos Aragon/Jim Hebert Objectives .. • Research Objectives: The primary purpose in conducting this research was to understand how buyers and sellers in the Seattle and Portland markets gather and use information and real estate agents in their home buying or selling process. The following objectives were addressed in conducting research for John L. Scott: 6. Measure effectiveness of various types of advertising to selling a home. • IIIIIMIMEEMEEE.EggwvEME7Z:Z~7X HEBERT RESEARCH, INC. 2. Measure ways of finding the buying and/or listing agent, including the Internet, and usage of the agent, including levels of satisfaction and relationship with agent. 3. Determine behavior prior to and after contacting an agent for each of the following activities: • Finding a home of interest • Driving around neighborhoods • Attending open houses • Use of property flyers • Use of Internet • Newspaper Ads • Homes Magazine 4. Gather additional information on each of those processes, including: • Where information on each process was found • How information was utilized — actions that resulted from it • Internet usage for different activities and reactions to web site features John L Scott Page 4 • • RECEIVED MAR 252010 DEVELOPMENT Methodology A total of 400 surveys were completed for John L. Scott. Respondents were selected from a list of people who have bought or sold a home within the last 6 months. It was verified at the beginning that they had bought or sold a home. The response rate, which represents the proportion of the population who agreed to participate in the research, was 51.5%. The overall incidence rate, which represents the proportion of the population qualified to participate in the full survey, was 28.7%. The maximum margin of error at 400 respondents is +/ -4.9%. Respondents were split between the Seattle and Portland markets, with 243 respondents from the Seattle area, and 157 from the Portland area. In order to ensure that the data collected represented the real estate universe, the data was weighted according to the actual market share of each real estate company within their market. So if a real estate firm had 18 percent of respondents, but 15 percent actual market share, a weight was applied to each respondent who used that company in order to bring their answers into the proportion of market share that company has. The data were analyzed using generally accepted univariate measures of central tendency and dispersion. In questions where multiple responses were indicated, the totals in the graphs or charts may be greater than 100%, and only the most frequently stated responses may be reported. A complete list of responses can be found in the technical documentation. Questions for which multiple responses were accepted will be identified throughout the summary. Hebert Research has made every effort to produce the highest quality research product within the agreed specifications, budget and schedule. The customer understands that Hebert Research uses those statistical techniques, which, in its opinion, are the most accurate possible. However, inherent in any statistical process is a possibility of error, which must be taken into account in evaluating the results. Statistical research can predict consumer reaction and market conditions only as of the time of the sampling, within the parameters of the project, and within the margin of error inherent in the techniques used. Evaluations and interpretations of statistical research findings and decisions based on them are solely the responsibility of the customer and not Hebert Research. The conclusions, summaries and interpretations provided by Hebert Research are based strictly on the analysis of the data gathered, and are not to be construed as recommendations; therefore, Hebert Research neither warrants their viability nor assumes responsibility for the success or failure of any customer actions subsequently taken. HEBERT RESEARCH. INC. John L. Scott Prepared by Anne -Marie Davidson/Carlos Aragon/Jim Hebert Page 5 II Sufi* doalivo 38% 24% 6% 77. 6% 4% 2% 2% 1% 2% OpoN.nd 56% 16% 14% 6% 2% 4% 5% 5% 2% 1 % OTotal 38% 22% 9% e% 6% 4% 6 %• 2% 2% 2 % • RECEIVED MAR 2 5 2010 COMMUNiT1 DEALOPMENT HEBERT RESEARCH, INC. Prepared by Anne -Marie Davidson/Carlos Aragon/Jim Hebert ent was Found Analysis The most common way to find a buying agent was through the referrals of friends and family (38%). This was followed by already knowing the agent themselves (22%), and calling the agent listed on a for sale sign (9%). The agent being a relative accounted for 8 percent. O 40% 35% 25% 20% u% 10% 5% .t.9w by Mods Atr.ady knew How Buying Agent was Found A9ard Ia19d on Ior salt Man Agent it • nlsW. Called ..l found on ..1910 comport/ Into' ' A94nad by Kurd ham Id 8 4 , 9r. 4999'.,, Thrace name on .fan .mptoy.r Gsd tuocb5ai *Multiple Response Question John L. Scott Page 11 • • • RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT HEBERT RESEARCH, INC. Prepared by Anne -Marie Davidson Carlos Aragon/Jim Heber: How Sellin A : ent was Found Analysis In finding the selling agent, already knowing the agent accounted for 28 percent of answers, followed by 21 percent who said the agent was referred by a friend or relative. Calling the agent on the for sale sign was done by 10 percent, while having worked with the agent on a previous transaction was true for 8 percent. 25% 15% 10% 5% Already knee aped • Saute 25% 13 Portland 26% D Total 21% R.l.o.d by blend or desks 10% sax 21% How Selling Agent was Found Agea aged on for 0.1. sign 11% a% 107E Worked 'eh 4 proem 11% .% Caged mg metals company a% .% a% Rslewd by gore born other are e% 5% s% Aged Is n1.ar. .% e% Saw .g.n name on sd 2% a% mind on !dame 3% 2% Selimg .gent Non Whams 1 employ* .anted association 1% 1 e% 4% 1 0% n Though sector" based 1% .% *Multiple Response Question John L. Scot: Page 12 RECEIVED MAR 2 5 2010 COMMUNITY DEVELOPMENT Where Buyer First Saw Home Analysis When the buyer was first to see the home (n =176), it was most commonly on the Internet (41%), followed by driving around the neighborhood (39 %). Respondents in Seattle were more likely to use the Internet (46% to 35% of Portland respondents). a c • S 0 0 a c CL Where the Buyer First Saw Home 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% • s•.nr Dponl.n0 137005 45% 35% Mow eroun0 n.1511bM.d 40% 39% 41% 39% y -_ Open Meuse New.p.p.r 2% 5% 12% ex •% 3% Ryan 11em tlyw box 3% 211 3% T.ItuO Nome. me•.r1ne Opri IIbMe/ryletlMe 1% 3% 1% 9% 0% j 12% 211 1% f 11% 14.t948dMOn1 enow 1% 2% 1% Other answers: • Agent pulled listings off real estate site. (5) • Agent. • Someone else had the home and sold it to me. • Bought from a friend. (2) • Friend told me. • Next door to the property. • Just walking by. • Grew up in it. • On the Windermere website. • On JLS website. HEBERT RESEARCH, INC. Prepared by Anne -Marie Davidson/Carlos Aragon/Jim Hebert John L Scott Page 19 • • Objective 3: Determine behavior prior to and after contacting an agent Activities Prior to Findin: A, ent a233Fv?1G t,`.:r 4 4 , 1;:`A . M..ii i _ 4 ::O An alysis Prior to meeting their agent, the most common activity was to drive around the neighborhood (76 %), followed by searching the Internet (68 %). Over half also picked up flyers from flyer boxes (59%) or looked through newspaper ads (56 %). Forty -five percent each picked up Homes magazine or talked to friends or relatives. Respondents from Portland were more likely to do each of these activities than respondents from Seattle with the exception of driving around the neighborhood (equal), and searching the Internet (70% Seattle, 65% Portland). Activities Done On Own PRIOR to Meeting An Agent Dms, around nalghbodno0 75% 76% 75% Sauct»d 'Loosed Moupn tumult Iodwswoer ads 70% ` 52% 61% 6516 66% i 56% Pyres nom km Oohs 55% 65% S9% Opatt laWSe 35% M% 39% Homes moguir 42% 49% 45% Talked to trisnds Motives 36% 57% a% 2% 2% 2% Hone 10% 6% 6% Rstused/Dont know 0% 0% 0% 70% 50% 50% 40% 30% 20% 10% 0% 09satda Pack Total Other answers: • Went through mortgage company. • Agent found it for you. • Searched on NW multiple listing service. • Did not do anything. • The agent did it all. • Co- workers. Kept a lookout for homes. • Called her and said I wanted a house. RECEIVED MAR 2 5 2010 HEBERT RESEARCH, INC. MUNI 2 Prepared by Anne-Mane Davidson/Corlos Aragon/!im Hebert COMTY DEVELOPMENT John L Scott Page 22 Activities Done On Own AFTER Meeting An Agent sox 90% 70% e sox 0% r . a Drove round a nebI Meted I Searched • Flyers 1 ore Dos Uwrrel 1444 n 1 looked oupn nrrapoper *Os Open Muse Talked b Irlerid Walton Home _ magazine 011rer /lorr aelusedr0ons know II Drafts 75% 6611 ; 53% e0% 31% N% 26% e% I 13% 0% 0Pedland 76% 6414 i 69% 5e% 51% e9% 36% 3% i 15% 1% OTal 76% 67% i 60% 46% 39% e0% 32% s% . 14% 1% • • Analysis After meeting an agent, driving around the neighborhood remained number one, at an identical 75 percent in Seattle and 78 percent in Portland. Searching the Internet was also still second, at 67 percent. Looking at flyers from flyer boxes (60 %) and looking through the classifieds (46 %) were next, followed by open houses (39 %) and talking to friends or relatives (40 %). Other answers: • Went to houses that the realtor suggested. • Everything. • We just stayed with our agent. • We relied mostly on our agent to find our home. • Agent found it. • Went through his marketing system. • I told my agent what I wanted and he took care of it. • Looked at houses with in price range. • Continued to look. • She did it to the beginning to the end. (2) • Agent had listings. (4) • Co- workers. Activities After Findin: A ent RECEIVED • MAR 2 5 2010 COAWWIUN RESEARCH, INC. John 4 Scoa DEVEL OPNEN paned by Anne -Marie Davidson/Carlos Aragon/Jim Hebert Page 23 Where found information on Open Houses 7014 Percentage of Rssppondents 1 7e 4 x 4 7R X pp y et rtl • frx B °k y� OrNYp around NwnWW/ Ws Imarnal Nora myazi awl mal Olfw RMwWNonl know MUM, 6D% 23% 16% 711 0% 12% 4% 13 Penland 55% 40% 12% 4% 2% 15% S% OTotar 58% 30% 16% 4% 1% 13% 4% • • Other answers: • Brochures. • Real estate agent. (11) • Friend. REcEWED Walking around neighborhood. (2) • House signs on the road. (2) 'MAR 252010 C DEVELOPMENT SEN NT Objective 4: Additional Information on Behavior Open Houses Sources of Informaton_ 0 en Houses i Y HEBERT RESEARCH, INC. Prepared by Anne-Marie Davidson Carlos Aragon/Jim Hebert Analysis Each activity section had additional questions that went with it. The first question asked of respondents who had attended open houses (n =117) was where they found the information about the open houses they attended. Over half (58 %) found it while driving around the neighborhood. Nearly a third (30 %) found it while looking through newspaper ads. The Internet accounted for 16 percent. "Other" answers primarily were getting information from their agent. *Multiple Response Question John L Scott Page 29 Sign in Front of House Seattle Portland Overall Low 6% 12% 9% Moderate 16% 26% 21 % High 78% 62% 70% Average 8.04 7.50 7.78 Internet Seattle Portland. . Overall Low 15% 12% 13% Moderate 25% 38% 31% High 60% 50% 56% Average 7.17 6.80 7.00 . Newspaper Ad Seattle ..Portland Overall Low 30% 20% 25% Moderate 53% 62% 58% High 17% 18% 17% Average 4.92 5.54 5.22 Multiple Listing Service Seattle Portland Overall Low 11% 2% 796 Moderate 27% 17% 22% High 62% 80% 72% Average 7.60 8.45 8.03 Open House Seattle .: Portland Overall Low 15% 24% 19% Moderate 42% 34% 38% High 44% 43% 43% Average 6.50 5.76 6.14 cQMMUN fi Y ®6V LOPMENT Objective 6: Measure Effectiveness of Various Types of Advertising Types of Advertising Analysis The multiple listing service was considered by respondents to be the most effective form of advertising for your house (8.03), followed closely by having a sign in front of your house (7.78). The flyer box also had a fairly high interest rating at 7.58 overall. The Internet had the next highest average at 7.00. Open houses managed a moderate rating of 6.14, while all other possibilities — newspaper ads, word -of- mouth, Homes magazine, and a personal web address — had averages below 5.30. Having a sign in front of your house was considered a "10" for effectiveness by 46 percent of respondent who make Tess than $60,000 a year, compared to only 25 percent of respondents with incomes in excess of $60,000. (Cramer's V= 0.3981 ECEIVEO AR 2 5 9 BERT RESEARCH, INC. pared by Anne -Marie Davidson/Carlos Aragon/Jim Hebert ,f fKf .H h�h John L Scar Page 60 Flyer Box Seattle Portland Overall Low 6% 4% 5% Moderate 29% 31% 30% High 65% 65% 65% Average 7.43 7.72 7.58 Word -0T -Mouth Seattle Portland . Overall Low 28% 23% 26% Moderate 41% 51% 46% High 31 % 26% 28% Average 5.30 5.26 5.28 Homes Magazine Seattle " Portland Overall Low 34% 41% 38% Moderate 48% 45% 47% High 18% 14% 16% Average 4.66 4.26 4.46 Your Own Home Web Address Seattle ' Portland Overall Low 25% 31% 28% Moderate 44% 46% 45% High 31% 23% 27% Average 5.36 4.77 5.06 • • RECEIVED 'MAR 25 2010 commuN DEVELOPM • 1111.1111111MEMEGENEMEEMMEMVAti41: HEBERT RESEARCH. INC. Prepared by Anne -Marie Davidson/Carlos Aragon/Jim Hebert • John L. Scots Page 61 • • • RECEIVED MAR 2 5 2010 D EVE Op T March 25, 2010 „\}\ '`, c?0' to' Ws'I1e1[ Tukwila Planning Commission 6300 Southcenter Blvd., #100 • Tukwila, WA 98188 Westfield, LLC 2800 Southcenter Mall Seattle, WA 98188 T 206.246.0423 F 206.244.8607 Re: Westfield's Comments and Proposed Changes to Tukwila's Draft Sign Code Honorable Planning Commissioners: Thank you for this opportunity for Westfield to address the proposed changes to Tukwila's Sign Code. Westfield has made great efforts to revitalize and to open the inward - focused mall structure with a more engaging and extroverted design. The recent expansion of Westfield Southcenter delivered a unique and vibrant retail, entertainment and dining environment to the people of the Pacific Northwest. The project has won industry awards for its high quality design and distinct regional character. Just as the new architectural design welcomes and invites patrons to the center, signage needs to communicate the same message: Southcenter and Tukwila represent a unique, attractive, high quality shopping, dining and entertainment experience. tltft�l�ll�llt(f/Hr ?1ZMitiil s���,;[ 1 - Signage acts as a symbol and sets the first and lasting impressions of visitors to Tukwila and Westfield Southcenter. The City has mentioned the importance of "rebranding" the Southcenter area. Our signage proposals, particularly regarding the Grand Monument signs and the concept of a single "iconic" Regional Gateway sign are our • RECEIVED MAR 2 5 2010 • DEVELOPMENT Tukwila Planning Commission Page 2 of 9 March 25, 2010 recommendations for Tukwila to "rebrand" and to attract tourists, shoppers and new business owners, not only to Westfield Southcenter but to the City as well. Over 200 Tukwila retailers rely on the mall's signage to attract customers from neighboring communities and from competing regional alternatives. We need to give our retailers at Southcenter the opportunity to promote their businesses and be successful in the region. A summary of our proposed changes include the following: 1. Monument Height (for Master Sign Programs) 2. Building Sign Maximum Area (for Master Sign Programs) 3. Parking Structure Incentive Signs (for Master Sign Programs) 4. Grand Monument Signs — Message Area & Height 5. Grand Monument Signs — Number 6. Regional Gateway Sign C:\Documents and Settings \nlee.WESTFIELD\My Documents \!Southcenter Mervyn \City of TukwilalSign Code \2010 03 \Westfield Sign Comments 2010 03 25b.doc • • Tukwila Planning Commission Page 3 of 9 March 25, 2010 RECEIVED MAR 2 5 2010 • COMMUNITY DEVELOPMENT 1. Monument Height (Master Sign Program) Allowable Modifications Under a Master Sign Program (19.32.060.A.1) Change from: To: 1. Increase in monument sign total area of up to 25 %, no increase in height permitted 1. Increase in monument sign total area of up to 25 %, The metal "reed" structure of Westfield Southcenter's existing monument signs exceeds the proposed monument maximum height limit of 8 feet. The top of the monument message area (7' -6') is below the maximum height proposed. We would like not to create non - conformities. C\Documents and Settings\nlee WESTFIELD\My Documents \'Southcenter Mervyn \City of Tukwila\Sign Code\2010 03 \Westfield Sign Comments 2010 03 256.doc • • RECEIVED • MAR 252010 ugt Tukwila Planning Commission March 25, 2010 2. Building Sign Maximum Area (Master Sign Program) Allowable Modifications Under a Master Sign Program (19.32.060.A.2) Change from: To: 2. Increase in the area of a flush mounted building sign allowed per 19.20.050 A of up to 50% with a maximum total sign area of no more than150 square feet. 2. The area of a flush mounted building sign shall be no more than 6% of the Exposed Building Face. 150 square fcct. Q\Documents and Settings \nlee.WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code\2010 03 \Westfield Sign Comments 2010 03 25b.doc Page 4 of 9 There are several signs, especially on the new south facade of Westfield Southcenter installed in 2008 that would exceed the standards proposed under 19.20.050 A. For example, the Westfield sign on the atrium entrance (at left) is 224 square feet, which is greater than the proposed 150 square foot maximum. Likewise, many of the new exterior tenant signs for Borders, Blue C Sushi, Duke's, Joey's, BJ's, Racha Thai and AT &T were designed to the maximum 6% of exposed building face standard in the current Sign Code versus the proposed 5% to 3% sliding scale. We feel these existing tenant signs are harmonious and not over sized in the context of the shopping center environment. We would like not to create non - conformities. • • Tukwila Planning Commission Page 5 of 9 March 25, 2010 3. Parking Structure Incentive Signs (19.32.060.B.3) Change from: e. Each sign may be a maximum of 300 square feet in area. f. Only one Parking Structure Incentive sign is allowed per parking structure wall. To: e. Each sign may be a maximum of 300 square feet in area. f. The total Parking Structure Incentive Sign area may not exceed 6% of the parking structure wall. Ventilation openings may be included in the parking structure wall calculation. g. Only one A maximum of two Parking Structure Incentive signs are allowed per parking structure wall. h. Additional on- premise signage on parking structure walls is permitted, to a maximum of 3% of the parking structure Exposed Building Face, but is limited to building mounted channel letters. The Parking Structures at Westfield Southcenter have two (2) Incentive Signs several walls. There are also building mounted channel letter Westfield and Landmark Signs for JCPenney and Sears, whose approvals were required for the recent expansion of the mall. The above image shows the south facade of the Cascade Garage. The Parking Structure Incentive Signs currently comprise 4.7% of the wall. The Westfield and JCP signs comprise 2.8 %. We feel these existing signs on the parking structures are harmonious and not over sized in the context of the shopping center environment. Again, Westfield would like not to create non - conformities with our recently installed signs and to also give our retailers the opportunity to succeed. We applaud the City for considering incentives for the construction of parking structures in Tukwila. These structures are costly to build and are a key component to delivering • the pedestrians and multi -story structures the City desires in its urban center. RECENSD MAR 5 2010uments and Settings \nlee. WESTFIELD\My Documents \ISouthcenter Mervyn \City of Tukwila\Sign Code k2010 03 \Westfield Sign Comments 2010 03 25b.doc Tukwila Planning Commission Page 6 of 9 March 25, 2010 4. Grand Monument Signs — Message Area & Height (19.32.060.B.2) Change from: d. Sign message area may be increased up to 100 sf per side, 200 sf total and the limitation on structure size is removed. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. To: d. On premises between 15 to 30 acres, sign message area may be increased up to 100 sf per side, 200 sf total and the limitation on structure size is removed. On premises greater than 30 acres, the sign message area may be increased by 100 sf per side, 200 sf total for every 5 acre increment above 30 acres to a maximum of 85 acres or 1,200 sf per face, 2,400 sf total. f. On premises between 15 to 30 acres, total height of the sign structure may not exceed the height of the tallest building on the premises. On premises larger than 30 acres, an additional foot in height for every acre of the premises above 30 acres is permitted to a maximum of 85 acres for a maximum total height of 55 additional feet above the tallest building on the premises. Westfield Southcenter's architecturally dynamic expansion on the south (below) is not visible to passing motorists on 1-5 and 1-405. New grand monument signs would attract and communicate the high quality shopping, dining and entertainment experience available in Tukwila. It will allow our retailers to compete with other regional alternatives. As a point of reference, the mall's existing freeway sign (at left) is 125 feet tall with 225 sf of message area per face. The tallest building at the mall is approximately 90 feet. The surrounding trees are estimated to be 90 feet. The Grand Monument Signs must be of a proper scale and design that can reflect the high quality reinvestment and customer experience in the rest of the shopping center. RECEIVED MAR 5 20 'te ocuments and Settings\nlee.WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code\2010 03 \Westfield Sign Comments 2010 03 25b.doc DRANNYNT • • Tukwila Planning Commission Page 7 of 9 March 25, 2010 5. Grand Monument Signs — Maximum Number of Signs (19.32.060.B.2) Change: g. No more than 2 grand monument signs are allowed per premises. To: g. On premises between 15 to 55 acres, no more than 2 grand monument signs are allowed per premises. On premises greater than 55 acres, no more than 3 grand monument signs are allowed per premises. Westfield Southcenter would like the opportunity for 3 Grand Monument Signs to be able to address 3 special conditions: the west to 1 -5 and SR 518 to SeaTac Airport, to the north to 1 -405 and to the east as the anchor towards future potential redevelopment along Baker Boulevard and the planned pedestrian bridge to Tukwila Station. RECEIVED MAR 25 20111, ocuments and Settings \n1ee.WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code\2010 03 \Westfield Sign Comments 2010 03 25b.doc SON& • • Tukwila Planning Commission Page 8 of 9 March 25, 2010 5. Regional Gateway Sign (new) New: In addition to the signs otherwise allowed under this chapter, the City may allow by Development Agreement, on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to Tukwila's urban center. The standards for such a sign shall be set forth in the Development Agreement. Westfield would like the opportunity to continue to explore with the City the opportunity for a taller, single iconic sign structure to help to brand the "Southcenter" area. Owing to topography much of the existing retail and proposed urban center in Tukwila is not visible to passing motorists on Interstate -5, Interstate -405 and State Route 518. 1-5 southbound 1-5 northbound 'RECEIVED MAR 2 5 2010 QA 1 menu and Settings\nlee.WESTFIELD\My Documents \!Soutbcenter Mervyn \City of Tukwila \Sign Code\2010 03 \Westfield Sign Comments 2010 03 25b.doc DEVELOP ENT • • RECEIVED MAR E 6 1010 Tukwila Planning Commission Page 9 of 9 March 25, 2010 Thank you for your attention on this critically important subject. Westfield intends to continue a meaningful dialogue with the City on Community Development issues to help realize Tukwila's amazing potential. Very truly yours Nicholas Lee Development Manager Enclosures Cc: Tukwila City Council Jack Pace Nora Gierloff Brandon Miles Antony Ritch Andrew Ciarrocchi g fa Dr 1 fi ants and Settings\nlee. WESTFIELD\My Documents \!Southcenter Mervyn \City of Tukwila\Sign Code \2010 03 \Westfield Sign Comments 2010 03 25b.doc • • • Billboard Recieving Area, East Marginal Waif 4383 ft CityGIS Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. • • 43.1111D ;oa R e:creven; real f 923 ft City N Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. 5 - 1 a c✓vlf 1 • • • • TO: City of Tukwila Planning Commission FROM: Brandon J. Miles, Senior Planner DATE: March 24, 2010 • • RE: Sign Code Update Billboard Regulations Background The City of Tukwila currently contains approximately 20 billboards. Most of these billboards are located in annexation areas such as along Tukwila International Boulevard and East Marginal Way in the Manufacturing Industrial Center Area. The current code defines billboards as "...a sign or visual communication device, its structure and component parts, whose principal use is the advertising or promotion of a service or product normally in the general market area but not for sale or rent on the immediate premises" (TMC 19.08.050). The City currently bans billboards in most areas of the City. New billboards are permitted on West Valley Highway south of S. 180th Street and along Interurban Ave South north of Interstate 5. As noted in the "Sign Code Advisory Policy Recommendations ", the Sign Code Advisory Committee recommended that no new billboards be permitted in the City. During the Sign Code Advisory Committee deliberations on the issue of billboards Clear Channel Outdoors (CCO) suggested some creative solutions to deal with billboards in the City. One solution was the idea of relocating existing billboards from areas of the City where they may be inappropriate to less sensitive areas of the City. The Sign Code Advisory Committee was generally supportive of such an idea, provided that the net number of billboards within the City was reduced. In the fall when the Planning Commission was briefed on the recommendations of the Sign Code Advisory Committee they affirmed a commitment to reduce the number of billboards in certain areas of the City. The Planning Commission also discussed the idea of establishing billboard receiving areas for the placement of new billboards in the City. The areas of the City that the Planning Commission accepted as billboard receiving areas were: 1. West Valley Highway, south of 180th Street; 2. East Marginal Way, north of Boeing Access Road; 3. Boeing Access Road; and 4. Commercial properties along 518 W: \Long Range Projects \Sign Code Update \Billboard Memo, 2010.03.24.doc Staff has conducted an initial review of these four areas and at this time is recommending that locations number three and four be removed. Federal and State requirements would present obstacles to placement of billboards in these areas of the City. The remaining two areas, along West Valley Highway and East Marginal Way, could be good candidates for areas to allow new billboards. One of the issues in designating a receiving area for new billboards is finding an area that works for both the City and billboard companies. For billboard companies the area needs to be well traveled and for the City the area should not hinder future redevelopment plans nor should residents be impacted. Billboard receiving areas along West Valley Highway and East Marginal Way can meet both the City and billboard companies' needs. West Valley Highway and East Marginal Way have high traffic volumes and both areas are outside of major redevelopment areas for the City and are not near residential areas. Preliminary Code Language Staff is still working on draft code language; however staff wanted to provide the Planning Commission an overview of what the billboard chapter of the new sign code will address. 1. New billboards will only be allowed in the designated "receiving areas" as depicted in the attached map. 2. In order to install a billboard in these receiving areas an applicant will be required to secure the removal of a certain number of billboards in other parts of the City. The billboards removed cannot be in areas designated as "receiving areas ". The number of existing billboards required to be removed will depend on the type of new billboard proposed. A new static billboard will require the removal of 3 -5 existing billboards. A new digital billboard will require the removal of 5 -7 existing billboards. 3. The number of faces for the new billboard will be capped at two. 4. Specifications on the height, sign area, and setback will be provided. Modifications in the development standards will be used to encourage the billboard entity to allow public service announcements on any digital billboards. 5. Existing billboards in the City that are not proposed to be removed can be refurbished provided that at least one other billboard in the City is removed. 6. The area of the refurbished billboard can be increased slightly as a reflection that the billboard company has removed a billboard. 7. The location of the refurbished billboard must remain unchanged unless the billboard can be relocated in order to allow the billboard to meet setbacks. The refurbished billboards will not be allowed to get closer to any residentially zoned property. 8. Refurbished billboards cannot be converted into digital displays. W: \Long Range Projects \Sign Code Update \Billboard Memo, 2010,03.24.doc • • • Recommendation The Sign Code Advisory Committee and Planning Staff support code language which will encourage the removal and relocation of billboards within the City. The code update process provides the City a unique opportunity to reduce the net number of billboards within the City. Next Steps Staff is working on draft code language to present to the Planning Commission at the next meeting. Staff would like initial buyoff from the Planning Commission on items 1 -8 listed above. W: \Long Range Projects \Sign Code Update \Billboard Memo, 2010.03.24.doc A. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. B. Temporary signs and decorations customary for special holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non - commercial speech. C. Temporary window signs subject to the limitations at TMC 19.24.080. D. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation, for the purpose of regulating, warning, or directing traffic. Signs may be installed within the right of way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. E. Signs typically installed on utilities and Wireless Communication Facilities denoting danger or other safety information, including emergency contact information. F. Political Campaign Signs, subject to the limitations at TMC 19.24.090 G. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this Code. H. Land use notice boards per TMC 18.104.110. 1. Text or graphics on umbrellas located in outdoor seating or plaza areas. J. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to 3 feet in height and 2 square feet per face or a total of 4 square feet for all faces. Flush mounted building signs may be up to 3 square feet in size. K. The following exceptions are specific to properties developed with residential uses in residential zones: 1. Each residential property shall be permitted one 1.5 square foot building mounted plaque; and 2. Each residential property shall be permitted one six square foot banner or rigid sign that is temporary in nature; and 3. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a holiday) until sundown on Sunday (or the following holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. L. Display of a flag showing the emblem or insignia of a nation or other governmental unit. B. Miles Page 9 W: \Long Range Projects \Sign Code Update \Final Code\PublicReviewDraft.doc 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this Code and subject to removal if it is not specifically permitted by this Code. This includes, but is not limited to, the following examples: A. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; B. Any sign using the word, "stop ", "look ", or "danger" or any other word, symbol, character or color which might be confusing to traffic or detract from any legal traffic control device; C. Any sign, symbol, object, or device located within City or State rights of way or City easement without City and /or State approval; D. Any sign, symbol, object, or device located on a traffic control device, City light pole or other city owned facility, even if such facility is located on private property with the exception of TMC 19.12.030D; E. Any sign, symbol, object, or device that is placed or hung from a tree, bush, shrub or other vegetation; F. Strings of pennants, banners or streamers, festoons of searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under TMC 19.24.060; G. The use of portable signs or other similar devices, unless permitted under TMC 19.24.070; 03/25/2010 • • • Sections: 19.20.010 19.20.020 19.20.030 19.20.040 19.20.050 19.20.060 19.20.070 19.20.010 Intent H. K. L. M. Chapter 19.20 Permanent Signs Intent Permanent Sign Application Materials Permanent Signs in Residential Zones Permanent Freestanding Signage in Commercial and Industrial Zones Permanent Building Mounted Signs in Commercial and Industrial Zones Pole Banners Dynamic Displays in Commercial and Industrial Zones The number of signs permitted on individual properties varies based „on seveta1 factors. These factors include, but are not limited to zoning, type of use, and site design. It is the goatofthe City to allow a wide range of sign types while also protecting the aesthetic charactero- the. City's variitszoning districts. Signs permitted under this chapter may only list on- premise.liusinesses, products4nduses. 19.20.020 Permanent Sign Application Materials w ,. All applications to install a permanent sign or other visual communication device shall inedude the following: �'° �� a . .° x A. 3 Copies of a completed and signed application form provid d by the City. B. 3 Copies of a dimensioned and scaledsiteplan showing prop °e'rty' lines, streets, buildings, parking areas and the location of all existing freestanding signs on the prenhises°and existing building mounted signs on the same building as theaproposed signs : • r '•” - '4Genera., ly, the City! will require site plans to be �.n prepared by a licensed surveyor, however the City shall have the authority to require a site plan prepared by a Washington State Licensed Sur if such plan will assist in the City's review of the proposed application.,. ,, a C. 3 Copies of scaledand dimensioned drawings of the proposed sign or signs with area calculations. D. If building mounted s gns are,proposed 3 copiesbfa scaled elevation of the building walls where the signs will be located ndicatingthe>location,and extent of the exposed building face used to calculate°the:ssign area ° r 'S °" Y E. 3 Copies of`a °scaled and dimensioned building profile if projecting signs are proposed. F. • Method of illumination if proposed_ G r - -- - - - - _ -��L proposed signs. Method of support and'atFachme itfor building mounted signs. If freestanding signs areproposed the scaled and dimensioned footing designs and height calculati Structuraftakulations ifrrequired per TMC 19.16.020. Fee as established . in this most current fee schedule. • 1 copy of a valid-W siiington State contractor's license or owner's affidavit. Tukwila businesssM license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones A. Institutional uses and multi - family complexes are permitted one flush mounted wall sign per building and one freestanding monument style sign for each public street that provides access to the premise. B. Monument Sign Design Standards 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 1 B. Miles Page 17 03/25/2010 W:\Long Range Projects \Sign Code Update\Final Code\PublicReviewDraft.doc Each sign must be located near a vehicular street access point. Only one sign per access point. Allowable sign message area is either the face panel of the sign or for channel letters or signs painted on seating or retaining walls that portion of the sign devoted to the actual message, logo, or business name. Total size is the entire area of the sign including the support structure. B. Setback All monument signs shall be placed at a minimum of five (5) feet from all property lines. No sign taller than 3 feet shall be placed within the sight distance triangle of an acces p dint unless it can be demonstrated that the sign will not pose a safety issue by reducing visihilit% C. Maximum Width The maximum permitted width of a monument sign is 15 feet:` D. Address' "' In order to facilitate emergency response, all new freestan4ing signs shall have the address' number or address number range of the premise listed on the structure /The ad`dress'shall not be counted towards the allowable sign message area limit. Address numbers must be>plainly legible and visible from the street fronting the property. These numbersshall contrast with theirhbackground. Address numbers shall be Arabic numerals or alphabet letters s - lumbers shall be a mimripm of 4 inches high with a minimum stroke width of 1.5 inches. E. Undeveloped Rights of Way In some areas of the City, such as,Interurban Ave, vvhere�large undeuelbped rights of way are present the City shall allow these areas to'be .cons idered part of premise ofthe adjacent properties and will allow monument signs allowedfor the adjacent premise to be placed within these areas. The property owner must secure permission fr m the owner of the right of way and also agree to maintain the non - travelled portion of the right of way`along withlhis /her adjacent property. The sign setback will be calculated from the back edge of sidewalk or str' =which ever is further from the street. F. Signs in Ut derground Utility Easements and Corridors Ar- Where underground easeme and /o Corridors have been established, no signs shall be located in the corridor oreasement, unlessexpress, specific permission is granted by the entity holding the easement. It is the responsibility of all applicants to know the location of all easements on their premise. 19.20.050 Perrtia lent Building Mounted Signs in Commercial and Industrial Zones A. Flush Mounte ..BuildingASigns (Wall Signs) 1. Each h` separatetenant suite with an exterior. public entrance is permitted to have one flush mounted'building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed as calculated per Table 24. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. • Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones B. Miles Page 19 03/25/2010 W:\Long Range Projects \Sign Code Update\Final Code\PublicReviewDraft.doc • Sections: 19.32.010 Intent of the Master Sign Program 19.32.020 Eligibility 19.32.030 Process 19.32.040 Criteria 19.32.050 Master Sign Program Application Materials 19.32.060 Allowable Modifications Under a Master Sign Program 19.32.070 Existing Signs Not Conforming to a Master Sign Program 19.32.080 Binding Effect 19.32.010 Intent of the Master Sign Program The master sign program is intended to provide a voluntary pr,otess to allow f ptation of the standard provisions of the Sign Code to the specific needs o Jarg sites. The signs approved through this process must be integrated into a coherent design and communication approach for h site while continuing to meet the overall intent of the Sign Code hs ted.at TMC 19.04.020. Signs permitted - under this chapter may only list on- premise businesses, products andrtses. 19.32.020 Eligibility Property owners of premises that meet ones � f,the following conditions may apply for approval of a master sign program to customize the standard Sign Code requirements >to their specific site conditions. 1. Sites with a gross square footage of 15 jac`res or more developed' witho`ne or more buildings totaling at least 200,000 square feet. <, i , 2. Uses that provide emergency services (i a hospi l;emergency rooms, etc) where public safety • may be jeopardized by strict compliance with t City's Sign : 19.32.030 Process Master Sign Programsfthat,propose tovary the size, , number or location of otherwise permissible signs under TMC 19.32.060 =A;will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not permissible under this Code per TMC 19.32.060 B will be reviewed by fheaBoard of Archi Review to previously approved Master Sign Programs wil be reviewe by the Director. No appeals of Master Sign Program decisions are permitted. Approval of armaster sign program does not waive the permit requirements for indiv,,,idual "signs. 19.32.040 Criteria at, s S A master sign program may be approved if all of the following criteria are met: • Chapter 19.32 Master Sign Program >dv;.v. A. The master srgn?progi m meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. B. The requested deviations from the code respond to the specific characteristics or use of the premises C. The program complies with the applicable standards in this Chapter D. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively, and inviting nighttime environment if the site is in a commercial zone. E. No sign related code enforcement violations on the premises for at least one year prior to submitting the master sign program application. F. The program must contain a schedule for the removal of all non - conforming signs on the premise within three years from the date of Master Sign Program approval. 1 B. Miles Page 28 W: \Long Range Projects \Sign Code UpdateWinal Code\PublicReviewDraft.doc 03/25/2010 • a. Grand Monument signs may be allowed only within the TUC and TVS zones b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under TMC 19.20.040 c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site d. Sign message area may be increased up to 100 sf per side, 200 sf total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested,o S feet, whichever is greater. The minimum front setback is the smaller of tle frontyard required in the zoning district or the height increase requested. S <U : f. Total height of the sign structure may not exceed‘heift of the tallest building on the premises. g. No more than 2 grand monument signs are allowed per premises. 3. Parking Structure Incentive Signs subject to thc following standardsrr a. Signs may only be flush mounted to thealls of parking structures inhich have two or more above ground parking levels. ,':?:: };" b. The sign must be designed to allow periodic replacement of the copy Electronic signs are permitted so long as they are operatedxiiT a way that does not meet the definition of dynamic sign. c. The sign face must be contained within a frame that is architecturally compatible with Y.. the building design. d. Internally illuminated cabinet signs are not permitted e. Each sign may be a maximunX 288 :square feet in area. E One wall of the parking structure may-have,-signage. including incentive signage and permanent channel letter signs< which does noty:exceed 8% of the exposed parking structur<elace;kAliother exposedparking structure walls are permitted signage, including incentiyaeignage and p :t<manent channel letter signs, which does not exceed ! 6.5% of the exposed ace area. Ventilation openings maybe included in the parking structure face area'calculation. j „ Via. Only- neA;rr aximuni offtwp,ParkingVStructure Incentive signs are-ts allowed per parking structure.wall ' k r LandmarkkBusinessWall Signs subject to the following standards: a. Landmarkbusinesses'are allowed up to four flush mounted building signs, one for each wal4hat faces a °cardinal direction; . Allowed s gi rarea is 69/"of the total exterior wall of the tenant space up to a maximum of 500 square`feet; and Landmark businesses who have a portion of their exterior wall obscured by a ':structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program Any new or amended master sign program shall include the removal of any existing nonconforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this Code within three years. If phasing is proposed a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Binding Effect After approval of a master sign program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this Code. The master sign program shall be referenced to the lease agreements for all B. Miles Page 30 W: \Long Range Projects \Sign Code Update\Final Code\PublicReviewDraft.doc 03/25/2010 • 19.36.010 Purpose Chapter 19.36 Non - Conforming Provisions • Sections: 19.36.010 Purpose 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs 19.36.030 Permanent Freestanding Signs that did not comply with the previous Sign Code 19.36.040 Non - Conforming Sign Permits 19.36.050 Existing Freeway Interchange Signs 19.36.060 Non - Conforming Temporary Signs 19.36.070 Additional Signage Prohibited 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor The purpose of this chapter is to establish limits on the use of and requiremetipor the removal of non- conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this Code or lawful atfthe of their installation may be continued until their removal is triggered. The provisions`ofthis chapter do not applito billboards. 19.36.020 Definition and Removal of Legally Non - Conforming Perman nt Signs tee, :.��, N� �_.�° A. All permanent signs that do not conform to the specificstandards of this Code may be considered way - legally nonconforming if the sign was erected in conformance..with a valid permit, if a permit was required and complied with all appli ab1ei aws at the time of th installation. Non- Conforming rights are not granted to terporay signs or signs tlatFwere in violation of previous versions of the Sign Code. ✓, B. An monument si n that was installed in the Cit_ ..prib t effective date of this code and that exceeds sign code standards as to sign areeheight or setbackby 15 percent or less shall be deemed a conformingsign. s I :C.Grace Period far`Permanent Signs that complied' ;,with the previous Sign Code p M, Signs which were installed under City'sprevous Sign Code, which was adopted by Ordinance 1274 and amendedby Otdinances 1617, 1649, 1773, 17,92,1857,1892,1913, 1964, 1982, 2004, 2019, 2096 and 2126, andbecatne non conforming.after adoption of this Code may be issued a non - conforming sign permit that will allow them to remainsfora ten grace period from the date of last legal face change of the sigrigegal face change shal =be defined as`lhe date on which the City last issued a sign permit for a face or copy °change for the subject sign. This section does not apply to signs that were classified as "freeway interchange" under th°eprevious Code. DC. Sign Modifications Dur the Period During the grace periodathe may be refaced and the panel or copy changed provided the area, height, and location of the sign'remain unchanged. A non - conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current sign regulations. Es. Sign Modifications After the Grace Period After the grace period the sign is permitted to remain as -is indefinitely. However application for and issuance of a sign permit that complies with the Code is required for any relocation, re- erection, alteration, replacement or change in any way to a legal non - conforming sign including the structure or sign panel /face /copy. 19.36.030 Permanent Signs that did not comply with the previous Sign Code. B. Miles Page 32 W:\Long Range Projects \Sign Code Update\Final Code\PublicReviewDraft.doc 03/25/2010 Permanent signs which did not comply with the City's previous Sign Code as adopted by Ordinance 1274 and amended by Ordinances 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126 are permitted to remain as -is indefinitely provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate that the signs were legally installed and any modifications complied with the City's Sign Code regulations at the time of the modification. Application for and issuance of a sign permit that complies with this Code is required for any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section. 19.36.040 Non - Conforming Sign Permits A. Nonconforming Sign Inventory. The Director shall, as soon as practicable, survey the city for signs which do not conform to the requirements of this Code. Upon deterrnatitnthat a sign is nonconforming or illegal, the Director shall use reasonable efforts to so notify in waiting the`si tt.owner and where practicable the owner of the property on which the sign is located. N'ctification'sh ' i include: 1. Whether the sign is nonconforming or illegal; .< 2. Whether the sign may be eligible for a nonconforming sign permit. f If the identity of the sign owner cannot be determined after reasonable inquiry, the n be affixed in a conspicuous place on the sign or on the business premises with which the sign s'associated. However, the failure of the City to identify the sign owner shalinot,relie■ethe property owner from the requirements of this section. B. Nonconforming Sign Permits. Eligibility. A nonconforming sign permit may be issued only accordance with the standards listed in this chapter. 4 �> 2. Permit Required. A nonconforming sin permityis,required for *eligible nonconforming signs within the Ci . City. The sign owner shall obtain the permit v►nt}iifi,$O.days,of initial notification by the city and for any panel or copy changes allowed during the grace pe � M' t NiYi Y ' 3. Applications for iibriconforming sign permit shall contain the name and address of the sign user, the sign owner, and.the owner .ofthe property uppn which the sign is located, and such other pertinent information as the .Director may require to ensure , compliance with this chapter. The Director may waive specific submittal requirements determined Lobe unnecessary for review of an application. 4. Permit Issuance Any „person Oubittittipg an application for a nonconforming sign permit shall use the forms prbvided by the Department Tt a Director shall issue nonconforming sign permits upon a determination 'of eligibility The Director may require the filing of plans or other pertinent information where such information is° necessary"todeterrnine compliance with this chapter. Appeals shall be filed in accordance with TMC 19.12`120. C. Loss`of Eegal Nonconforming Status.° Nonconforming signs shall either be removed or immediately brought into coitipliance with thisxchapter upon the occurrence of one or more of the following events: 1. When k a nonconformingsign permit is required but not obtained within 180 days of notice of nonconformance; or• 2. When anapplication`is submitted to the City for a project that is subject to design review on a premises any non- confotng building mounted signs affected by the construction and all non- conforming freestandingsgns lose their non - conforming status; or 3. When any panel or copy changes are proposed after the expiration of the grace period; or 4. When the sign meets the definition of abandoned; or 5. Damage of 25 percent or more in the value of either the nonconforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of allthe maintenance andef repair over a two year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs B. Miles Page 33 W:\Long Range Projects \Sign Code Update\Final Code\PublicReviewDraft.doc 03/25/2010 • • • • Sections: 19.40.010 Liability for Damages 19.40.020 Severability Clause 19.40.030 Third Party Review and Special Inspections 19.40.040 Substitution 19.40.050 Conflict with other Adopted Environmental Regulations 19.40.010 Liability for Damages Nothing in this Code shall relieve any person, corporation, firm, or entity:fom responsibility for damages to any other person suffering physical injury or damage to roe w "� y p g p y t ry g p p rty as�a restrt,of the installation, display, maintenance or removal of any sign authorized under this Code. Ttie City and nits;,employees, agents, and officials shall assume no liability for such injury or damage resorting from the aait orization of any permit or inspection implementing the provisions of this Code. 6‘ °`� 19.40.020 Severability Clause If any section, subsection, paragraph, sentence, clause or prase of this Code or its application to any person or situation should be held invalid or unconstitutional*arneason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affec p validity of constitutionality of the remaining portions of this ordinance or its application to any otherperson or situation. 19.40.030 Third Party Review and Special Ins ections't �` A. In the event that an application to instal,l:� a s grequires a level ofxexpert review that the City cannot complete in house the City shall have the right to have:a thpr..d party assist in the review. In such cases where a third party review:is required the applic: rit shall`re`iml arse the City for the full cost of the 3..; third party review. � ` ;.x of =1 f � B. If the installation gf a services that due to complexity or specialty cannot be completed by City staff, the, fiplicantshall be responsible '_ for coordinating and paying any private firm to complete such inspections. Co , ies of any spection reports shall be submitted to the City in order to demonstrate that t)% inspections hive been ?ebrnple d. Fro= kz .,, ..i 19.40.040 =Substitution Notwi anything herein to the contrary, noncommercial copy may be substituted for commercra1. opy on any lawful sign structure. ♦ .4 .0-.. Chapter 19.40 General Provisions l� n 19.40.050- Confltct.with other Adopted Environmental Regulations Nothing in this Ti le hall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations:wlri,cases conflict between the Sign Code and the City's adopted Sensitive Area Regulations and /or Shorgli =ie' Regulations. the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. 1 B. Miles Page 35 W: \Long Range Projects \Sign Code Update\Final Code\PublicReviewDraft.doc 03/25/2010 11 at of J us wila Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: X Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Mailing requested by: Determination of Significance & Scoping Notice f 7 Board of Appeals Agenda Packet J / " Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box TO - Seattle WA 98111 X Other: Sign Code Update Was mailed to each of the addresses listed /attached on this 19 day of _ March in the year 2010 W: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Sign Code Update Project Number: Mailing requested by: Brandon Mi,1es f 7 Mailer's signature: J / " /,c, rid Was mailed to each of the addresses listed /attached on this 19 day of _ March in the year 2010 W: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC • • • CONTRACTOR AD ONE CORP AMERICAN NEON APOLLO NEON BERRY NEON CAPITOL SIGN & AWNING CITY LITES NEON CRIST SIGN CULBERTSON SIGN SERVICE INC DPA SIGNS EAGLE SIGNS EVERGREEN SIGN CO F LEE STENSON INC. FERGUSON CONSTRUCTION HEATH NORTHWEST ILLUMINATIONS NORTHWEST INSIGNIA SIGN ISLAND DOG SIGN CO LUMIN -ART SIGNS MANNING SIGNS MEYER SIGN COMPANY OF OREGON MIKE SPRINGER NATIONAL SIGN CORPORATION NEON SYSTEMS INC NEON SYSTEMS INC NEW IMAGE CREATIVE SIGN PLUMB SIGNS RAINIER INDUSTRIES RAINIER INDUSTRIES RBP MASONRY SHORELINE SIGN SIGN CONNEXTION THE SIGN FACTORY INC SIGN SOLUTIONS SIGN -TECH ELECTRIC SIGNARAMA SIGNS PLUS SPEEDY SIGNS SUN SIGNS THE SIGN FACTORY TUBE ART TUBE ART DISPLAYS INC VERTICAL VISUAL SOLUTIONS WESTERN NEON YOUNG ELECTRIC SIGN CO STREET ADDRESS 1626 S 341ST PL #A -24 9402 39TH AVECT SW 9800 HARBOUR PL #208 7400 HARDESON RD PO BOX 8106 902 Nw 49th St PO BOX 33178 5209 122ND ST E 927 N 128TH ST 2110 W Washington Ave 1513 CENTRAL AVE S 1801 S 93 ST C -27 PO BOX 80867 727 S 96TH ST 15632 156TH PL SE PO BOX 2849 2010 AIRPORT WAY S 3931 B ST NW 6925 216TH ST SW #J 15205 SW 74TH AVE 3614 SIXTH AVE S 1255 WESTLAKE AVEN 4009 139TH PLSE 4009 139TH PL SE 19411 66TH AVE S 909 S 28TH ST 18435 OLYMPIC AVE S 18375 OLYMPIC AVE S 10002 NE 130TH LN 17034 AURORA AVE N 8433 NE 143RD PL 815 8TH ST PO BOX 8059 5113 PACIFIC HWY E #12 1222 BRONSON WAY N 130 N FOREST ST 13716 32ND AVE NE 309 TUKWILA PARKWAY 815 8TH STREET 1705 4TH AVE S 920 S Bayview St 22833 BTHL -EVT HWY #110 2700 1ST AVE S 7515 -A EAST PORTLAND AVE CITY, STATE, ZIP FEDERAL WAY, WA 98003 LAKEWOOD, WA 98499 MUKILTEO, WA 98275 EVERETT, WA 98203 LACEY, WA 98509 SEATTLE, WA 98107 SEATTLE, WA 98133 TACOMA, WA 98446 SEATTLE WA 98133 YAKIMA, WA 98903 KENT, WA 98032 SEATTLE, WA 98108 SEATTLE, WA 98108 SEATTLE, WA 98108 RENTON, WA 98058 RENTON, WA 98056 SEATTLE, WA 98134 AUBURN, WA 98001 LYNNWOOD, WA 98036 TIGARD, OR 97224 SEATTLE, WA 98134 SEATTLE, WA 98109 MILL CREEK, WA 98012 BOTHELL, WA 98012 KENT, WA 98032 TACOMA, WA 98409 TUKWILA, WA 98188 Seattle, WA 98188 KIRKLAND, WA 98034 SHORELINE, WA 98133 BOTHELL, WA 98011 KIRKLAND, WA 98033 LACEY, WA 98509 FIFE, WA 98424 RENTON, WA 98057 BELLINGHAM, WA 98225 SEATTLE, WA 98125 TUKWILA, WA 98188 KIRKLAND, WA 98033 SEATTLE, WA 98134 SEATTLE, WA 98134 BOTHELL, WA 98021 SEATTLE, WA 98134 TACOMA, WA 98404 Sign Code Update You are receiving this notice because in the past you have done sign work within the City of Tukwila. For the past year the City has been meeting with City Officials, business representatives and citizens to develop a new sign code. The draft sign code and background documents can be found at: http://www.ci.tukwila.wa.us/dcd/signcodereg.html The proposed sign code would expand the type and number of signs allowed in the City. The code also includes a provision for a "Master Sign Program" for large sites. Overall the proposed changes would provide business and property owners more flexibility than the current code. We welcome your comments on this draft. A Planning Commission public hearing is scheduled for Thursday March 25 at 7 PM at Tukwila City Hall, 6200 Southcenter Blvd. You may also submit written comments to Sign Code Update, 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188 If you have any questions or comments, please contact Brandon Miles, Senior Planner, at (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us City of Tukwila Nntice of Puhlic Hearing Sign Code Update You are receiving this notice because in the past you have done sign work within the City of Tukwila. For the past year the City has been meeting with City Officials, business representatives and citizens to develop a new sign code. The draft sign code and background documents can be found at: http: / /www.ci.tukwila.wa.us /dcd /signcodereg.html The proposed sign code would expand the type and number of signs allowed in the City. The code also includes a provision for a "Master Sign Program" for large sites. Overall the proposed changes would provide business and property owners more flexibility than the current code. We welcome your comments on this draft. A Planning Commission public hearing is scheduled for Thursday March 25 at 7 PM at Tukwila City Hall, 6200 Southcenter Blvd. You may also submit written comments to Sign Code Update, 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188 If you have any questions or comments, please contact Brandon Miles, Senior Planner, at (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us City of Tukwila Notice nf Puhlic Hearin Sign Code Update You are receiving this notice because in the past you have done sign work within the City of Tukwila. For the past year the City has been meeting with City Officials, business representatives and citizens to develop a new sign code. The draft sign code and background documents can be found at: http: / /www.ci. tukwila .wa.us /dcd / signcodereg.html The proposed sign code would expand the type and number of signs allowed in the City. The code also includes a provision for a "Master Sign Program" for large sites. Overall the proposed changes would provide business and property owners more flexibility than the current code. We welcome your comments on this draft. A Planning Commission public hearing is scheduled for Thursday March 25 at 7 PM at Tukwila City Hall, 6200 Southcenter Blvd. You may also submit written comments to Sign Code Update, 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188 If you have any questions or comments, please contact Brandon Miles, Senior Planner, at (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us City of Tukwila Nntice nf Puhlic Hearing Sign Code Update You are receiving this notice because in the past you have done sign work within the City of Tukwila. For the past year the City has been meeting with City Officials, business representatives and citizens to develop a new sign code. The draft sign code and background documents can be found at: http: / /www.ci.tukwila.wa.us /dcd /signcodereg.html The proposed sign code would expand the type and number of signs allowed in the City. The code also includes a provision for a "Master Sign Program" for large sites. Overall the proposed changes would provide business and property owners more flexibility than the current code. We welcome your comments on this draft. A Planning Commission public hearing is scheduled for Thursday March 25 at 7 PM at Tukwila City Hall, 6200 Southcenter Blvd. You may also submit written comments to Sign Code Update, 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188 If you have any questions or comments, please contact Brandon Miles, Senior Planner, at (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us 08/19/2010 Brandon Miles - 03- 25- 10- brandon.doc Page 1 PLANNING COMMISSION (PC) SIGN CODE PUBLIC HEARING MINUTES MARCH 25, 2010 The meeting was called to order by Vice -Chair Bratcher at 7:00 PM. Present: Vice - Chair, Margaret Bratcher, Commissioners, George Malina, Lynn Peterson, Brooke Alford, and Thomas McLeod Absent: Chair, Bill Arthur Representing City Staff: Nora Gierloff, Brandon Miles, and Wynetta Bivens GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM FEBRUARY 25 AND MARCH 18, 2010. BROOKE ALFORD SECONDED THE MOTION FOR THE MARCH 18, 2010 MINUTES. THE MOTIONS WERE UNANIMOUSLY APPROVED. CASE NUMBER: L10 -012 APPLICANT: City of Tukwila REQUEST: A public hearing on new regulations regarding the placement and display of permanent and temporary signs and other visual communication devices within the City. LOCATION Citywide Brandon Miles, Senior Planner, Department of Community Development, gave the presentation for staff. He provided an overview on the Sign Code update process and discussed the changes proposed in the Public Review Draft Sign Code. Mr. Miles stated that the reasons for sign regulation are safety, aesthetics, and community image. When creating the new Sign Code, some things to take into consideration are: what do we want Tukwila's signage to look like, how has Tukwila changed since the current code was written, and how does the urban environment as a whole affect signs? The City Council adopted a resolution and a Sign Code Advisory Committee was created to help with the update process. The committee was comprised of representatives from the City Council, Planning Commission, Business Community, and Tukwila Citizens. The committee looked at overall policy related to signs, but did not write specific code language. Their goal was to provide a vision of what the City should look like regarding signs. The committee created a document entitled Policy Recommendations of the Sign Code Advisory Committee. This document addressed the following points: (1) Signs should contribute to and be consistent with, the urban environment; (2) additional freestanding signs should be permitted for large properties; (3) additional building mounted signs will be allowed under certain circumstances; and (4 flexibility. The existing Sign Code only addresses pole signs and building mounted wall signs. The proposed Sign Code will address a variety of sign types. Mr. Miles stated that the Sign Code is meant to encourage the type of development wanted in the City, and that staff is striving to create a content neutral Sign Code. Mr. Miles said during the update process that staff made the effort to obtain as much public input and testimony as possible because it was very important in creating the new Sign Code. The language in the Public Review Draft Sign Code incorporates the recommendations from the committee and the Planning Commission. UUf 1 Jl GU 1U LP GI IUUI 1 IVIIIGJ - UJ - LJ - 1 ■ dl IUUI IUUI. Page 2 of 6 March 25, 2010 PC Minutes Next, the Planning Commission will make a recommendation to the City Council who will hold their own public hearing on the Code. Public Testimony: Sam Pace, Representative for King County Association of Realtors, handed out a packet that included written testimony and additional written documentation. Mr. Pace expressed concerns with the language in Residential Real Estate on -site yard signs, relating to sections 19.12.030 J and K, and K, 3 of the Draft Sign Code. Mr. Pace stated that it does not appear that the code allows on -site Real Estate signs. He said that the sign provisions in the code are not clear that they will work together, in regards to neither open houses, nor on -site properties that are for sale. He said that `K' is not functional with the range of open house events needed. He stated he has serious concerns with the right -of -way restraints that are proposed, and said that it is unconstitutional. He said that the Planning Commission is dealing with constitutionally protected speech. And effective communication has to be allowed subject to reasonable time, place, and matter restrictions. Mr. Pace also expressed concerns regarding sign forfeiture under the Miscellaneous and Technical section of the code. Mr. Pace said if the City picks up a sign there should be some due process notice to the owner before destroying the sign. He expressed appreciation for the incentives the City is offering, and also said that the amortization is good. Andrew Ciarocchi, Westfield Shopping Mall said he was thankful for the opportunity to be a part of the Sign Code Advisory Committee. Mr. Ciarocchi said that during the Sign Code review process he learned how difficult it is to create a Sign Code that fits all parties. He said that Tukwila has some very unique assets within its boundaries. He commented that it is vital to have a strong Master Sign Program, which can govern over the special properties within Tukwila. Mr. Ciarocchi said he hopes there is adequate time to make sure that the overall Sign Code, including the Master Sign Program, really reflects what everyone wants to see in Tukwila. Nicholas Lee, Development Manager, Westfield Shopping Mall, said that Westfield in conjunction with the City has brought a more extroverted architectural design that attracts and invites visitors to Tukwila and Southcenter. He also said that Westfield believes that signage needs to do the same thing. Mr. Lee said that signage acts as the first and lasting impression. He said that signage in the urban center needs to communicate that Tukwila offers unique, high quality shopping, dining, and entertaining experiences. Mr. Lee expressed concerns regarding the non - conforming signs at the mall, constant re- investment, and "Branding" the Tukwila and Westfield Southcenter area. Mr. Lee said that the Westfield shopping signs represent over 200 retailers inside the mall that otherwise do not have the opportunity for exterior communication with patrons. Mr. Lee gave an overview of Westfield's comment letter; following are the highlights of some of the concerns and proposals. • Noted on page 3 of 9, Mr. Lee said that the mall's recently installed monument sign might be too tall under the proposed regulations. • Noted on page 4 in regards to maximum sign area, Mr. Lee noted that the Westfield sign at the southern entrance would be non - conforming based on the 150 sq. ft. maximum proposed and that the exterior tenants at the mall have signs that would also be non - conforming. • Mr. Lee said that Westfield is proposing that the maximum wall sign area be limited to 6% for the Master Sign Program, which they feel is an appropriate scale. • Mr. Lee said that they applaud the City for trying to encourage parking structures in the Urban Center with additional signs. However, Westfield proposed a 9 % allowance per parking structure wall with 6% to be allocated to the parking structure incentive signs. ra L [(08/19/2010) Brandon Miles - 03- 25- 10- brandon.doc Page 31 Page 3 of 6 March 25, 2010 PC Minutes Utilizing PowerPoint Mr. Lee showed what passing motorists would see regarding community image and aesthetics going northbound on I -405. He pointed out a sign prior to the Southcenter off ramp where the topography and difference of the elevated freeway does not provide a good visual of the Westfield Mall structure. He said the differences are even more pronounced travelling southbound I -405. • Westfield is proposing increased sign area and increased height for the Grand Monument Signs, on a sliding scale for properties above 30 acres which would allow Westfield to create a better message visible from the interstates. Mr. Lee said that pulling in sales from individuals that would not normally shop in the area will provide community retailers a better opportunity to promote their businesses, increase sales, and be more successful. • Noted on page 7, Westfield would like the ability to have signage in the transit station area to attract individuals. • Noted on page 8, Westfield is proposing an iconic Regional Gateway Sign that Mr. Lee said could help to "Brand" the southcenter area, not Westfield, and that Westfield would be willing to work in partnership to help make it a reality. Mr. Lee said that Westfield does not believe their existing freeway interstate sign accurately reflects the kind of architectural character Westfield has created. Mr. Lee said that Westfield would like to have signage that reflects the characteristics of the recently remodeled mall. Mr. Lee asked that their recommendations be strongly considered. Commissioner Malina asked if Westfield had talked to WSDOT concerning the directional Southcenter freeway sign including the verbiage "Southcenter Mall ". Mr. Lee did not know if WSDOT had been contacted regarding this matter. Bob Schofield, developer, stated that the health of the City is a great concern to him, which goes hand in hand with the health of Tukwila businesses. Mr. Schofield expressed concerns regarding pylon signs at Southcenter Parkway, between Strander and 180 area. He said it is a dangerous street that has high accident rates. Mr. Schofield said if the streets are not healthy then individuals will not want to shop in the area, which affects retail businesses and the City's taxes. Mr. Schofield said that monument signs look nicer, but they destroy safety and visibility, he said the beauty of pylon signs is that you can look straight ahead, and up and see pylon signs. Mr. Schofield said that he encourages the creation of a special district, a critical district for the City, where pylon signs can be preserved. Staff requested a ten minute recess to prepare response comments. The public hearing reconvened. Staff Rebuttal: None. Staff responded to the following issues from the public testimony and written comments. In response to Mr. Pace's comments: • Staff stated that Shelly Kerslake, City Attorney, worked with DCD and attended most of the Sign Code Advisory Committee meetings, and was involved since the beginning of the update process. She also reviewed the code several times and helped staff write sections of the code. LkUO/ 1 iILU 1 U) DI eititio !Vllles - U) -LO 1 U L)ranUUn.UUU Page 4 of 6 March 25, 2010 PC Minutes • Staff said that the Draft Sign Code will not prohibit posting Real Estate signs at a single family house, and there is no limitation on how long signs can be posted. Responses /comments on Westfield's comment letter: • Staff noted on Page 3, maximum height. - This is an issue that was recognized by staff and they did not want the mall's Monument Signs to become non - conforming, nor signs on other properties. Therefore, they proposed the 15% allowance rule, which allows an existing sign to be up to 15% larger than allowed by code and still be considered conforming. This issue was not addressed through the Master Sign Program because it should apply city -wide, not just to properties eligible for the Master sign Program. • Increase in flush mounted signs - Staff said that the 224 sq. ft. Westfield sign was allowed through a different provision of the existing code. The mall is subject to a Development Agreement between the City and the mall that protects it from any subsequent sign code changes until the development agreement expires in 2018, unless the Mall opts in to the new code. The current signs at the mall were subject to the Development Agreement. The signage allowed under the Master Sign Program is additional allowance of signs that currently exist. Staff stressed that under no circumstances can the City require that the mall come into conformance until the Development Agreement has expired. if the Planning Commission wants to allow signage based on the 6 percent allowance proposed by the Mall, staff would ask that a maximum cap of 250 square feet be provided. • Parking incentive signage - The code amendment included in the PC packet allows all the signs that were approved as part of the Development Agreement, and the current signs at the mall to become conforming under the proposed code. One wall would be allowed to have up to 8% of the sign area and all remaining signs would have 6.5 %. • Maximum zoning height currently in the TUC is 115 ft. The mall is proposing a provision that would allow up to three signs of 145 ft. Only one sign is allowed under the current Sign Code regarding freeway interchange signs, with a maximum of 125 ft. The mall is proposing a height higher than the current Sign Code and Zoning Code. • Note on Page 8, - Staff stated that Westfield's proposed language to go through a Development Agreement to make modifications to the code would have to be reviewed and approved by the City Attorney. • Monument Signs - Staff stated that the update process started in 2007 when the economy was strong so the ten year grace period provisions were provided to prevent from unfairly impacting businesses that may currently put up a sign that conforms with the current Sign Code prior to a new Sign Code going into effect, which would cause their sign to become non - conforming. The provision would allow existing pole signs to remain for up to ten years. After the ten year grace period, the sign can remain until a face change or other action is proposed which will require it to be brought into conformance. The new Sign Code will increase the number of signs allowed, as well as the type of signs, number of Building Mounted Signs, and the number of Monument Signs. • Conflicts between trees and freestanding signs - there are provisions for both street and perimeter trees that are required under the code provisions but currently only Sign Code updates are being considered. In response to Mr. Schofield "s comments: • Safety issue - Staff stated that PW has received copies and was part of the update process. And also commented that by the end of the ten year period, hopefully certain transportation improvements will be completed. rage 08/19/2010) Brandon Miles - 03- 25- 10- brandon.doc Page 5 Page 5 of 6 March 25, 2010 PC Minutes Staff noted that during the Sign Code update process the TUC Plan was reviewed to determine what it holds for the future. From staffs perspective, Tukwila is an area of transition, and hopefully the TUC Plan will be fully realized and people will start developing under the plan. As we move ahead, we will continue to allow the existing Pole Signs to remain, allow Monument Signs and increase the number of Monument Signs. Citizen Rebuttal: Bob Schofield, Developer, responded to staffs comments, by reiterating his concerns regarding the safety issue. He said the safety element is the most important element, and offered to obtain the accident reports for the Southcenter Parkway, between Stander and 180 area, for the Planning Commission. Nicholas Lee, Development Manager, Westfield Shopping Mall, responded to staff's comments regarding the Development Agreement between the mall and the City. Mr. Lee said that with the number of turn over in tenants and the amount of re- investment that is continually made there is a very good chance that Westfield would like to apply for the Master Sign Program in the near future. Therefore, they would rather there are not non - conformances created. He stated that their main concern is the maximum sign area. Sam Pace stated that they have had a number of attorneys look at the draft Sign Code and stated that he does not see a specific Sign Code provision that guarantees allowance of on -site Real Estate signs. He said he is not persuaded that the staff's replies are responsive to the issues raised, and asked if it was possible to close the oral testimony and leave the public hearing open for additional written testimony. Commissioner Malina recommended closing the oral testimony and keeping the public hearing open for written testimony. He requested that staff return with comments from the City Attorney on Westfield's proposal regarding the Regional Gateway Sign. The Planning Commissioners were in consensus with Mr. Malina's recommendation. Commissioner Malina made a motion to close the oral testimony and keep the public hearing open for written testimony until April 8, 2010. Commissioner McLeod seconded the motion. All were in favor. Staff asked the Commission for direction on the Draft Sign Code Update. Commissioner Malina said that the strikeout underline is very helpful and requested that staff continue the format in the Draft Sign Code Update. He said that he would follow -up with staff on the new documentation provided to the Commission at the next meeting. He inquired about letters he believes was provided by a sign company in 2009, and asked staff to provide him with copies, if they have them. Commissioner Bratcher asked staff to provide the Commissioners with a copy of the police reports for the Southcenter Parkway, between Stander and 180 and the surrounding area. Mr. Miles commented that staff could provide the 2009 accident data, but linking the cause of the accidents will not be available. There was some additional discussion on the topic and it was determined the analysis may not provide all of the necessary details. Mr. Miles inquired whether the PC had comments, questions, or areas they felt needed to be researched further regarding the comment letter from the mall. VV/ 127ILV IV DI CU IUVII IVIIIC.7 - VJ - CV - 1 V - UI aI IUVI I.UVI, Page 6 of 6 March 25, 2010 PC Minutes Commissioner Malina stated that an aesthetically pleasing directional sign to Southcenter is needed in the walkway from the train station. Commissioner Alford asked for some clarification on page 3 of Westfield's comment letter regarding the "reed" elements that protrude above the Monument Sign structure and the height limit. Staff discussed the provision on page 32 of the strikeout underline document for the 15% rule to be applied on existing Monument Signs. Commissioner Malina asked Commissioner McLeod, who was a Sign Code Advisory Committee Member, if there was anything that the committee had stumbling blocks with or that he had personal concerns. Commissioner McLeod said that the committee was satisfied with what staff provided and they liked the general direction staff was taking. The majority of the committee was in favor and support of what staff had drafted. Staff confirmed what the PC expectations are for items that should be provided to them at the next worksession. • Response to the written material received at the meeting and any additional material received by April 8` • Provide traffic safety report for Southcenter Parkway area. • Move forward with current draft Sign Code Update. DIRECTOR'S REPORT: • The 4/15/10 worksession will start at 6:30 PM. • Notify the public that the worksessions and public hearings will all be starting at 6:30 PM. • Schedule a joint PC meeting with the City of Sea Tac at their request. • The City Council is looking at a Rental Housing Inspection Ordinance. • Mini - Casino regulations are being reviewed. Meeting adjourned: 9:45 PM Submitted by: Adopted: 4/15/10 Wynetta Bivens Secretary rays u • Director's report Adjourn City of Tukwila Department of Community Development CHAIR, BILL ARTHUR, VICE - CHAIR, MARGARET BRATCHER, COMMISSIONERS, GEORGE MAUNA, LYNN PETERSON, BROOKE ALFORD AND THOMAS MCLEOD PLANNING COMMISSION PUBLIC HEARING AGENDA SIGN CODE MARCH 25, 2010 - 7:00 PM TUKWILA CITY HALL COUNCIL CHAMBERS • I. Call to order II. Attendance III. Adoption of minutes - 2/25/10 (included in 3/18 packet) and 3/18/10 minutes IV. CASE NUMBER: L10 -012 APPLICANT: City of Tukwila REQUEST: A public hearing on new regulations regarding the placement and display of permanent and temporary signs and other visual communication devices within the City. LOCATION Citywide Jim Haggerton, Mayor Jack Pace, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • Present: Absent: Representing City Staff: PLANNING COMMISSION (PC) WORKSESSION MINUTES MARCH 18, 2010 Chair Pro - Tem Malina opened the worksession at 6:00 PM. Commissioners George Malina, Lynn Peterson, and Brooke Alford Chair, Bill Arthur, Vice Chair, Margaret Bratcher, and Commissioner Thomas McLeod Nora Gierloff, Brandon Miles and Wynetta Bivens COMMISSIONER MALINA STATED THAT THE ADOPTION OF THEN /25/10 MINUTES WOULD BE POSTPONED UNTIL MARCH 25, 2010. Brandon Miles gave the presentation for staff; he provided some background on the xedate process of the Draft Sign Code that is before the Planning Commitrior review. The City utiliz teifizen advisory committee to assist in the update process. The Committee fo,cused on big picture ems. The draft code incorporates the suggestions made by both the Advisory committee and the Planning Commission. This is the first time that the Planning Commissio as reviewed any language regarding administration. There are 11 chapters to the Sign Code, which ar inten a or easy use by applicants wishing to install signs, and also easy for staff to review and admini ter. TieTt i n code strives to be "content" neutral and to only regulate the time, place, and manner olignn The'goa f tfie sign code is that staff can administer the code without hg to actually read .the content of Individual signs. Some of the items Outlied the overview of the Dm Sign Code: • Content Neutral Signa • OpportliffireWor more freestanding "signs d additional building mounted signs are allowed, in exc ange for ceai types o development . e type of building punted sign will be expanded. ol'e signs will be prohibited, butmany properties will be allowed additional freestanding mon ent signs. • Flexib for larger pro erties. • Non - conforming situati s minimized. However, the City will continue its policy of removing non - conforming signs ' ? the annexed areas of the City. • Incidental signs wil continue to be allowed in the residential zones, such as, real estate, political, and garage sale signs, but instead of calling them such, provisions have been made for a time, place, and manner form of signs. • Administrative language for appeals process, as well as how applications will be processed. • Grand monument signs, for very large tenants of properties that qualify for the master sign program. • Light pole banner signs. • Incentive signage. There will be a public hearing on the Draft Sign Code on 3/25/10, a worksession on 4/15/10 and anticipated adoption is 4/22/10. Adoption of the Draft Sign Code by City Council will be in spring/early summer Page 2 of 2 Planning Commission Minutes February 25, 2010 Discussion followed on the Master Sign Program, staff answered questions, and the Commission requested some verbiage clarification on the following sections: • Pg. 9 - 19.12.040 - Prohibited Signs and Devices (F) • Pg. 15 - 19.16.040 - Maintenance (C) • Pg. 19 - 19.20.050 - Permanent Building Mounted Signs in Commercial and Industrial Zones (4) Change referenced Table 1 to Table 2. Changes will be made to the Draft Sign Code after the public hearing has been :held, and at that time public hearing comments can also be incorporated. Commissioner Malina expressed an interest for removing the Westfte'j`• ` p ing Mall pole sign, and finding locations for roof top signs to create directional signs to Weeld .'ng Mall. Director's Report • Please bring your Sign Code Binders to the Marc -25` public hearing. Meeting Adjourned: Submitted by: 7:00 PM Wynetta Bivens Secretary • • • City of Tukwila Department of Community Development CHAIR, BILL ARTHUR; VICE - CHAIR, MARGARET BRATCHER; COMMISSIONERS GEORGE MALINA, LYNN PETERSON, BROOKE ALFORD AND THOMAS MCLEOD Director's Report Adjourn PLANNING COMMISSION WORKSESSION AGENDA SIGN CODE MARCH 18, 2010 - 6:OOPM TUKWILA CITY HALL COUNCIL CHAMBERS I. Call to order II. Attendance III. Public Review Draft - Title 19 Tukwila Sign and Visual Communication Code G!JqCll"c/ Jim Haggerton, Mayor Jack Pace, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director TO: Planning Commission FROM: Nora Gierloff, Deputy Director DCD Brandon Miles, Senior Planner DATE: March 10, 2010 RE: Sign Code Update Public Review Draft Sign Code Background In the fall the Planning Commission was briefed on the various recommendations of the Sign Code Advisory Committee (hereafter "Committee). The Committee was comprised of City Council members, a Planning Commission member, residents, and businesses interests. The Committee's work included examining and providing policy direction on major issues associated with sign code regulations including freestanding signs, building mounted signs, temporary signs, and dynamic signs. Based on the recommendations of the Committee, input received from the Planning Commission, and discussions with interested parties staff has developed specific code language to implement the policy direction. Overall the draft code will provide more flexibility, allow additional types of signage, remove the two sign per business limitation found in the current code, and use signs to provide incentives for desirable types of development. Discussion The new sign code, which will replace the existing Title 19 of the Tukwila Municipal Code, contains 11 chapters. 1. Intent The first chapter reflects the intent language that was drafted by the Committee and edited by the Planning Commission. Staff has made some minor changes in order to make the language more readable. BM Page 1 of 5 03/11/2010 W:U.ong Range Projects\Sign Code Update\PC Memo 2010.03.11.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206- 431 -3665 • 2. Definitions The second chapter defines terms that are referenced in the new Sign Code. Photos are used to illustrate certain definitions. Staff is still developing a few diagrams needed to illustrate terms such as sign area. 3. Administration The next chapter is the administration section which outlines when sign permits are required, what types of signs are prohibited, what notices the City will send, how to appeal a decision and how the City will enforce violations of the Code. As a reminder, consistent with the current sign code only those signs that are "discernible" from the public right of way, adjacent premise, or an adjacent off -site business are regulated by the sign code. 4. Construction, Maintenance, and Removal of Signs The fourth chapter includes requirements for the construction, structural review and maintenance of signs. In keeping with current practice all permanent signs must have a final inspection to be considered legally installed. This ensures that they were safely constructed in accordance with the approved permit. Per the Committee and Planning Commission direction language regarding the removal of "abandoned" signs has also been included. 5. Permanent Signs This chapter includes sign regulations regarding the number, size and placement of permanent signs within both residential and non - residential zones. The current sign code only allows two main types of permanent sign types, flush mounted wall signs and freestanding signs. One of the goals of the sign code update was to expand the sign types allowed within the City and in this chapter ten permanent sign types are permitted under different conditions. In a change from the current code there is no specific limit on the number of signs that may list a certain business. A building and site will qualify for a certain number of signs based on length of street frontage, number of building entrances and building design. The only limitation on the text of the signs is that they reference on premise businesses, products or uses. Finally, staff has proposed language to allow banners attached to parking lot light standards. This type of signage was not discussed by the Committee or the Planning Commission; however staff wanted to include the language for BM Page 2 of 5 03/11/2010 WALong Range Projects\Sign Code Update\PC_Memo 2010.03.11.doc consideration. These can help to bring color and interest to parking lots as well as create an identity for a center. 6. Temporary Signs The sixth chapter covers the number, size and placement of temporary signs. These signs may be commercial or non - commercial in nature. Like the permanent sign section, the regulations regarding temporary signs are divided between residential and non - residential zones. The Committee had proposed and the Planning Commission supported allowing certain temporary signs for large special events in order to facilitate movement of automobile and pedestrian traffic. Initially, these signs were called "A" boards under the documents previously reviewed by the Planning Commission. Staff is proposing to replace the term "A" board with "portable" sign. 7. Variances The variance process and criteria are similar to the language found in the current sign code. 8. Master Sign Program The proposed master sign program language would provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the needs of larger sites. Neither the Committee nor the Planning Commission has reviewed the specific language proposed in this chapter. Staff has proposed modifications to the eligibility standards for the master sign program. In the fall, staff proposed that a premise would need to have at least 20 acres to qualify for the master sign program. Staff is now proposing to drop the acreage down to 15. Staff is also proposing to reduce the minimum building area down to 200,000 square feet. These changes are being made in order to include certain large developments that have special sign needs, such as Southcenter Square. Per the Planning Commission direction programs that propose to vary the size, number or location of otherwise permissible signs would be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this Code would be reviewed by the Board of Architectural Review. The additional sign types that could be allowed by the BAR are roof signs, taller monument signs, parking structure incentive signs and larger wall signs BM Page 3 of 5 03/11/2010 W:1Long Range Projects\Sign Code Update1PC_Memo 2010.03.11.doc • • • • Master Sign Programs must also include a plan for the removal of any existing • nonconforming signs on the premises within three years. 9. Non- Conforming Provisions The next chapter includes non - conforming provisions of the new sign code. The chapter includes the recommendations that were outlined by both the Committee and the Planning Commission. A. Signs that are currently legal but would become non - conforming under the new code would have a 10 year grace period to come into compliance, during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. B. Older currently non - conforming signs, such as those installed to King County code in our annexation areas, could remain indefinitely but would need to come into compliance at the time of a copy /face change. C. Freeway interchange signs would have a 5 year grace period to come into compliance during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. D. A program to provide financial incentives to encourage the removal of non - conforming signs along the TIB Corridor has been proposed. Staff is proposing that a no -fee permit be required for signs that would be non- conforming to the new code. This permit will ensure that property owners and businesses are made aware of the limitations placed on making modifications to their non - conforming signs. 10. Billboards Staff is still working on draft language to regulate billboards. 11. General Provisions The final chapter of the sign code is the general provisions chapter. This chapter is essentially a "catch all" for certain legal statements that need to be included in the new sign code. BM Page 4 of 5 03/11/2010 W:\Long Range Projects\Sign Code Update\PC_Memo 2010.03.11.doc Next Steps At the March 18th meeting the Planning Commission will have their first work session on the public review draft sign code. Staff would like to use the work session as an opportunity to walk through the new sign code and to answer specific questions that the Planning Commission may have on the draft. The public hearing on the draft code is scheduled for March 25th. The public review draft has been posted on the City's website since March 9th and staff has notified interested parties that it is available for review. In addition to any verbal testimony given at the hearing staff will provide any written comments to the PC. At that meeting staff would like the PC to identify any sections where they would like staff to develop alternative language. A second work session is scheduled for April 15th to discuss and review any proposed alternative language and to answer any additional questions raised by the PC. At the regular meeting on April 22 staff would present a clean version reflecting the PC guidance for a recommendation to the City Council. As always, DCD staff is available to meet with the PC members to walk through the draft sign code or to answer any questions. Please contact Brandon if you wish to set up a meeting. BM Page 5 of 5 03/11/2010 W:\Long Range Projects\Sign Code Update\PC_Memo 2010.03.11.doc • Sections: 19.04.010 Title 19.04.020 Intent PUBLIC REVIEW DRAFT Title 19 TUKWILA SIGN AND VISUAL COMMUNICATION CODE Chapters: 19.04 Intent 19.08 Definitions 19.12 Administration 19.16 Construction, Maintenance and Removal of Signs 19.20 Permanent Signs 19.24 Temporary Signs 19.28 Variances 19.32 Master Sign Program 19.36 Non- conforming Signs 19.38 Billboards 19.40 General Provisions Chapter 19.04 Intent 19.04.010 Title This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code "; it may be cited as such and will be hereinafter referred to as "this Code ". 19.04.020 Intent The purpose of this Code is to enhance the City's aesthetic character, to protect the public health, safety and welfare and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: A. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. B. To have streets which appear orderly and safe because clutter is minimized. C. To have signs that enhance the visual environment of the City because they are in harmony with building architecture and landscape design. D. To allow business identification that is not unduly hindered by regulatory standards. E. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. F. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi -modal environment. B. Miles Page 1 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc Sections: "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. "Awning" means a fabric - covered structure mounted on the face of a building above a window, entrance, or storefront opening, providing weather protection. z.r:•..r.. "Awning /Canopy Side Sign" means a sign which is applied to or mounn the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. "Awning /Canopy Sign, U de' eans a sign whiciis suspendeditom an awning, canopy or arcade but does not extend beyond the horizoriXalimits of the awning, canopy or arcade structure. "Awning Face surfaces. means a sign applied to the main face of an awning, including sloped and vertical r r'- 1. State Farm insurance,and.E inancia1Services Chapter 19.08 Definitions "Billboard" means an off - premise freestanding sign over 150 square feet in message area per side. Freeway interchange signs are not included in this definition. B. Miles Page 2 03/09/2010 W:\Long Range Projects\Sign Code Update\PublicReviewDraft.doc 1 • "Building Mounted Sign" means a sign which is permanently attached to a building and includes flush mounted signs, awning signs, projecting signs etc. "Cabinet Sign" means a geometrically shaped sign with a translucent face backlit by an internal light source. "Canopy" means a rigid structure projecting from the face of a storefront opening, providing weather protection. B. Miles Page 3 W:U.ong Range Projects\Sign Code Update\PublicReviewDraft.doc building above a win ow, entrance, or :sue "Canopy Edge Sign" means a si:n mounted along or love the e ge of a canopy and oriented parallel to the building wall. "Channel letters" - : ean three-dimensional individually cut letters or figures affixed to a structure. "Commercial Real Estat- ;Signs" are signs located in commercial and industrial zones which are used to denote a property, building or tenant space available for sale, lease, or rental. "Commercial zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI, TVS or TSO. "Corner Projecting Sign" means a tall, vertically oriented sign which projects from a building corner and which is structurally integrated into the building. 03/09/2010 "Department" means the Department of Community Development or subsequent organizational successor. "Director" means the Director of Community Developm or his /her designee. "Dynamic Sign" is any sign or part of a sign that appears to move or •QC tinge due to any method other than physically removing and replacing the sign or its componen_ whether the apparent movement or change is in the display, the sign structure itself, or in any other co, ;ponent of the sign. This includes a display that incorporates a technology or met bd,allowing the sign faa a to change the image without having to physically or mechanically replace th g "face or its componen, in t cluding a display that includes any rotating panels, LED lights manipu ted`though digital input "digital ink" or displays in which the display or sign appears to move more frequentlyyt ahtn ce eve°ry 24 hours. "Electronic Sign" means a sg .twining a displaytiat can be changed by electrical, electronic or computerized process. JO' .ii.;. ;Y =t- "Exposed Building Face"Aeans thattortion of the building exterior wall fronting a tenant space as seen in elevation together with one half th'#,,,i`v distanced etween eaves and ridge of a pitched roof above it, used for sign area calculatiori jTh poses. ` 1c' = "° "Flush Mounted Building.S ign" mean asign which is located on, and parallel to, a building wall. 3 54 } - max "Freestanding sign means assign suppvted by one or more uprights, poles or braces installed on a permanent fot lndation, not attah to a`building or other structure. ge Sign" mans a freestanding sign as defined by Ordinance 1892 and listed in "Freeway Interc Appendix A. "Height, Freestanding Sign" means the distance measured vertically from: 1. The lowest point of ertvation of the ground within five feet from said sign to the top of the sign, or the property boundary is less than five feet distant from said sign the lowest point of elevation of the finished surface of the ground at the property boundary to the top of the sign. Diagram Needed "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H "Institutional Use" means any non - residential use, located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, B. Miles Page 4 W:\Long Range Projects\Sign Code Update\PublicReviewDraft.doc 03/09/2010 1 • • but are not limited to, public or private schools, religious institutions, public parks, libraries and other similar type uses. "Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. "Master Sign Program" means a coordinated signage scheme for all signs on a premises that may include deviations from the standard sign requirements. "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75% of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the totallieight of the structure meets the limitations of this Code. "Multi- Family Complex" means an. contains at lle4st five•dwelling units.' "ParkingStructure Incentive Sign" mean a flush mounted building sign permitted on parking allut structures d intended for pe dic changes in copy. "Permanent Sign" means any sign which is erected without a restriction on the time period allowed for its display as specified in this Code "Pole Banner" means a fabric' banner sign attached to a street or parking lot light pole. structure-or group of structures within a residential zone that B. Miles Page 5 WALong Range Projects\Sign Code Update\PublicReviewDraft.doc 03/09/2010 "Portable Sign" means a sign which is not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. "Projecting Sign" means a permanent sign which is perpendicular to the building facade and which is suspended from a bracket, armature, or which is cantilevered to the building. "Premises" means one or more contiguous lots of re or notxseparateo by right of way an "owned or managed by the same individual or entity. "Residential zone" means any area of the City zoned LDR, MDR or .x r + la dle: IL "Sign" means materials placed or constructed, or 1ightprojecte., t ,0(1) conveys a message or image and (2) is used to inform or,at'trac the attention of t11e`public but tit including any lawful display of merchandise. Some examples of'signs''are materials o lights meeting the definition of the preceding sentence and which a ommonly referred to as signsplacards, A- boards, posters, murals, diagrams, banners, flags, or project slides, ima es or holograms. li scope of the term 'sign' does not depend on the content of the message ors mage:,OoVyed, x. "Sight Distance Triangle" - Diagram Needed "Sign Area" tr le'an s thetentire area within a continuous perimeter composed of straight lines or arcs enclosing:all elements of the sign copy m'cludig text, logo, and designs together with any frame or other mate Q color forming ail gral par Yo the display or used to differentiate the sign from the backgrouii , ainst which it iss placed. Th a rea of a three dimensional sign shall be the surface area of a geometric fie,such as sphereectangle or cylinder that completely contains the sign element. DiagramWeeded "Temporary Sign" assign thAt only permitted to be displayed for a limited period of time, specified by this Code, after which its" ust be removed. "Tukwila International Boulevard Corridor" means that area of the City which is subject to the City's Tukwila International Boulevard Plan and which is depicted in Zoning Code Figure 18 -9. "Window Sign" is a sign which is applied to a window or mounted or suspended directly behind a window. B. Miles Page 6 03/09/2010 W:1Long Range Projects\Sign Code Update\PublicReviewDraft.doc i • • "Window Sign, Temporary ", is a sign which is applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. • "Wireless Community Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, which is used for the transmis oltrof radio frequency signals through electromagnetic energy for the purpose of prov ling phone, internetwideo, information services, specialized mobile radio, paging, wireless digi dat transmission, broadband; unlicensed spectrum service utilizing part 15 devices, and other similar services hat currently exist or that may in the future be developed. _ z B. Miles Page 7 03/09/2010 WALong Range Projects\Sign Code Update\PublicReviewDraft.doc Sections: 19.12.010 Administration 19.12.020 Permits Required 19.12.030 Exceptions - Permits Not Required 19.12.040 Prohibited Signs and Devices 19.12.050 Parties of Record 19.12.060 Notice of Complete Application 19.12.070 Notice of Application 19.12.080 Notice of Hearing 19.12.090 Notice of Decision 19.12.100 Time Periods for Permit Issuance 19.12.110 Date of Decision 19.12.120 Appeals 19.12.130 Notice of Appeals 19.12.140 Dismissal of Untimely Appeals •'° � 19.12.150 Sign Permit Expiration for Permanent Sign'+ 19.12.160 Sign Code Interpretationt 4 1 ' 19.12.170 Sign Code Violations 19.12.180 Business License and Affidavit.Requirement ,•,. 19,11010 Administration a. r •!, - tia The Director of Community Development (hereinafter "D, rector") or h or ter des shall have the authority to administer this Code. The Director m'ay, if needee l;:. evelop,administrative rules to resolve any conflicts arising out the :ration of the e rules; not be in conflict with this Code and shall be consistent 0.020 "Intent the legislgtrve record used to create this Code. Sign permits are issued bs4the ounless otherwise noted in this Code. The Director may require the assistance of other Dedirtirients in dministering this Code... 19.12.020 Sign Permits R qu rite d - B. Miles Page 8 :U W.ong Range Projects\Sign Code Update\PublicReviewDraft.doc A sign which is ddi erni.ble from an y public righ of way, adjacent premise, or an adjacent off -site business, sha1I not be rested, re- erected, constructed or altered, including changes to the sign panel, face :'` except provided by this Code. or copy, without a The installa "'on of some signag within th City may require a permit from the Washington State Department o�ritansportation. It is an a responsibility to obtain all required permits from the appropriate goment agency;; The issuance of a sign;. ermitlall not be construed to be a permit for, or an approval of any violation of or any of the provisions oft is Code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions -Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this Title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this Title, as enumerated in TMC 19.04.020. 03/09/2010 1 A. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. B. Temporary signs and decorations customary for special holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non - commercial speech. C. Temporary window signs subject to the limitations at TMC 19.24.080. D. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation, for the purpose of regulating, warning, or directing traffic. Signs may be installed within the right of way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. E. Signs typically installed on utilities and Wireless Communication Facilities denoting danger or other safety information, including emergency contact information. F. Political Campaign Signs, subject to the limitations at TMC 19.24.090 G. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this Code. H. Land use notice boards per TMC 18.104.110. I. Text or graphics on umbrellas located in outdoor seating or plaza areas. J. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to 3 feet in height and 2 square feet per face or a total of 4 square feet for all faces. Flush mounted building signs may be up to 3 square feet in size. K. The following exceptions are specific to properties developed with residential uses in residential zones: 1. Each residential property shall be permitted one 1.5 square foot building mounted plaque; and 2. Each residential property shall be permitted one six square foot banner or rigid sign that is temporary in nature; and 3. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a holiday) until sundown on Sunday (or the following holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. L. Display of a flag showing the emblem or insignia of a nation or other governmental unit. 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this Code and subject to removal if it is not specifically permitted by this Code. This includes, but is not limited to, the following examples: A. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations;. B. Any sign using the word, "stop ", "look ", or "danger" or any other word, symbol, character or color which might be confusing to traffic or detract from any legal traffic control device; C. Any sign, symbol, object, or device located within City or State rights of way or City easement without City and /or State approval; D. Any sign, symbol, object, or device located on a traffic control device, City light pole or other city owned facility, even if such facility is located on private property with the exception of TMC 19.12.030D; E. Any sign, symbol, object, or device that is placed or hung from a tree, bush, shrub or other ve g etation; n ) .' c�'1� �> L �� sac. f :jvA8r� tAit y, ,� 1 ,, ---- -_ Strings of pennants, banners o r' st amers, festoons of lights, clusters of flags, v t ind- animated objects, balloons and similar devices except as provided under TMC 19.24.060; G. The use of portable signs or other similar devices, unless permitted under TMC 19.24.070; B. Miles Page 9 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 H. Dynamic signs except those types specifically permitted under this Code; and I. Abandoned signs. 19.12.050 Party of Record Any person who submits comments, in writing, on an application during the public comment period, requests, in writing, copies of notice of any public hearing on an application requests, in writing, copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates, in writing, a desire to be informed of the status of the application, shall be a party of record. The applicant shall always be considered a party of record. 19.12.060 Notice of Complete Application A. Within 28 days following receipt of a permit application, the Department shall mail, email, or provide in person written notice to the applicant that the appli'cati itis either complete or incomplete. If the application is incomplete, the notice shall - ,state with' specificity what is necessary to make the application complete. r?a * B. An application shall be deemed complete under this section if the Departmeg,cloes not provide written or electronic (email) notice to the applicantthat the application is incomplete within the C. If the application is incomplete and the applicant submjts the ,additional informatiop requested by the Department, the Department shall mail, email, or-proyide ln person written notice to the applicant, within 14 days following the receipt of the ad4ifrooal information, whether the application is now complete or what,further information s ri ece ssar y to make the application complete. An application shall be deemed 'complete if the Department fails to provide written or electronic (email) notice to the applicantwktl ih�the 14 -day perio' thatthe application is incomplete.'r` 28 -day period as provided herein. D. An application shall be conclusively deemed to beorxpetepn the Department's issuance of a notice of complete application as provided Subsection`s j or�C hereof, or the expiration of the time periods for issuan'c"e_of *such a notice as provided in Subsections B or C hereof. E. The Department,may cancell np incomplete application if the applicant fails to submit the additional inform`atrgn listed the notice of incbmpleteness within 90 days of the date of the notice. F. The Department may e3rten `'ncellation date up to 120 additional days if the applicant submits'awritten or electr..vhic (email} r.quest for an extension prior to cancellation. The request must clearly demons., trace tlat, delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants, and that a good faith effort has ' 4.1been made to provide the requestedainaterials. G. Theact that an applicatto is deed complete pursuant to this section shall not, under any circumstances, preventthe City from subsequently requesting additional information or studies regardgAy aspect of proposed project which are deemed necessary to a complete review of the proposed "project. 19.12.070 Notice of Application A. For sign permit variances and BAR reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties of record. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain the following information: 1. The file number; 2. The name of the applicant and the owner of the property, if different than the applicant; B. Miles Page 10 W:1Long Range Projects\Sign Code Update\PublicReviewDraft.doc 03/09/2010 3. A description of the sign(s), the location, a list of the permits included in the application and • the location where the application and any environmental documents or studies can be reviewed; 4. A site plan; 5. A statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal rights. Any person may comment in writing or via email on the application during the public comment period, and may participate by submitting either written or oral testimony, or both, at any hearings, and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the.permit application; 7. The date, time place and type of hearing, if applicable and sclieciuled at the time of notice; and 8. The identification of other permits not included in the applicatiorLto=the extent known by the Department. 4. ' ' D. Additional information is required by RCW 90.58 for flees of Applicati h : for projects which require a Shoreline Substantial Development permit: NI-74- E. Except for a determination of significance, the Department shall not issue a threshold, , determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a recommendation on the application until the expiration o the public comment period on the Notice of Application. F. Email notification may substitute fox, mailings when the 4relevant party agrees to this form of communication. A party of record mayrequest and the City` shall honor any request to only receive notification via US Mail.''' - ' 43. G. Notice required per this Code may be cor bined' use notifications for concurrent actions t . .N°. 7 . , N U w • required under Title 18. r .. ,. H. Mailed notice shall be:.deemed satisfactory`'despite the failure of one or more persons to receive mailed notice. , q.`, r 9 19.12.080 Notice of Hearing 'a ". "� : "� A. At least 14 days prior,t y n pu hearings on sign permit variances, BAR reviewed Master Sign Program 'dsi» applications, or appeal of a signecon the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction an a ny � partiesof record. B. A of Hearing shall. include the following information: 1. The"file number; il, 2. The name of the applicant; 3. A descil tio of the.sign(s), the location, a list of the permits included in the application, and the location `where=the application, the staff report, and any environmental documents or studies can be reviewed; 4. A site plan; . 5. The date, time, place and type of hearing; and 6. The phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing. • C. The Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines that such information would increase public awareness or understanding of the proposed project. B. Miles Page 11 W:\L.ong Range Projects\Sign Code Update\PublicReviewDraft.doc 03/09/2010 D. Email notification may substitute for mailings where the relevant party agrees to this form of communication. A party of record may request and the City shall honor any request to only receive notification via US Mail. 19.12.090 Notice of Decision The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction, and all parties of record. 19.12.100 Time Periods for Permit Issuance A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the appl,ication`s complete. The following periods shall be excluded from this 120 -day period: , : - na 1. Any period of time during which the applicant has been requested brany City department, agency or hearing body with jurisdiction over some- .spect of the applicatt'on to correct plans, perform required studies, or provide additionaltinformation. The period sill,be calculated from the date the applicant is notified of th for additional information tithe earlier a. the date the department, agency or hear ing•l ody det whether th'"e additional information satisfies the request, or Y . b. 14 days after the date the information-has been provided to the department, agency or hearing body. If the departme nt; ageency or hearing ody that the action by the applicant is insufficient, it slha1I otify the applicantpof thetdeficiencies and the procedures of this section shall pply a5„ f anew request for information had been made. If the applicant fails to provide a equested c,tion.or additional information within 90 days of the request the DeparttnenOnay cancet the application due to inactivity. . 2. Any additional ti hod for administrative review agreed upon by the Department and the applicant. .. \ . a h, 3. Any additionalktame period,�agreed upon bythe Department, the applicant and any parties to an appeal.• B. The time limits established� inwthiss s ection shall,not apply if a project permit application requires an amendment to the corn rehensive pla or. development regulation. C. If a i final decisio n•cannot be °issued within the time limits established by this section, the Department shall provi,'de written otic of this fact to the project applicant. The notice shall '. include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice bf -:fnal decision. D. A modification to projectpp ans occurring before issuance of the permit shall be deemed a new applicatidr the purpose of the 120 day permit clock when such modification would result in a substantial c in a ploject's review requirements, as determined by the Department. u f 19.12.110 Date of Decisial� `•� All notices issued pursuant to this Title shall be deemed to have been issued on the date on which they are deposited in the US mail or transmitted via electronic mail by the Department. B. Miles Page 12 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 19.12.120 Appeals All appeals of decisions issued under this Code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 03/09/2010 19.12.130 Notice of Appeals • A. Every Notice of Appeal shall contain the following information: 1. The name of the appealing party. 2. The address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices of the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in applic ao o the law in the decision being appealed; the harm suffered or anticipated by the appellant, nd e relief sought. The scope of the appeal shall be limited matters or issues raised in the ti'c.of Appeal. r B. The Notice of Appeal shall be distributed by the Department to the Office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals ., On its own motion, or on the motion of a party, the Hearing Examinershall dismiss appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs '014.= a'fi, Sign permits are valid for 180 days from the date of is'suanceThe applicant must request nal inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more thai'i 30 days if the request is submitted prior to permit expiration. 19.12.160 Sign Code Interpretation The Director shall, upon written request, issue a Sign Code:Interpretation to resolve an issue arising out of the administration of this Code to a specific sign proposal; Any „Code,Intei pretation issued by the Director shall be keeping with the intent of this Code as specified "in TMC 19:0.4:020; the legislative documents utilized to write this Code, : the Zoning Code; the Comprehensive Plan; and any other city regulation or policy such as but not limited to the and Roll Plan and the Shoreline Master Plan. Any aggrieved party may file{ah appeal of the Director's'Code Interpretation following the process at TMC 19.12.120 and 19.12.130. . °�g. 19.12.170 Sign Code Violations A. Ittis the responsibility, of a property owner and /or business owner to ensure that the provisions of 'Ws Code are met on Ali,' real property that they own or control. The City shall issue a warning to any property owner where illegal : permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful remains.wtll be deemed a separate violation. If subsequent violations occur within the next 18 months, the property owner shall be subject to the following fines: ' 1. 2nd violation ' - $200 2. 3rd violation 4,, $400 3. 4th violation $800 13. If the City undertakes legal proceedings to enforce the terms of this Code under the authority of TMC Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and /or a monetary penalty pursuant to this Code. C. The City shall have the right to remove any signs illegally placed within the City's right of way, easements under City control, or property owned and /or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right of way for ten days. The owner of the signs may retrieve the signs from the City and B. Miles Page 13 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 pay a $50 per sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten day period has expired the City shall have the right to dispose of the signs. D. Any violation of this Code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement Any sign contractor who does business within the City must first obtain a business license from the City. As part of the business license registration, the contractor shall sign an affidavit acknowledging that they have read the City's sign Code, specifically: TMC 19.12.020 Permits Required TMC 19.36 Non - Conforming Regulations Any contractor who possesses a City business license and violates the requirements of this Code shall be subject to fines and penalties under TMC Chapter 8.45. The City shall also revoke the business license of the contractor and the City shall not permit a new business license to be issued for at least one year per TMC 5.04.110.: . - Any contractor found operating in the City without a Tukwila business license shall.be subject to a fine not less than$1,000. Additionally, the City shall report the viplat n to the State fetc,t4rther enforcement action. Any contractor who has a business license revoked or has fines issued shall ffave the right to appeal such actions to the Hearing Examiner, pursuant TMC 5.04.112. 4 B. Miles Page 14 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc • Sections: 19.16.010 19.16.020 19.16.030 19.16.040 19.16.050 19.16.060 19.16.010 Construction Chapter 19.16 Construction. Maintenance and Removal of Signs Construction Structural Review Required Inspections for Permanent Signs Maintenance Removal of Abandoned Signs Immediate Removal, Public Safety 1r s A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. '=' - '$ B. All signs within the City shall comply with the electrical req City's adopted electrical code. w _ . ` e is B. Miles Page 15 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 19.16.020 Structural Review . $. The City's Building Official may require that proposed building mounted signs that weigh 400,p'ounds or more monument signs 50 square feet or more in face freestanding signs 15 feet orimore in height undergo structural review in order to preserve the pub`l`ic health, safety or welfare:!' When structural review is required, the applicant shall pay the full arfi ti rt,of the City's cost to conduct such review. Construction details that describe either the proposed fotind`ation (for freestanding signs) or wall brackets (for building mounted signs) must be;submitted with the sign application. Structural calculations for the sign shall be prepared by aii eited,Washington S ta t e sttructural engineer. 19.16.030 Required Inspections for Permanent Signs , ;'V i y A. When a sign triggers structural review per TMC49.16.020 he applican or installer shall contact the City to request a footing;rnspection befocethe concrete'has been poured or bracket inspection before a building mounted sigriis installed. B. It is the responsibility of the is_taller to obtain 'an electrical permit and associated inspections from the City if the electrical power. e C. It is the responsibility'of the installer tg contact the City for a final inspection for all signs when installatioii.fs'com lete. ' " . , L , IN .tire I. `` �' w 1 19.16.040 �Maintenance All signs; including their suppo'r,.t:.structures,,shall be kept in good repair. Specifically: A. Signs.shall be regularly painted orTappropriately maintained. B. Damaged,signs or supportstructures shall be replaced in accordance with the original permit unless the sign is non - conforming per TMC 19.36. C. All lighting "shall be maintained in good working order with no broken or burned out lamps. Signs do not have to beilluminated at all times, however if they are illuminated the entire sign shall be illuminated and thefe shall be no dark portions of the sign. D. Electrical and power cords shall not be visible. E. Cabinet signs with missing sign faces are strictly prohibited within the City. F. If a building mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs The Director shall order the removal of any sign that is abandoned pursuant to the definition found in this Code. The particular mitigation measures shall be based on the circumstances outlined below: 03/09/2010 A. Non - conforming freestanding sign. In the event that a non - conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in TMC 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 -days of issuance of a Notice and Order from the City. B. Non - conforming building mounted sign. In the event that a non - conforming building mounted sign has been abandoned the Director shall order the property owner to remove the sign within 45 -days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. C. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned the Director shall order the property owner to install a blank face on the An within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. D. Conforming Building Mounted Sign. In the event that a conforming building mounted sign is abandoned the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building mounted signs utilizing channel lettei be completely removed and p .r the wall restored within 30 days of issuance of a Notic e "and Order. a s,•. It shall be the responsibility of the property owner sufficient evidence thata.sign is conforming to the regulations of the City's current si e A' g g tY ' �; i o e. 19.16,060 Immediate Removal. Public Safely The Director shall order the immediate remal of any sign or signssupport structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent B. Miles Page 16 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 • Sections: 19.20.010 19.20.020 19.20.030 19.20.040 19.20.050 19.20.060 19.20.070 Chapter 19.20 Permanent Signs Intent Permanent Sign Application Materials Permanent Signs in Residential Zones Permanent Freestanding Signage in Commercial and Industrial Zones Permanent Building Mounted Signs in Commercial and Industrial Zones Pole Banners Dynamic Displays in Commercial and Industrial Zones 19.20.010 Intent The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to zoning, d g, type of use, and site design. It•is the goal'of the City to allow a wide range of sign types while also protecting the aesthetic charactebof tte City's various zoning districts. Signs permitted under this chapter may only list on- premisepuSinesses, products and uses. 19.20.020 Permanent Sign Application Materials applications to install a permanent sign or other visual communication device shall include the following:. A. 3 Copies of a completed and signed application form pro vided >.by the City. B. 3 Copies of a dimensioned and scaled showing propertgaines, streets, buildings, parking areas and the location of all existing an'd�proposed signs on the remises, including both building mounted and freestanding signs. Generally, the it p ytwill not require site plans to be prepared by a licensed surveyor, however the City shallihave thelautliority to require a site plan prepared by a Washington State Licensed Surveyor if such site,plan will'' assist'in the City's review of the proposed applicatiori:t, C. 3 Copies of scaled.and dimensioned drawingsrof the proposed sign or signs with area calculations. D. If building mounted signs are proposed 3 copies'of a scaled elevation of the building walls where the signs will be located indicating the location anc >extent of the exposed building face used to calculate the sign area.. ; , J • B. 3 Copies,;of ascaled and dimensioned profile if projecting signs are proposed. F. Methbd illumination if proposed. G. Details for any dyramic theproposed signs. H., °Method of support andtattachmentfor building mounted signs. I. If freestanding signs are proposecethe scaled and dimensioned footing designs and height calculations. J. Structural calculations if- required per TMC 19.16.020. K. Fee as established in themost current fee schedule. L. 1 copy of a valiefashington State contractor's license or owner's affidavit. M. Tukwila businesslicense number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones A. Institutional uses and multi - family complexes are permitted one flush mounted wall sign per building and one freestanding monument style sign for each public street that provides access to the premise. B. Monument Sign Design Standards 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five (5) feet. B. Miles Page 17 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc Total ROW of ';w Premise Allowable Siec ' Area t' Total Allowable Sign Size " Maximum Height Number of Signs < 400 feet 36ifper 4 ' side/&. f total 54 sf per side /108 sf total 6 feet 1 400 -599 feet 50 sf per side /100 sf total 70 sf per side /140 sf total 7 feet 1 600 -799 feet 60 sf per side /120 sf total 80 sf per side /160 sf total 7 feet 1 800 -999 feet 66 sf per side /132 sf total 88 sf per side /176 sf total 8 feet 2, if there are two or more vehicular street access points 1000 feet and over 72 sf per side /144 sf total 96 sf per side /192 sf total 8 feet i--- One for every 400 feet of linear street frontage. Each sign must be 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The signs may only use indirect lighting methods. The lighting shall have no spillover impact on adjacent properties. C. Flush Mounted Building Signs (Wall Signs): Design Standards 1. The maximum area of any flush mounted building sign is limited to the calculation from Table 2 found under TMC 19.20.050; however in no case shall the area of a flush mounted building sign be greater than 50 square feet. -.nom 2. Lighting for flush mounted building signs shall be limited to indiiect, concealed, and backlit devices. The lighting shall produce no spillover or glare onto properties. . � . ,. D. Dynamic Signs in Residential Zones s-s`- 1. One monument sign per premise as permitted under,section TMC 19.20.030 B may contain a dynamic feature. The following design standards a I"- ii all dynamic si s installed under this Y g g P,P Y Y � section: a. The image of the sign may not change lno ,e frequently than once every ten seconds. b. The image must appear and disappear as ne ..image. l e image may not appear to flash, undulate, pulse, or portray explosions, firewrks, flashes light, or blinking or chasing lights, or appear to move toward or away from e viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portraymovement. c. Illumination of the dynamic sign is limited to the hol4.0 of 7am to 10pm. 2. Notice of understanding: The operatarofdy, dynamic sign inst this subsection must submit a letter to the Director which states that:the+organization understands and agrees to abide by the above requirements. ;, 19.20.040 Permanent Freestar ni gSignage in Co rcial /Industrial Zones Monument signs are permitted within all commerciaeand industrial zones subject to the following A. Design Standards "�•;, . Each premise is p to have one freestariding¢monument style sign. Additional monument signs are permitted if the premise contains o \ „to 800 feet of linear frontage on city or quasi- public streets per Table 1., Table 1- Design Standards for. Pmanent'Monument Signs in Commercial and Industrial Zones • • standards: B. Miles Page 18 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 • located near a vehicular street access point. Only one sign per access point. Allowable sign message area is either the face panel of the sign or for channel letters or signs painted on seating or retaining walls that portion of the sign devoted to the actual message, logo, or business name. Total size is the entire area of the sign including the support structure. B. Setback All monument signs shall be placed at a minimum of five (5) feet from all property lines. No sign taller than 3 feet shall be placed within the sight distance triangle of an access point unless it can be demonstrated that the sign will not pose a safety issue by reducing visibility. C. Maximum Width The maximum permitted width of a monument sign is 15 feet. B. Miles Page 19 W:\L.ong Range Projects\Sign Code Update\PublicReviewDraft.doc D. Address �... In order to facilitate emergency response, all new freestanding signs`shall have the address number or address number range of the premise listed on the structure The address shall not be counted towards the allowable sign message area limit. Address numbers must ieplamy legible and visible from the street fronting the property. These numbers shall contrast with'th background. Address numbers shall be Arabic numerals or alphabet lettersa shall be a minimum of 4 inches high with a minimum stroke width of 1.5 inches. r t E. Undeveloped Rights of Way. S In some areas of the City, such as Interurban Ave, *here,1a4e:.urideveloped rights of way are present the City shall allow these areas to be considered part of the.,premise of`th properties and will allow 4 be monument signs allowed fo,r.theadjacent premise to be placed within these areas. The property owner must secure permission.. rom the owner of the right dray and also agree to maintain the non - travelled portion of the right of,�way .,along with.his /her adjacent property. The sign setback will be calculated from the back edge of sidewalk db treet edge m which ever is further from the street. F. Signs in Underground Utility Easements and Corridors Where underground easements and /or corridors have been established, no signs shall be located in the corridor or easement, unless express, specific permission is granted by the entity holding the easement. It is the responsibility of all appl kno ts to w the location of all easements on their premise. • 19.20.050 Permanent Building Mounted Signs in Commercial and Industrial Zones A. Flush Mounted BuildingSigns (Wall Signs) 1. Eac`hseparate tenant suite with an exterior public entrance is permitted to have one flush mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed as calculated per Table\ 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 - Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones 03/09/2010 Area (LXH) of Exp Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 sq ft 501 -1500 (EBF -500) X .04 +25sf 1501 -3000 (EBF -1500) X .03 + 65sf 3001 -5000 (EBF -3000) X .02 +110sf Over 5000 150 sf maximum size permitted c I B. Awning Face Sign An awning face sign may be substituted for a flush mounted building sign under TMC 19.20.050 A when the following standards are met: 1. The size of the awning face sign may be no larger than the flus} ni rated sign that would otherwise be allowed per Table 2.. g. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. 3. The awning face sign may not exceed 30% of the total aea the awning4o . the sign is located. 'o. 4. Only indirect lighting shall be used for awning facesigns. 5. The sign may only consist of vinyl or paint applieddectly to" the awning._ 6. In commercial zones awnings may only be construc can . nylon fabric. C. Projecting Signs ; ,er r One projecting sign per separate business is permitted in addition to;any other type of building mounted sign when the following standards are met: i 'fe'+l.,,. ' t _ 1. Projecting signs shall only be permitted fo r'ten a nlzspaces that have aldii•ect ground floor public entrance. B. Miles Page 20 W:\L,ong Range Projects\Sign Code Update\PublicReviewDraft.doc 2. No portion of a projecting sign may extend a bove the lower sill of.any second story window on the same exposed building facer -.. A z, 0 0 projecting >m . ��y �:, . 3. No sign may a eed=20 square P H uare feet er face or a total of 40 square feet for all faces. 4. Projecting signs ma"y neenore than four 'feet out from the facade of the building. In no case shall the sign extend& beyond thedewalk which t ov 5. No portion of the projecting signtall be lower tha eight feet above the level of sidewalk or other public righ way over'whichait°proj cts:,; 6. Projecting utilize rotating mechahi al displays. D..C Projecting S 41',1/414::.' i . In ord tb ,�foster an urban s environnjent a corner projecting sign may be substituted for a projecting sign allowed= TMC 19.20 :05 C when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are oral r ermitted'on the corners of buildings that are built to the minimum zoning setbacks of twopublic or a private street developed to public standards including • sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right of way into the tenant space order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 03/09/2010 • 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy Edge Sign A canopy edge sign may be substituted for a projecting sign allowed under TMC 19.20.050 C when the following standards are met: 1. Canopy edge signs may only be permitted for canopies that are located above a public entrance to a business; 2. The sign is limited to a single row of individual letters not exceeding 12 inches in height; 3. The letters may not project beyond the edge of the canopy;:r. 4. The length of the sign may not exceed two- thirds of the canopy length; and - 5. The letters may be illuminated. F. Pedestrian Oriented Building Mounted Signs The signs listed under this section are allowed in addition to thebuillding mounted =signs permitted under TMC 19.20.050 A -E. 6 1. Under Awning /Canopy Sign a. Under awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business per facade. c. No sign may exceed three square feetan size. a, d. No sign may project farther from the`liiu'lding than its associated awning or canopy. e. No part of the sign may be less than eight'feet?above the level of the � sidewalk or right of way over which it projects. ' a ls:. rah. • 2. Awning /Canopy Side Sign 4 es a. Only awnings /canopies'that are over exterior,'public entrances are permitted signs. b. Only one awning /canopy pefAcade may havefra sign. c. Awning text andgraphics may not exceed 12 inches In height with total sign area not to exceed 40% of the awning'side area., d. Canopy signs are permitted orienline,,oflettering not to exceed two- thirds the thickness of the canopypi 124inches, whic iey er is less: " $ e. Sins-shall`noG.project beyondsthe edge of the associated awning or canopy. f. Na' portion of the sij ma be iess ei ht feet above the sidewalk or other public right of wa P Tm� Y w�� .� g P g Y r ��over which it projects: ;.N g. Awj%pg signs may on134eons of vinyl or paint applied directly to the awning. 3. Permanent W ridow Signs i a. Permanent window signs are permitted to be placed within ground floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows that are located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. c. No more than 10 percent of the total ground floor transparent window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass does not qualify for window signage. d. No individual sign may be larger than 6 square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary • window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed 8 inches. B. Miles Page 21 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc g. The signs may be made of gold or silver leaf, vinyl or paint applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under TMC 19.24. 080 Temporary Window Signs. h. If the signs are illuminated only exposed neon tubing is permitted. G. Incentive Signage Businesses may be permitted additional flush mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described at TMC 19.20.050 A under the following circumstances: 1. The business or use may not have any other building mounted oriented in the same direction as the incentive sign. 2. Architectural interest must be provided through at least one of the.following methods: a. At least 50% of the wall area between the height ofi:2 and 7 fee ,must be transparent with either an unobstructed view into the business o r!,use o a display;window with a depth of at least 3 feet; . • b. Architectural detailing consistent with the. Uilding design using changes in color, materials, texture and variations in the Anal plane; "' c. Artwork such as mosaic, mural or sculptural, ;'relief over atleast 50% of the , ll surface; or d. One or more trellises covering at least 50% of tnie w lI area the height of 2 and 7 feet planted with climbing vines and other plant Materials in a planting bed at least 2 feet in width and provided with permanent irrigation. 3. The allowable area of the sign is 5o that calculated i 01a n.= ;able 2 - Allowable Message Area for Permanent Wall Signs in CommerctaliOd Industrial Zone$" 4e" 19.20.060 Pole Banners A. Pole banners are only permitted in the TUC zone° a .... B. Pole banners may only betted to parking lot light poles on private property. C. They may have period co without sulamittal for a new sign permit. D. The maximum are eranner is 1,O sf with a limit of'two banners per pole. E. The lower edge of the ban'n mustfte at least 12 feet above grade. F. Annual renewal of the banner�,permtt�is-r B. Miles Page 22 W :\Long Range Projects \Sign Code Update\PublicReviewDraft.doc t. • 19.20.070 Dynamic`Uisplays in Commercial and Industrial Zones DynamicKS gns are strictTy.prohibited' ni .hin commercial and industrial zones except where specifically allowed fa designated sign t `' � 03/09/2010 • Chapter 19.24 Temporary Signs Sections: 19.24.010 Purpose 19.24.020 Application Materials for Temporary Signs 19.24.030 Temporary Signs in Residential Zones 19.24.040 Temporary Signs in Commercial and Industrial Zones 19.24.050 General Provisions for All Temporary Signs 19.24.060 Special Event Signage 19.24.070 Portable Signs 19.24.080 Temporary Window Signs 19.24.090 Political Campaign Signs dr •': x 19.24.010 Purpose <,. pa x,_ Temporary signs serve an important economic function an d contribute to the - success of the City's businesses. However the City also desires to limit the number of temporary signs'and, control the placement and size of such signage in order to minimize visual crater. � :.= i. [v' 19.24.020 Application Materials for Temporary and Special Event S Per m i ts .. !' All applications to install a temporary sign or other visual cominuri cation device shall include the following: ,a,., A. 2 Copies of a completed and signed application form providedxbythe City. B. 2 Copies of a site plan showing proposed'sigi jocation(s). If applicable-the site plan shall show the location of adjacent streets, buildings, sidewallcs area C. 2 Copies of scaled and dimensioned drawings of t pr sigh or signs with area calculations and text t $ D. 2 Copies of an elevation ifthe, building wall placement of the sign if a building mounted sign is proposed , : • t ` & :. E. Length of propos F. Fee as established in the most current fee schedule: 19.24.030 Temporary S i n R Z o nes 4� `v In additior,,to "the signage`permitted,under TMC 19.12.030 institutional and multi- family uses are permittec('the following to p.orary sign "age: A. Ea jnstitutional use and multi- family complex is permitted up to two temporary signs per temporary sign perm %, B. The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sight,* area. '' C. Temporary Sigh may. -lie either flat cloth or vinyl banners or rigid plastic or cardboard signs. D. Temporary signs s ni y remain in place for not more than 30 days a calendar quarter. A temporary sign permit from ;the City is required for each separate display of temporary signage within the calendar quarter. E. In addition to the temporary signage allowed above each institutional use and multi - family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under TMC 19.12.040 F. The duration of the permit shall not exceed 72 hours. b:_ L_ 19.24.040 Temporary Signs in Commercial and Industrial Zones A. Each business is permitted up to two temporary signs per temporary sign permit B. Miles Page 23 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 B. The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days a calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs A. Placement Temporary signs may only be placed on the wall fronting the tenant space, of the applicant that has been issued the temporary sign permit or on the associated premises. The sign• must be securely attached either to the wall, if located on the building, or securely tiedgtd stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlinea'hy this Code, is strictly forbidden. '. �y' • A 1E, B. Setbacks All temporary signs, not attached to buildings, shall be placed a minimum of fivef5feet from all property lines. No temporary sign more than 3 feet intheight shall be placed within thesight distance triangle of a vehicular access point unless it can be demonstrated that the sign will not a safety 4. issue by reducing visibility. N-*. ., �. �.,, 10 19.24.060 Special Event Signage . Each business operating within the City shall . ermitted one speci permit every 24 months. That permit allows: �.. `, A. The type and size temporary signs permed . nde ,T C 19.24.05O : ut B. Any of the sign types otherwise prohibit d`,under MCA1 .1 Prohibited Signs and Devices C. These signs may remain in place for up to 30 days. it.,�. ;.;yo- 19.24.070 Portable Signs•a s A. In order to facilitai e.the ordexly' of automobile traffic and pedestrians portable signs may be used for lirifitel with special perrfiission from the City. The use of portable signs is limited to special events suclas`the .holiday shopping season at the Mall, events by the City's Parks an •Recreation and: Department-ad/or events at Fort Dent Park. B. T1e City may approve the u ;e�of portable signs for special events if all of the following conditions are�met: � i k ,4 1 portable signs are e ng used ictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for ad ertising or as a mean to circumvent the intent of this Code. 2. The pla4 ment of the po able signs will not impact public safety. 3. That the use , f,the portable signs is part of a larger motorist and /or pedestrian management plan. 4. The anticipated jraffia fdr the event represents a 50 percent increase above the ordinary traffic for the site that wilbl a 'hosting the event. 5. The special permi shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. Real estate directional signs do not qualify for the special permit. 7. The signs can be safely displayed and placed. 19.24.080 Temporary Window Signs A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in B. Miles Page 24 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc • windows that are located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground floor transparent window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass does not qualify for window signage. F. No individual sign may be larger than 6 square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who have either publicly declared their intent to run for office or have filed with King County to seek'office. C. Initiative signage may be displayed for any initiative ri which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed ■ith Washington Secretary of State's Office or County Auditor's 010 e. All sigris•must be removed' thin 14 -days following the election. ` _43 D. All political campaign signage shall be removed withi il.4 -day`s following the general election. If a run -off election for a candidate or initiative is required, signs may remain until 14 -days following the run -off election. E. Campaign signs may be placed in the'landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area No political campaign sign shall be erected on private property without the permission of the property ?owner or his /her agent. F. Campaign signs are in addition to any sighpermitted u nder.TMC 19.24.030 Temporary Signs in Residential Areas * Y gym_. G. Campaign signs may'notbelocated on real property owned and/or controlled by the City of Tukwila. '' mt. ; ax k H. Campaign signs not be located within streetmedians or in right of way areas not maintained by an adjacent property owner r'H x . • 11 z: B. Miles Page 25 W :\Long Range Projects\Sign Code Update\PublicReviewDraft.doc 03/09/2010 Sections: 19.28.010 Sign Variance Process 19.28.020 Sign Variance Application Materials 19.28.030 Variance Criteria 19.28.040 Variance Not Permitted Chapter 19.28 Variances 19.28.010 Sign Variance Process i. n. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any • appeals must be made to King County Superior Court. �. . , �i " 19.28.020 Sign Variance Application Materials ; l 4, Applications for sign variances must be accompanied by th following mater Ps: N A. 3 Copies of a completed and signed application forte provided by the City. P g pp p Y tY• , r B. 3 Copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposedsns on thpremises, includingtbbth building mounted and freestanding signs. Highlight the change._ equ through the variance. Generally, the City will not require site plans to be prepared by a licVns surveyor, however the City shall have the authority to require a site plan prepared by a Watimigton State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. C. 3 Copies of scaled and dimensioned drawing q fthe proposed sign,or4signs with area calculations. D. If building mounted signs are proposed 3 copies : af.a a scaled elevation of the building walls where the signs will be located indicating the location andre & ht of the exposed building face used to calculate the sign area. ' E. If freestanding signs arelproposed scaled andThmensionedkdrawing with height calculations. F. 3 Copies of a scaled and dimensioned building profile if projecting signs are proposed. G. Method of illum�i if proposed. H. Details for any dyn iticportio'ri`s of the proposed signs. I. Written narrative respOndi to :these, }e variance criteria found in TMC 19.28.030. J. Mailing all prop r3 owners, tenants, and businesses within 500 feet of the subject property er quesppg the variance or, the Public Notice Mailing Fee per the City's current fee scjedule if the City4to genera the labels. Kx':Payment of fee as estaiilished irittje pity's current fee schedule. 19.28.030 Variance Criteria The Hearing Exat`ti ner may granfi _a variance to the requirements of this Code only when the applicant demonstrates compliance with the following criteria: h t� A. That the varian eeas approved shall not constitute a grant of special privilege which is inconsistent with,die intent of this sign Code; 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 the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. D. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant B. Miles Page 26 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc • E. That the variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the state intent of this Code. F. That the variance request is not inconsistent with any other adopted City plan or policy, including the zoning code, Walk and Roll Plan, and /or Shoreline Master Program. G. 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. 19.28.040 Variance Not Permitted In no case shall the Hearing Examiner permit a variance to be issued for a signtype that is prohibited under this Code. B. Miles Page 27 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 Sections: 19.32.010 Intent of the Master Sign Program 19.32.020 Eligibility 19.32.030 Process 19.32.040 Criteria 19.32.050 Master Sign Program Application Materials 19.32.060 Allowable Modifications Under a Master Sign Program 19.32.070 Existing Signs Not Conforming to a Master Sign Program 19.32.080 Binding Effect p:�: - 19.32.010 Intent of the Master Sign Program .� The master sign program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of largersites. The signsapproved through this u- a process must be integrated into a coherent design and communication approach for tl1e.site while continuing to meet the overall intent of the Sign Code listEdat TMC 19.04.020. Signs permit *ed under this chapter may only list on- premise businesses, product's andku "ses. Chapter 1932 Master Sign Program B. Miles Page 28 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 19.32.020 Eligibility Property owners of premises that meet one of the following conditio smay apply for approval of a tt master sign program to customize the standard-Sign Code requirementsto their specific site conditions. 1. Sites with a gross square footage of 15 developed "w t j one or more buildings totaling at least 200,000 square feet. Kt,, �` s; 2. Uses that provide emergency services (i.e)hospita1 emer envy rooms, etc) where public safety may be jeopardized by strict compliance with the Sign -Code. 19.32.030 Process atil? N4414-4A'' Master Sign Programstth'at propose to ary the size, heiOit, number or location of otherwise permissible signs under TMC A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs n t btlierwise permissible under this Code per TMC 19.32.060 B will be reviewed by,tl e Bo Arch t,mural Rev2ew:IAmendments to previously approved Master Sign Programs ill be reviewediadministratiuely by the Director. No appeals of Master Sign Program decisioneare permitted. ' .ppr`oval of a master sign program does not waive the permit requirements for PAL. X. individua'signs. 19.32,040 C A master sign p may be approved if all of the following criteria are met: A. The master sign "p 4ogram meets the intent of the Sign Code as well or better than the signage allowed under the'i standard code provisions. B. The requested deviations from the code respond to the specific characteristics or use of the premises C. The program complies with the applicable standards in this Chapter D. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively, and inviting nighttime environment if the site is in a commercial zone. E. No sign related code enforcement violations on the premises for at least one year prior to submitting the master sign program application. F. The program must contain a schedule for the removal of all non - conforming signs on the premise within three years from the date of Master Sign Program approval. 03/09/2010 • 19.32.050 Master Sign Program Application Materials Applications for Master Sign Programs must be accompanied by the following materials: A. 3 Copies of a completed and signed application form provided by the City. B. 3 Copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building mounted and freestanding signs. Highlight the changes requested through the Program. Generally, the City will not require site plans to be prepared by a licensed surveyor, however the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. C. 3 Copies of scaled and dimensioned drawings of the proposed sign, or signs with area and height calculations. r D. If building mounted signs are proposed 3 copies of a scaled elevation.gf the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 4 ,, • E. 3 Copies of a scaled and dimensioned building profile jf ro'ectin signs are' ro osed. P gp e p l g g P. .p F. Method of illumination if proposed. G. Details for any dynamic portions of the proposed'signs. H. Written narrative justifying the requested deviatibn from the Code and demonstrating compliance with the standards in this Chapter. I. Analysis of sight distance safety if increases in size to monument signs or installation of a grand monument signs are proposed J. Mailing labels for all property owners, tenants, and businesses. within 500 feet of the subject property for Programs reviewed by the' }BAR,or, the Public Notice` - Mailing Fee per the City's current fee schedule if the City is to gene ate the labels. w" K. Payment of fee as listed in the City's current fee schedule... ,. 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the followingkstandards maybe allowed under an administratively approved master sign pro'gratn: v'y - 1. Increase in'n onument'sign total area of p to 25 %, no increase in height permitted 2. Increase in the•area a flush• ounted buildin sign allowed per 19.20.050 A of up to 50% with a imum sign area of,no,i lore than Aquare feet. ,3: Aggregaho the building mounted or freestanding sign area allowed per Table 1 or 4 Table 2 into larger signs of the same type 4. Up to 4 additional directional'signs. The directional signs must utilize materials, colors s and details consistent with the design of the other site signage. B. In addition to the above'listed modifications the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs subject to the following standards: a. Roof signsmay be allowed only within the TUC zone b. Roof "sign "s may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size e. Roof signs may only be individual channel letters supported by an architecturally integrated structure f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional rooftop sign may be permitted if the rooftop signs are approved as part of the design review approval of the • structure. 2. Grand Monument Signs subject to the following standards: B. Miles Page 29 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc a. Grand Monument signs may be allowed only within the TUC and TVS zones b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under TMC 19.20.040 c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site d. Sign message area may be increased up to 100 sf per side, 200 sf total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested ar. feet, whichever is ±k : t • . greater. The minimum front setback is the smaller of the:front yard required in the zoning district or the height increase requested. 3 ''' f. Total height of the sign structure may not exceed ,t the tallest building on the premises. a g. No more than 2 grand monument signs are allowed per premises. 3. Parking Structure Incentive Signs subject to the standards`'t; a. Signs may only be flush mounted to the walls of parking structureswl ch have two or more above ground parking levels. , • . b. The sign must be designed to allow pe` i dac replacement of the copy. 'Electronic signs are permitted so long as they are operated iii a way that does not mee definition of dynamic sign. ' c. The sign face must be contained within a frameabat is architecturally compatible with N d. Internally illuminated cabinet sign are not permitted. ay e. Each sign may be a maximum of 300 'suuare feet in area.' f. Only one Parking Structure Incentive sigris ;ligwed,per parking structure wall. 4. Landmark Business Wall Signs subject tofhe folrowing'standards: a. Landmarkbusin'esses are allowednp to four fluid mounted building signs, one for each wall that faces'a cardinal direction; b. Allowed.sign areais'6% of the totai'exterior wall of the tenant space up to a maximum of 500 squ a a feet -and c. Landmarkrb, usn es n�ho ; have a portion of their exterior wall obscured by a structure may. lace theirIign glion the structure wall parallel to their obscured wall. sue': `p}7''., q •. 19.32.070'aExisting Signs Conforming to a Master Sign Program Any new ar,amended master':sign progra shall include the removal of any existing nonconforming signs on the premises. The applicaritay propose a phased schedule for bringing into conformance all signs not conforming;to the proposedror amended program, or Chapter 19.36 of this Code within three years. If phasing is proposed a financial?guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. �a,'' .s r 19.32.080 Binding Efect :'• After approval of a mastei'.sign program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this Code. The master sign program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this Code, this section shall control. the building design. 4 . , B. Miles Page 30 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 • • Chapter 19.36 Non - Conforming Provisions Sections: 19.36.010 Purpose 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs 19.36.030 Permanent Freestanding Signs that did not comply with the previous Sign Code 19.36.040 Non - Conforming Sign Permits 19.36.050 Existing Freeway Interchange Signs 19.36.060 Non - Conforming Temporary Signs 19,36.070 Additional Signage Prohibited 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor Ln1 a s • 19.36.010 Purpose The purpose of this chapter is to establish limits on the use of and requirements.for the removal of non- conforming signs. Subject to the remaining restrictions of this chapter, non - conforming signs that were otherwise lawful on the effective date of this Code or lawful at the time • of their installation may be continued until their removal is triggered. The provisions of this chapter do not applylo billboards. att 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs, ¢y . 'M - .b. A. All permanent signs that do not conform to the specific standards of this Code may be considered legally nonconforming if the sign was,erected in conformanee=with a valid permit, if a permit was required and complied with all applicable,laws at the time of the` sign's installation. Non - Conforming rights are not granted to temporra y signs or signs that were in violation of previous versions of the Sign Code. 1, s B. Grace Period for Permanent Signs that complied'with theprevious Sign Code Signs which were installed under theity 's previous Sign Code, which was adopted by Ordinance 1274 g .... . 1k C 5 . and amended by Ordin'arices 1617, 1649,1773,1792,1'857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non conforming after adoption of.thi's Code may be issued a non - conforming sign permit that will allow them to reinainfo aten year grace period from the date of last legal face change of the sign. Legal fa ce:ehan a shall tie defined as th6:.date on which the City last issued a sign permit for a face or copychange fosthesubject sign,, This section does not apply to signs that were classified as "freeway, riterchange" uri"'detthe previous: Code. C. Sign Modifications During the,,Grace Period During the e. eriod the s na b e refaced and the panel or copy changed provided the area, height, in'ac,�. P � �.. Y P 1?Y g P ht g, and location of the'?sign remain unchanged. A non - conforming sign permit will be issued for work covered under this 'section. Permanent signs and sign structures that are moved, replaced or structurally altered must be bro glh conformance with the current sign regulations. D. Sign Modifications After the Grace Period After the grace period the sign is permitted to remain as -is indefinitely. However application for and issuance of a sign permit that complies with the Code is required for any relocation, re- erection, alteration, replacement or change in any way to a legal non - conforming sign including the structure or sign panel /face /copy. B. Miles Page 31 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc 03/09/2010 19.36.030 Permanent Signs that did not comply with the previous Sign Code. Permanent signs which did not comply with the City's previous Sign Code as adopted by Ordinance 1274 . and amended by Ordinances 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126 are permitted to remain as -is indefinitely provided the property owner or tenant applies for a non - conforming sign permit and is able to demonstrate that the signs were legally installed and any modifications complied with the City's Sign Code regulations at the time of the modification. Application for and issuance of a sign permit that complies with this Code is required for any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section. 19.36.040 Non - Conforming Sign Permits A. Nonconforming Sign Inventory. The Director shall, as soon as practicable, survey the city for signs which do not conform to the requirements of this Code. Upon determination thata sign is nonconforming or illegal, the Director shall use reasonable efforts to so notify in writing the %sign owner and where practicable the owner of the property on which the sign is located. Notification shall include: 1. Whether the sign is nonconforming or illegal; n _ # 2. Whether the sign may be eligible for a nonconforming sign' permit.* If the identity of the sign owner cannot be determined after reasonable inquiry,.the notice may be affixed in a conspicuous place on the sign or on the business premises with which the'`sign is associated. However, the failure of the City to identify the sign owner,shall not relieve the property.owner from the requirements of this section. ; .N'*.. *y. B. Nonconforming Sign Permits. • 1''. ,' . V V 1. Eligibility. A nonconforming sign permit may be is s u ed w i l y ' in a ccordance with'the standards listed in this chapter. ; 2. Permit Required. A nonconforming sign permit is requiredfor all eligible nonconforming signs within the City. The sign owner shall obtain tlie"permit within 180 days initial notification by the city and for any panel or copy changes allowed duringthe °grace period. .%.44 3. Applications for a nonconforming signnpermitsha 1 contain the'name and address of the sign user, the sign owner, and the owner of the property upon which: the sign is located, and such other pertinent information as the Dire may require to ensure compliance with this chapter. The Director may waive specific submittalsrequirements determined to be unnecessary for review of an application. 4. Permit Issuancce°'Any per4submitting ai "application for a nonconforming sign permit shall use the forms provided by° Department. The Directajshall issue nonconforming sign permits upon a determination of eligibility:' he. Director may require the filing of plans or other pertinent information where such information is neeessa to : determine compliance with this chapter. Appeals shall be filed in accordance with T MC. i 19.12.120 *,, 11 W: ' 'Fw 7. lz C. Loss of ;Legal Noncoorming Stags. Nonconforming signs shall either be removed or immediately brought into compliance wt,,ih this chapter upon the occurrence of one or more of the following events: ,4`-: 1. When a nonconforming sign p "errgit is required but not obtained within 180 days of notice of nonconfor once; or 2. When an application is submitted to the City for a project that is subject to design review on a premises any non conforming building mounted signs affected by the construction and all non- conforming freesatdi.ng signs lo'Se their non - conforming status; or 3. When anypanel o : changes are proposed after the expiration of the grace period; or �'rneet 4. When the sis the definition of abandoned; or 5. Damage of 25.percent or more in the value of either the nonconforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of the maintenance or repair is Less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of B. Miles Page 32 03/09/2010 W:\Long Range Projects \Sign Code Update\PublicReviewDraft.doc • • • the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non - conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated application for and issuance of a sign permit that complies with the Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy. 19.36.060 Non - Conforming Temporary Signs Non - conforming temporary signs must be removed within 30 days of the adoption of this Code or the expiration of their sign permit, whichever comes first. Commercial real estate signs in existence in the City prior to the adoption of thi s,Code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this Code. re ts. �k t. 19.36.070 Additional Signage Prohibited -t._ '� °;,, No additional permanent building mounted signage is permitted -on a4enant spaee'that contains a non- conforming sign. No additional permanent freestanding signs'are'permitted on a premises that contains a non - conforming freestanding sign 19.36.080 Financial Incentives - Tukwila International Boulevard Corridor r„ In order to assist with the removal of non - conforming signs`wthin theTu kwila International Boulevard Corridor the City Council may develop a grant program to provide.'financial incentives to property owners and businesses. Applications to the grant program shall be reviewed quarterly and approved by the DCD Director, subject to the availability of allocated funds. d In order to be eligible for grant funding the project comply w the following requirements: A. Sites must be located within International Boulevard Redevelopment area, Zoning Code Figure 18 -9, �., ?^4i.'a B. Removal of non - conforming signs listed in TMC 19.36.030 shall have a higher priority than removal of non- confor wider der TMC 19.36.020 C. Payment of;the grant award shall not occ un ti l after the sign has been removed and properly dispbsed of. :A `'a, i D. N 'applicant or b shalt receive more than $2,000 from the grant. E.The.Director is here autho t o ; develop written procedures for award and administration of the, rant funds. '' N. a' Sections: 19.38.010 Purpose This chapter is still in development. B. Miles Page 33 W:\Long Range Projects\Sign Code Update\PublicReviewDraft.doc Chapter 19.38 Billboards ' i 03/09/2010 Sections: 19.40.010 Liability for Damages 19.40.020 Severability Clause 19.40.030 Substitution 19.40.010 Liability for Damages Nothing in this Code shall relieve any person, corporation, firm, or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this Code. The City,ard its employees, agents, and officials shall assume no liability for such injury or damage resulting frorrithe authorization of any permit or inspection implementing the provisions of this Code. 19.40.020 Severability Clause ' t m. If any section, subsection, paragraph, sentence, clause or phrase of'this Code or it application to any person or situation should be held invalid or unconstitutional for any reason by a courtsof competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this ordinance or its application to ariy other person or situation. 19.40.030 Substitution Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structuret.. . £ s Chapter 19.40 General Provisions B. Miles Page 34 WAL.ong Range Projects\Sign Code Update\PublicReviewDraft.doc 03/09/2010 13 (08/19/2010) Brandon Miles - 10- 22- 09.doc Page 1 The meeting was called to order by Chair Malina at 6:00 PM. Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Allan Ekberg, Margaret Bratcher, Lynn Peterson, and Brooke Alford Absent: Commissioner, Chuck Parrish Representing City Staff: BROOKE ALFORD MADE A MOTION TO ADOPT THE WORKSESSION MINUTES FROM OCTOBER 8, 2009. MARGARET BRATCHER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. Brandon Miles, Senior Planner, Department of Community Development, stated this is the last individual topic area worksesion on the Sign Code Update. Review continued: Special Event Signage (sale banners, pennants, and inflatable animals) Staff asked the PC if they want to expand temporary signs. Currently grand opening signage is allowed for seven days. • The PC was in consensus to increase allowance to 30 days with no additional changes. "A" Boards Staff recommendation - allow "A" Board signs for limited events in order to assist with traffic, parking and crowd control, which shall be approved administratively by the DCD, PW and P &R Directors. • The PC was in consensus to approve staffs recommendation. Master Sign Program Nora Gierloff, Brandon Miles, Wynetta Bivens PLANNING COMMISSION (PC) SIGN CODE WORKSESSION MINUTES OCTOBER 22, 2009 Staff asked the PC if they want to have provisions to have a Master Sign Program. If so, staff recommended that approval shall be handled administratively by the DCD Director. • It was the consensus of the PC to have a Master Sign Program with a minimum of 15 acre sites and with building(s) with 250,000 sq. ft. to qualify, and that the BAR shall be the approving body. Commissioner Ekberg asked staff to return with some property comparisons between 20 acre sites and building(s) with 250,000 sq. ft. Vs 15 acre sites and building(s) with 250,000 sq. ft. Next Steps • Staff will return with a Draft Sign Code Update by the end of January. U0/ I VI Lt.! I U DI CII IUUI I IVIIICJ - 1 U-cc Page 2 of 2 Planning Commission Minutes October 22, 2009 • It is staff's intent to provide the Draft Sign Code Update to the PC for review two or three weeks prior to the public hearing. • There will be a public hearing on the new Sign Code in late January or early February. • Staff will continue with public outreach. • Staff will brief the Southwest Chambers of Commerce. • Staff continues to send out mailings and hold targeted discussions with interested groups. • Staff will continue discussions with Westfield and Clear Channels Outdoors regarding their signage. Director's Report: • The last two meetings of the year will be held on November 12t and December 10 Meeting adjourned: 7:05 PM Submitted by: Wynetta Bivens Secretary Adopted: 11 -19 -09 rayu I. CALL TO ORDER City of Tukwila Department of Community Development Jim Haggerton, Mayor Jack Puce. Director CHAIR, GEORGE MALINA, VICE - CHAIR, BILL ARTHUR; COMMISSIONERS, CHUCK PARRISH, ALLAN EKBERG, MARGARET BRATCHER, LYNN PETERSON AND BROOKE ALFORD Planning Commission October 22nd, 2009 6:00 Sign Code Worksession Starts Tukwila City Hall Council Chambers II. ATTENDANCE ID III. SIGN CODE UPDATE A. Temporary Signage in Commercial and Industrial Zones B. "A" Boards C. Master Sign Program D. Sign Code Update, Next Steps IV. DIRECTOR'S REPORT * * ** *Dinner Available at 5:30 * * * ** 6300 Southcenter Boulevard, Suite #100 • Tukwila. Washington 98188 • Phone 206 -431 -3670 • Far: 206 -431 -3665 PLANNING COMMISSION (PC) SIGN CODE WORKSESSION (3) PUBLIC HEARING MINUTES OCTOBER 8, 2009 The meeting was called to order by Chair Malina at 6:00 PM. Present: Chair, George Malina; Commissioners, Chuck Parrish, Margaret Bratcher, Lynn Peterson, and Brooke Alford Absent: Vice - Chair, Bill Arthur and Commissioner, Allan Ekberg Representing City Staff: Nora Gierloff, Brandon Miles, Wynetta Bivens and Sl% lley Kerslake, City Attorney ti PLANNING COMMISSION • Executive Session 6:00 - 7:00 PM (Pending Litigation, Pursuant to R` 42.30.110(1)(i) ..ti•Jrt :•lV . *SS' : r The executive session was originally scheduled to conelde at 3 At 6:30, Bra * d`on Miles, ^'sue � ,, .:,. ,,. Senior Planner went to the lobby and announced that therexecutive session was being extended an additional 30 minutes. • fi y.. -,...4.:0,,, fi r' vx... -k. 4yd' ry�Rti 7:00- adjorned from executive session and'e open session. WORKSESSION `'� Political Signs Should political signs be allowed in landscape medians? • PC consensus - No r�7 The Planning Commission was asked to make decisions on the following: k4 CHUCK PARRISH M; MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM PT� S, EMBE 24, 2009. M ARGARET BRATCHER SECONDED THE MOTION. Ti4E'M TION AS UNANIAPVSLY APPROVED. Brandon Miles, ,, ,enio D epartment Community Development, continued the discussion,:on political s, g in the public right -of -way. S1 _ • 'Tt:;was determined th.'�atttthe dec $ion made on recommendation # 4, as listed below, at the Wit/09. worksession aan not be used due to legal issues as explained by the City Attorn'ey% Recommendation # 44z;R:evise4 :to read, ` 60 days before the primary election. If there is no primary election signs can be pu riip G0 days before the general election. No restrictions between the primary and general election and 10 d after the general election ' - (staff will draft final language) PC consensus Should political signs (campaign signs) be allowed in areas of unimproved right -of -way not contiguous with a private yard? • No (3) - Yes (2) Page 2 of 2 Planning Commission Minutes September 24, 2009 Freeway Interchange Signs Should new Freeway Interchange Signs be allowed? • PC consensus - No Billboards Should a net increase in the number of billboards be allowed? • PC consensus - No Commissioner Peterson requested that the city make sure it is being good neighbors to Seattle and SeaTac when allowing replacement billboards to be sited near Tukwila's borders. Does the PC tentatively approve the four designated billboard receivipfrar. aS (W. Valley Hy south of 180` EMWS north of Airport Wy, Airport Wy and commercial sites 8)? • PC consensus — Yes Non - Conforming Regulation Issues • Discussion only, PC expressed support for inceiAitis for removal of non- confo design review as a trigger for sign compliance, re'fieig of theAgn as a trigger for compliance, no use of new sign code provisions while non - conforming' igns remain on a site, 10'year grace period for recently installed signs Director's Report: • PC Worksession on Sign Code issues on • Current planning on the PC agenda ony .12` • Subnai The EcoNorthwest focus group results on` he an Ce`r e Dec. and will be pre t t9 the PC someti after then.. z • The Nov. and VC Metes will be held�the 2 nd Thursday of the month only due to the holidays. • Commissioner MaIj'n :; gave a update of the Urban' "Center Plan focus group meeting let by the EcoNorthwest consult" is th.P.,] .:attended on .Sep. 28 Meeting adj.`durne WyneMBivens Secret lan will be completed in Nov. or • w TO: Planning Commission • FROM: Brandon Miles, Senior Planner DATE: October 12, 2009 RE: Sign Code Update Meeting #4 • • The topics for tonight's meeting include temporary signage in commercial zones, "A" boards, and a discussion about whether a master sign program for large commercial complexes should be included in the code. Tonight's meeting will be the final work session where individual topics are discussed. At the next meeting, which has yet to be scheduled, a draft sign code will be provided to the Planning Commission for review. Special Event Signage /Temporary Signage in Commercial and Industrial Zones Many businesses have a desire to install temporary/special event signage to advertise a grand opening, sale, or other special event. Common examples of special event signage include banners, "A" Boards, balloons, wind animated devices, search lights and pennants. The City's current sign code only allows businesses that are having a "grand opening" event to display balloons and other "carnival like" devices for up to seven days. All businesses within the City are allowed to use banners for up to 30 days once a quarter. If a business uses one banner it can be no greater than 64 square feet and if the business wants to use two banners the two banners combined cannot exceed 64 square feet. The City of Bellevue's restrictions are very similar to the City's current regulations: From Bellevue's Sign Code: B. Miles Page 1 10/15/2009 W: \Long Range Projects \Sign Code Update\Meeting 4 \Memo, 2009.10.12.doc Temporary Event Signage. Signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloon, and search lights are permitted for a period of one month to announce the opening of a completely new enterprise, and anytime thereafter for two weeks each occurrence (searchlights excepted) to announce the opening of an enterprise under new ownership, a substantial remodel, or a going out of business sale. However, the City of Bellevue does provide additional provisions for signage that is not allowed by the City of Tukwila. Bellevue's code notes: Temporary Joint Sales Signage. Signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloon, and search lights are permitted for a period of two weeks to announce a special sales events sponsored by more than one commercial enterprise. Such special sales event must be held on the premises of one or more of the sponsoring enterprises, and all participating enterprises must be located on the same site or abutting sites. The signage allowed under this section may be permitted no more than four times per year for any participating enterprise. The City of Issaquah's provisions on temporary signs are much more flexible than both Tukwila's existing code and Bellevue's code. For example, Issaquah allows balloons on sites and allows decorative banners. As mentioned above balloons and other "carnival type" devices are only allowed for grand openings under Tukwila's code. B. Miles Page 2 10/15/2009 W:1Long Range Projects\Sign Code Update\Meeting 4Vvlemo, 2009.10.12.doc • • • • • • Analysis 1. No change from the current sign code. 2. Each business could display a wide variety of objects as part of a special permit. Tukwila has a thriving retail and entertainment core. The urban center area has one of the largest concentrations of retail square footage in the state. On the weekends, people from all over Western Washington visit the city to shop and dine. It is on these visits to the City that many people draw conclusions about Tukwila. Often times businesses tend to install prohibited devices as way to create a "destination" and to attract attention to their sites. Many of these businesses install the signs, despite repeat visits from Code Enforcement and Planners. The Sign Code Advisory Committee considered the following when deliberating on this issue: 1. Should there be more flexibility in allowing temporary, special event signs? 2. Do customers make decisions to purchase items based on the presence of these signs? 3. Do these signs contribute to or detract from creating a first class retail environment? 4. How do these signs interact with the built environment, such as buildings, trees, and parking lots? After considering the above questions, the Committee was provided the following options from staff regarding regulations on temporary signage within commercial and industrial zones: B. Miles Page 3 10/15/2009 W:\Long Range Projects \Sign Code Update\Meeting 4\Memo, 2009.10.12.doc The Sign Code Advisory Committee recommended that option "1" be adopted into the new sign code. The Committee noted that the new sign code would permit many businesses and property owners to install additional permanent signage which would increase their visibility. The Committee expressed concern that temporary signage would present aesthetic issues that would detract from creating a first class retail environment. The Committee did recommend that the duration of grand opening signage be extended from seven days to 30 -days. Staff's Recommendation Staff supports the recommendation of the Sign Code Advisory Committee to make only one minor change to regulations regarding temporary signs placed at commercial and industrial properties. "A" Boards The City's current sign code specifically prohibits the use "A" boards within the City's commercial and industrial zones. B. Miles Page 4 10/15/2009 W:1Long Range Projects\Sign Code Update\Meeting 41Memo, 2009.10.12.doc • • • • • "A" Boards are a cheap and convenient sign option used by some businesses. They are typically placed on sidewalks or landscaping and are typically directed at people in cars. Some businesses due to limitations placed by landlords or the City are not able to be listed on a freestanding sign. These businesses choose to use "A" boards as a way to circumvent their inability to be listed on a freestanding sign. For comparisons the staff looked at the cities of Issaquah and Bellevue to research how they regulate "A" boards: The City of Issaquah allows "A" boards to advertise special events for which a special event permit has been issued by the City. An example of a special event given in their code is their annual Salmon Days event. The signs are allowed only to assist in traffic and crowd control for the event. "A" boards can also be used by outdoor vendors such as Christmas tree lots, fruit stands, and other time limited activities. The City of Bellevue prohibits most types of "A" board signs. However, the City of Bellevue specifically notes that "A" boards worn by a person are allowed. The City of Tukwila does not regulate signs that are worn by humans'. III ' Regulating signs worn by people presents several legal issues and staff's recommendation is that "human" signs not be regulated under the sign code. B. Miles Page 5 10/15/2009 W: \Long Range Projects \Sign Code Update\Meeting 4\Memo, 2009.10.12.doc Analysis When regulating "A" boards it is important to remember that a business has other sign options available that they could utilize. For example a business could be listed on a freestanding or building mounted sign. Many businesses choose to utilize "A" boards when they cannot be listed on a freestanding sign either because of restrictions placed by the landlord, restrictions placed by the City, or financial limitations of the business. The use of "A" boards by businesses presents two main issues: 1) Safety: Often times "A" boards are located on City sidewalks. While the City is improving and installing wider sidewalks throughout the City, most City sidewalks are five to six feet in width. When an "A" board is located on a City sidewalk it requires bicycles and pedestrians to navigate around the sign. These signs present safety hazards for people using the sidewalks and could create legal liability for the City. 2) Aesthetics: One "A" board on a property would most likely have minimal aesthetic impacts. As with all signs it is several signs that can create aesthetic issues. Tukwila has developments that contain numerous businesses, if each business was allowed one "A" board sign the entire front yard of a property would be covered with "A" boards. It is interesting how Issaquah allows "A" boards for special events as a way to essentially assist in traffic and parking control. The City's current sign regulations do not provide flexibility to allow a business to install "A" boards for such a purpose. The City's existing code also does not allow the usage of "A" boards for outdoor vendors. Outdoor vendors do not have nor would it be practical for them to utilize permanent signage Generally, the Committee recommended that the City continue its ban on the use of "A" boards within the City. The Committee found that the unfettered use of "A" boards contributed to a cluttered environment and posed safety concerns. However, the Committee found that in some cases "A" boards could serve a purpose in managing very large events. For example: 1. The mall has a need to use "A" boards during the Holiday season as way to efficiently move traffic and to park cars. B. Miles Page 6 10/15/2009 W:\Long Range Projects\Sign Code Update\Meeting 41Memo, 2009.10.12.doc • • • • • • 2. Starfire needs "A" boards during Sounder FC soccer games in order to park the large number of cars that come to the games. 3. The City's Parks and Recreation Department needs them for limited events as a way to manage crowds and traffic. The Committee recommends that "A" boards be allowed for selected large events in order to assist in crowd and traffic control. Staff Recommendation Staff concurs with the recommendations of the Sign Code Advisory Committee. Staff recommends that the use of "A" boards for certain large events be permitted via an administrative permit reviewed and approved by the Directors of DCD and PW. Master Sign Program Background During the sign code update process it became apparent that larger commercial properties have unique characteristics that don't fit well within a one size -fits all sign code. Unlike other cities, the City of Tukwila's commercial core is dominated by large commercial complexes, such as Westfield Southcenter; Regency Center, Parkway Supercenter, and Southcenter Square. Planning Staff could not find a Washington city that utilized a master sign program. The City of Milbrae, California has incorporated a master sign program in their sign code. From the City of Milbrae Sign Code: 10.10.160 Exceptions and variances. The planning commission may grant exceptions and variances to the regulations prescribed in this chapter relating to the height, area, location or number of signs under the following circumstances. A. Master Sign Program Exception. The planning commission may grant an exception in connection with the approval of a master sign program (see Article VII, Master Sign Program) if it finds that strict adherence to the requirements of this chapter would unduly impede or interfere with the ability of one or more businesses, facilities or enterprises to adequately identify themselves to the public, or a segment of the public likely to patronize them. The planning commission shall also find that the signage is harmonious and compatible with the development of the property on which it is proposed and with other development in the immediate vicinity. 10.10.330 Master sign program and requirements A. General. The threefold purpose of a master sign program is to identf the (1) maximum permitted sign area allowed on a particular site; (2) on -site areas which are suitable for signs; and (3) permitted on -site signs. A master sign program is subject to review and approval by the planning commission. Once approved, individual businesses may apply for proper permits to erect new signs in compliance with the sign program. B. Applicability. A master sign program is initiated by a property owner and is required for all new developments with more than one principal building, all new multiple tenant buildings, all new planned development projects and existing multitenant buildings where significant facade B. Miles Page 7 10/15/2009 W: \Long Range Projects \Sign Code Update\Meeting 4\Memo, 2009.10.12.doc improvements will require the removal of signage. A master sign program is recommended for existing sites with more than one principal building, for existing multitenant buildings and for individual buildings where the site would benefit from a coordinated signage plan. C. Required Information. A master sign program shall contain at least the following information: 1. An accurate site plan; 2. Location of buildings, parking lots, driveways and landscaped areas; 3. Computation of the maximum permitted sign area; 4. An accurate indication on the site plan of the location of each proposed sign, including any signs which are to remain or be removed; and 5. Scaled drawings of the proposed signs shown on elevations of the building(s) and any freestanding signs showing sign size, copy, graphic style, type of lighting and color scheme. D. Procedures. Any sign which conforms to an approved master sign program may be approved by the community development department. Approval of a master sign program does not waive the permit requirements for individual signs. E. Amendment. A master sign program may be amended by filing a new master sign program that conforms with all requirements of this section. F. Exceptions to Regulations. Exceptions to sign regulations for height, area, location or number may be permitted subject to review and approval of a master sign program. See MA/IC 10.10.160(A). G. Existing Signs Not Conforming to a Master Sign Program. If any new master or amended sign program is filed for property on which existing signs are located, it shall include a schedule for bringing into conformance all signs not conforming to the proposed or amended program, or this chapter. H Binding Effect. After approval of a master sign program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this section. The master sign program shall be attached to the lease agreements for all leasable space within the project. In case of any conflict between the provisions of such a plan and any other provisions in this chapter, this section shall control. (Ord. 626, § 2; 1976 Code 5C 10- 2.701). Analysis Many of the large commercial complexes found in the City present difficult sign issues that could best be addressed via a master sign plan. A master sign plan process would allow a property owner and the City to address signage needs on a case by case basis. In past meetings we have discussed how signage is an integral part of the urban environment. We have also discussed how signage could be used to encourage and reward certain types of development. A master sign plan would assist the City in achieving both of these objectives. Committee's Recommendation The Committee concluded that a master sign program should be available for large commercial complexes. The Committee recommended that the following development scenarios would be eligible for the master sign program: B. Miles Page 8 10/15/2009 W:\Long Range Projects\Sign Code Update\Meeting 41Memo, 2009.10.12.doc • • • • • • 1. Sites whose gross square footage exceeds 20 acres and contains a building or buildings with more than 250,000 square feet of area. 2. Uses that provide an essential public service (i.e. hospitals' emergency rooms, etc) where public safety may be jeopardized by strict compliance to the City's sign code. The Committee discussed the process by which the master sign program would be reviewed and approved. The two options in reviewing applications for the master sign program included administrative review by staff and review by the Planning Commission. Staff's Recommendation Staff concurs with the Committee's recommendation regarding which sites would be eligible for the master sign program. Staff will generate criteria for reviewing requests to be covered under a master sign program and will provide the criteria when a draft code is presented to the Planning Commission. Staff recommends that all applications for approval of a master sign program be reviewed and approved by staff. As the Planning Commission is aware, several months ago the City received a letter from Washington Cities Insurance Authority, the City's insurance carrier, recommending that all quasi-judicial hearings be transferred to the Hearing Examiner's Office. When the City Council approved DCD's 2009 house keeping amendments the recommendations of the City's insurer carrier were reflected in the amendments. Having the applications for a master sign program reviewed by staff would be consistent with the recommendations of the City's insurance carrier. Washington State law does not require a public hearing for approval of a master sign program. B. Miles Page 9 10/15/2009 W:\Long Range Projects \Sign Code Update \Meeting 4\Memo, 2009.10.12.doc Page 11 (08/19/2010 Brandon Miles - 10- 8- 09.doc PLANNING COMMISSION (PC) SIGN CODE WORKSESSION (3) PUBLIC HEARING MINUTES OCTOBER 8, 2009 The meeting was called to order by Chair Malina at 6:00 PM. Present: Chair, George Malina; Commissioners, Chuck Parrish, Margaret Bratcher, Lynn Peterson, and Brooke Alford Absent: Vice - Chair, Bill Arthur and Commissioner, Allan Ekberg Representing City Staff: Nora Gierloff, Brandon Miles, Wynetta Bivens and Shelley Kerslake, City Attorney PLANNING COMMISSION • Executive Session 6:00 - 7:00 PM (Pending Litigation, Pursuant to RCW 42.30.110(1)(i) The executive session was originally scheduled to conclude at 6:30. At 6:30, Brandon Miles, Senior Planner went to the lobby and announced that thee executive session was being extended an additional 30 minutes. 7:00- adjorned from executive session and entered open session. WORKSESSION CHUCK PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM SEPTEMBER 24, 2009. MARGARET BRATCHER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. Brandon Miles, Senior Planner, Department of Community Development, continued the discussion on political signs in the public right -of -way. • It was determined that the decision made on recommendation # 4, as listed below, at the 9/10/09 worksession can not be used due to legal issues as explained by the City Attorney. Recommendation # 4: Revised to read, ' 60 days before the primary election. If there is no primary election signs can be put up 60 days before the general election. No restrictions between the primary and general election and 10 days after the general election ' - (staff will draft final language) PC consensus The Planning Commission was asked to make decisions on the following: Political Signs Should political signs be allowed in landscape medians? • PC consensus - No Should political signs (campaign signs) be allowed in areas of unimproved right -of -way not contiguous with a private yard? • No (3) - Yes (2) WO! I.7 /LV I V Di at IUVI I IVIIIeb - I V .UVI. Page 2 of 2 Planning Commission Minutes October 8, 2009 Freeway Interchange Signs Should new Freeway Interchange Signs be allowed? • PC consensus - No Billboards Should a net increase in the number of billboards be allowed? • PC consensus - No Commissioner Peterson requested that the city make sure it is being good neighbors to Seattle and SeaTac when allowing replacement billboards to be sited near Tukwila's borders. Does the PC tentatively approve the four designated billboard receiving areas (W. Valley Hy south of 180 EMWS north of Airport Wy, Airport Wy and commercial sites along SR518)? • PC consensus — Yes Non- Conforming Regulation Issues • Discussion only, PC expressed support for incentives for removal of non - conforming signs, design review as a trigger for sign compliance, refacing of the sign as a trigger for compliance, no use of new sign code provisions while non - conforming signs remain on a site, 10 year grace period for recently installed signs Director's Report: • PC Worksession on Sign Code issues on Oct. 22'. • Current planning on the PC agenda on Nov.12`". • The EcoNorthwest focus group results on the Urban Center Plan will be completed in Nov. or Dec. and will be presented to the PC sometime after then. • The Nov. and Dec. PC Meetings will be held the 2 " Thursday of the month only due to the holidays. • Commissioner Malina gave an update of the Urban Center Plan focus group meeting let by the EcoNorthwest consultants that he attended on Sep. 28 Meeting adjourned: 9:05 PM Submitted by: Wynetta Bivens Secretary Adopted: 10/22/09 ra ye • I. CALL TO ORDER II. ATTENDANCE city of Tukwila Department of Community Development CHAIR, GEORGE MALINA, VICE - CHAIR, BILL ARTHUR; COMMISSIONERS, CHUCK PARRISH, ALLAN EKBERG, MARGARET BRATCHER, LYNN PETERSON AND BROOKE ALFORD Planning Commission October 8th, 2009 6:OOPM - 6:30PM Executive Session Pursuant to RCW 42.30.110(1)(i) (Pending Litigation) 6:30 Sign Code Worksession Starts Tukwila City Hall Council Chambers III. SIGN CODE UPDATE A. Temporary Signs within the City's Right of Way B. Freeway Interchange Signs C. Billboards D. Discussion on Non - Conforming Regulations (no information provided in memo) IV. DIRECTOR'S REPORT * * ** *Dinner Available at 5:30 * * * ** Kitt PkftrlC'teagSBbafipa litat t4Yiking iyaedasAlbsiggiii2 1OWS-2609,doo, 0A11717 . D,...,.,. ')f 4 '11 L '7 n - '' - -- Jim Haggerton, Mayor Jack Pace, Director • TO: Planning Commission FROM: Brandon Miles, Senior Planner DATE: September 28, 2009 RE: Sign Code Update Meeting #3 • Tonight's meeting will include a continued discussion on temporary signs within the right of way (ROW) and freeway interchange signs; both issues were originally discussed at the September 10 meeting. Please bring your binders and refer to the memo dated August 25, 2009 for background information. We will also discuss regulations regarding new billboards within the City. Temporary Signs within the City's Right of Way Staff's memo dated August 25, 2009 recommended that the new sign code continue to ban all signs within the City's ROW. Staff's recommendation was a reflection of the City's existing policies regarding signage within the City's ROW and the recommendation of the Sign Code Advisory Committee. Some members of the Planning Commission wanted to explore the possibility of allowing political signs within the City's right of way. It should be noted that the City of Tukwila contains various rights of way of other governmental entities. For example, West Valley Highway is part of State Route 181 and portions of Interurban Ave S contain Seattle City Light right of way. The City's permission to install any signs in these rights of way is necessary, but not sufficient to allow an individual to place signs in non -city controlled rights of way. The current sign code exempts political signs from the need to obtain a permit from the City. However, the exemption does not relieve an individual installing a political sign from complying with the terms and requirements of the sign code (TMC 19.12.050 (A)). The issues related to temporary signs within the right of way can be divided into three categories, aesthetics, safety, and legal limitations. The Planning Commission should consider all three when making its recommendation to the City Council. Aesthetic Concerns One of the main reasons that the City regulates signage is because of the visual impact that signs can have on a streetscape. Signs within the right of way, including political signs, can have a negative visual impact on a community. One of the goals of the Planning Commission when it adopted the purpose section of the new sign was to promote, "City streets that appear orderly and safe because clutter is minimized ". W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc Election signs are often times referred to as "election litter ". While many election campaigns diligently remove election signs, others do not. The signs that are not removed must be removed and disposed of at the cost of taxpayers. At the last meeting it was suggested by the Planning Commission that some cities charge a fee for political signs placed within the right of way if they are not removed by a certain date. Staff explored this concept and it is unworkable. It would be difficult to go after an individual candidate with a fine for a sign that was installed by a supporter. The above photo shows both political and real estate signs that have been placed in the right of way. The above photo shows political signs within a median in Mercer Island W:1Long Range Projects\Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc • • • • Safety Concerns Temporary signs within the ROW, including political signs can pose a safety concern for motorists, pedestrians and bicyclists using the city's right of way. After political signs are installed, they often are not maintained on a regular basis by the individual who installed the sign. The signs are typically removed once the election is complete. However, since the signs may not be adjacent to the property of the user that installed the signs, there is no individual who could re -erect the sign should it fall into the roadway or sidewalk. Signs installed within the right of way can also block views of motorists who are navigating the City's roadway. At the last meeting we briefly discussed the sight distance triangle which is a specific safety zone near curb cuts, driveways and street intersections. Generally, the sight distance triangle is 40 feet from the curb line parallel to the road and an additional 40 feet from the intersection of the road with the curb cut. Those two points are then connected to form a triangle. Any sign within this area can pose a safety concern. The Planning Commission should also consider the safety of those individuals installing signs within the right of way. The above photo of Mercer Island shows political signs within the landscaping median of Island Crest Way. In order for these signs to be installed these individuals had to either cross the street or stop their vehicles on the road to install the sign. Legal Issues As noted, signs are a form of speech and are granted protections under both the federal and state constitutions. The recommendations of the Sign Code Advisory Committee strived to be content neutral, meaning that the new sign code would not create any special distinction based on the content of the sign. Allowing political signs within the right of way while prohibiting other temporary signs within the right of way presents several legal issues. The City Attorney's Office will be providing you a separate memo outlining the issues with regulating political signs within the right of way. Other Jurisdictions City staff conducted a review of the regulations of other cities to determine if they permit political signs within the right of way. The following jurisdictions prohibit political signs within the right of way: Tumwater Lacey Dupont W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc The following jurisdictions permit political signs within the right of way: Bellevue Redmond Renton Staff s Recommendation Staff supports the recommendation of the Sign Code Advisory Committee to prohibit temporary signs, including political signs, within the City's right of way. As noted, these temporary signs can add visual clutter and can pose a safety risk to motorists and pedestrians. In other cities when the signs are illegally installed or not removed after an election, it is taxpayers who must pay to remove and dispose of the signs. Freeway Interchange Signage In the memo dated August 25th, staff noted that the recommendation of the Sign Code Advisory Committee was to prohibit new freeway interchange signs in the City. The Committee noted three main reasons for prohibiting the signs: 1. Tall pole signs, such as freeway interchange signs, are a legacy of the past. One Committee member noted that these are the types of signs you see along rural highways and not within urban environments. The tall signs add visual clutter to the City. 2. Freeway interchange signs are not needed to assist the traveling public in identifying services at upcoming exits since the Washington State Department of Transportation (WSDOT) maintains, "Motorist Information Signs" along all freeways. These are the blue or brown signs that identify gas stations, restaurants, lodging, and recreational opportunities. 3. The current restrictions on who is permitted to have freeway interchange signs is problematic given that the restriction is based on content. At the last meeting, the Planning Commission expressed a desire for additional information regarding freeway interchange signs. The four areas of interest were as follows: 1. The limitation on the number of businesses allowed on a WSDOT sign; 2. Turning and distance requirements for businesses to be located on the WSDOT Signs; 3. The ability of the individual to install "directional" signage within the City's right of way. 4. How do other cities regulate freeway interchange signs? W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc • • • • • WSDOT Motorist Information Signs In reviewing the requirements for the WSDOT signs it become apparent that the purpose of the WSDOT signs is to prohibit tall signs along freeways. Revised Code of Washington (RCW) notes: "A motorist service or tourist - oriented business located within one mile of an interstate highway shall not be permitted to display its name, brand, or trademark on a motorist information sign panel unless it owner has first entered into an agreement with the Department limiting the height of its on premise signs at the site of its service installation to not more than fifteen feet higher than the roof of its main building measured to the bottom of the on premise sign ". Essentially, a business cannot be listed on a WSDOT sign if it uses tall signs for advertising. The following information is from WSDOT's website and lists the applicable criteria for the WSDOT Motorist Information Signs. WSDOT provides specific guidelines and limits what types of businesses can go on the signs. WSDOT's regulations are specifically targeted at assisting the traveling public. Gas Activity 1. Provide fuel, oil and water. 2. Provide modern sanitary facilities and drinking water. 3. Provide a public telephone. 4. Be in continuous operation for at least 16 hours a day, seven days a week Food Activity 1. Be licensed or approved by the Washington State Department of Health. 2. Provide modern sanitary facilities. 3. Provide a public telephone. 4. Food activities in fee zones 1 and 2 shall be in continuous operation to serve at least two daily meals for a minimum of ten hours a day six days a week, and food activiites in fee zone 3 shall be in continuous operation to serve at least two daily meals for a minimum of eight hours a day six days a week. S. Provide indoor seating with tables for a minimum of 20 people. 6. Provide parking facilities for a minimum of 10 vehicles. Lodging Activity 1. Be licensed or approved by the Washington Department of Health. 2. Provide adequate sleeping and bathroom accommodations available without reservations for rental on a daily basis. W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc 3. Provide public telephone facilities. Camping Activity (applicable only for activities available from interstate highways) 1. Be licensed or approved by the state or local agency. 2. Have at least twenty camping spaces, ten of which will accommodate tents. 3. Provide adequate parking, modern sanitary facilities and drinking water for camping spaces. 4. Have an attendant on duty to manage and maintain the facility 24 hours a day while in operation. Recreational Activity (applicable only for activities available from non interstate highways) 1. Consist of activities and sports of interest to family groups and the public, generally in which people participate for purposes of physical exercise, collective amusement or enjoyment of nature. 2. Where applicable, be licensed or approved by the state or local agency regulating the particular type of business. 3. When the recreational activity is a campground, it must meet the specific criteria listed above for camping. Tourist Oriented Business 1. Consist of a natural, recreational, historical, cultural, education, or entertainment activity, or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business seasons from motorists not residing in the immediate area of the activity, or 2. Be listed as a historic district on the National Register of Historic Places, on the Washington Heritage Register, or as a National Historic Landmark with the state's office of archeology and historic preservation. Signs on private property that mark the entrance to the historic district and a letter of support by the jurisdictional local agency are required, or 3. Be a commercial district as adopted by a city ordinance or resolution with a minimum of one million square feet of leasable commercial space located within one square mile. The commercial district must provide a unique commercial activity where the majority of the district's customers do not reside in the city where the commercial district is located. The commercial district shall be located within one mile of the nearest state highway. Only the name of the commercial district will be displayed on the business sign, corporate logos may not be displayed. 4. Activities must be open to the motoring public without appointment, at least six hours a day, five days a week including Saturday and/or Sunday. W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc • • • 24 Hour Pharmacy • • 1. Be open twenty-four hours a day, seven days a week. 2. Have a state - licensed pharmacist present and on duty at all times. 3. Be located within three miles of the nearest state highway interchange or intersection. RV Symbol To be eligible for a RV symbol on its logo sign, the business or destination shall have amenities designed to accommodate recreation and other large vehicles, including: 1. A hard - surfaced access to and from the business, that is free of potholes and is at least twelve feet wide with a minimum turning radius of fifty feet. 2. The roadway access and parking facilities must be free of utility wires, tree branches, or other obstructions up to fourteen feet above the surface. 3. Facilities having short -term parking, such as restaurants and tourist attractions, must have a minimum of two parking spaces that are at least twelve feet wide and sixty-five feet long with a minimum turning radius of fifty feet for entering and exiting. 4. Fueling islands must be located to allow for pull- through with a minimum entering and exiting turning radius of fifty feet. S. Canopied fueling islands must have a fourteen foot minimum overhead clearance. 6. Fueling facilities selling diesel are required to have pumps with noncommercial nozzles. 7. For campgrounds, a minimum of two parking spaces at least eighteen feet wide and forty-five feet long are required. 8. Business activities must also post directional signing on the premises as needed to indicate RV friendly parking spaces and other on -site RV friendly services, so that the motorist is given additional guidance upon leaving the public highway and entering the property. A maximum of six business sign logos can be installed on one sign panel and a maximum of four sign panels can be installed near an off -ramp. The annual permit cost for one sign panel along Interstate 5 or Interstate 405 is $910 to be listed in both directions and $455 to be listed in only one direction. Large pylon signs, such as the ones along Interurban Ave South, cost well over $100,000 to install plus annual maintenance costs. In speaking with WSDOT they noted that generally a business must be within a few miles of the off -ramp; however WSDOT noted that businesses as far way as 15 miles could be eligible for a sign. If the business cannot be seen from the off ramp, WSDOT is required to install a sign at the off ramp (in WSDOT ROW) directing motorists where to turn. There is no limit on the number of turns required for a business located on a WSDOT sign. Directional signs can be permitted if approved and installed by the City's Public Works Department and complying with Federal Highway Administration street W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc sign standards. This is done on a case by case basis, when the signs will clearly serve the traveling public. Other City Regulations The following are regulations on signage along freeways for selected cities: Federal Way Properties abutting 1 -5 and which are located within the City Center -Core are Commercial Enterprise zoning districts would be eligible for an additional freeway profile category sign. Signs must be oriented toward 1 -5, be visible from 1 -5 (not the off - ramps), and be located near the property line closest to 1 -5. Allowable Height: If the sign is to be located at an elevation below the elevation of the adjacent freeway, the height of the sign shall be not taller than 25 feet above the elevation of the freeway. If the sign is to be located at an elevation above the elevation of the adjacent freeway, the sign can be no taller than 20 feet above the average finished ground elevation measured at the mid point of the base. However, sign height can be increased up to a maximum of 40 feet above the average finished ground elevation measured at the mid point of the base in order to be visible above trees or other obstructions. Fife Freeway Frontage Allowances. Properties with frontage adjacent to a freeway are permitted one freeway sign not exceeding 250 square feet. The sign can be a wall sign or a freestanding sign. Freestanding signs on a freeway shall not exceed 40 feet in height. Renton A commercial development with a single building of a minimum of 125, 000 sq. ft. in floor area dedicated primarily to retail sales, provided all or part of the property is located within 1, 000 feet of the right -of -way of I -405 or SR 167 may install one freestanding sign that is not to exceed 60 feet in height. Seatac In no case shall a sign be higher than 25 feet from the lowest grade of the property adjacent to the street level where the sign is proposed. Seattle Signs in NC3, C1, C2, IB, IC, IG1 and IG2 zones: The maximum height limit for any portion of a pole sign shall be 30 feet; except for pole signs for multiple business centers and for business establishments located W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc • • • within 100 feet of a state route right -of -way which is not designated in Section 23.55.042 as a landscaped or scenic view section, which shall have maximum height of 40 feet. • As has been noted, the City's current sign regulations for freeway interchange sign may be problematic in that the regulations are content limited. The cities listed above do not make special provisions for freeway interchange signs based on content; instead the restrictions on based totally on location. For example Federal Way allows ALL properties along Interstate Five to have taller signs. As has been noted, the Sign Code Advisory Committee has strived to provide recommendations that are content neutral. Recommendations Staff supports the recommendation of the Sign Code Advisory Committee to prohibit future freeway interchange signs within the City. The issue of what to do with existing signs will be discussed as part of the non - conforming provisions of the new sign code. New Billboards within the City W:\Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc The City currently has about 20 billboards within the City. All of these billboards are located within areas that were annexed into the City. They are primarily located along Tukwila International Blvd, East Marginal Way and Airport Way South. Before annexation, King County and WSDOT regulated the placement of signs along these roads. Both King County and WSDOT had lax land use regulations which allowed for billboard construction. The Sign Code Advisory Committee was supportive of reducing the total number of billboards within the City. At the meeting where this issue was discussed, Clear Channel Outdoors (CCO), who owns all the billboards in Tukwila, noted that they wanted to work with the City on consolidating billboards within the City. This would be accomplished by allowing new billboards within the City based on a ratio of older billboards to be removed and with upgrading some existing billboards. The City is currently in conversations with CCO to work out an agreement to reduce the number of billboards within the City. The final agreement will require approval by the City Council; however the new sign code will need to designate "billboard receiving" areas. These would be areas within the City permitted to have new billboards. Staff has identified the following areas as possibly being appropriate as billboard receiving areas: 1. West Valley Highway south of 180 2. East Marginal Way, north Airport Way 3. Airport Way 4. Commercial properties along SR 518 These areas were selected due their zoning and location away from residential zones and major commercial retail areas. The area of West Valley Hwy, East Marginal Way and Airport way are all zoned Commercial /Light Industrial and Manufacturing Industrial Center. In order for new billboards to be located within a receiving area an applicant would have to secure the removal of a certain number of existing billboards within the city. Thus, this program would create a net reduction in the number of billboards within the City. The City's main target for billboard removal are properties located along TIB. Since annexation the City has been working to improve the built environment of TIB, which has included sidewalks, landscaping, and the undergrounding of utilities. Billboard removal is the next step in improving the built environment of TIB. Recommendation Staff supports the Committee's recommendation of a net reduction in billboards within the City and will continue to work with CCO on an agreement that achieves that goal. The Planning Commission is being asked to create a receiving area for billboards which will likely be part of any agreement with CCO. Additional design standards for billboards within the receiving areas will also be drafted and presented to the Planning Commission with the final draft of the sign code. Attachment(s) A. Newspaper Article from the Seattle PI, dated September 23, 2006 W: \Long Range Projects \Sign Code Update \Meeting 3 \Memo, 2009.10.01.doc • • Signs of election litter medians Page 1 of 2 • Seattle http://www.seattlepi.comiloca1/286225_signs23.html Signs of election litter medians Saturday, September 23, 2006 By AMY ROLPH P -I REPORTER The median running down the middle of Montlake Boulevard Northeast is a mess. Here a sign for Democratic Sen. Maria Cantwell, there a sign for Green Party challenger Aaron Dixon -- the list goes on. Some signs are remnants of campaigns cut short by Tuesday's primary; others are advertising frontrunners for battles to come in November's general election. One thing most of the signs have in common: They've been uprooted and sprawled out flat across the muddy median. • It's possible that the signs were uprooted by unofficial foot soldiers who weren't fighting fair, or it could be that the wind knocked them over. No matter, city of Seattle officials say, the signs shouldn't have been there in the first place. 0 zoom Gilbert W. Arias / PA Angela Steel, an inspector for the Seattle Department of Transportation, removes signs Friday on Montlake Boulevard. Placing campaign signs on medians, traffic circles and other conspicuous roadway locations is illegal, but that doesn't stop the devoted supporters of politicians from doing it. "Campaign signs are not allowed on city property except on planting strips adjacent to property, and that's only with the residents' consent," said Angela Steel, an inspector for the Seattle Department of Transportation. So far this election season, Steel and other department employees have confiscated enough signs to fill the beds of at least three pickup trucks, and those are just the signs there have been complaints about. "We don't go out looking for these things -- we have other things to do," department spokesman Gregg Hirakawa said. "It's just not a high priority with us unless there's a public safety issue." Those issues arise when signs, especially those placed in clusters, become hazards for drivers or when pedestrian safety might be compromised by obstructed views. In races that don't tend to land in the spotlight, signs and other forms of simple marketing might be the • thing that helps snag the support of some voters, said Patricia Moy, an associate professor of communication at the University of Washington. "Name recognition tends to be more important in lower -level races," Moy said. "Assuming you are not Signs of election litter medians Page 2 of 2 interested in politics, generally speaking, it's the name that makes a difference." How signs are placed differs based on the size of a campaign, since prominent races don't rely as much on grass -roots campaigns for name recognition. Amanda Mahnke, a spokeswoman for Cantwell, said the campaign encourages supporters to display yard signs on their own property, and individual voters are usually responsible for their placement. But for those whose names show up on less glamorous parts of the ballot, most of the footwork is by candidates and campaign workers. Stephanie Pure, who was eliminated in the primary while trying to claim a 43rd District seat in the state House of Representatives, used 300 yard signs in her campaign, said spokesman Jason Bennett. When Pure knocked on constituents' doors, she took the signs and ask them if they'd like to put one in their yard, he said. The campaign didn't have enough signs to distribute on roadways, and Bennett doubts it would have increased Pure's votes significantly. "I often say that yard signs don't vote," he said. "It's more of a physiological impact than anything else. It may help, but if you want to increase someone's name recognition, you do telephone calling, direct mailing and 'doorbelling.' " Bennett said it is his understanding that the campaign has 30 days after the election to take down signs in public places. The state Supreme Court ruled in 1993 that setting time limits for how long campaign signs can remain posted after an election is unconstitutional. In the unanimous opinion, the court wrote that a city or county's concerns about ascetics and traffic safety do not justify restricting political speech. If signs aren't removed in a timely manner, at some point they will most likely come to be viewed as Litter, Hirakawa said. But having to take down signs might not be such a steep price to pay for what experts say is a tried -and- true method of marketing. As people become more technologically savvy, they also become more adept at blocking electronic messages, Moy said. While many traditional forms of advertising can be tossed in the trash or ignored, a constant inundation of one simple thing -- a candidate's name -- can be an effective way of reaching less - informed voters. "If you think about all of the junk mail we get, both in our inboxes and our mailboxes, it's easy to filter out," May said. "But it's harder to ignore yard signs." P -I reporter Amy Rolph can be reached at 206 - 448 -8223 or amyrolph@seattlepi. com. © 1998-2009 Seattle Post - Intelligencer 1- .. _ - �� - - - - -- --- ��, - - -' L (08/19/2010) Brandon Miles - 09- 24- 091.doc Page 1 • • • The meeting was called to order by Chair Malina at 6:00 PM Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan Ekberg, Margaret Bratcher, Lynn Peterson, and Brooke Alford Representing City Staff: Dynamic Signs PLANNING COMMISSION (PC) SIGN CODE WORKSESSION (2) PUBLIC HEARING MINUTES SEPTEMEBER 24, 2009 Nora Gierloff, Brandon Miles and Wynetta Bivens GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM AUGUST 27, 2009. CHUCK PARRISH SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. CHUCK PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM SEPTEMBER 10, 2009. BROOKE ALFORD SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. Brandon Miles, Senior Planner, Department of Community Development, gave a re -cap of the September 10, 2009 meeting. He facilitated an open discussion with the PC on their vision of what they are interested in for signage in the industrial and commercial zones. The PC provided staff with some feedback on: the purpose of signs; how signs interact with various elements; conflicts between signs and the built environment; whether signs contribute to or diminish safety; and some examples of areas with good and bad signage. Brandon continued review of the sign code on: Dynamic Signs are currently known as Animated Signs. They are a form of moving sign that can blink; have a digital display, move in and out, or show a TV type image. The term Dynamic Signs was replaced with Animated Signs because it was found to be a more encompassing definition, which covers all signs that move. The PC was asked to consider safety and aesthetics when determining their recommendation. The Federal Highway Administration is working on a safety study that will be available in 2010. The results of the study will provide clear guidance on the safety effects of Dynamic Signs. If Dynamic Signs are allowed in the residential zones for institutional uses as recommended by the Sign Code Committee, staff stated that not all of the safety concerns can be eliminated. However, staff believes that the safety concerns can be minimized. Staff is not concerned with aesthetic issues due to the criteria that will need to be met for Dynamic Signs to be allowed. There was extensive discussion, some safety concerns were expressed as well as comments in support of Dynamic Signs. Commissioner Arthur suggested reviewing commercial and industrial zones separately when these topics come back to the PC for review of digital displays. There was extensive discussion on the brightness of Dynamic Signs. Staff is recommending that the brightness of the sign is not regulated due to limitations and complications. VV/ I J/LV I V IJI 011VV11 I YIIIGJ - VJ - LT - V JI.VVV Page 2 of 3 Planning Commission Minutes September 24, 2009 Commissioner Malina asked staff to provide some information on the luminous levels of the speed radar trailer used around the city by the Police Department. Commissioner Parrish asked staff to make a good faith attempt to control the level of brightness of Dynamic Signs so that there is not a negative impact on the neighborhood. Commissioner Arthur stated that his reluctance to allow churches to have Dynamic Signs would be minimized if the verbiage `church' is replaced with the verbiage `religious institutions' PC consensus for Sign Code Committee recommendation: Dynamic signs be allowed in residential zones for institutional uses. Small mechanical signs and small neon signs will be permitted in commercial and industrial zones. The decision for allowing larger dynamic signs will be tabled until the Federal Government issues a safety report. Staff will return with some language for small mechanical and small neon signs. Commissioner Malina called a recess. Commissioner Malina reconvened the worksession. Permanent Signs There are two types of permanent signs; free standing signs (pole signs) and building mounted signs (wall signs) Staff recommends changing free standing signs to monument style signs - Staff went over the design criteria. Based on comments from Commissioner Peterson staff will include a provision in the code for a three sided sign, a sign that is not a polygon. Commissioner Ekberg proposed that permitted sign size for the right -of -way of parcel, between 0 - 399 ft. be the same size. The commission voted on this proposed change and it passed with a 4 to 3 vote. PC consensus for Sign Code Committee Recommendation: No longer permit pole signs. Applicants who want to use freestanding signs will have to use a monument style sign. Additional freestanding signs will be permitted under the proposed code language. Building Mounted Signs Staff will prepare specific development design standards based on directions from the PC. PC consensus for Sign Code Committee Recommendation: The types of building mounted signs will be expanded to provide flexibility to businesses. Each tenant space will be provided one sign for each wall that has a public entrance. An additional building mounted sign can be provided if certain elements are met. Brandon stated that staff is working with Westfield Shopping Mall to develop the master sign program. Westfield has requested additional time to provide the City a proposal for signs at the mall site, which staff is hoping to include in the Sign Code. 1 OyG 08/19/2010 Brandon Miles - 09- 24- 091.doc Page 3 Page3of3 Planning Commission Minutes September 24, 2009 Political and freeway interchange sign issues will be discussed at the next meeting, and Shelley Kerslake, City Attorney, will be attending. Director's Report: • Nora stated that Sea Tac PC is interested in meeting with Tukwila PC. Nora suggested having Sea Tac PC provide some information on what issues are of concern to them. • September 30 the focus group will meet with EcoNorthwest to discuss testing development regulations in the Urban Center Plan. The conclusions of the meeting will be included in the second draft of the plan. Meeting adjourned: 9:30 PM Submitted by Adopted: 10/8/09 Wynetta Bivens Secretary City of Tukwila Department of Community Development Jack Pace, Director CHAIR, GEORGE MALINA, VICE - CHAIR, BILL ARTHUR; COMMISSIONERS, CHUCK PARRISH, ALLAN EKBERG, MARGARET BRATCHER, LYNN PETERSON AND BROOKE ALFORD CALL TO ORDER ATTENDANCE ADOPTION OF MINUTES — 8 -27 -09 Dinner will be available at 5:30 Planning Commission Sign Code Worksession (2) Agenda September 24, 2009 - 6:00 — 9:00 PM Tukwila City Hall Council Chambers SIGN CODE UPDATE A. Visioning Exercise B. Dynamic Signs C. Freestanding Signs in Commercial/Industrial Zones D. Building Mounted Signs in Commercial /Industrial Zones E. Other Director's Report Adjourn OALA/104* Jim Haggerton, Mayor Initials 09/17/2009 W:\Admin \CITY SEALS & LETTERHEAD \Letterhead.doc /i ?nn .Cnvthr•ontor Rn,Jovnrrl .Cvito it 1 nn • Tij wiln Wnchinatnn 9R 1 RR • Plinno MK-431-3A 711 • Fnr • 7nii_G 31- ?/ii S • • City of Tukwila TO: Planning Commission FROM: Brandon J. Miles, Senior Planner DATE: September 13, 2009 RE: Sign Code Update 2 Meeting Jim Haggerton, Mayor Department of Community Development Jack Pace, Director At the next meeting on the sign code update we will begin to discuss sign regulations in commercial and industrial zones as well as discussing dynamic signs in all zones. As the Planning Commission is aware, the City of Tukwila is a unique urban environment. Every day approximately 100,000 people come to the City to work, shop, and play Tukwila is unique in that more people visit the City than actually live here. Signs are an important way to communicate with the traveling public who may not be as familiar with the City than those who live or work here. Signs, when displayed correctly, assist both motorists and pedestrians in locating businesses. Businesses and property owners in the City are also unique given the size of their commercial operations and businesses. The shopping centers in the Southcenter area are some of the largest operations in King County. As we move through this section of the update the Planning Commission will see how the Sign Code Advisory Committee considered the special character of the City when it adopted its recommendations. With regards to signs in commercial and industrial zones, signs do not exist in isolation from the urban environment. When correctly installed, signs contribute to the urban environment and exist in harmony with buildings and landscaping. When installed incorrectly, they clash with buildings and landscaping. When staff worked with the Sign Code Advisory Committee (Committee) we focused on visioning and encouraged the Committee not to get bogged down in details. At the next Planning Commission meeting, staff would like to do some of the visioning exercises that the Committee did as we present the recommendations of the Committee to the Planning Commission. Here are some things to think about regarding signs: 1. What purpose do signs play in commercial and industrial zones? 2. How do signs interact with the other elements of the urban environment (buildings, trees, the roadway, etc)? 3. What are some examples of conflicts between signs and the built environment? 4. What are some existing signs in Tukwila that are reflective of the types of signs we would want to see in the future? 5. Do signs contribute to or diminish safety? 6. Are there cities that set a good example for signage? What does that say about the City? 7. Are there cities that set a bad example for signage? What does that say about the City? The Committee's vision of the Tukwila they would like to see in the future informed their decisions about individual sign types, sizes and locations. The Committee expressed a desire to have signs that were reflective of top tier commercial /retail environment. They wanted signs that indicated that considerable thought was put in the design by the businesses owner. They often times inquired how eastside communities, such as Bellevue and Issaquah regulated signage and avoided comparisons with south King County cities. 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 -431 -3665 • • Discussion Item #1, Dynamic Signs' The City currently refers to dynamic signs as animated signs. As part of the update, staff and the Sign Code Advisory Committee are proposing to replace the term "animated" with "dynamic ". The term "dynamic" is more encompassing and would be better to address any future technological changes. Dynamic signs are signs that move or appear to move to individuals who are viewing the sign. There are a variety of technologies that are being utilized for dynamic signs. These technologies include LED displays, TV like images, tri- vision signs, and digital ink. Dynamic signs can also include flashing lights and signs which move due to mechanical manipulation. The City currently prohibits are dynamic signs with the exception of signs that display time, date, or temperature. However, the City currently has a moratorium on the installation of any sign which displays a moving image showing time, date or temperature. Also, a fixed electronic sign in which the image does not change more frequently than once every 24 -hours is not considered a dynamic sign. There has and will continue to be a push to install dynamic signs in the City. In recent years the technological advancements have lowered the cost for businesses and non - profits to incorporate dynamic displays into their signage. There are four main reasons that business and non - profits choose to install dynamic signs: 1. To facilitate the display of larger amounts of information within the limited space permitted by a jurisdiction. 2. To enhance the sign's ability to attract attention. 3. To be able to conveniently change message content (i.e. the price of gas or to advertise a special). 4. In some cases to enhance the profitability of the sign itself (i.e. leasing space on signs to advertise goods or services). When the Committee discussed if dynamic signs should be permitted within the City, they considered two main considerations, safety and aesthetics. Safety Included under tab "E" of your sign code update binder is a report entitled, "Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations" dated June 7, 2007, prepared by SRF Consulting for the City of Minnetonka, Minnesota. The Committee considered this report when considering the safety issues associated with dynamic signs. The report provided the following recommendations: 1. Drivers who are subjected to information -rich content that is irrelevant to the driving task (such as digital advertising) may be temporarily distracted enough to cause a degradation in their driving performance. The degradation could lead to a crash. 2. The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static signs. 3. Several studies have found a correlation between crashes and the complexity of the driving environment. For example, crash rates are higher at intersections because of the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on drivers' attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. This is illustrated by the 1994 Wisconsin DOT study that examined crash rates before and after installation of an electronic sign on a high volume curving roadway. Introduction of this sign was identified as a likely factor in the 80 percent increase in side- swipe crashes that was experienced. Supplemental information on dynamic signs can be found under tab "E" of your sign code binder. A memo from the City Attorneys Office is also provided under this tab. 2 There are several non - conforming dynamic signs within the City. These include the Silver Dollar Casino, Foster High School, and Tukwila Riverside Inn. All three were permitted under different code provisions which are no longer in effect. B. Miles Page 2 09/17/2009 C:\Temp\XPGrpWise \Draft Memo.doc 4. Many of the studies have noted a correlation between outdoor advertising signs and crash rates, but have not established a casual relationship between the signs and crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a direct causal relationship between outdoor advertising signs and crash rates to show that they can make the driving task less safe. While the research shows that driver distraction is a key factor in many motor vehicle crashes, this often includes many interacting factors that distract drivers. The specific driver distraction danger that advertising signs contribute is difficult to quantify. A study that could control for multiple variables (human factors, vehicle, enforcement, and the roadway environment) would be needed to provide a definitive statement on the level of driver distraction that signs produce. Such a study would likely find that not all advertising signs cause a distraction that would lead to crashes, but some signs in some situations are more likely to contribute to crashes than others. The Committee was also informed about a safety study that is currently being prepared by the Federal Highway Administration (FHA). It has been speculated that the report by the FHA will lie to rest the question of whether dynamic signs along streets are safe or not. This report is scheduled for release in the summer of 2010. In considering the safety impacts of dynamic signs within the City, the Committee examined the possibility that safety concerns would be minimized based on the location of the signs (by zone). The Committee concluded the following with regards to dynamic signs within residential zones: 1. Drivers in residential zones are typically familiar with the area, thus adding additional external distractions such as a dynamic sign may not pose the same safety concerns as adding such signs in commercial and industrial zones. 2. The number of external distractions within residential zones is already severely limited unlike commercial /industrial zones where multiple properties and businesses have signs which compete for the attention of motorist. 3. Residential zones have lower speed limits than commercial /industrial zones. Lower speed limits improve response and stopping time and thus the impact of dynamic signs would be minimized. 4. The size of the dynamic signs would be strictly limited since the size of freestanding and wall signs within residential zones are extremely small (30 square feet for freestanding signs and up to 50 square feet for a wall sign). One main consideration that the Planning Commission should keep in mind is that while dynamic signs may be safer in residential zones due to the character of the urban environment; the City may want to have caution on allowing any driving distractions near facilities where children may be present. Areas around schools are the places where drivers should be the most focused and outside stimuli could distract drivers. In 2006, the City permitted Foster High School to install a dynamic sign along S. 144 Street. The sign is visible from the intersection of S. 144" Street and 42 Ave S. Planning staff reviewed the accident data for the intersection of S. 144 and 42 Ave S to see if there was any change in the number of accidents after the dynamic sign was installed. There has not been an increase in accidents at the intersection since the sign was installed Aesthetic Considerations When reviewing dynamic sign regulations, the Committee considered the same questions that were discussed earlier regarding signage in general: 1. What purpose would dynamic signs play in commercial and industrial zones, if any? 2. How would dynamic signs interact with the urban environment (buildings, trees, the roadway, etc)? 3. What are some examples of conflicts between dynamic signs and the built environment? 4. What are some existing signs in Tukwiia that are reflective of the types of signs we would want to see in the future? 3 Staff is not making a conclusion that the sign is safe. There is insufficient data to make any conclusions; staff is simply providing an observation. B. Miles Page 3 09/17/2009 C:1Temp\XPGrpWise\Draft Memo.doc • • • • • 5. Do dynamic signs contribute or diminish safety? 6. Are there cities that set a good example for dynamic signage? What does that say about the City? 7. Are there cities that set a bad example for dynamic signage? What does that say about the City? It is important to remember that we will not be able to regulate content of dynamic signs, nor can we regulate which businesses within certain zones can have them. Committee Recommendations After considering the safety and aesthetic considerations, the Committee provided several recommendations. 1. All Committee members were in favor of continuing to allow dynamic signs within residential zones for institutional uses. The rate of change requirements that were adopted when the Foster High School sign was installed should be incorporated into the sign code for these signs 2. Some members of the Sign Committee recommended that the City continue its ban on dynamic signs within the City's commercial and industrial zones. Other members of the Committee wanted to possibility see dynamic signs in some areas of the City, most specifically the Urban Center and along Interurban Ave S. The Sign Committee did not support the idea of having dynamic signs located along TIB given the City's goal of redeveloping the area. 3. Where dynamic signs would be allowed restrictions could be placed on the type of dynamic sign and the amount of allowable sign area that is permitted to be dynamic. Those Committee members who supported this option noted that perhaps TV like images could be appropriate. These signs could be approved by the Board of Architectural Review (BAR). 4. One Committee member suggested that within the Urban Center (Southcenter Area) a "theater" district be created which would allow a wide range of dynamic sign options for entertainment uses. • Staff's Recommendations Staff concurs with the first recommendation of the Sign Code Advisory Committee. The number of institutional uses within the City's residential zones is minimal and the facilities that would actually be able to afford installing such signs are very few; thus the number of dynamic signs in residential zones would be small. With the appropriate design standards, the safety concerns can be minimized, but not totally eliminated. With regards to dynamic signs within non - residential zones staff suggests that provisions be adopted to allow small scale mechanical signs or moving neon signs within the Southcenter area. These signs, when done creatively, can add to the visual interest of an urban environment. Such signs should be scaled and directed at pedestrians and not be intended to be directed at motorists. However, other than small mechanical and neon signs, staff recommends that the City continue its current prohibition on dynamic signs. Staff concerns deal mainly with the possible safety concerns that such signs pose. Staff is unable to make a quantitative opinion if such signs would be safe within busy commercial zones. Staff suggests that the Planning Commission table the issue of dynamic signs within commercial and industrial zones until the Federal Government has completed its safety report in 2010. The report should provide clear guidance on the safety of dynamic signs. When the report is released, Staff will discuss the issue of dynamic signs in commercial and industrial zones with the City Council and Planning Commission. 4 In August of 2006 the adopted Ordinance #2126 which allowed for electronic reader boards for public facilities. The following criteria applied: 1. The image on the sign many not change more frequently than once every ten seconds; 2. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of Tight, or blinking or chasing lights, or appear to move toward or away form the viewer, to expand to contract, bounce, rotate, spin, twist, scroll, travel, or otherwise portray movement. 3. If the public facility is located within a residential zone, the use of the electronic portion of the sign is limited to the hours of 7AM to 10PM Ordinance 2126 sunset exactly one -year after adoption. B. Miles Page 4 09/17/2009 C:\Temp\XPGrpWise \Draft Memo.doc Staff is also concerned with the aesthetic impacts associated with certain dynamic signs, such as LED displays and electronic message centers. As the City starts to have residential components in the Southcenter area and TIB area, dynamic signs could impact residential uses (brightness and noise). Additionally, dynamic signs can be associated with commercial areas that are distressed and are not reflective of a premiere retail environment. It should also be noted that if the City allows dynamic signs within commercial zones, all businesses would likely have the right to install such signs. It would be difficult to limit the use of dynamic signs to certain businesses while preventing other businesses from having them. Note on regulating brightness Luminance is the measure of the light emanating from an object with respect to its size and is the term to quantify dynamic sign brightness The unit of measurement for luminance is "nits ", which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter). Many cities have enacted limitations on the maximum number of nits during both day and nighttime hours. A common range in the daytime is 5,000 to 7,000 nits, while a common nighttime limitation is 500 nits. The City used to provide a limitation on the number of nits allowed for changing message signs. Yet enforcement of any nit limitation is difficult. The report Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations, notes: "Enforcement of these types of regulations is challenging as luminance of electronic signs is very difficult to measure in the field. Typically, sign luminance is measured and calibrated in a controlled factory setting using a spectral photometer to measure the light output ". Staff strongly suggests that regulations regarding the brightness and illumination standards of dynamic signs not be included in the new code. Decision Matrix Tree In this discussion the Planning Commission should consider the following decision matrix: 1. Should dynamic signs be permitted within the City? 2. If the answer to question 1 is yes, should dynamic signs be considered in all areas of the City? 3. If the answer is yes to question 2, under what limitations (rate of image change, all or part of the sign face) if any? 4. If the answer is no to question 2, in what zones should dynamic signs be permitted and under what limitations? Discussion Item 2, Freestanding Signs Freestanding signs assist motorists and pedestrians in identifying businesses and buildings at a considerable distance from the actual property. Freestanding signs are essential in providing visibility when a building is set back from of the street. The City existing sign code defines a freestanding sign as a "sign installed on a permanent foundation, not attached to a building or other structure (TMC 19.08.070) ". There are two types of freestanding signs, pole and monument signs, that are found in the City. Pole signs, also known as pylon signs, are sign cabinets raised in the air and supported by one or more pole structures. Monument signs typically have solid bases and are shorter and smaller. The Committee considered how freestanding signs fit into their vision of the future appearance of Tukwila and made recommendations consistent with that vision. The Committee found that freestanding signs should 5 Source: Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations. e Supplemental information can be found in tab "E" of your sign binder. B. Miles Page 5 09/17/2009 C:1Temp1XPGrpWise\Draft Memo.doc • • • • • be permitted in the City under the new sign code. Additionally, the Committee found that the limitations placed on the number of freestanding signs within the City were too restrictive and provided recommendations to allow more freestanding signs. However the Committee also recommended that pole signs should no longer be permitted within the City. In crafting its regulations, the Committee focused on safety and aesthetic concerns. It would be helpful to consider the questions posed at the start of this memo and relate them to freestanding signs: 1. What purpose do freestanding signs play in commercial and industrial zones? 2. How do freestanding signs interact with the urban environment (buildings, trees, the roadway, etc)? 3. What are some examples of conflicts between freestanding signs and the built environment? 4. What are some existing freestanding signs in Tukwila that are reflective of the types of signs we would want to see in the future? 5. Do signs freestanding signs contribute or diminish safety? 6. Are there cities that set a good example for freestanding signage? What does that say about the City? 7. Are there cities that set a bad example for freestanding signage? What does that say about the City? Figure 1: With freestanding signs, its usually the number of signs that creates problems. The proposed recommendations of the Committee will make some signs in the City non - conforming. Non - conforming provisions will be discussed at a future meeting. The focus on this topic area should be on new freestanding signs. Number of Freestanding Signs Permitted Per Premise Under the current sign code each business is permitted to have one wall sign and a single listing on a freestanding sign. Generally premises (a development composed of one or more parcels owned or managed as a single unit) are allowed one freestanding sign to be shared by all businesses on site. An additional freestanding sign for the premise can be permitted if the following criteria are met: • The premise has at least 400 feet of frontage along a city street; • The premise contains at least two detached buildings; and • There are two unrelated businesses operating at the site. During the review process, the Committee examined several situations where very large properties are limited in the number of freestanding signs they are permitted. These examples included Parkway B. Miles Page 6 09/17/2009 C: \Temp\XPGrpWise \Draft Memo.doc Supercenter, Boeing in the Duwamish Corridor; and the Acura site. These sites, shown in attachments A, B, C, have a considerable amount of street frontage. Additionally, all three have multiple vehicular access points to the premise. The Committee noted that all three properties needed additional signage in order to help the public locate and access the sites. Sign Code Committee's Recommendation, Number of Freestanding Signs Permitted per Premise Given the examples given above, the Committee recommended that additional freestanding signs be permitted. Consensus was reached to allow each premise to have one freestanding sign for every 400 feet of linear frontage on a public or quasi - public street. However, in order to qualify for the additional freestanding signs the property must contain multiple vehicular access points'. For example, a property that contains 1600 linear frontage would be permitted four freestanding signs, however if the site only had three driveways then only three signs could be installed. At a later meeting, after this topic had been discussed, there was some discussion about allowing a freestanding sign for every street that a premise bordered regardless of whether there was a vehicular access point on that street. The Committee assumed that new signs would be monument style signs which will be discussed later in this memo. Additionally, the Committee reasoned that in exchange for allowing more signs, the City would require that the signs have a smaller area. Staff Recommendation, Number of Freestanding Signs Permitted per Premise Staff recommends that the Citizen Advisory Committee's consensus recommendation be adopted into the sign code regarding the total number of signs permitted. Style of Freestanding Signs The Committee also discussed the style of freestanding sign that they would like to see in the City. The Committee found that pole signs often conflict with landscaping leading property owners to remove trees or have them topped. The Committee found that monument signs and trees had fewer conflicts. Additionally, they thought that monument signs assist in improving the streetscape and contribute to the high class retail environment they envisioned for Tukwila. Access points are regulated by the City of Tukwila Public Works Department with specific safety standards regulating the location of the access points in relation to intersections and sight distance. B. Miles Page 7 09/17/2009 C:1Temp\XPGrpWise\Draft Memo.doc • • • Figure 2: Example of Pole Sign The Committee also found that the City should modify its setback requirements to better accommodate monument signs. Currently, freestanding signs must be set back one foot for every foot in height of the sign. The Committee found that such prescriptive requirements limit flexibility and often times encourage property owners to install tall signs. Sign Code Committee's Recommendation. Style of Freestanding Signs The Committee strongly supported allowing only monument style signs in the City. Attachment D shows the type freestanding signs envisioned and not envisioned by the Committee under the news sign code. The Committee recommended that freestanding signs be no taller than five feet tall. Other than height, the Committee did not provide specific development standards for freestanding signs and instead relied on staff to craft those regulations after the Committee provided direction. B. Miles Page 8 09/17/2009 C: \Temp\XPGrpWise \Draft Memo.doc Figure 3: Example of Monument Sign Staff Recommendation, Style of Freestanding Sign Staff supports moving to monument only for freestanding signs in the City. Staff has provided specific design recommendations for the Planning Commission to consider. Height Staff is concerned about the maximum height requirement of five feet. The following inventory was conducted by City staff to evaluate the design standards of existing monument signs in the City Some of the signs included in the inventory may not be permitted under the new code. Measures to deal with these signs will handled as part of the non - conforming section of the new sign code. B. Miles Page 9 09/17/2009 C: \Temp\XPGrpWise \Draft Memo.doc • • • Andover East Business Center 1083 Andover Park E. B. Miles Page 10 09/17/2009 C: \Temp\XPGrpWise \Draft Memo.doc Height: 5'6" Area: 68 sf. Height: 15' Area: 90 sf. S06 -060 16600 West Valley Highway Immigration Lawyers 14251 251.3!34 S07 -029 220 Strander Boulevard spline _.. n ei iii ti Height: 10' Area: 32 sf. Height: 8'9" Area: 70 sf. B. Miles Page 11 09/17/2009 C: \Temp\XPGrpWise \Draft Memo.doc • • • • S07 -050 350 Midland Drive • ANIO PROPERTY CORPORATION S07 -079 S08 -003 14081 58th Avenue S. 15036 Macadam Road S. B. Miles C:\Temp XPGrpWise \Draft Memo.doc Page 12 Height: 6' Area: 21 sf. Height: 4'6" Area: 23 sf. Height: 5' Area: 24 sf. 09/17/2009 S08 -044 S08 -065 2800 Southcenter Mali 17250 Southcenter Parkwa S ifLZr .tee i : +.. :fit S. ! rt LAT 07r . • B. Miles C: \Temp\XPGrp■ise \Draft Memo.doc Page 13 09/17/2009 Height: 10'2" Area: 40 sf. Height: 7'4" Area: 49 sf. • • • • S08 -106 3724 S. 154th Lane S09 -019 760 Andover Park West ANDOVER PLACE uEs% ,toroor G i'EDiGRf i;?[ NG1) S NS( K,:r. S09 -025 3610 S. 158th St. Airport Parking Entrance ;�. Hotir . s; B. Miles C:\Temp\XPGrpWise \Draft Memo.doc Page 14 09/17/2009 Height: 4'6" Area: 26 sf. Height: 6' Area: 56 sf. Height: 6' Area: 25 sf. Total ROW of Parcel Allowable Sign Area Allowable Sign Structure Size Maximum Height Number of Signs < 200 feet 24 sq. ft. 40 sq. ft. 5 feet 1 200 -399 feet 36 sq. ft 54 sq. ft 6 feet 1 400 -599 feet 50 sq. ft. 70 sq. ft. 7 feet 1 600 -799 feet 60 sq. ft. 80 sq. ft. 7 feet 1 800 -999 feet 66 sq. ft. 88 sq. ft. 8 feet 2, if there are two entrances. 1000 feet and over 72 sq. ft. 96 sq. ft. 8 feet One for every 400 feet of linear frontage, sign must be at an entrance. S09 -033 Permitted Sign Size: Setback 4708 Southcenter Boulevard Monument sign width cannot exceed 15 feet. B. Miles C: \Temp\XPGrpWise \Draft Memo.doc Page 15 Height: 5' Area: 20 s£ As can be seen in the above inventory, many of the monument signs shown exceed the five foot height limit recommended by the Committee. Some of these signs are well designed and in staffs opinion the City should encourage their placement as an alternative to pole signs. Staff recommends that the freestanding sign height range between five and eight feet. The specific maximum would be based on the amount of linear frontage. Height would be defined by measuring the sign from the lowest grade along the sign base to the highest portion of the sign structure. Area and width The City's existing sign code provides area restrictions on the sign based on the total linear frontage of the property where the sign is located. Essentially, the larger the property the more sign area permitted. The maximum permitted size for a freestanding sign is 100 square feet for one side and 200 square feet for all sides. As noted, the Committee recommended that more signs be permitted, but that the signs be smaller. The City's current sign code does not provide a specific limitation on the width of a freestanding sign. In order to prevent long narrow signs, staff proposes that a maximum width of 15' be adopted. 9 Sign area is that portion of the sign devoted to the actual message, logo, or business name. 10 Structure size is the entire area of the support structure for the sign. For example, if the sign had a base, that area would be calculated in the structure size, but would not necessarily be included as sign area. 09/17/2009 • • • • As noted, the City's current sign regulations require that a sign be set back from all property lines a distance equal to its height. A five foot tall sign is required to be setback five feet from all property lines; a six foot sign is required to be setback six feet and so on. Staff concurs with the conclusions of the Committee that the current setback requirements are problematic. Staff recommends that all signs be placed at least five feet from all property lines, regardless of height. This figure was determined by examining the side and rear setback requirements of the City's existing zoning categories. In most zones, the side and rear setback is between five and ten feet. The front setback in all zones is greater than five feet; however in order for the sign to be visible it must be near the street. A five foot setback would allow the sign to be visible, while maintaining a small open space between the property and the City's right of way. Provisions would also be made to ensure that the sign does not hinder line of sight for motorists and pedestrians. Freestanding Signs Freestanding Signs, Decision Matrix Staff is requesting that the following questions be answered regarding the placement of freestanding signs: 1. Should freestanding signs continue to be permitted within the City? 2. Under what circumstances should additional freestanding signs be permitted? 3. Should the City move to monument only for freestanding signs? 4. What design standards (height, area, width, setbacks, etc) should be required for new freestanding signs in the City? Discussion Item 3, Building Mounted Sig The Committee found that building mounted signs play an important role for Tukwila businesses and has recommended that the City continue to permit building mounted signs. The Committee also explored how building mounted signs can add visual interest within the City's commercial areas. The City's existing sign code does not have a category referring to building mounted signs; instead signs attached to buildings are called "wall" signs. Staff is proposing to refer to all signs attached to buildings as building mounted signs. The term is more encompassing and can provide more flexibility in the type of signs permitted. Remembering the visioning exercise at the start of this memo and relating it to building mounted signs: 1. What purpose do building mounted signs play in commercial and industrial zones? 2. How do building mounted signs interact with the urban environment (buildings, trees, the roadway, etc)? 3. What are some examples of conflicts between building mounted signs and the built environment? 4. What are some existing building mounted signs in Tukwila that are reflective of the types of signs we would want to see in the future? 5. Do building mounted signs contribute or diminish safety? 6. Are there cities that set a good example for building mounted signage? What does that say about the City? 7. Are there cities that set a bad example for building mounted signage? What does that say about the City? Attachment E shows the examples of building mounted signs that the Committee recommended allowing under the new sign code. The types of signs permitted will provide flexibility to businesses while also improving the streetscape. " Additional information is found under tab "E" of your sign code binder. B. Miles Page 16 09/17/2009 C: \Temp\XPGrpWise\Draft Memo.doc Figure 4: Example of a wall sign. A wall sign is flush mounted to a building. As noted, the City's existing sign code refers to signs attached to a building as a "wall" sign. Under the City's existing sign code most businesses are permitted one wall sign. An additional wall sign can be obtained if the business is not listed on a freestanding sign. Only one wall sign is permitted per exposed building face. Figure 5: Example of a "roof" mounted sign. The size of an individual wall sign is based on total wall area of the business that is installing the sign. The following table is used to determine the maximum size. B. Miles Page 17 09/17/2009 C:1Temp\XPGrpWise\Draft Memo.doc • Area (LXH) -Sq. Ft. Exposed Building Face Total Permitted Area of the Sign- Square Feet 0 -500 .05 x exposed building face (EBF) in sq. ft. 501 -1500 25 +.04 x (EBF -500) 1501 -3000 65 +.03 x (EBF -1500) 3001 -5000 110 +.02 x (EBF -3000) Over 5000 150 square feet (maximum) • • The Committee explored how building mounted signage could be used to foster other City objectives such as the Tukwila International Blvd Design Guidelines and the future Southcenter Plan. The design objectives for both areas call for buildings to be located near the streets. Sion Code Committee Recommendations The Committee as a whole had the following recommendations regarding building mounted signs: 1. The number of building mounted signs would be independent of the number of freestanding signs allowed on the premise. 2. The types of building mounted signs would be expanded to include a wide variety of sign types that foster a lively urban environment. Attachment F shows the type of signs contemplated by the Committee. 3. Each business would be permitted one sign for each wall that contains a public entrance. The Southcenter Plan calls for entrances to be located along public and private streets. However, the business may also have an entrance from a parking area in the rear of the building. In such examples, the business could have two building mounted signs. 4. Certain small scale signage, such as blade signs, would be permitted outright if the project complies with certain development requirements, such as constructing awnings on a building. The Committee was split on when additional building mounted signs should be permitted for individual businesses. As noted, the Committee recommended that a building mounted sign be permitted for each public entrance for the business. However, some committee members thought that additional building mounted signs should be permitted if the business fronts on multiple public streets even if an entrance is not provided. Other Committee members thought that an additional building mounted sign should be allowed in exchange for the building complying with certain design standards. Essentially, building mounted signs could not be located on blank walls or on walls that did have public entrances. Figure 6: Example of projecting sign. • Staffs Recommendation B. Miles C: \Temp\XPGrpWise \Draft Memo.doc Page 18 09/17/2009 Staff concurs with the four consensus recommendations provided by the Committee. Staff suggests that additional building mounted signs be permitted when a project provides transparency, overhead weather protection, plaza areas, and /or pedestrian connections. It is important to note, that the recommendations of the Committee and staff will permit more signs than are currently allowed under the City's sign code. Building Mounted Signs, Decision Matrix 1. Should building mounted signs be permitted within the City? 2. What types of building mounted signs should be permitted? Review attachment F. 3. How many building mounted signs should be permitted per business? 4. What criteria should be used in determining the number of signs permitted per business? Please note, that staff will prepare specific development standards for building mounted signs after the Planning Commission has provided direction on what styles they wish to see in the City. Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Aerial Photo of Parkway Supercenter Site Aerial Photo of Boeing Property in Duwamish Aerial Photo of Acura Property Examples of Monument Signs Examples of Building Mounted Signs Generic Examples of Building Mounted Sign Types B. Miles Page 19 09/17/2009 C: \Temp\XPGrpWise \Draft Memo.doc • • • .g•f-1 - 47- Approximate Length at Curb is 1519 feet 4 1,Ff , r , _ • < Frontage measured at curb Attachment R Frontage measured at curb • 09/17/2009 0 Freestanding Signs (Envisioned under new code) Left: Large Monument Style Sign with multiple tenants Left: Monument Sign Left: Monument Sign Left: Monument Sign with changeable copy • • 09/17/2009 II Freestanding Signs (Envisioned under new code) Left: Small Monument Style Sign Left: Freestandi ng Sign utilizing multiple support structures Left: Small Monument Style Sign at Office Building Left: Monument Sign sign • • • Freestanding Signs (Not Envisioned under new code) 09/17/2009 Left: Pole Sign Left: Pole Sign Left: Large monument sign Left: Pole Sign • • • • 09/17/2009 Building Mounted Signs Left: Sign above window display. Left: Rooftop Style Sign Left: Wall sign using individual channel letters Left: Awning Graphic Sign • • • 09/17/2009 Building Mounted signs Left: Sign for apartment building at mixed use building. Left: Blade Sign Left: Projecting Sign Left: Wall signs installed behind a building ' • :Magi:B&W 'MW?tOMISW04.1a..A6AMOIR,Sttriattir.S4.111V.X=MV:70...:=1=47/42,62M=MMinlgtliteNtr.11,30,1fraWait...4.4",/4:MOMMPOFFSTEfintia.671.= 9 • I0 18 121111111121111 19 11 rii '1 CC: r" t • ' 11413=Zr: • _ • • • F61 t 23 Fi , 0 16 8 ..;;; • : . • t 7.;174 It • ir - 1 WHL • 08/19/2010) Brandon Miles - 09- 10- 09- Final.doc • • The meeting was called to order by Chair Malina at 6:00 PM Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan Ekberg, Lynn Peterson, and Brooke Alford Absent: Commissioner Margaret Bratcher Representing City Staff: PLANNING COMMISSION SIGN CODE WORKSESSION PUBLIC HEARING MINUTES SEPTEMEBER 10, 2009 Nora Gierloff, Brandon Miles and Wynetta Bivens Brandon Miles, Planner, Department of Community Development, provided some background on the current Sign Code. It was adopted in 1982. The Sign Code was written before the annexation of International Blvd, the MIC annexation, Riverton as well as lots of other places on Interurban Ave. This necessitated the Sign Code Update. As well as determining what Tukwila will look like in regards to the urban form in the next 10 or 20 years while Tukwila is transitioning from a suburban type of development to more densely populated in some areas. It is the City's desire to have: a clutter free, very neat, and orderly looking City; the allowance of businesses, property owners and residences the freedom to express themselves; and economic benefits. Signs are a form of speech and expression. Signs are also a form of property. There is protection for such situations under the first amendment of the US Constitution as well as a freedom of speech provision under the WA State Constitution. Usually Sign Code regulations can be defensible as long as only the place, time and manner are regulated. The Sign Code update will provide an opportunity to foster specific outreach of community and neighborhood events, provided that the legal limitations are not compromised. Following are activities that have occurred to date on the Sign Code Update: A Citizen Advisory Committee was formed and utilized to assist in the update process. The Committee consisted of two City Council Members, a Planning Commission Member, two business representatives and three residents. Staff has also discussed specific sign needs with the school district, Highway 99 and the Chamber of Commerce. Invitations were sent out to some of the largest property owners and they were invited to talk with staff about their specific sign needs. Staff has been working with Clear Channel Communication, a company that owns all of the billboards in Tukwila, to look at possible ways to remove billboards. Staff has also been working to engage individuals that will be impacted by the new Sign Code. Rather than vote on issues, the Committee discussed various issues brought forward by staff. Topics were Freeway Interchange Signs, Permanent Signs in residential zones, Dynamic Signs, Billboards and signs at commercial establishments. At the conclusion of the Sign Code Committee meetings, the committee produced a final document called the Sign Code Advisory Policy Recommendations. Staff provided the PC with a copy of the policy documentation and also memos that went to the Sign Code Committee, which are a part of the record that was created for the Sign Code Update. The overall recommendations of the committee are: sign friendly and pro- business. The recommendation allows for more signs than are currently allowed in the Sign Code. The Signs will be higher quality and have better location requirements than the current Sign Code. There will be more flexibility than the current Sign Code. Some signs will be outright permitted without having to get permits as a way to encourage certain types of development patterns. VV/ 1 J/LV 1 V UI aI RtVI 1 IVIIIVO - VC, 1 V - VJ - 1 11 Ia1. Page 2 of 3 Planning Commission Minutes September 10, 2009 The Sign Code Advisory Committee did not talk about the Administrative issues. Administrative issues are technical and these functions will be addressed by the Planning Commission and City Council. Staff is asking that the Planning Commission go over each topic and review the Sign Code Committee's recommendations and provide their input. In instances where there was not a clear recommendation from the committee the Planning Commission will provide specific recommendations that staff will incorporate into the draft Sign Code. After review of each policy topic staff would like directions from the PC on how they would like the Sign Code to work with the topic. Staff will provide the PC a Draft Sign Code of the first review at the fourth meeting. At the fifth meeting there will be a second review as well as a public hearing. Commissioner Parrish stated that he does not feel two versions of the Draft Sign Code Update are needed. He suggested that the PC give their recommendation after the first review and staff drafts one Draft Sign Code Update. The intent is to create a Sign Code Update for issues that are anticipated to occur as well as issues that have occurred in the past. The Sign Code Update will be a tool the City will utilize for the next 10 to 20 years. The Sign Code Update will create some non - conforming situations. The committee provided some recommendations on how to deal with non - conforming situations that will occur from the update, which included some incentives. One of the potential incentives is a sign grant program for small businesses that will allow them to apply for a grant from the City to remove an old signs. Topic discussions begin. Discussion Item # 1: Purpose Section The purpose section of the Sign Code declares legislative intent, and guidance for unforeseen circumstances. The Sign Code Advisory Committee drafted a proposed purpose section. PC /Staff recommended the following revisions to the Purpose Section: • Item D revise to read, `Business identification that is not unduly hindered by regulatory standards.' - PC consensus • Item F revise to read, `Signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality and that serve a multi -motor environment.' - PC consensus Discussion Item # 2: Freeway Interchange Signs The Sign Code Advisory Committee recommended prohibiting new signs and encourages removal of old signs. PC voted on the committee's recommendation and had a three to three split vote. The following research was requested on: • WSDOT's regulation on the limitation for the number of businesses allowed on WSDOT signs and what types of businesses are allowed on a sign and the criteria? • Turning requirements - for directional signage what are the number of turns allowed after exiting the freeway? • If additional signage is needed outside of WSDOT's right -of -way, can they be allowed in Tukwila's right -of -way? • Can there be directional signs within the City's right -of -way? 1 ayc L. (08/19/2010) Brandon Miles - 09- 10- 09- Final .doc • • - Page 3 of 3 Planning Commission Minutes September 10, 2009 • Determine if other cities along 1 -5 are discontinuing the use of these types of signs, and if so, why, and whether they felt it was the right decision. What is the actual sign code and policies for these communities? Do other City's codes allow these signs? Discussion Item # 3: Permanent Signage in Residential Zones The current code allows permitted uses for multi - family and institutional uses. The committee recommended six detailed recommendations as listed in the 8/25/09 Sign Code Update memo: Recommendation # 1: Staff will provide PC with some revised verbiage regarding the number of signs permitted. - PC consensus Recommendation # 2: Replace the verbiage `two sided' with `multi sides'. - Approved (one against) Recommendation # Recommendation # Recommendation # Recommendation # A recess was called at 8:20. The meeting reconvened at 8:25. Discussion Item # 4: Incidental Signage in Residential Zones The Sign Code Advisory Committee recommended these types of signs continue to be permitted. Staff drafted proposed language for 6 recommendations, as listed in the 8/25/09 Sign Code Update memo. Recommendation # 1: Staff's recommendation - Approved Recommendation # 2: Staff's recommendation - Approved Recommendation # 3: Staff's recommendation - Approved Recommendation # 4: Recommendation # 5: Director's Report: Meeting adjourned: 3: Strike the last sentence. - Approved 4: Indirect lighting - Approved (one against) Lighting can be either ground mounted or mounted on the sign - Approved (one against) 5: Committee's recommendation - Approved 6: Committee's recommendation - Approved Revised to read, ` 60 days before the primary election. If there is no primary election signs can be put up 60 days before the general election. No restrictions between the primary and general election and 10 days after the general election ' - (staff will draft final language) PC consensus Commissioner Malina requested revised language stating; `political signs should be allowed in the public right -of -way during a campaign season.' Staff will draft some suggested options of revised policy language for the PC to consider. Staff will also invite the City Attorney and Public Works to discuss their stance on political signs in the public right -of -way. Commissioner Parrish requested that the City Attorney and Public Works provide some supporting examples of issues for the PC to consider if they think political signs should be prohibited in the public right -of -way. He also suggested that this policy is decided by City Council and Public Works is obligated to implement the policy decision. Nora Gierloff made inquiry on who would be the delegate for the Southcenter Economic focus group. Commissioner Malina volunteered. 9:40 PM .1Ur 1.7IGV I V 1-JI01 IUVI 1 IVIIIVO %JO 1 U - VV - I 11 I0l.UVIi Page 4 of 3 Planning Commission Minutes September 10, 2009 Submitted by Adopted: Wynetta Bivens Secretary 9 -24/09 1 CIVG -r 08/19/2010) Brandon Miles - 9- 10 -09, Meeting 1- Brandon.doc Page 1 q A' • CHAIR, GEORGE MAUNA, VICE - CHAIR, BILL ARTHUR; COMMISSIONERS, CHUCK PARRISH, ALLAN EKBERG, MARGARET BRATCHER, LYNN PETERSON AND BROOKE ALFORD I. CALL TO ORDER II. ATTENDANCE III. SIGN CODE UPDATE A. Proposed Update Process B. Overview of Process to Date C. Legal Issue Refresher D. Begin Review of Topic Areas 1. Purpose Section 2. Freeway Interchange Signs 3. Permanent Signage in Residential Zones 4. Incidental (Political, Real Estate, Garage Sale, etc) signs in Residential zones. E. Preview of Next Meeting IV. DIRECTOR'S REPORT Planning Commission Sign Code Worksession Agenda September 10, 2009 - 6:00 PM Tukwila City Hall Council Chambers W: \Long Range Projects \Sign Code Update\Meeting Agendas\Meeting 1, 09- 10- 09.doc VW 1 .7ILV IU OI CI! IUVI1 IVIIIQJ - 7 I U IVIGGIII Iy 1 UI Q I IUVI I.UVI+ Page 2 Planning Commission /BAR Agenda May 22, 2008 2 of 2 • • SeRtember 3, 2009 City of Tukwila Department of Community Development Jack Pace, Director Dear anning Commissioners: Next Thursday the Planning Commission will begin to work on the rewrite of the sign code. Staff has anticipated that review of the various issues associated with the sign code update and review of a draft code will require a series of work sessions and last through the end of the year. Staff will provide information packets prior to each work session with background information, discussion, and options. Please insert these into the binder that staff will hand out at the first meeting and bring the binder to subsequent meetings. The binder will also include other background documents that will be helpful to the review process. I would also like to invite individual Planning Commission members to contact staff with any questions they may have regarding the various issues associated with the sign code update. Brandon Miles is the project manager for the update and he is available to meet in person, by phone, or via email. He can be contacted at (206) 431 -3684 or bmiles @ci.tukwila.wa.us. Sincerely, Nora Gierloff Deputy Director Jim Haggerton, Mayor • TO: Planning Commission • FROM: Brandon J. Miles, Senior Planner DATE: August 25, 2009 RE: Sign Code Update Background In 2007, the City Council identified a need to update the City's sign code. The current sign code was adopted in 1982 and only piecemeal changes have been made since adoption. The Mayor and City Council realized that a complete rewrite of the code was needed in order to reflect changes to the City since 1982. Tukwila is a different place than it was in 1982. Many parts of the City, including the Tukwila International Blvd area and the Duwamish Industrial Corridor had yet to be annexed into the City. Additionally, the Urban Center has transformed from an area of mixed retail and warehouse uses like it was in 1982, to the area largely dominated by retail activities that it is today. To assist in the update process, the Mayor's Office recommended and the City Council approved the creation of a "Sign Code Advisory Committee (hereafter "Committee "). The Committee was comprised of Council Members, a Planning Commission member, business owners, and residents. The Committee met a total of six times and they produced a document entitled, "Sign Code Advisory Committee Policy Recommendations." Planning Commission Work Sessions The next step in the rewrite of the Sign Code is review of the recommendations of the Sign Code Advisory Committee by the Planning Commission at a series of four work sessions followed by a public hearing. Staff has developed tentative agendas for the meetings. We would appreciate the PC's direction on whether there are other issues to address at work sessions. Meeting 1: September 10, 2009 1. Overview of Process to Date 2. Legal Issues 3. Purpose Section 4. Freeway Interchange Signs 5. Permanent Signage in Residential Zones 6. Incidental (Political, Real Estate, Garage Sale, etc) signs in residential zones. Meeting 2 1. Permanent Signage in commercial and industrial zones 2. Temporary Signs in commercial and industrial zones 3. Dynamic Signs • 1 In 1982 the City actually just readopted the existing code with some minor changes. The base of the city's sign code was actually written in the mid 1970s. B. Miles Page 1 09/03/2009 W:\Long Range Projects \Sign Code Update \PC_Memo_Meeting1.doc Meeting 3 1. Billboards 2. Master Sign Program 3. Non - Conforming Regulations Meeting 4 1. Administrative Sections 2. Present Draft Sign Code 3. Public Hearing Meeting 5 1. Present Final Code Incorporating Language from Meeting #4 Proposed PC Review Process Prior to beginning the discussion on the substantive issues on September 10, staff would appreciate PC decisions on the procedures that will be followed during the work sessions. Decisions on meeting procedures would include the following: • Public Comment: Public comment will (or will not) be taken at the work sessions. If so, under what parameters. • Reaching closure on specific issues: Staff would propose that as issue discussions are concluded, the PC provide direction to staff. • How draft language will be presented to the PC. Overview of Process to Date 1. Sign Code Advisory Committee Signs impact almost all residents, businesses, and property owners. From the very beginning of the update process, the Mayor's Office, City Council and City staff realized that the update process needed a large public involvement component. To assist in the update process, the Mayor's Office recommended and the City Council approved the creation of a "Sign Code Advisory Committee (hereafter "Committee "). The Committee was comprised of Council Members, a Planning Commission member, business owners, and residents. DCD advertised the openings of the Sign Committee in the Hazelnut newsletters and the Highline Times. Additionally, staff contacted several residents and business managers /owners to encourage them to submit their names to serve on the Committee. Staff also briefed the Hwy 99 Action Committee on the update process and encouraged anyone interested in serving on the Sign Committee to submit an application. DCD received about a half dozen applications from people who wished to serve on the Committee as either a resident or business representative. The final Sign Committee make -up included the following individuals: Pam Linder, Councilmember (served as Chair) Verna Griffin, Councilmember (served as Vice - Chair) Allan Ekberg, Planning Commission Member Andy Ciarrocchi, Westfield Southcenter Mike Hansen, Sabey Corporation Ricardo Frazer, Resident B. Miles Page 2 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meeting1.doc • Betty Gully, Resident Thomas McLeod, Resident • The Committee met a total of six times to provide input on various issues related to regulating signage within the City. Various topics were discussed at each meeting; these topics included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings were open to the public and staff invited interested parties to come to the meeting to address any concerns, recommendations, and to provide suggestions. In January of 2009, city staff presented a document entitled, "Sign Code Advisory Committee Policy Recommendations" to a joint meeting of the City Council and Planning Commission. The document provided recommendations on major topic areas related to signage within the City. Unlike City Council and Planning Commission meetings, the Sign Code Committee did not vote. Consensus was strived for, but in some topic areas the Committee provided several and in some cases divergent recommendations. 2. Public Participation In addition to the Committee's work, staff also attempted to open a dialogue with interested parties who would be impacted by the sign code. The following actions were completed by staff: 1. Briefing to the Hwy 99 Action Committee (now known as the Tukwila International Blvd Action Committee) prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times. 3. Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with the Westfield Southcenter on two occasions (February 12, 2009 and March 30, 2009). 6. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 7. A letter was sent to parties of record requesting specific input on the recommendations of the Committee (See Attachment A). 8. City staff is in discussions with Clear Channel Outdoors on the future of billboards within the City. 9. Throughout the entire update process the City has utilized a webpage to keep interested parities informed of the update process. The webpage included an HTML link that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. B. Miles Page 3 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc Discussion Item #1, Purpose Section One of the first items that the Sign Committee worked on was drafting a new "purpose" section for the new sign code. The "purpose" section of the sign code indicates the City's intent when it adopts specific legislation and can assist in clarifying ambiguities or unforeseen circumstances. The City's existing purpose section notes the following goals: 1. 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 orderly and safety may be increased by minimizing clutter and distraction. 2. To establish administrative procedures for the implementation of this code. 3. 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. For comparison Planning staff provided the "purpose" sections of several other City's sign codes for the Committee to consider. Additionally, the "purpose" section from the International Zoning Code was also provided: City of SeaTac: The purpose and scope of this code is to protect the health, safety, property and welfare of the citizens of the City of Sea Tac (hereafter "City'), by establishing standards for the design, placement, size, and maintenance of all signs and sign structures in the City. Furthermore, it is the purpose of the regulations, standards and criteria of this code to permit and encourage the design of signs which are responsive to the needs of the public in location a business establishment by identification, address and product and/or services information. City of Auburn: The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. City of Seattle: A. To encourage the design of signs that attract and invite rather than demand the public's attention, and to curb the proliferation of signs; B. To encourage the use of signs that enhance the visual environment of the city; C. To promote the enhancement of business and residential properties and neighborhoods by fostering the erection of signs complementary to the buildings and uses to which they relate and which are harmonious with their surroundings; D. To protect the public interest and safety; B. Miles Page 4 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc x -1 -)-.2-):5 E. To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction; and F. To provide opportunities for communication information of community interest. International Zoning Code: The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. Sign Committee's Recommendation After discussions, the Sign Committee drafted the following "purpose" section for the new sign code: The overall purpose of this Code is to enhance the City's aesthetic character, to protect the public health, safety and general welfare and to increase the effectiveness of the visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage and advertising. To this end, the following more specifically articulate this purpose: a) Signs that attract and invite rather than demand the public's attention along the City's streetscapes. b) City streets that appear orderly and safe because clutter is minimized. c) Signs that enhance the visual environment of the City because they are in harmony with building architecture and landscape design. - wVil1 614 d) Business identification that is not'hin ed a by regulatory standards. e) Typical communication and civic discussion is fostered in the City's residential neighborhoods. f) Signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a vironment. Staff's Analysis Mh %'" The Sign Committee's proposed "purpose" section addresses the many complexities associated with sign regulations. The section provides a good template to be used as the Planning Commission moves through the sign code update process. Additionally, the "purpose" section provides overall guidance in the advent of any legal challenges or situations of confusion in administrating the new sign code. Staff recommends that the Planning Commission accept the "purpose" section drafted by the Committee. Discussion Item #2, Freeway Interchange Signs There are about a half dozen "freeway interchange" signs within the City. The existing sign code only permits "freeway interchange businesses" to utilize "freeway interchange" signs. A "freeway interchange business" is defined as: "...a business located within 1,000 feet from the freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/exit intersection. The freeway interchange sign is primarily oriented to the passing motorist on the adjacent freeway, and shall identify businesses B. Miles Page 5 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc such as regional shopping malls, eating, lodging or service station facilities public..." (TMC 19.08.080). Existing freeway interchange signs are clustered primarily along Interurban Urban Center. Exam•les of Freewa Interchan.e Sins aloe Interurban Sign Code Committee's Review that serve the traveling Ave and the Tukwila The Committee concluded that the new sign code should prohibit new freeway interchange signs and that the City should undertake efforts to encourage the removal of existing freeway interchange signs The Committee noted the following: 1. Tall pole signs, such as freeway interchange signs, are a legacy of the past. One Committee member noted that these are the types of signs you see along country highways and not within urban environments. The tall signs add visual clutter to the City. 2. Freeway interchange signs are not needed to assist the traveling public in identifying services at upcoming exits since the Washington State Department of Transportation maintains, "Motorist Information Signs" along all freeways. These are the blue or brown signs that identify gas stations, restaurants, lodging, and recreational opportunities. 3. The current restrictions on who is permitted to have freeway interchange signs is problematic given that the restriction is based on content. As we have discussed at the joint meeting of the City Council and Planning Commission, the City is striving to adopt a "content" neutral sign code. As noted, the Committee concluded that the City should examine ways to encourage the removal of existing freeway interchange signs. The issue of what to do with existing freeway interchange signs will be addressed as part of the non - conforming section. 2 The Committee was interested in exploring ways to possibly allow the existing mall sign to remain. Non - conforming provisions will be discussed at a future meeting. B. Miles Page 6 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc • • • Wall Mounted Apartment Sign The sign to the right is a building mounted wall sign located within the City. r �` z Freestanding Apartment Sign Freestanding signs are commonly used to denote the name of an apartment complex. ° '= 4 ■ • Staff's Analysis Prohibiting freeway interchange signs would be a departure from the existing sign code. However, as the Committee noted such signs are not common place within urban environments and are really a legacy of the past. • • Staff requests that the Planning Commission affirm the Sign Code Advisory Committee's recommendation. Discussion Item #3, Permanent Signage in Residential Zones It seems like an oxy -moron to think that signs exist or are needed within residential zones. Most discussions related to sign regulations are limited to commercial and industrial zones. However, signs are very prominent and play an important role within residential zones. The City has three residential zoning categories, Low Density Residential (LDR), Medium Density Residential (MDR), and High Density Residential (HDR). The dominant use within the LDR zone is single family homes, however single family homes can also be found in the MDR and HDR zones. Multi - Family complexes are a permitted use within the MDR and HDR zone. Multi - Family structures include duplex and triplexes as well as larger apartment buildings. There are uses within residential zones that have signage needs that resemble the signage needs of commercial businesses. The City's schools, religious institutions, and parks use freestanding and wall signs. The freestanding sign at Foster High School utilizes an electronic message board to convey messages to the student body and public. There are also businesses such as home occupations, day -cares and bed and breakfasts which are allowed within residential zones. The City also contains numerous apartment complexes that utilize signage to advertise the name of the building and to advertise available units. Below is a brief overview of the types of signs typically found within the City's residential zones. B. Miles Page 7 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc 09/03/2009 Freestanding City Signs Freestanding School Sign The signs are typically used to denote the names of parks, fire houses and other city facilities There are two school signs shown: A freestanding sign utilizing a pole and a freestanding sign on the adjacent wall. Existing Regulations The City's current sign code creates two types of users within residential zones, multi - family dwelling units and institutional uses such as schools, churches, and parks. • Multi- family dwelling units (apartments) are permitted only one sign up to 32 square feet in size. The sign could either be a wall sign or a freestanding sign. Freestanding signs have a maximum height of five feet. • Institutional uses are permitted to have one wall sign and one freestanding sign. An additional sign, either a wall sign or freestanding sign, is permitted for each additional street frontage. For example if a school has one street frontage it would be permitted a total of two signs, one freestanding and one wall sign. However, if the school is bordered by two public streets it would be permitted a third sign. No sign (either freestanding or wall sign) can be greater than 50 square feet in size at institutional uses. A freestanding sign at an institutional use cannot exceed 16 feet in height. Sign Code Committee's Review The Sign Committee discussed the concept of treating all non - single family uses the same regarding what types of allowable signage would be permitted. Schools, churches, and apartment buildings would be permitted the same number of permanent signage. The total number of signs would be limited and specific design standards would be created in order to reflect the fact that these uses are located within residential zones. The ommittee provided the following recommendations: 1. I stitutional uses and apartment complexes (more than five units) would be permitted to ave one wall sign and one freestanding sign. One aeditietial.sign is permitted for each public street that provides access to the use. 2. The area of the free si n is lirrlited to 30 square feet for a one face sign and 60 square feet for a sage: —AAIA =ION '3.CJAost of the Committee supported the idea of limiting freestanding signs to five feet tall. The signs would have to utilize mul ' • le poles or the base would have to occupy at least 75 percent of the sign panel length. - • - - • - .. uld be p e treet. B. Miles Page 8 - 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc • • • 4. Freestanding signs could be illuminated with indirect lighting. However, the Committee was split on what type of indirect lighting. Some Committee members only wanted ground mounted lighting while others were supportive of lights being installed on the sign itself. . Lighting for wall signs will be limited to indirect, concealed, and backlit devices. The lighting shall have no spillover effect on adjacent properties. t Walls signs can be up to 50 square feet in size; however the maximum size permitted for each wall will vary based on the amount of wall area. This is how wall signs are regulated in commercial /industrial zones. Exam le of Indirect Li•htin• fora freestand�n• s� •n Staff's Analysis Non - residential uses in residential zones have a need for signage. The City's current sign regulations permit a sign style that is typical of signs permitted in commercial and industrial zones of the City. The proposed recommendations of the Sign Code Committee will allow signage for non - residential uses while preserving the character of residential neighborhoods. Staff requests that the Planning Commission accept the recommendations of the Sign Committee where there was clear consensus. The Sign Committee was unable to provide clear consensus on the following items: 1. Height of freestanding signs in residential zones; and 2. Method of lighting for freestanding signs. Staff requests that the Planning Commission provide clear direction on addressing these two items. Discussion Item #4, Incidental Signage in Residential Zones Incidental signage includes, home occupations, political signs, real estate signs, and garage sale signs. They are typically small, made with non - permanent materials, and are found at single family homes. The City's existing sign regulations permit real estate, political, and home occupation signs to be displayed at all single family residences in the City. Small incidental signage seems like it could B. Miles Page 9 09/03/2009 W:\Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc 4 easily be allowed in any sign code. However, the ability to regulate incidental signage is a great example of the difficulties associated with creating a content neutral sign code. The following is a brief overview of the City's existing regulations regarding incidental signage: • Real estate signs which offer the immediate premises for sale, lease or rent when the sign is less than six square feet in size. This section also permits "A" board to be displayed when the agent or seller is on -site (TMC 19.12.050 (4)). • Political signs, posters, or bills provided they are less than 32 square feet in area for a single sided sign or 64 square feet total for a double sided sign. The signs may be displayed ten days past either a primary or general election. Signs that are more political in nature and not tied to a particular election may be displayed for an indefinite period of time. Political signs must be placed on private property (TMC 19.12.050 (13)). • Home occupations are permitted one flush mounted 1.5 square foot plaque. The City is striving to create a content neutral sign code and as such, these regulations need to be revised. Setting aside the legal issue that the existing regulations may pose; the current sign regulations have unintended consequences in that certain common signage is not mentioned as being allowed within residential zones. For example, the City's current regulations do not mention garage sale signs. Additionally, if a little league baseball player who participates in Tukwila Little League wanted to display a sign denoting upcoming league registration such signage would not be allowed. The fact that these two types of signs are not called out in the sign code is a result of the City not being able anticipate every type of signage that someone may want to install within residential zones. A sign code that regulates incidental signage solely on content also has practical problems. Another problem associated with incidental signage is regarding political speech. Many sign codes allow political signs to be displayed a predetermined time prior to and after a primary or general election. However, there are some signs that are political in nature, but that are not tied to an election. For example, signs saying, "US out of Iraq" or "Keep the Change" would be political signs. The City's sign code currently allows such signs, but staff is required to analyze whether the content of the sign is political to determine if it is allowed. Common Exam les of Incidental Si•na•e • On- Premise Real - Estate Sign This on- premise real estate sign is displayed by attaching the sign to stakes and placing the sign in the ground. This would be an example of incidental signage. B. Miles Page 10 W:\Long Range Projects\Sign Code Update\PC_Memo_Meetingl.doc 09/03/2009 • • Off - Premise -Real Estate Sign "A" Board Political Sign Political signs usually are prevalent prior to and shortly after elections. However, not all political speech is tied to an election. For example a sign saying "US Out of Iraq" could also be considered a Political Sign. Political signs are an exam . le of incidental si a e. Off - premise signs are typically used at busy traffic intersections to inform individuals of the specific location of a home for sale. These signs are often illegally placed in the City's right of way. This type of sign would be an example of incidental si: age. The board to the right is being used to advertise an open house. This would be an example of incidental signage. Sign Code Committee's Review The Sign Code Committee recommended that the City continue to permit common incidental signage within the City's residential zones. However, due to time constraints the Committee was not able to formulate a specific recommendation for the new sign code. Staff has drafted possible code language to reflect the desire of the Committee to allow such signs within residential zones. The proposed language strives to be content neutral and instead regul tes only the time, place, and manner of incidental signage in residential zones. 1. Each residential property would be permitted one, 1.5 square foot building mounted plaque. This provision would permit home occupations to have a small sign. However, the provision would not be limited to just home occupations. 2. Each property would be permitted one six square foot sign. This provision would permit garage sale signs, real estate signs, political signs not tied to a specific election, and a sign for home occupations. However, content on the sign is not restricted. The sign could be displayed an indefinite period of time. • 3 There was some discussion by the Committee of increasing this to 2 square feet; however most of the Committee members supported keeping the size limit to what the current sign code permits. B. Miles Page 11 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc 09/03/2009 3. Incidental signs could be displayed with no restrictions from sunset on a Friday (or the day preceding a holiday) until sundown on Sunday (or the following holiday). No individual sign can exceed six square feet in size. Staff's Analysis This provision is specifically directed at garage sale and open house signs, but again content of the sign is not restricted. 60 4. There are no restrictions on the number of incidental signage on a property within` days of an election supervised by the King County Elections Office and ten days following the election. If a run -off election is required, the signs may remain until ten days following the conclusion of the run -off election. No individual sign shall be greater than six square feet. Individuals who install politib signs typically install more than one sign in order to support candidates for several offices (President, Senator, Governor, Mayor, City Council, etc). This provision would allow for multiple signs to be displayed. Content of the sign is not restricted. 5. No sign shall be placed within the City's Right of Way. 4 The City currently bans all non - traffic control signs within its right of way and the Committee concluded that this provision should not change. Placing signs within the City's right of way poses significant safety concerns. The City could be legally liable for accidents or injuries associated with signs within our right of way. Incidental signage, such as political, real estate and garage sales signs are difficult to regulate without regulating content. It would be much easier to simply continue to list what signs are allowed to be displayed within residential zone. However, such regulations pose both legal and practical limitations. It's important to note that most residents within residential zones have little desire to install signs on their properties. The proposed regulations, while different than the current regulations, will likely not have a huge impact on incidental signs within residential zones. Staff recommends that the proposed language above be incorporated into the new sign code. ATTACHMENT A. Letter to Parties of Record B. Common examples of incidental signage with dimensions B. Miles Page 12 09/03/2009 W: \Long Range Projects \Sign Code Update \PC_Memo_Meetingl.doc • • • Background Documents A. Sign Code Advisory Committee Recommendations B. Sign Code Committee Documents, Meeting #1 C. Sign Code Committee Documents, Meeting #2 D. Sign Code Committee Documents, Meeting #3 E. Sign Code Committee Documents, Meeting #4 F. Sign Code Committee Documents, Meeting #5 G. Sign Code Committee Documents, Meeting #6 • • • Background Documents A. Sign Code Advisory Committee Recommendations B. Sign Code Committee Documents, Meeting #1 C. Sign Code Committee Documents, Meeting #2 D. Sign Code Committee Documents, Meeting #3 E. Sign Code Committee Documents, Meeting #4 F. Sign Code Committee Documents, Meeting #5 G. Sign Code Committee Documents, Meeting #6 Attachment A • • TO: City Council Planning Commission FROM: Brandon J. Miles, Senior Planner RE: Sign Code Advisory Committee Policy Recommendations Briefing DATE: January 22, 2009 Issue Attached with this memo is the "Sign Code Advisory Committee Policy Recommendations ". The document summarizes the various recommendations of the Sign Code Advisory Committee (hereafter "Sign Committee ") regarding specific topics regarding signs The purpose of this evening's meeting is to review the various recommendations of the Committee and where possible, provide input to Staff on these topics. Staff will use this meeting to complete a first draft of the new sign code. Background The City Council created the Sign Committee in order to provide an opportunity for public involvement in the Sign Code Update process. The Sign Committee was comprised of Councilmembers, a Planning Commission member, business owners and residents. The Sign Committee met a total of six times to provide input on various issues related to regulating signage within the City. Unlike City Council and Planning Commission meetings, the Sign Committee did not vote. The Committee strived for consensus and consensus was reached on many of the topic areas. However, since the Sign Committee was reflection of a diverse community, consensus could not always be achieved. The Committee did reach consensus on the following policy recommendations: 1. Monument signs should be used as the standard freestanding sign within the City. 2. Additional freestanding signs should be allowed for large sites that contain multiple street entrances. 3. The City should expand the allowable number /type of signs permitted to be attached to walls. 4. The City's current restrictions on "special" event and temporary signage should be retained. 5. The Sign Committee was supportive of having existing non - conforming signs removed with annexation areas of the City. 6. A master sign program should be used to address signage on large properties where flexibility would ensure greater compliance to the overall goals of the new sign code. On other topics the recommendations were less clear cut: For example: 1. The Committee provided varying options on how to regulate dynamic (animated) signs. Some Sign Committee members wanted to continue the City's existing prohibition, while other Sign Committee members wanted to explore allowing them in certain situations. 2. Generally, the Committee agreed that businesses should be allowed additional building mounted signs. However, some Sign Committee members suggested that an additional building mounted sign be permitted if the wall faces a public street, while others suggested that an additional sign could only be allowed if the building and/or site met certain development regulations. 3. The Committee provided several suggestions on what should be done with signs that will be rendered non - conforming as a result of this update. At the joint meeting, Staff will provide a presentation that summarizes the various sign issues that the Sign Committee considered. Staff is looking for direction from the City Council and Planning Commission on the various items outlined in the report. Next Steps The joint meeting is part of the remaining review schedule for the new sign code. After tonight's meeting, staff will prepare a draft document for review by the Planning Commission. Once the Planning Commission has completed its review, the draft document will be forwarded to Council for review and consideration. Both the Planning Commission and the City Council will be required to hold at least on public hearing. Public process has and will continue to be an essential part of the sign code update process. As you will note in the report, Planning staff conducted an initial public outreach effort to solicit applications for the Sign Committee. The remaining public outreach effort for the new sign code includes the following: • Briefing of the Southwest King County Chamber of Commerce • Briefing of the Hwy 99 Action Committee • Conduct a public open house prior to consideration by the City Council. • After adoption, conduct a public open house. • After adoption, mail notices to sign contractors who have done business within the City about the new sign code. 0 • • • • • City of Tukwila Department of Community Development d "` F �i �i�' e O vs !icy JULY 4TH 2Pm - Fwca'on S dF4 lOrm www.tukwila100.com` ., :7 ^'i 3 .- FAMILY 4TH AT THE FORT Fort Dent Park. 6800 Fort Dent way Tukwila Sign Code Advisory Committee Pam Linder, Councilmember (served as Chair) Vern Griffin, Councilmember (served as Vice - Chair) Allan Ekberg, Planning Commission Member Andy Ciarrocchi, Westfield Southcenter Mike Hansen, Sabey Corporation Richardo Frazer, Resident Betty Gully, Resident Thomas McLeod, Resident City Staff Jack Pace, Director Nora Gierloff, Deputy Director Shelley Kerslake, City Attorney Derek Speck, Economic Development Brandon J. Miles, Senior Planner, Project Manager Moira Bradshaw, Senior Planner Sharon Dibble, Graphic Specialist Courtney Thompson, Intern Chris Beale, Intern • • • I. Background In 2007, the City Council identified a need to update the City's sign code. The City's current sign code was adopted in 1982 and only piecemeal changes have been done to the code. The Council realized that a complete rewrite of the code was needed in order for the code to reflect changes to the City since 1982. The colored portions of the above map show the City as it existed in 1982, the year the current sign code was adopted. Note, that Hwy 99 and the Duwamish Area had yet to be annexed into the City. Tukwila is a different place than it was in 1982. Many parts of the City, including Tukwila International Blvd and the Duwamish Industrial Corridor had yet to be annexed into the City. Additionally, the Urban Center has transformed from an area of retail /warehouse like it was in Sign Code Advisory Committee Policy Recommendations 1982, to the area largely dominated by retail activities that it is today. The development pattern of the Urban Center is likely to change again, with the implementation of the new Urban Center plan. The photo above shows a business in Lakewood and is a good example of why cities have sign codes. A. Sign Code Advisory Committee Given the significant impacts that signs have on the community, the City Council established the Sign Code Advisory Committee to assist in the update process. Resolution 1656 laid out and formally established the Sign Committee. The Resolution noted that the make up of the Sign Committee must include two Councilmembers, one Planning Commission member, three residents and two business representatives. The senior Councilmember on the Committee would serve as the Chair of the Committee. DCD advertised the openings on the Sign Committee in the Hazelnut newsletter and the Highline Times. Additionally, staff contacted several residents and business managers /owners to encourage them to submit their names to serve on the Committee. Staff also briefed the Hwy 99 Action Committee on the update process and encouraged anyone interested in serving on the Sign Committee to submit an application. DCD received about a half dozen applications from people who wished to serve on the Committee as either a resident or business representative. B. Miles Page 2 C:\Temp\XPgrowise\Joint Meeting, 2009.01.29 1. doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations The final Sign Committee make -up included the following individuals: Pam Linder, Councilmember (served as Chair) Verna Griffin, Councilmember (served as Vice - Chair) Allan Ekberg, Planning Commission Member Andy Ciarrocchi, Westfield Southcenter Mike Hansen, Sabey Corportation Ricardo Frazer, Resident Betty Gully, Resident Thomas McLeod, Resident The Sign Committee conducted six meetings from May to October. The Committee's meetings were largely informal. The Committee and staff sat around tables in the Council Chambers to discuss the various issues on the evening's agenda. While an agenda and staff reports were prepared, discussions were open so that issues could be raised and further direction provided to staff on specific items. Unlike City Council and Planning Commission meetings voting did not occur. The Committee strived for consensus and consensus was reached on many of the agenda items. However, since the Sign Committee was reflection of a diverse community, consensus could not always be achieved. Later in this report you will notice that some topics have two or even more recommendations from the Sign Committee. All view points have been brought forward to the City Council and the Planning Commission for consideration. B. Public Participation All meetings of the Sign Code Committee were open to the public. The meeting dates and times were advertised in the Seattle Times. DCD staff utilized a webpage to post notifications of upcoming meetings and to post staff reports that were available for the public's review. Interested parties were also invited to participate in the meetings. For example Clear Channel Outdoors, who owns most of the billboards in the City, was invited to the Sign Code Committee meeting when the topic of billboards was discussed. DCD staff kept an email list of interested parties and prior to meetings they were directed to the City's website for information on the upcoming meeting. DCD staff also targeted the Hwy 99 Action Committee and the South King County Chamber of Commerce to inform them on the update process and possible changes. C. Legal Limitations Regulation of signage plays a significant role in shaping the "look and feel" of a community. As you know, the City's authority to regulate signs is based upon its police powers. However, since signs are a form of communication, that authority is limited by the free speech provisions of the state and federal constitutions. Since signs are also a form of property, a city's authority to regulate existing signs is also limited by the "takings" provisions of the state and federal constitutions. B. Miles Page 3 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations Thus, cities may regulate signage, but they must do so in a considered manner so as to not implicate the First Amendment. As the City moves forward with revising its sign code, there are several legal issues to keep in mind, the most common of which are: content neutrality, commercial versus non - commercial speech protections and the need for a legislative record to establish the basis for the regulation. II. Discussion A. Sign Topics As noted, the Sign Committee met a total of six times. Topic areas were determined based upon input from staff and the Committee. Below are specific items discussed by the Sign Committee at their six meetings. Background is provided on the individual topic as well as the Committee's recommendation or some cases recommendations. On some topic items the Committee could not reach consensus and thus all recommendations are provided to the City Council and Planning Commission for their consideration. 1. Purpose Section One of the first items that the Sign Committee worked on was drafting a new "purpose" section for the new sign code. The "purpose" section of the sign code indicates the City's intent when it adopts specific legislation and can assist in clarifying ambiguities or unforeseen circumstances. Tall pole signs dominate this two lane street in Lakewood B. Miles Page 4 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1,doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations The City's existing purpose section notes the following goals: 1. 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 orderly and safety may be increased by minimizing clutter and distraction. 2. To establish administrative procedures for the implementation of this code. 3. 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. For comparison Planning staff provided the "purpose" sections of several other cities' sign codes for the Committee to consider. Additionally, the "purpose" section from the International Zoning Code was also provided: City of SeaTac: City of Seattle: The purpose and scope of this code is to protect the health, safety, property and welfare of the citizens of the City of SeaTac (hereafter "City"), by establishing standards for the design, placement, size and maintenance of all signs and sign structures in the City. Furthermore, it is the purpose of the regulations, standards and criteria of this code to permit and encourage the design of signs which are responsive to the needs of the public in locating a business establishment by identification, address and product and/or services information. City of Auburn: The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. A. To encourage the design of signs that attract and invite rather than demand the public's attention, and to curb the proliferation of signs; B. To encourage the use of signs that enhance the visual environment of the city; • C. To promote the enhancement of business and residential properties B. Miles Page 5 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations and neighborhoods by fostering the erection of signs complementary to the buildings and uses to which they relate and which are harmonious with their surroundings; D. To protect the public interest and safety; E. To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction; and F. To provide opportunities for communicating information of community interest. International Zoning Code: The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. Sign Committee's Recommendation After discussions the Sign Committee created the following "purpose" section for the new sign code: "The overall purpose of this Code is to enhance the City's aesthetic character, to protect the public health, safety and general welfare and to increase the effectiveness of the visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage and advertising. To this end, the following more specifically articulate this purpose: a) Signs that attract and invite rather than demand the public's attention along the City's streetscapes. b) City streets that appear orderly and safe because clutter is minimized. c) Signs that enhance the visual environment of the City because they are in harmony with building architecture and landscape design. d) Business identification that is not hindered by regulatory standards. e) Typical communication and civic discussion is fostered in the City's residential neighborhoods. f) Signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a pedestrian environment ". Staff Implementation Efforts Staff will work to draft appropriate code language to reflect the proposed recommendation by the Sign Committee. B. Miles Page 6 C:1Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations 110 2. Signs within residential zones Permanent Signage We often assume that signs are limited to commercial and industrial areas of cities. However, signs are very prominent within residential zones and play an important role in residential zones. The City has three residential zoning categories, Low Density Residential (LDR), Medium Density Residential (MDR), and High Density Residential (HDR). The dominant use within the LDR zone are single family homes, however single family homes can also be found in the MDR and HDR zones. Multi - Family complexes are a permitted use within the MDR and HDR zone. Multi - Family structures include duplex and triplexes as well as larger apartment buildings. 1 inch equals 0 miles Legend Interurban Zoned CU or RCM Zoned TUC !Tit Zoned MIC TIB Area (without residenSal zones) Zoned Residential Zoning Map for Sign Code Update Figure 1 shows zoning districts classified into several generic classifications. B. Miles Page 7 C: \Temp\XPgrpwise \Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations Figure 2 shows an apartment complex within the City. The apartment complex only has one sign, but the complex has three entrances from two public streets. There are uses within residential zones that have signage needs that resemble the signage needs of commercial businesses. The City's schools, religious institutions, and parks use freestanding and wall signs. The freestanding sign at Foster High School utilizes an electronic message board to convey messages to the student body and public. Wall Mounted Apartment Sign Freestanding Apartment Sign The sign to the right is a building mounted wall sign located within the City. Freestanding signs are commonly used to denote the name of an apartment complex. B. Miles Page 8 C:1Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations Freestanding City Signs Freestanding School Sign Freestanding Church Sign The signs are typically used to denote the names of parks, fire houses and other city facilities There are two school signs shown: A freestanding sign utilizing a pole and a freestanding sign on the adjacent wall. The readerboard to the right is considered a freestanding sign. The City's current sign code creates two types of users within residential zones, multi - family dwelling units and other institutional uses such as schools, churches, and parks. • Multi - family dwelling units (apartments) are permitted only one sign up to 32 square feet in size. The sign could either be a wall sign or a freestanding sign. Freestanding signs have a maximum height of five feet. • Institutional uses are permitted to have one wall sign and one freestanding sign. An additional sign, either a wall sign or freestanding sign, is permitted for each additional street frontage. For example if a school has one street frontage it would be permitted a total of two signs, one freestanding and one wall sign. However, if the school is bordered by two public streets it would be permitted a third sign. No sign (either freestanding or wall sign) can be greater than 50 square feet in size at institutional uses. A freestanding sign at an institutional use cannot exceed 16 feet in height. One item that staff and the Sign Committee discussed was the concept of treating all non - single family uses the same regarding what types of allowable signage would be permitted. Schools, Churches, and apartment buildings would be permitted the same number of permanent signage. However, the number of signs would be limited and specific design standards would be created in order to reflect the fact that these uses are located within residential zones. The Committee also discussed the design standards for signs at non - single family uses within residential zones. Currently, apartment buildings are permitted a maximum sign size of 32 square feet and institutional uses are permitted a 50 square foot sign. This is the same regardless if the sign is a freestanding sign or a wall mounted sign. The Sign Committee discussed the idea of basing the size of wall signs to the size of the wall where the sign will be located. This is how the maximum size of wall signs is determined in commercial and industrial zones. B. Miles Page 9 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations The Sign Committee also discussed the maximum height allowed for freestanding signs. Apartment complexes are limited to a sign no taller than five feet, however institutional uses are allowed a sign up to ten feet in height. During these discussions, the Sign Committee discussed the idea of only allowing monument style signs within the City. Staff also discussed the various methods in signs are illuminated, which include indirect lighting, backlit lighting, direct lighting and no lighting for signs within residential zones. Sign Committee Recommendation The Sign Committee has the following recommendations regarding permanent signage within residential zones: a) Institutional uses and apartment complexes (more than five units) would be permitted to have one wall sign and one freestanding sign. One additional sign is permitted for each public street that provides access to the use. b) The area of a freestanding sign is limited to 30 square feet for a one face sign and 60 square foot for a two sided sign. c) Most of the Committee supported the idea of limiting freestanding signs to five feet tall. The signs would have to utilize multiple poles or the base would have to occupy at least 75 percent of the sign panel length. One Committee member noted that taller signs should be permitted if the signs are placed further from the street. d) Freestanding signs could be illuminated with indirect lighting. However, the Committee was split on what type of indirect lighting. Some Committee members only wanted ground mounted lighting while others were supportive of lights being installed on the sign itself. e) Wall signs can be up to 50 square feet in size; however the maximum size permitted for each wall will vary based on the amount of wall area. f) Lighting for wall signs will be limited to indirect, concealed, and backlit devices. The lighting shall have no spillover effect on adjacent properties. Staff Implementation Efforts Staff will work to draft appropriate code language to reflect the proposed recommendation by the Sign Committee. Given the discussion later in this document about monument signs within non- residential zones, staff would suggest that the height of monument signs within residential zones be limited to five feet. B. Miles Page 10 C:1Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Reader board at a church in the City. 09/08/2009 Sign Code Advisory Committee Policy Recommendations 3. Dynamic Signs One of the most complex issues that the Sign Committee considered was the issue of allowing dynamic signs within the City. Dynamic signs, also known as animated signs or changing message signs, are signs that move or appear to move to individuals who are viewing the sign. There are a variety of technologies that are being utilized for dynamic signs. These technologies include LED displays, TV like images, tri- vision (rotating) signs, and digital ink. Dynamic signs can also include flashing lights and signs which move due to mechanical manipulation. The City currently prohibits all dynamic signs' with the exception of signs that display time, date, or temperature. However, the City currently has a moratorium on the installation of any sign which displays a moving image showing time, date or temperature. Also, a fixed electronic sign in which the image does not change more frequently than once every 24 -hours is not considered a dynamic sign. The Sign Committee reviewed photos and images provided by staff and Allan Ekberg on various types of dynamic signs throughout the Country. The Sign Committee realized that there were two main issues associated with dynamic signs, safety and aesthetic considerations. • Safety Staff provided a report to the Sign Committee entitled "Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations" dated June 7, 2007. The report provides an overview of over a dozen studies related to safety of dynamic signs. The report provides the following conclusions: a) Drivers who are subjected to information -rich content that is irrelevant to the driving task (such as digital advertising) may be temporarily distracted enough to cause a degradation in their driving performance. The degradation could lead to a crash. b) The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static signs. c) Several of the studies in the report have found a correlation between crashes and the complexity of the driving environment. For example, crash rates are higher at intersections because the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on drivers; attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. d) Many of the studies noted a correlation between outdoor advertising signs and crash rates, but have not established a casual relationship between the sign sand crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a There are several non - conforming dynamic signs within the City. These include the Silver Dollar Casino, Foster High School, and Tukwila Riverside Inn. All three were permitted under different code provisions which are no longer in effect. B. Miles Page 11 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations direct casual relationship between outdoor advertising signs and crash rates to show that they can make driving task more complex. The Sign Committee also considered the safety impacts associated with dynamic signs within specific zones, most specially within residential zones. The Sign Committee considered that allowing dynamic signs within residential zones may not pose the same safety concerns as placing dynamic signs within commercial and industrial zones. • Aesthetic Considerations With regards to dynamic signs the Sign Committee was asked to consider several items. These items would also be helpful to the City Council and the Planning Commission in deciding what regulations should apply to dynamic signs. a) How would dynamic signs interact with allowed land uses within commercial and industrial zones? As staff has noted the City cannot regulate content. Thus, if the City were to allow dynamic signs in commercial and industrial zones, all businesses would be eligible to install them including pawn shops, check cashing places, and adult entertainment establishments. Another thing to consider regarding dynamic signs and land use are the City's current and future mixed use zones. Residents in mixed use zones that have dynamic signs could be impacted at night by dynamic signage (i.e. brightness and noise). b) What impacts would dynamic signs have on the visual environment? Sign regulations are about leveling the playing field for businesses, one sign is typically not a problem, but multiple dynamic signs next to each other could have an impact on the visual quality of the community. Some cities have minimum spacing requirements between dynamic signs, but that would create winners and losers. c) Would dynamic signs contribute to creating pedestrian oriented environments? The City's plan on Tukwila International Blvd and the future Tukwila Urban Center plans calls for creating pedestrian friendly environments where people are encouraged to walk instead of using cars. Dynamic signs are typically geared towards motorists and not towards pedestrians. Sign Committee Recommendation Given the various perspectives on the Sign Committee, the Committee came up with several competing options regarding regulating dynamic signs. a) All Committee members were in favor of continuing to allow dynamic signs within residential zones for institutional uses, (i.e. schools, churches, fire stations, etc). The current restrictions that limit the rate of change and hours of operations will be retained with the new code. b) Some members of the Sign Committee recommended that the City continue its ban on dynamic signs within the City's commercial and industrial zones. Other members of the Committee wanted to possibly see dynamic signs in some areas of the City, most specifically the Urban Center and along Interurban Ave S. The Sign Committee did not B. Miles Page 12 C:\Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations support the idea of having dynamic signs located along Tukwila International Blvd given the City's goal of redeveloping the area. c) Where dynamic signs would be allowed restrictions could be placed on the type of dynamic sign and the amount of allowable sign area that is permitted to be dynamic. Those Committee members who support this option noted that perhaps TV like images would be appropriate. These signs could be approved by the Board of Architectural Review (BAR). d) One Committee member suggested that within the Urban Center a "theater" district be created which would allow a wide range of dynamic sign options for entertainment uses. Staff Implementation Efforts The safety studies related to dynamic signs are inconclusive in determining if dynamic signs are safe. The Federal Government will be releasing a study in 2010 that will provide an in -depth analysis on the safety of dynamic signs. It would be impossible from a legal perspective to create a sign code which would allow only "entertainment" establishments to have dynamic signs. The code restrictions would most likely involve regulating content which would present several legal concerns. Staff recommends that the City continue to prohibit most dynamic signs, such as electronic reader boards or TV like images within all commercial and industrial zones. Staff would like to provide language to allow certain small scale mechanical signs or moving neon signs within the Urban Center. These signs, when done creatively, can add to the visual interest of an urban environment. Staff concurs with the Sign Committee's recommendation to allow dynamic signs within residential zones for institutional uses and will utilize the existing code language found in the current sign code. 4. Freestanding Signs in Commercial and Industrial Areas of the City Many businesses choose to utilize freestanding signs as part of their sign package. The City's existing sign code defines a freestanding sign as a "sign installed on a permanent foundation, not attached to a building or other structure (TMC 19.08.070) ". There are two general types of freestanding signs, pole and monument signs. Pole signs are sign cabinets raised in the air and supported by one or several pole structures. Monument signs typically have solid bases and are shorter and smaller. B. Miles Page 13 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations The left photo shows a monument style sign, the photo on the right shows a pole sign. Freestanding signs typically provide three main functions for a premise (development) and businesses that are located on a premise: Way Finding: Freestanding signs can be utilized to assist motorists and pedestrians navigate city streets. The signs, when placed correctly, can inform motorist where to turn to access a property. Advertising: Freestanding signs are often used to advertise goods and services available at a premise. Economic Value to a Property: Landlords often charge additional rent for tenants that are listed on freestanding signs. The more freestanding signs they can have the greater rent they can generate from a site. The City's existing sign code allows all properties the option to install at least one freestanding sign per premise. A premise means one or more contiguous lots of record, owned or managed by the same individual (TMC 19.08.172). The City provides no limitations on the style of sign (monument or pole) but does control height, area, and setbacks as follows: • No taller than the building that is located on the premise that is utilizing the sign. ■ Must be setback from all property lines an equal distance to its height. • Area of the sign is limited to the amount of linear frontage located along the subject premise. Premises that have less than 200 linear feet of street frontage feet are allowed a freestanding sign with an area of no more than 100 square feet for all faces and no one face can be greater than 50 square feet; premises with street frontage between 200 and 400 feet are allowed a freestanding sign with a sign area not to exceed 150 square feet for all faces and no face can be greater than 75 square feet; and premises with more than 400 feet of linear frontage are allowed a freestanding sign with an area no greater than 200 square feet for all faces, with no face being allowed to exceed 100 square feet. As noted most premises within the City are permitted only one freestanding sign. The code does provide provisions for certain properties to have a second freestanding sign if the following criteria are met: B. Miles Page 14 C:\Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations 1. The premise has at least 400 feet of frontage along a city street; 2. The premise contains at least two detached buildings; and 3. There are two unrelated businesses operating at the site. Some premises that are occupied by single tenant buildings, such as fast food restaurants and banks choose to install a second building mounted sign in lieu of installing a freestanding sign. This is typically because the setback provisions of the existing sign code make installing a freestanding sign impractical since the sign's visibility would be limited. Sign Code Committee Recommendation The Sign Committee examined what style of freestanding signs should be permitted within the City and how many freestanding signs should be permitted per premise. Style of Freestanding Signs The Committee discussed how freestanding signs interact with landscaping along the front of property lines. The Sign. Committee found that pole signs often conflict with landscaping leading businesses to remove trees or have them "topped ". The Committee found that monument signs and trees had fewer conflicts. Additionally, monument signs assist in improving the streetscape and contribute to a high class retail environment. Therefore they recommend that only monument signs be permitted with a maximum height of five feet. Number of Signs Permitted Per Premise The Committee found that the number of freestanding signs permitted for large properties is too restrictive. • The Sign Committee noted that a site like Parkway Supercenter, which has nearly 1600 feet of linear frontage and over 20 stores, is only permitted to have two freestanding signs. • The Sign Committee also noted that Boeing, the largest landowner in the City, is only permitted to have two signs even though they occupy over 3000 linear frontage along East Marginal Way. • The existing sign code provides no flexibility for a second freestanding sign for many of the businesses located on a corner property. B. Miles Page 15 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations Approximate Length at Curb is 1519feet Figure 3: The property above is only permitted to have two freestanding signs under the current code. B. Miles Page 16 09/08/2009 C:1Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations Frontage measured at curb Figure 4: Above is the Acura site along Andover Park West and Baker Blvd. The property has four entrances, two along each street. The site has over 800 feet of frontage and has two businesses, but since there is only one building on the site it is only permitted to have one sign. The Sign Committee recommends that the number of freestanding signs be increased in order to assist large properties with way- finding. The number of signs would be based on the amount of linear frontage along the property and the number of curb cuts. A property would be allowed B. Miles Page 17 09/08/2009 C: \Temp\XPgrpwise \Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations one sign for every 400 feet of linear frontage present along a City street. However, in order to qualify for the additional freestanding signs the property must contain multiple access points. For example a property that contains 1600 feet of linear frontage would be permitted four freestanding signs, however if the site only had three entrances then only three signs could be installed. There was some discussion about allowing one freestanding sign for every street frontage. At a later meeting, after this topic had been discussed, there was some discussion to allow a freestanding sign for every street that a business's property might border. Staff Implementation Efforts Language will be drafted that will permit one freestanding for every 400 linear feet of frontage along a public street. The freestanding sign must be located near an access point to the site. 5. Building Mounted Signs in Commercial and Industrial Zones The current sign code refers to building mounted signs as wall signs. However, the term "wall sign" is very limiting. Wall signs are typically flush mounted signs; however there are other types of signs that can be used on buildings. Other examples of building mounted wall signs include projecting signs and signs installed on awnings. Above photo shows a blade sign in the foreground and projecting sign in the background. Blade signs are typically defined as small signs that hang below awnings. B. Miles Page 18 C:\Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations Above photo shows traditional wall sign using individual channel cut letters. Above photo shows a wall sign. This sign utilizes a cabinet system. As with freestanding signs, building mounted wall signs provide three functions for a property and a business: Way Finding: Building mounted wall signs assist pedestrians and motorists in finding a particular business. Many times they work in conjunction with a freestanding sign. The freestanding sign inform motorist where to access along the roadway, while the building mounted wall sign further directs motorist on where to park and where the entrance for the store is located. B. Miles Page 19 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations In some developments the building mounted wall sign replaces the freestanding sign along the roadway. This type of development is common in downtowns where buildings are located along the street. Advertising: Building mounted wall signs are often used to advertise goods and services available at a premise. Economic Value to a Property: In most types of development each tenant can have at least one building mounted wall sign for its tenant space. Thus, unlike freestanding signs access to the sign is not limited which would provide an economic value to the property owner. But in some office buildings not all tenants are allowed signage and those that do have signage pay the landlord for the right. Above photo shows a building mounted sign in Queen Anne. Building mounted wall signs can typically be found at four common development types within the city: Single Occupant Buildings: With this type of development one building occupies a site and only one business is operating within the building. Common examples include fast food restaurants, banks, and gas stations. Multi - Tenant Buildings where each tenant has its own entrance: This type of development pattern (strip mall) is perhaps the most common within the Urban Center. At this type of development each tenant has its own entrance into its tenant space and parking is typically located in the front of the building. B. Miles Page 20 09/08/2009 C:1Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations Multi - Tenant Building with a common entrance: The most common example of this type of development is the office building. The building might contain several businesses, but entering each business requires going through a common lobby area. Mixed Use Buildings: Mixed use buildings typically have retail on the first floor and office or residential dwellings on the upper floors. Each of the retail operations on the first floor typically has its own entrances from the street, while the upper floors have one or several common entrances. The above development types account for almost 90 percent of the developments within the City's non - residential zones. Yet, there are certain buildings such as the mall which cannot easily be classified into one of the three categories. Under the existing sign code, single occupant buildings and multi -tenant buildings where each business has its own entrance are treated the same. Each business is permitted one wall sign. The size of each wall sign (on a separate wall) is based on the wall area occupied by the business. A second wall sign is permitted if the business is not listed on a freestanding sign. The existing sign code places no restrictions on where the sign can be located for a business. The signs can be located on any wall occupied by the business. With regards to multi -tenant buildings with a common entrance, each business is still allowed a quota of two signs. Yet, the building's owner is given a sign allowance based on the size of the wall. The owner can then divide the sign allowance to as many businesses within the building as they choose. This method allows signs to be located on buildings in an "ad hoc" manner. Signs are installed when a new tenant comes to a building. There is no limit on the total number of signs, thus the sign wall can become cluttered with various signs. The City's existing sign code was not created for sign issues that are associated with mixed use buildings. Sign Code Committee Recommendation As noted, the future sign regulations will have to be compatible with other development regulations such as the TIB Design Guidelines and the future TUC Plan. In exploring the issues around building mounted signs, the Committee considered how signage could be used to further assist the City in promoting and implementing the goals of these development regulations. The Committee as a whole has the following recommendations regarding building mounted signs: • Each business would be permitted one sign for each wall that contains a public entrance. The TUC plan calls for entrances to be located along public streets. However, the business may also have an entrance from a parking area in the rear of the building. In such examples, the business could have two building mounted signs. • Certain small scale signage, such as blade signs, would be permitted outright if the project complies with certain development requirements. Both the TIB Design Standards and TUC plan call for buildings to be located along the front of public streets with B. Miles Page 21 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations awnings installed over the sidewalks. The blade signs would assist pedestrians in locating individual businesses. The Committee was split on when additional building mounted signs should be permitted for individual businesses. As noted, the Committee recommends that a building mounted sign be permitted for each public entrance for the business. However, some Committee members thought that additional building mounted signs should be allowed if the business fronts on multiple public streets. Other Committee members thought that an additional building mounted sign should be allowed in exchange for the building complying with certain design standards. Essentially, building mounted signs could not be located on blank walls or on walls that did not have public entrances. Staff Implementation Efforts Staff suggests that building mounted signs be permitted under the following circumstances: • Each business would be permitted one building mounted sign for each public entrance that serves the business. An additional building mounted sign will be provided if the building's exterior walls provide transparency that complies with the design standards of the TUC or TIB Design Manual; the perimeter landscaping along the wall where the sign will be mounted fully complies with the City's landscaping requirements; or the area where the sign will be installed contains pedestrian areas that comply with the TUC and TIB Design Manual. • Staff concurs with the Committee's recommendation to allow blade signs if certain development regulations are complied with. 6. Billboards Billboards are common place along many highways throughout the country. The City currently defines billboards as "...a sign or visual communication device, its structure and component parts, 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 of the immediate premises (TMC 19.08.050) ". The City bans billboards in most areas of the City. New billboards are permitted on West Valley Highway south of S. 180 Street and along Interurban Ave South north of Interstate 5. New billboards may not be located closer than 500 feet to an existing billboard. The billboards must be a single post and cannot have an area greater than 300 feet in area. B. Miles Page 22 C:1Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations The above photo shows a billboard located at the intersections of Boeing Access Road, TIB, and East Marginal Way South. The City has approximately 20 existing billboards within the City, with most of the billboards being located along TIB and East Marginal Way South. All of the City's existing billboards are located within annexation areas of the City. Prior to annexation, King County and Washington State Department of Transportation (WSDOT) regulated the placement of signs within these annexation areas. Both King County and WSDOT had relaxed land use regulations which allowed for billboard construction. Billboards are often associated with blighted communities. A recent court case from the US Supreme Court noted that billboards are a "visual evil ". Communities that contain billboards typically prevent new billboards from being installed and work to have existing billboards removed. Sign Committee's Recommendation The Sign Committee recommends that additional billboards not be permitted within the City. The Committee found that billboards do not contribute to the type of physical environment that the City is trying to promote. Staff Implementation Efforts Draft language will be prepared that bans new billboards from the entire City. 7. Freeway Interchange Signs The City currently permits large pylon signs near the on and off ramps of major freeways for business that serve the traveling public. These signs can range in height from a minimum of 35 feet to a maximum of 125 feet. As noted, the current code limits freestanding signs to the height of the building it is being used to advertise. This height limit does not apply for signs deemed B. Miles Page 23 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations "freeway interchange ". The maximum sign area permitted for a freeway interchange sign is 250 square feet for all sides. The above photo is a freeway interchange sign visible along 1-5. Freeway interchange signs are legacy of the past and they likely provide very little assistance to the traveling public. WSDOT permits small directional signs within their right of way to note upcoming services. These signs are typically spaced further back from the off ramp in order to allow the motorist adequate time to make a decision to exit the freeway. Additionally, WSDOT provides signs on the exit ramps which further provide direction to motorists as they exit the freeway. Additionally, the regulations regarding freeway interchange signs are largely based on content which present several legal issues that may not be able to be resolved. Sign Committee's Recommendation New Freeway Interchange Signs should not be permitted within the City. Staff Implementation Efforts Draft language will be prepared to reflect the Committee's recommendation. 8. Non - Conforming Sign Regulations A non - conforming sign is a sign that was lawful when it was installed but due to changes to the code, no longer complies with sign regulations. The City has a large number of signs that do not comply with the City's existing sign code. The City's current sign code was adopted in 1982 when much of the area that currently makes up the City had yet to be annexed into Tukwila. Areas along Tukwila International Blvd (TIB) and East Marginal Way South contain the largest number of non - conforming signs. These areas were annexed into the City between 1989 and 1991. Prior to annexation signs were installed under King County and in the case of TIB WSDOT standards. King County and WSDOT had very B. Miles Page 24 C: 1Temp\XPgrpwise \oint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations relaxed sign standards which is why these areas of the City have such a large number of non- conforming signs. As noted, as part of the sign code update process the Committee identified a desire to only allow monument rather than pole signs within the City. Additionally, the Committee expressed a desire to have freeway interchange signs removed from the City. Should the new sign code prohibit pole signs and freeway interchange signs these signs would become non - conforming. The City's current non - conforming sign regulations can be found in TMC 19.30. The City allows for regular maintenance of non - conforming signs, including painting and minor electrical work. However, any change to a sign panel or sign copy of a non - conforming sign requires total conformance to the City's sign code. The City has used this tool extensively along TIB in its on- going effort to have non - conforming signs removed and thus improve the urban environment. ht 1,,,1N \ al lit 1111111 111111111111111111111111 ::r ti }� ;mum illimi I Ilni�iiif111ItIJ IU'�111 Blilfillli il �,t�. "'1iib1�1�7i 11tu1�ilwurwtQ111tiiu! If���. � n d t � The above photo shows an old non - conforming sign along TIB. The sign existed prior to annexation of TIB into the City. The copy on the sign was installed without a permit and the City was able to order the sign's removal. Other cities allow for sign panels and copy to be changed, provided there is no change in the size of the sign. Signs are required to come into conformance when the structure of a sign is modified. Yet cities that allow panel changes and copy changes to non - conforming signs typically have a deadline in which all signs within the City have to come into conformance. For example the City of Bellevue requires that all signs comply with their sign code nine years from the date of adoption of its current sign code. The idea is that property owners can utilize the signs as they want, but eventually the sign is required to come into conformance. A compliance date is also called a sign amortization program, the idea is that property and business owners can have sufficient time to amortize the cost of the sign on their federal taxes. B. Miles Page 25 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations The City used to have a sign amortization program along TIB. As noted, annexation areas such as TIB contain a large number of non - conforming signs. Property owners were given until June 30, 2000 to fully comply with the City's sign regulations. Copy changes and refaces of existing signs were permitted during the amortization period. Many cities along old Pacific Hwy adopted a similar program. Federal Way was very successful in getting their non - conforming signs along old Pacific Hwy removed, however due to a court action against Federal Way in 2004, the City was forced to abandoned its sign amortization program. TIB used to be part of the Federal Highway System and while TIB was within the City, it was under the control of WSDOT. The Scenic Vistas Act is a federal law championed by Lady Bird Johnson that attempts to regulate the visual scenery along federal highways. The Act limits the types of signs that are allowed to be displayed along federal highways, however the Act strictly limits the ability of local government to utilize an amortization program in removing non - conforming signs along Federal Highways. While not prohibiting local governments from using amortization programs, the Act requires that local governments compensate sign owners if the signs are part of an amortization program. Needless to say the City did not have the funds to pay for the removal of the signs. It should be noted that WSDOT transferred control of most of TIB to the City and thus the Scenic Vistas Act no longer applies to most of TIB. The Scenic Vistas Act does have implications for signs along West Valley Highway and signs that are visible along Interstate 5 and 405. Note: The Scenic Vistas Act does not require compensation if the applicant voluntarily makes a change to a sign and that change requires that the sign be brought into conformance with City standards. Sign Code Committee's Recommendation The Committee determined that there were several ways that the City could handle the removal of non - conforming signs. All Committee members supported the following methods: • Require any project that is subject to design review to come into conformance with the City's sign regulations. • Offer incentives for the removal of non - conforming signs. For example the City could start a "sign grant program" for small businesses and small property owners to assist them reduce the cost of removal of non - conforming signs. The Committee was also supportive of continuing the City's existing policy of requiring the removal of non - conforming signs within annexation areas when new copy is installed on the signs. As noted, these signs are typically very old and are currently non - conforming under the existing sign code. There was discussion about applying this policy to the Urban Center. The Urban Center generally complies with the City's existing sign code. Unlike TIB, many of the signs within the Urban Center are new and asking for the signs removal when a reface is proposed would seem a difficult request. One idea offered was to allow existing signs within the Urban Center to remain for ten years and allow unlimited copy and panel changes during that period. After ten years the signs could still remain and compliance would only be required when a face, copy, or panel change is made. B. Miles Page 26 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations This would give the property owners sufficient time to amortize the cost of the signs from their Federal taxes. There was some discussion if ten years would provide sufficient time to amortize the cost of the sign. Another option mentioned by the Committee was to utilize a master sign program for the removal of non - conforming signs at large sites. The master sign program concept is similar to a development agreement. With a master sign program, the City would work out the amortization period on a case by case basis with large properties that may contain expensive signs. Staff Implementation Efforts Staff will prepare language that reflects the following recommendations of the Sign Committee: a) Require any project that is subject to design review to come into conformance with the City's sign regulations. b) Offer incentives for the removal of non - conforming signs. For example the City could start a "sign grant program" for small businesses and small property owners to assist them reduce the cost of removal of non - conforming signs. What to do about signage that will become non - conforming as a result of the update process is a complicated as well as a critical part of the sign code update. Staff agrees with the Committee that the City should continue to require the removal of older signs within annexation areas. These signs typically do not meet the development regulations of the current sign code. Staff recommends that signs that are less than ten years old be permitted to have unlimited refaces until they have been up for at least ten years. After the ten year period the signs may remain indefinitely, however any changes in the sign copy, panel, or face will require total conformance to the sign code. This recommendation will allow the City to continue to have non- conforming signs within annexation areas removed, while providing a "grace" period to property owners whose signs will be made non - conforming as part of the update. 9. Special Event Signage/Temporary Signage in Commercial and Industrial Zones Many businesses have a desire to install temporary /special event signage to advertise a grand opening, sale, or other special event. Common examples of special event signage include banners, "A" Boards, balloons, wind animated devices, search lights and pennants. B. Miles Page 27 09/08/2009 C:\Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations Above photo shows classic temporary banner. The City's current sign code only allows businesses that are having a "grand opening" event to display balloons and other "carnival like" devices for up to seven days. All businesses within the City are allowed to use banners for up to 30 days once a quarter. If a business uses one banner it can be no greater than 64 square feet and if the business wants to use two banners the two banners combined cannot exceed 64 square feet. Sign Committee's Recommendations After reviewing the current regulations, the Committee determined that generally the City's current limits on the use of special event/temporary signage were adequate. The Committee noted that such signage could present aesthetic issues if the City provided additional avenues for its use. The Committee did recommend that grand opening permits be good for 30 -days instead of the seven days permitted under the existing code. Staff Implementation Efforts Staff will draft code language that reflects the Committee's recommendations. 10. "A" Boards The City's current sign code specifically prohibits the use "A" boards within the City's commercial and industrial zones. B. Miles Page 28 C:\Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations Above photo shows an "A " Board. "A" Boards are a cheap and convenient sign option used by some businesses. They are typically placed on sidewalks or landscaping and are typically directed at people in cars. Some businesses due to limitations placed by landlords or the City are not able to be listed on a freestanding sign. These businesses choose to use "A" boards as a way to circumvent their inability to be listed on a freestanding sign. The Committee found that there were two main issues with the use of "A" Boards within the City: 1) Safety: Often times "A" boards are located on City sidewalks. While the City is improving and installing wider sidewalks throughout the City, most City sidewalks are five to six feet in width. When an "A" board is located on a City sidewalk it requires pedestrians to navigate around the sign. These signs present safety hazards for people using the sidewalks and could create legal liability for the City. 2) Aesthetics: One "A" board on a property would most likely have minimal aesthetic impacts. As with all signs it is several signs that can create aesthetic issues. Tukwila has developments that contain numerous businesses, if each business was allowed one "A" board sign the entire front yard of a property would be covered with "A" boards. Sign Code Committee Recommendations The Committee recommends that the City continue to ban the use of "A" boards within most areas of the City. However, the Committee found that in some cases "A" boards could serve a purpose in managing very large events. For example: • The mall has a need to use "A" board during the Holiday seasons as way to efficiently move traffic and park cars. • Starfire needs "A" boards during Sounder soccer games in order to park the large number of cars that come to the games. B. Miles Page 29 09/08/2009 C: \Temp\XPgrpwise \Joint Meeting, 2009.01.29 1.doc Sign Code Advisory Committee Policy Recommendations • The City's Parks and Recreation Department needs them for limited events as a way to manage crowds and traffic. The Committee recommends that "A" Boards be allowed for selected large events in order to assist in crowd and traffic control. Staff Implementation Efforts Staff will draft code to reflect the Committee's recommendation. 11. Master Sign Program One thing that the Committee noticed during its meetings was that there are many sites within the City that present challenges in adopting a new sign code. A notable example is the Mall which is the largest mall in the Pacific Northwest and clearly has sign issues not faced by other properties. A master sign program could be used to provide flexibility under the sign code where strict compliance with the sign code would seem impractical. Additionally, a master sign program could be used to deal with non - conforming signs on existing commercial sites within the City. Sign Committee Recommendation The Committee determined that the new sign code should include provisions for a master sign program for large commercial sites. The following scenarios would be examples of sites that would be eligible for a master sign program: 1. Sites whose gross square footage exceeds 20 acres and contains a building or buildings with more than 250,000 square feet of area. 2. Uses that provide an essential public service (i.e. hospitals' emergency rooms, etc) where public safety may be jeopardized by strict compliance to the City's sign code. The Committee discussed the process in which the master sign program would be reviewed and approved. The two options in reviewing master sign programs included administrative review by staff and review by the Planning Commission. Staff Implementation Efforts Staff concurs with the Committee's recommendation. Staff suggests that a process be set up to review master sign applications which would be similar to reviewing design review applications. Master sign programs that are part of projects that are part of an administrative design review application will be reviewed by staff, while master sign programs that are part of projects that require a public hearing will be reviewed by the Planning Commission. B. Miles Page 30 C:1Temp\XPgrpwiseJoint Meeting, 2009.01.29 1.doc 09/08/2009 Sign Code Advisory Committee Policy Recommendations III. Conclusion The proposed recommendations by the Committee will allow the sign code to better respond to the future growth that is anticipated in the City over the next several years. In drafting its recommendations, the Committee was able to reflect that the City is currently in a period of transition from a suburban development pattern to an urban pattern. The Committee's goal is to provide a sign code that reflects this change and will provide adequate sign needs for all development patterns that currently exist in the City and that will eventually be present. B. Miles Page 31 09/08/2009 C: \Temp\XPgrpwise\Joint Meeting, 2009.01.29 1.doc Attachment B 1(08/19/2010 Brandon Miles - 5 -15 -08 SIGN CODE MINUTES.doc Page 1 SIGN CODE COMMITTEE MINUTES MAY 15, 2008 Committee Members Present: Pam Linder, Councilmember; Verna Griffin, Councilmember; Alan Ekberg, Planning Commission Member; Mike Hansen, Sabey Corporation; Andrew Ciarocchi, Westfield Southcenter; Thomas McLeod, City Resident Staff Present: Shelley Kerslake, City Attorney; Jack Pace, Director; Moira Bradshaw, Acting Planning Supervisor; Brandon Miles, Senior Planner and Wynetta Bivens, Secretary Absent: Betty Gully, City Resident and Ricardo Frazer, City Resident Chair Linder opened the meeting by extending a welcome to everyone. She asked the committee members to introduce themselves and share why they are interested in participating on the committee. Brandon Miles explained the "purpose" section of the Sign Code, and why the City has regulations. He stated it is the role of the City to be a neutral third party to ensure that everyone has fair access to signage. Staff stated the purpose statement could also be utilized as a guide for future discussion. There was discussion regarding the purpose of the Sign Code, and the committee's expectations as it relates to businesses and residences. Examples of Sea Tac's, Auburn's and Seattle's purpose statements were reviewed and language was targeted to incorporate in compiling Tukwila's updated purpose statement. The group was in consensus that they like the tone of the Seattle purpose statement, to strengthen it they will add some additional language. Chair Linder stated she likes and thinks that it is important that the following portion of the Tukwila's existing purpose should be kept: "Visual communication devices so that the streets of Tukwila may appear orderly and safety may be increased by minimizing clutter and distraction" The following are additional ideas and suggestions for language to use to compile an updated Tukwila Purpose Statement: • It will be very important to businesses and residents how the transition occurs between the existing Sign Code and the new one that will be adopted. l`V V/ IJ /LV IV` UI OIIV VII IVIIIGJ - J IJ - VV VIV19 VVUL IVIIIYV I LV.VVI+ (08/19/2010) Brandon Miles - 5 -15 -08 SIGN CODE MINUTES.doc Page 3 • • • Page 3 of 3 Sign Code Minutes 5/15/08 • Incorporate language from Seattle's purpose statement, including but not limited to the following: "Invite not demand" and "Seattle's Letter A." • Revise Seattle's language for letter B and use the word "aesthetics" to strengthen the language. • Provide clarification of content • Keep Tukwila's existing purpose statement language, "establish standards and guidelines" • Allow flexibility, which is important for encountering different situations. • Add the language, "Placement and Maintenance ", (on -going maintenance). • Revise Tukwila's letter A by replacing it with the first sentence of Auburn's purpose statement. Statements - It was agreed there should be an opening statement in addition to the purpose statement. Staff will write draft language for both statements utilizing the ideas and suggestions provided, and the committee will review them at the next meeting. Guiding Legal Principles - Shelley Kerslake, City Attorney, provided information on some guiding legal principles, (listed below) and the need to keep them in mind when deciding how to regulate signage: • Content neutrality. • Equal treatment. • The purpose of the regulation. • Creating an adequate record. Public Participation - Staff will invite interest groups to discuss their concerns and what they think about the process so staff can address their concerns. How would the committee like to interact with the public? Proposed Options: (I) Craft something and ask the public to respond to it (2) Meet with the public and listen to their concerns, then craft something. • The public should provide an email or comment letter in writing, regarding issues they would like to address with the committee. Staff will work on determining public participation. Process - Staff explained the process for what the committee's goal is. The committee will provide policies and directions on sign code issues to create a recommendation that will go to Planning Commission (PC) and City Council (CC). Staff and the City Attorney will draft the language and present it to the PC and CC. If there is not consensus among all committee members on one recommendation, then staff will present various options. Meeting schedule - It was agreed meetings will continue to be held on Thursday at 6:00 PM. The next scheduled meeting will be on June 12 The goal is to have six meetings Page 4 of 3 Sign Code Minutes 5/1 5/08 between June 12 and October 1 Staff will provide some proposed meeting dates. Absences - If a committee member(s) is absent, recaps of missed meeting(s) will not be provided during the next meeting. However, staff or the committee chair can provide a 15 minutes re -cap outside of the normally scheduled meeting. Quorum - A quorum is not mandated but meetings may be rescheduled if less than five members confirm attendance. Decisions - There will be discussions and decisions. Consensuses are not necessary and there will not be votes taken. The issues paper should show how the recommendation and stances of the majority of the group and the reasons why they came to that decision. Draft Ordinance - Once the draft ordinance is completed it will follow the regular procedure, and go to CAP, PC and CC Minutes - There will be a record with brief minutes as if it were a committee. The order of procedures - Staff has identified areas that need to be looked at in the existing sign code. Staff requested they be informed if there are other things the committee feels they should address. Request - Photos were requested, whether good or bad. It was also recommended to bring in a sample of a 1 X 4 standard sign. Binders - Staff will provide staff reports and suggested they are kept in the binder provided by staff. The binder should be kept with members as a useful tool, and staff will also create a binder for the record. Adjourned: 7:30 PM Submitted By: Wynetta Bivens Secretary • • 1. Welcome 2. Introductions 3. "Purpose" Section 4. Overview of Legal Issues related to update Establishing "principles" to keep in mind 5. Public Participation, how, when, type, and guest experts 6. Committee Operation a. Regular Meeting Time b. Absences c. Decision Making Process d. Minutes 7. Proposed Timeline of update a. Sign within residential zones b. Temporary Signs and Misc. Signs Wall Signs (placement, quantity allowed, and design) Freestanding Signs (placement, quantity allowed, and design) Off -site signs Billboards Animated and Electronic Signs Non - conforming signs Special Considerations (Large Commercial/Industrial Properties, Hospitals, etc) c. d. e. f. g. h. 8. Other City of Tukwila Department of Community Development Jack Pace, Director Sign Code Committee Meeting #1 Date: May 15, 2008 6:00 PM -7:30 PM Council Chambers, 6200 Southcenter Blvd Tukwila, WA 98188 P. Linder, Chair Everyone Staff and Committee S. Kerslake, City Attorney Committee Everyone B. Miles, DCD Staff Jim Haggerton, Mayor City of Tukwila Washington Resolution No 1 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CALLING FOR THE CREATION OF A SIGN CODE ADVISORY COMMITTEE, AND CALLING FOR PUBLIC PARTICIPATION IN THE CREATION OF A NEW SIGN CODE FOR THE CITY. WHEREAS, the City of Tukwila recognizes that signs are vital to the continued commercial success of businesses within the City; and WHEREAS, the City's current sign code was written in 1982 and the City wishes to update its sign code to reflect current and anticipated future development patterns, as well as technological changes in the sign industry; and WHEREAS, because a city's sign code has a significant impact upon the community, the City Council desires to include Tukwila residents, businesses and property owners in the update process; and WHEREAS, the City Council finds that the subject of sign regulations does not readily fit the City's standing committee structure, and believes the updating process requires a special approach in order to craft an appropriate sign code for Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Sign Code Advisory Committee. A Sign Code Advisory Committee, hereafter referred to as the "Committee," is formed to advise in the development of a new sign code for the City. Section 2. Committee's Responsibilities. A. The Committee shall be advisory on substantive issues related to the sign code revisions. These issues include but are not limited to types of signage, placement /location of signs, design of signs, temporary signs, off -site signs, billboards, animated /electronic /holographic signs, and non - conforming signs. B. In consideration of time, the Committee shall not address the issues of code administration, appeals, enforcement, and non - aesthetic construction requirements of the new sign code. Section 3. Committee Makeup. A. The Committee shall be comprised of two Councilmembers, to be determined by the Council President; one Planning Commissioner, to be determined by the Mayor; three citizens -at- large, to be determined by the Mayor; and two business representatives, to be determined by the Mayor. B. All Committee members shall have equal standing on the Committee. The Committee shall serve as an advisory body. General consensus should be obtained by the Committee on matters related to the new sign code. C A quorum of the Committee shall not be required. C4Decuments end Settinas4 1I Usersl Desktonu (e11v1MSDATAUtesolutions\Sien Code Advisory Committee _doe Section 4. Chair. The senior Councilmember appointed to the Committee shall serve as the Chair. The Chair shall strive to be neutral and be responsible for presiding over all meetings, directing the process, and helping the Committee to arrive at consensus. Section 5. Committee Staffing. A. The Department of Community Development, hereafter referred to as "DCD," shall be responsible for staffing all Committee meetings. Other City Departments may be called to provide information to the Committee. DCD shall prepare issue papers, as necessary, to be presented to the Committee. B. DCD shall have the sole responsibility of drafting the actual code language after consulting and discussing pertinent issues with the Committee. Section 6. Record. In order to ensure that a proper record is kept, all meetings of the Committee shall be recorded by staff. All documents and items that go before the Committee shall be part of the legislative record. Section 7. Meetings. The Committee shall strive to limit its meetings to a total of 12 meetings, with the first meeting being devoted to organization and administrative functions of the Committee. The Committee shall determine a regular meeting date, time and place. All Committee meetings shall be open to the public. The Committee and DCD shall attempt to reach out to groups that may have an interest in sign issues and invite them to observe and provide pertinent discussion on signage issues. Section 8. Schedule. The Committee shall conclude its recommendations by September 1, 2008 (or sooner). The Committee shall have an opportunity to discuss their recommendations at a joint meeting of the City Council and Planning Commission. PASSED BY THE CITY CO(JN,,C� OF THE CTTYgy TUKWILA, WASHINGTON, at a Regular Meeting thereof this Li �! day of ` r t4C. r j , 2008. ATTEST /AUTHENTICATED: J APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: - 30 -o F Passed by the City Council: Resolution Number: C:1Documents and SettinpWl Users\ Da14op1Rd1y1MSDATA1Resolutions \SiVI Code Advisory Committeadoe 1:06f•4.n I/1 f/2nna Paee 2 of 2 • • • • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director TO: Sign Code Advisory Committee FROM: Brandon J. Miles, Senior Planner) RE: Visual Dictionary • DATE: May 7, 2008 Planning staff has prepared a visual dictionary to assist the Committee during the update process. The attached photos represent many of the common types of signs found in the area. Additional photos will likely be added to the dictionary as we move through the update process. If any of the Committee members have any pictures of signs which should be included in the dictionary, please feel free to provide them to staff for distribution. Sign Code Advisory Committee May 15, 2008 Meeting #1 • • • • Why do we have sign regulations? • • Safety Aesthetics Community Image Why? • • • Purpose Section A "purpose" section of a sign code indicates the City's intent when it adopts specific legislation and can assist in clarifying ambiguities or unforeseen circumstances. • • • i:40 titt. �i��5t [iylsi §l • Tukwila's Existing Purpose Section To establish standards and guidelines for the design, erection, and installation of signs and other visual communication devices so that the streets of Tukwila ma a • .ear orderly and safety may be increase b minimizing clutter and �s rac ion. To establish administrative procedures for the implementation of this code. 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. • • • • SeaTac's Purpose Section The purpose and scope of this code is to protect the health, safety, property and welfare of the citizens of the City of SeaTac (hereafter "City"), by establishing standards for the design, placement, size and maintenance of all signs and sign structures in the City. Furthermore, it is the purpose of the regulations, standards and criteria of this code to permit and encourage the design of signs which are responsive to the needs of the public in locating a business establishment by identification, address and product and /or services information. • • Auburn's Purpose Section The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by - . ntrallingthe construction, location, use and aintenance . f all signs and sign structures. It is also th - '• _ is chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. • • • Seattle's Purpose Section A. To encourage the design of signs that attract and invite rather than demand the public's attention, and to curb the proliferation of signs; B. To encourage the use of signs that enhance the visual environment of the city; C. To promote the enhancement of business and residential properties and neighborhoods by fostering the erection of signs complementary to the buildings and uses to which they relate and which are harmonious with their surroundings; • • Seattle Purpose Section Cont'd El D. To protect the public interest and safety; L E. To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction; and ti F. To provide opportunities for communicating information of community interest. 6 ,7?-)0,41e • • • • .pr -;ice _ . 2 i( Discussion • • Visual Dictionary A. Freestanding Signs, Pages 2 -4 B. Wall Mounted Signs, Pages 5 -8 C. Window Signs, Pages 9 -10 D. Temporary Signs and Misc. Signs, Pages 11 -13 • • Freestanding Signs • Low Profile (under five feet in height) Monument Sign • High Profile (over five feet in height) Monument Sign • Pole Sign • Freeway Interchange Sign • Billboard and an off - premise sign • • • Low profile monument sign. Freeway Interchange Pole Sign High profile monument sign Pole Sign • • • f . 1 ( 1 1110, "iil�'!- (11i''j;_l'i Freestanding Billboard: A billboard is considered a freestanding sign and an off - premise sign • • • Wall- Mounted Signs • Wall sign with race ways • Wall sign with channel cut letters • Wall sign with neon lettering • Projecting Wall Sign • Roof -Top Signs • Blade Signs • • • Wall sign utilizing a race way Wall sign using neon letters Wall sign utilizing individual channel letters 20&217.0900 r Wall sign on an awning • • • Projecting Wall Sign Blade Sign • • 7 , A , a.m., , ...,-.1 , 1 V E L:: D - - r - 11 ... .. . gN t au, tu c / t ti 41 , ;,7 Mr:Pri?k,p5m5,,q....i.vcov!,,,-,t,-.-x,„--1,n, , ' -- ', ".r ' ' n :. ' .* '17L` \ 'Z ''''. ''''' ...' ' ''. ' ' '"' — ' ' .- — ' - ' ---- Rooftop Sign • • Rooftop Sign • 8 Window Signs • Permanent Window Signs • Semi - Permanent Window Signs • Temporary Window Signs • • • Order To t;o [206) )71 Permanent Window Sign Semi - permanent window sign Temporary Window Signs 1 a. .. - ....: ra_AsA 10 ® • • Temporary Signs /Misc. Signs • Banner • Carnival Like Device • On -Site Real Estate Sign • Off -Site Real Estate Sign • Political Sign • "A" Board or Sandwich Board Sign • Internal Informational Sign • Shared Directional Sign 11 • • • Banner On-Site Real Estate Sign 4206-: Carnival Like Object Off-Site Real Estate Sign 12 • • • i Political Sign Internal Informational Sign "A" Board, aka Sandwich Board D Pr ('iii'pon i(l. Shared Directional Sign 13 • Attachment C (08/19/2010 Brandon Miles - SIGN CODE MINUTES 06- 12- 08.doc Page 1 Committee Members Present: Pam Linder, Councilmember; Verna Griffin, Councilmember; Allan Ekberg, Planning Commission Member; Mike Hansen, Sabey Corporation; Andrew Ciarocchi, Westfield Southcenter; Thomas McLeod, City Resident; Ricardo Frazer, City Resident Absent: Betty Gully, City Resident SIGN CODE COMMITTEE MINUTES JUNE 12, 2008 Staff Present: Shelley Kerslake, City Attorney; Jack Pace, DCD Director; Brandon Miles, Senior Planner; Teri Svedahl, Administrative Support Assistant Chair Linder opened the meeting by extending a welcome to everyone and she asked the committee members to introduce themselves. She also asked for introductions from the two citizens in the audience. Brandon Miles reiterated the Purpose of the sign code. He also pointed out that staff should craft the language of the sign code to provide an avenue for businesses to advertise their business while still adhering to the sign code. Chair Linder stated she wants to make sure the language of the sign code ensures that Tukwila businesses feel included and partnered with the City. The following is an additional suggestion that was made for language to use in the Proposed Purpose Section: Change the wording from "...to promote the public health ", to "...to protect the public health" All Committee members agreed that "A" signs within the right of way should be looked at seriously and the code should be written to ensure pedestrian and wheelchair access not be hindered. It was clarified by staff that signs cannot block sidewalk access. VO/ IUlLV I V) 01 al!UVII IVIIICJ - OIVIV IiVUC IVIIIVIJ I CO VV IL rayC L Page 2 of 2 Sign Code Committee Minutes June 12, 2008 Designated "Banner" areas around the City which could be used by the City and city residents, yet maintained and monitored by the City Ban all signs in the medians The decision was made that staff will look into the possibility of designated banner areas. Ideas and suggestions which were made: Personalized community signs with a removable board which reads of current events within that particular neighborhood Limit political temporary signs to 60 days as opposed to the original 90 days, with language written into the code to clarify the 60 days based on the Primary date It was agreed that, for temporary signs, removed by sunset would be difficult to enforce, yet the size of the sign, and the duration it is in place, should be regulated. Chair Linder closed the meeting by stating the next meeting will be July 10, 2008, with permanent signs the priority, and that all meetings will be no longer than 2 hours. • C. Background Information 1. How wall area is calculated 2. Signs in the ROW Sign Code Committee Meeting #2 Date: June 12, 2008 6:00 PM -8:30 PM Council Chambers, 6200 Southcenter Blvd Tukwila, WA 98188 A. Welcome P. Linder, Chair B. Purpose Section B. Miles D. Signs in Residential Zones. E. Preview of next meeting's topic(s) F. Upcoming Schedule G. Other B. Miles S. Kerslake B. Miles B. Miles B. Miles Page 1 06/06/2008 C:\DOCUME -1\ scott- k\ LOCALS--1 \Temp\XPGrpWise\Agenda, 2008.06.12.doc Memorandum TO: Sign Code Advisory Committee FROM: Brandon J. Miles, Senior Planner RE: Purpose Section of the new Sign Code DATE: June 5, 2008 At the first meeting of the Sign Code Advisory Committee (Committee), staff presented the City's current "purpose" section of the existing sign code. The "purpose" section of the sign code indicates the City's intent when it adopts specific legislation and can assist in clarifying ambiguities or unforeseen circumstances. Staff also presented the purpose sections for the sign codes for Seatac, Auburn, and Seattle. • Following the Committee's discussion from the first meeting, staff has crafted the following purpose section for consideration by the Committee. Proposed Purpose Section The overall purpose of this Code is to enhance the City's aesthetic character, to promote the public health, safety and general welfare and to increase the effectiveness of the visual communication in the City. To this end, the following more specifically articulate this purpose: 1. Signs that attract and invite rather than demand the public's attention and along the City's streetscapes. 2. City streets that appear orderly and safe because clutter is minimized. 3. Signs that enhance the visual environment of the City because they are in harmony with building architecture and landscape design. 4. Business identification that is not hindered by regulatory standards. 5. Typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. High quality construction materials, fine architectural detailing, harmonious proportionality, and serve a pedestrian environment. B. Miles Page 1 06/11/2008 C:\DOCUME-1\ scott- k\LOCALS -1 \Temp\XPGrpWise\Purpose Section.doc • I. Issue Signage within the City's residential zones. II. Background Sign Code Advisory Committee Meeting #2 June 12, 2008 It seems like an oxy -moron to think that signs exist or are needed within residential zones. Most discussions related to sign regulations are limited to commercial and industrial zones. However, signs are very prominent within residential zones and play an important role in residential zones. The City has three residential zoning categories, Low Density Residential (LDR), Medium Density Residential (MDR), and High Density III Residential (HDR) (Attachment A: Mapping of all Residential Property in the City). The dominant use within the LDR zone are single family homes, however single family homes can also be found in the MDR and HDR zones. Multi- Family complxes are a permitted use within the MDR and HDR zone (Attachment B: Map of all MDR and HDR Zoned Property in the City). Multi- Family structures include duplex and triplexes as well as larger apartment buildings. There are uses within residential zones that have signage needs that resemble the signage needs of commercial businesses. The City's schools, religious institutions, and parks use freestanding and wall signs (Attachment C: Institutional Uses in LDR, MDR, and HDR Zones). The freestanding sign at Foster High School utilizes an electronic message board to convey messages to the student body and public. There are also businesses such as home occupations, day -cares and bread and breakfasts which are allowed within residential zones. Single family homes utilize signs for a variety of reasons. The signs at single family homes can be utilized for a commercial speech such as to advertise a home for sale or a garage sale; or the signs can be utilized for a non - commercial speech such as political signs. The City also contains numerous apartment complexes that utilize signage to advertise the name of the building and to advertise available units (Attachment D: Apartment Complexes within MDR and HDR Zones). B. Miles Page 1 06/11/2008 C:\DOCUME - 1\scott- k\LOCALS --1 \Temp \XPGrpWise\Issue Paper, Residential Zones.doc Below is a brief overview of the types of signs typically found within the City's residential zones. On- Premise Real- Estate Sign Off- Premise- Real Estate Sign Wall Mounted Apartment Sign Freestanding Apartment Sign Freestanding City Signs Freestanding School Sign This on- premise real estate sign is displayed by attaching the sign to stakes and placing the sign in the ground. This would be an example of incidental signage. Off - premise signs are typically used at busy traffic intersections to inform individuals of the specific location of a home for sale. These signs are often illegally placed in the City's right of way. This type of sign would be an example of incidental si:na :e. The sign to the right is a building mounted wall sign located within the City. Freestanding signs are commonly used to denote the name of an apartment complex. The signs are typically used to denote the names of parks, fire houses and other city facilities There are two school signs shown: A freestanding sign utilizing a pole and a freestanding sign on the adjacent wall. B. Miles Page 2 C:\DOCUME -1 \scott- k\LOCALS -1 \Temp \XPGrpWise\Issue Paper, Residential Zones.doc 06/11/2008 S Freestanding Church Sign The readerboard to the right is considered a freestanding sign. f "A" Board The board to the right is being n s used to advertise an open 'r„' ° house. This would be an 1 example of incidental signage. a ti Fz Political Sign Political signs usually are prevalent prior to and shortly elections. However, not ^ ^ all political speech is tied to ° °°"s .�.. an election. For example a ,Ii .- -, - sign saying "US Out of Iraq" could also be considered a i `'�� Political Sign. Political signs are an example of incidental si:na:e. • The City regulations for signs within residential zones are found in various parts of the existing sign code. III. Existing Regulations Regarding Incidental Signage within Residential Zones The Sign Code section, "Exceptions, Permits not Required" (TMC 19.12.050) lists specific exemptions for when permits do not need to be obtained. Exemptions relieve an individual from having to obtain a sign permit. However, an exemption does not relieve an individual from the requirements of the sign code. Many of the exemptions are for incidental signs typically found in residential zones. These exemptions included: • Real estate signs which offer the immediate premises for sale, lease or rent when the sign is less than six square feet in size. This section also permits "A" board to be displayed when the agent or seller is on -site (TMC 19.12.050 (4)). • Bulletin boards not over 12 square feet in area for each public, charitable or religious institution when the sign is located on the premises of the institution (TMC 19.12.050 (8)). B. Miles Page 3 06/11/2008 C:\DOCUME -1 \scott- k\LOCALS-1 \Temp \XPGrpWise\Issue Paper, Residential Zones.doc • Political signs, posters, or bills provided they are less than 32 square feet in area for a single sided sign or 64 square feet total for a double sided sign. The signs may be displayed ten days past either a primary or general election. Signs that are more political in nature and not tied to a particular election may be displayed for an indefinite period of time. Political signs must be placed on private property (TMC 19.12.050 (13)). • Signs for community service and fraternal organizations (TMC 19.12.050 (15)). IV. Existing Regulations Regarding Permanent and Temporary Signage in Residential Zones Permanent Signage Residential zones also contain many institutional uses which have sign needs that are typical of signs needs in commercial districts. Theses institutional uses include such uses as: schools, parks, the Tukwila Community Center, religious institutions, fire stations, and libraries. These uses are permitted within all residential zones via a conditional use permit. Institutional uses or organizations dedicated to education and /or public service are permitted to have one freestanding and one wall sign. An additional sign, either a wall sign or freestanding sign, is permitted for each additional street frontage. For example if a school has one street frontage it would be permitted a total of two signs, one freestanding and one wall sign. However, if the school is bordered by two public streets it would be permitted a third sign. Multi - family complexes are only permitted to have one sign, either a freestanding or wall sign. No sign (either freestanding or wall sign) can be greater than 50 square feet in size at institutional uses. A freestanding sign at an institutional use cannot exceed 16 feet in height. The City's MDR and HDR zones also contain a large number of apartment buildings. Each multiple - family development is permitted one sign not to exceed 32 square feet in size. The maximum height of the sign shall not exceed five feet in height. Another sign issue that is strictly limited to residential zones is signage for home occupations. Home occupations are outright permitted in all residential zones. In 2007, the City Clerk's Office had a total of 170 home occupations licensed in the City. The City applies specific limitations on how home occupations can operate, one limitation is that the home occupation does not negatively impact the surrounding residential development (TMC 18.06.430). The City's existing sign code permits a home occupation to display a single non - illuminated wall plague of not more than 1.5 square feet in area. B. Miles Page 4 06/11/2008 C:\DOCUME- 1\scott- k\LOCALS --1 \Temp \XPGrpWise\Issue Paper, Residential Zones,doc 0 Temporary Signage Schools, churches, and other uses within residential zones tend to use banners and other similar advertising devices to denote upcoming special events. The City's current regulations allow one banner not to exceed 64 square feet to be displayed for up to 30- days per quarter. The use of balloons, inflatable objects, and other similar devices is strictly prohibited. Incidental vs. Temporary Signage Incidental signage such as garage sale signs, real estate signs, and political signs could be considered temporary signage. However, for now, staff is considering these to be two distinct categories. Incidental signs are made to be temporary, they become weathered and worn after they have been outside for an extended period of time. However, incidental signage can be displayed for an indefinite period of time. Take for example a real estate sign, in a booming market the sign could be put up and taken down in a matter of days; but in a down market, the sign could languish for months or years. In contrast signs that are considered temporary are allowed for a prescribed time period. Additionally, signs considered incidental do not require permits, temporary signs do require a permit. • V. Analysis of Sign Issues within Residential Zones The City's Comprehensive Plan notes that the City's residential neighborhood features should have a "small town" character. The design, number, and quality of the signs located within residential zones can promote or detract from the City's goal of creating neighborhoods that have a small town character. After reviewing the existing code, staff has identified five specific topic areas regarding signage that need to be addressed within residential zones. These topic areas include: A. Regulations regarding incidental signage (real estate, political, garage sale signs, etc.) B. Consistency of Regulations for Multi - Family and Institutional Uses; C. Aesthetic requirements for freestanding signs; D. Size limitations for wall signs; E. Clarify what types of temporary and event signage is allowed within residential zones. B. Miles Page 5 06/11/2008 C:\DOCUME -1\ scoff- k\LOCALS- 1 \Temp\XPGrpWise\Issue Paper, Residential Zones.doc A. Regulations regarding incidental signage (real estate, political, garage sale signs, etc.; Common Examples of Incidental Signage As noted above, the City's existing sign regulations permit real estate, political, and home occupation signs to be displayed on all single family residences in the City. At the first meeting of the Sign Code Advisory Committee the City Attorney provided a briefing on the current legal environment related to signage. The City's current sign regulations appear to be based solely on content. Setting aside the legal issue such regulations pose, the current sign regulations have unintended consequences in that certain common signage is not mentioned as being allowed within residential zones. For example the City's sign regulations do not mention garage sale signs. A literal reading of the code would conclude that such signage is not permitted. Additionally, if a little league baseball player who participates in Tukwila Little League wanted to display a sign denoting upcoming league registration such signage would not be allowed. At the first meeting of the Committee, the City Attorney noted the strict limitations that the City would face in attempting to regulate signage based on content. Besides the legal issues with regulating sign content, it is also very difficult to do from a practical standpoint. The City can not anticipate every sign that might be displayed at a single - family home. Instead of trying to anticipate the content of signage, the City could provide specific standards for signage at single family homes. For example the City could limit the number of signs displayed at a single family home, the size of the sign, the location of the sign and the duration that the sign is displayed. B. Miles Page 6 06/11/2008 C:IDOCUbIE -1\ scoff- k1LOCALS-11Temp\XPGrpWise\Issue Paper, Residential Zones.doc B. Consistency of Regulations for Multi - Family and Institutional Uses Exam le of si ns found at multi -famil complexes and institutional uses: A multi - family complex is only permitted to have one sign. Several of the City's apartment complexes are very large and border multiple streets. Limiting these apartment complexes to one sign limits their ability to be identified on streets where there may be an entrance. These signs typically aid visitors in locating the apartment complexes. A multi - family complex would be defined as any structure that contains at least five units. Duplexes, triplexes, and quadplexes would not qualify for the signage permitted at larger apartment buildings. Duplexes, triplexes, and quadplexes would be permitted certain types of incidental signage as outlined in the recommendation section. Institutional uses are allowed to have one freestanding and one wall sign; an additional sign either a freestanding or wall sign is allowed for each street the use borders. Theoretically, an institutional use that borders four streets could have a total of five signs (two signs allowed outright, and one additional sign for each street frontage). It would seem appropriate to limit the additional signage to be along streets to which provide access to the use. For example a use which borders four streets, but only two streets provide access would be permitted to have three signs (two signs allowed outright, and one additional sign for the second street that provides access). B. Miles Page 7 06/11/2008 C:\DOCUME —I\ scoff- k\LOCALS --1 \Temp\XPGrpWise\Issue Paper, Residential Zones.doc C. Aesthetic requirements for freestanding signs 1. Height 2. Style and size of sign 3. Illumination Examples of freestanding signs in residential zones: The City regulates the height, area, and setback of the sign, but provides no guidelines on the overall appearance of the sign. The City also provides no regulations on how the signs can be illuminated. In order to preserve the character of residential zones it would seem prudent to provide additional design standards. 1. Height: The City should consider restricting the height of freestanding signs within residential zones. Tall signs attempt to grab people's attention. The main purpose of tall signs is to allow motorists to see in sufficient time to make decisions before actually reaching the property. In residential zones where the speed limit is very low, tall signs do not assist the traveling public. In comparison, a short sign in a residential zone would be at eye level of a driver in a car. In order to view the sign the motorist would only have to glance either left or right. With a taller sign the motorist would have to look left or right and then up. While only a split second difference, that split second would be a paramount safety issue around a school when kids are present. 2. Style and size of Sign: Using a sign with a single pole for support would not seem appropriate for a sign that is lower to the ground because of the proportions of the sign to the pole. Signs have a solid base or multiple support columns would seem appropriate for shorter freestanding signs. Additionally, in order to make the signs proportional and to enhance the City's character, the area of the freestanding signs should also be controlled. B. Miles Page 8 06/11/2008 C:\DOCUME -1 \scott- k\LOCALS-1 \Temp \XPGrpWise\Issue Paper, Residential Zones.doc S • 3. Illumination: How signs are illuminated also needs to be addressed in the new sign code. Trespass lighting, which is unwanted lighting that spills over onto adjacent property should be prohibited. Lighting also plays an important role in the aesthetic character of the sign. An interesting lighting technique in providing illumination for freestanding signs is the use of indirect illumination. Indirect illumination uses lights, usually placed in the ground or above the sign, to provide illumination for the sign. Instead of the sign shining light outward, the lights on the ground or above the sign shine light at the sign. Besides reducing trespass lighting, this method is very sophisticated. Example of indirect illumination: D. Size limitations for wall signs In commercial and industrial zones the area of a wall sign is determined using a formula based on the size of the wall where the sign is located. Thus, the larger the wall the larger the wall sign can be. However, the City stipulates a maximum size for wall signs that are permitted within residential zones. Unlike commercial and industrial zones, the size of a wall sign in a residential zone could be disproportional to the wall area. It would seem appropriate to utilize the existing formula used in commercial and industrial zones in residential zones as well. However the City should recognize that large wall signs should not be allowed in residential zones and thus continue to cap all wall signs in residential zones to 50 square feet. B. Miles Page 9 06/11/2008 C:\DOCUME- 1\scott-k \LOCALS -1 \Temp \XPGrpWise\Issue Paper, Residential Zones.doc E. Clarify what types of temporary and event signage is allowed within residential zones Temporary Signage: Institutional and multi - family complexes regularly use temporary signage like banners and other similar devices to advertise special events and special promotions. The current requirements for temporary signage provide very little flexibility to institutions or multi- family complexes. For example, the existing code allows one banner not to exceed 64 square feet per property for up to 30 -days. Installing one temporary banner would be a limitation for a property that borders on more than one street, for example Foster High School. It would seem warranted to allow uses that border on multiple streets to have multiple temporary signs. Special Event Signage: Community events occur on a regular basis at the City's schools, parks, and religious institutions. Event organizers sometimes desire to utilize balloons, wind objects, and other unique sign devices. These events are typically temporary in nature and the signs are removed when the event has been concluded. As noted, the City's current sign regulations prohibit such event signage and should be changed to recognize the need. VI. Recommendations Staff has the following recommendations for parcels of land that are located within the City's residential zones (LDR, MDR, or HDR). A matrix comparing the current code to the recommendations provided below is attached at the end of this document. A. Regulations regarding incidental signage (real estate, political, garage sale signs, etc) 1. One wall mounted plaque not to exceed 1.5 square feet in size. Alternative(s): These type of signs could be prohibited within the City's residential zones. The size of the sign could also be increased or decreased. Staff's proposal is identical to the City's current standards, except that the content of the sign is not restricted. 2. Temporary signage not exceeding six square feet, provided the signs are erected not more than 90 -days prior to an election and removed within five days following the election. Alternative(s): B. Miles Page 10 06/11/2008 C:\DOCUME -1\ scott- k\LOCALS -1 \Temp\XPGrpWise\Issue Paper, Residential Zones.doc 0 S The number of incidental signage allowed on a site could be limited. Thus only one sign, either a real estate, political, garage sale, etc would be allowed on each parcel of land. Such code policy would be easy to enforce, however, such a limitation would present certain practical issues. During election season, some individuals install multiple political signs for multiple candidates (President, Governor, Senator, etc) on their properties. By restricting the number of signs allowed, the property owner would have to pick which sign to display. Additionally, some households support different candidates for the same office. 3. One temporary sign no to exceed six square feet, provided the sign is removed within 15 -days from the sale, lease, or rental of the property or within seven days of completion of any construction or remodeling. An additional sign may be installed for each street that directly borders the subject parcel. Alternative(s): 4. One temporary sign not exceeding four square feet in area which is erected for a maximum of eight days in any calendar month and is removed by sunset on any day it is erected. Alternative(s): The number of days could be modified, either increased or decreased. Additionally, the number of signs allowed could also be adjusted. B. Consistency of Regulations for Multi- Family and Institutional Uses Multi- family complexes (at least five units) and institutional uses will be permitted to have the same number of signs. Multi- family and institutional uses would get one wall sign and one freestanding sign. One additional sign, either a freestanding or wall sign would be permitted for each public street that provides an entrance to the multi- family complex or institutional use. Alternative(s): The size of the sign could be increased or decreased. The number of sign could also be modified. The City's current regulations provide no limits on the number of signs permitted on the property. The Committee could choose to keep the current code language. The Committee could also choose to explore the parameters that would determine when additional signage is warranted. B. Miles Page 11 06/11/2008 C:\DOCUME-1\ scoff- k\LOCALS- 1 \Temp\XPGrpWise\Issue Paper, Residential Zones.doc C. Aesthetic requirements for freestanding signs 1. Height: Currently the maximum permitted size for a freestanding sign in residential zones is 16 feet for institutional uses and five feet for signs located at multi - family complexes. Staff proposes that the maximum permitted height for a freestanding sign in residential zones be consistent for both institutional uses and multi - family complexes at five feet. Alternatives(s): The Committee could choose to keep the current code language. The Committee could also propose to increase or decrease the height of freestanding signs. 2. Style and Size of Sign: The use of single support structures such as a pole sign should be prohibited. Freestanding signs should use multiple support structures or a base which is at least 75 percent the length of the sign panel. The maximum sign area for a freestanding should be 36 square feet. Alternative(s): The Committee could choose not to restrict the style of freestanding signs within residential zones. The Committee could also recommend that all freestanding signs have the appearance of solid base or some other variation. The Committee could choose to retain the current size limitations found in the existing sign code. Thus, institutional uses would be permitted a maximum sign area of 50 square feet and multi- family complexes would be permitted a maximum sign area of 32 square feet. 3. Illumination: Staff proposes that indirect lighting be used for all freestanding signs within the residential zones. Alternative(s): The Committee could recommend not restricting how freestanding signs in residential zones are illuminated or could recommend that freestanding signs in residential zones not be allowed to have illumination. D. Size limitations for wall signs The size of the wall signs should have a relationship to the area of the wall area where the sign is located. This is done in commercial and industrial zones, however the City allows B. Miles Page 12 06/11/2008 C:IDOCUME-11scott- k1LOCALS- 11Temp \XPGrpWisellssue Paper, Residential Zones.doc • a sign on a school or other public facility to have a maximum size of 50 square feet. The City provides a table in TMC 19.32.140, which provides a basic mathematical formula to determine the maximum permitted wall sign allowed based on the area of the wall. Staff recommends that this formula be utilized for wall signs within residential zones. However, contrary to what is permitted within commercial and industrial zones the area of the wall sign should be capped at 50 square feet. Capping the sign area would prevent extremely large wall signs within residential zones. Alternative(s): Staffs proposal does deviate from the current code. The City could continue to allow all walls signs to be no greater than 50 square feet or the Committee could recommend a larger sign area. E. Clarify what types of temporary and event signage is allowed within residential zones Temporary Signage: One banner should be allowed for each street the use borders on. The maximum permitted size of the banner should be 64 square feet in size. This is the current size limit found in the code for temporary signs. Temporary banners should be limited to one time per quarter with the banners not to be displayed more than 30 days. Alternative(s): The City could prohibit the use of temporary signage in residential zones. However, such signage would most likely continue and would prove a difficult enforcement issue. The size of the signs would also be increased or decreased. Special Event Signage: Institutional uses and multi - family complexes within residential zones will be permitted to have a permit for "special" event signage up to 12 times per year. The permit would allow balloons, inflatable objects, wind objects, or other similar devices. The permit would be good for up to two days per event. Alternative(s): The City could continue to prohibit such special event signage. The Committee could also explore decreasing or increasing the number of times such special event signage could be utilized. B. Miles Page 13 06/11/2008 C:\ DOCUME -1\ scott- k\LOCALS -1 \Temp\XPGrpWise\Issue Paper, Residential Zones.doc Land Use Existing Proposed All Uses in residential zones • Unlimited number of • One real estate sign (Single Family, Duplexes, Apartments, Schools, Churches, etc) real estate and political signs. Home occupations 1.5 square feet wall plaque. Garage sale signs not permitted. would be allowed, additional sign allowed if bordered by a 2nd street. Sign cannot exceed 6 sq ft. Unlimited political signs allowed 90 -days before an election. Political signs cannot exceed 6 sq ft. 1.5 wall plaque allowed for all uses within residential zones. One four sq ft sign allowed to be displayed 8 times per month provided the sign is removed at sunset. Multi- Family Complexes less • One freestanding or wall • Would not be allowed than five units. sign not exceeding 32 square feet in size. any permanent signage. Multi- Family Complexes more • One freestanding or wall • One freestanding and than five units. sign wall sign. One • Height -five feet additional sign; either • Size -32 square feet max size for wall or freestanding sign. wall or freestanding allowed for each additional street that provides access to the complex. Freestanding 36 square feet max size. Size of the wall signs based on the wall area, however could not exceed 50 square feet. Churches, Schools, Parks, Community Centers and other • One freestanding sign and one wall sign. • One freestanding and wall sign. One institutional uses. Additional sign allowed for each use the street borders. Each sign is allowed to be no greater than 50 square feet. additional sign; either wall or freestanding allowed for each additional street that provides access to the use Size of freestanding signs are capped at 36 square feet. Size of the wall signs are based on the wall area, however could not exceed 50 square feet. Sign Code Matrix Existing vs. Proposed B. Miles Page 14 C:\DOCUME -1\ scott- k\LOCALS- 1 \Temp\XPGrpWise\Issue Paper, Residential Zones.doc 06/11/2008 Attachment D 08/19/2010 Brandon Miles - 7 -10 -08 SIGN CODE MINUTES.doc Page 1 SIGN CODE COMMITTEE MINUTES JULY 10, 2008 Present Mbrs: Pam Linder, Councilmember; Verna Griffin, Councilmember; Alan Ekberg, Planning Commission Member; Mike Hansen, Sabey Corporation; Andrew Ciarocchi, Westfield Southcenter; Betty Gully, City Resident and Ricardo Frazer, City Resident Present Staff: Shelley Kerslake, City Attorney; Moira Bradshaw, Acting Planning Supervisor; Brandon Miles, Senior Planner and Wynetta Bivens, Secretary Absent: Thomas McLeod, City Resident Chair Linder opened the meeting at 6:05 PM. She reminded the members of the advisory committee that they do not have to reach a total group consensus on topics. CONTINUATION FROM JUNE 12 Brandon Miles continued with discussion on item `B' from the June 12 agenda. Action items: Incidental Signage in Residential Zones: • Maximum size "real" estate signs permitted in residential zones shall be 6 ft. • Maximum size of off -site and garage sale signs shall be limited to 4 ft • Permitted use will be eight days per calendar month - NOTE: the limit on the number of days was set to be used as a tool in the event of abuse. Consistency of Regulations for Multi - Family and Institutional Uses • The majority of the committee was in consensus that they want the neighborhoods to remain the same. They are opposed to allowing signs larger than 1.5 sq. ft., which would attract more people. - One person was in favor of allowing small businesses and residential neighborhoods to have a wall sign larger than 1.5. The Committee was asked to consider a 3 foot square sign. The Committee thought that a 3 foot square sign was too large Aesthetic Requirements for freestanding signs: • The maximum permitted height for Free Standing Signs shall be 5 ft. • Permitted size of signs shall be 30 sq. ft area., with a Variance on the height; larger signs shall be set -back further from the street • The base of the sign shall have multiple support structures or have a solid base of 75 %. VO/ IU /ZU I DI dIIUUII IVIIICJ - /- IV JIV11 I.,VVC IVIIIVV I CJ.UVI: Page 2 of 2 July 10, 2003 Sign Code Minutes • The majority consensus, to permit illumination with indirect ground lighting. - One person was opposed to illumination with indirect ground Lighting because it's too limiting; - Concern was expressed there may be situations when it is not appropriate to have indirect ground lighting. Request: A request was made to see what non - ground level indirect lighting in a residential area would look like. Size limitation for wall signs: • Maximum size for wall signs shall remain at 50 sq. ft. in residential zones, but must be qualified based on wall area allowing a sign to be 5% of the wall space; the more wall space the larger the sign can be, on a sliding formular. Request: Provide clarifying description of permitted use. - Request: Re -visit illumination of wall signs, and also look at how it affects apartment buildings - address first on July 31" agenda. Types of Temporary and Event Signage allowed within Residential Zones: • Additional banner(s) allowed for each street front. • Maximum of 12 times per year, four days per event for Special Event Signage. - Request: Inform people that permits are required. Concern was expressed regarding selective enforcement and application pertaining to Special Event Signage. Staff will address how to make the process fair and user friendly for everyone. When the Sign Code proposal goes to City Council staff shall provide a chart with four columns showing the following: • Existing Code / Staff Proposal / Advisory Committee Proposal / Planning Commission Proposal Remaining Meeting Schedule: • July 31 Illumination of Wall Signs; Animated and Electronic Signs; Commercial Signage • August 21 Commercial Signage and Wall Signs; Misc. and Temporary Signs at commercial properties. • September l I st Billboards Non - Conforming Signs • September 18 Special considerations Miscellaneous discussion: There was a suggestion of Tukwila creating a Wall Theatre district, an area for animated signs to, advertise, entertainment, attracting people, etc. Adjourned: 7:40 PM Submitted By: Wynetta Bivens Secretary r a ye • • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Sign Code Committee Meeting yr 3 -B , 6:00 PM -8:00 PM Council Chambers, 6200 Southcenter Blvd Tukwila, WA 98188 A. Welcome (5 mins) B. Incidental Signage in Residential Zones (20 mins) 1. Size of "real" estate signs 2. Size of off -site and garage sale signs C. Consistency of Regulations for Multi - Family and Institutional Uses (15 mins) 1. Number of permanent signs allowed at schools, apartment building, etc. D. Aesthetic Requirements for freestanding signs (30 mins) 1. ,.. : Height 2. Requirement for a "base" and size of sign 3. Illumination E. Size limitation for wall signs (20 mins) F. Types of Temporary and Event Signage allowed within Residential Zones (20 mins) 1. Number of banners allowed 2. Special Event Signage G. Tentative Remaining Schedule (10 mins) July 31 Animated and Electronic Signage Freestanding and Wall Signs -First Discussion August 21 Freestanding and Wall Signs September 11 Billboards Non - Conforming Signs September 18 Special Considerations (Large Commercial/Industrial Properties, Hospitals, etc) B. Miles Page 1 H: \Sinn Code Undate\Aaendas\Agenda, 2008.07.10.doc 07/03/2008 • • • TO: Sign Code Advisory Committee FROM: Brandon Miles, Senior Planner RE: Meeting #3, "Action Items" DATE: June 29, 2008 Introduction Meeting #3 of the Sign Code Advisory Committee (Committee) will be a continuation of the agenda from meeting #2. Please bring your binder and staff reports to the meeting. In order to facilitate smooth meetings, staff will prepare two write ups for each topic area that is being discussed by the Committee. The first item will be similar to what was prepared at the last meeting, a detailed discussion regarding issues related to signage in residential zones; the second write -up will be an "action" memo detailing the items that staff would like to have direction on upon completion of the meeting. Action Items for Meeting #3 Staff would like to have the following items addressed by the Committee prior to the conclusion of Meeting #3. Each of the items listed below are discussed in greater detail in the Committee's packet for meeting #2. Signage within Residential Zones Regulations Regarding incidental Signage (real estate, political, garage sale signs, etc) • Clarify the maximum permitted size of a sign to be displayed when a property in a residential zone is for sale, rent or lease. Staff suggests that the signs be limited to six square feet. Attached to this memo is Attachment A which shows photos and measurements for various real estate signs within the City. The average size of these signs was 5.8 square feet. • Clarify the size of signage allowed to be displayed for a total of eight times per month intended for garage sale and off -site residential signs. Staff proposes that these signs be limited to four square feet. Consistency of Regulations for Multi- Family and Institutional Uses • Determine the number of signs permitted for multi - family complexes and institutional uses. Staff proposes that both uses be permitted to have the same number of signs. Multi family and institutional uses would get one wall sign and one freestanding sign. One additional sign, either a freestanding or wall sign would be permitted for each public street that provides an entrance to the multi family complex or institutional use. Aesthetic requirements for freestanding signs ■ Discuss the maximum height for freestanding signs. Staff proposes that the maximum permitted height for freestanding signs in residential zones be lowered from 16 feet to five feet. ■ Provide guidance on the style and area for freestanding signs in residential zones. Staff proposes that multiple support structures be used or that the signs have a base which is at least 75 percent solid. The maximum permitted size for a freestanding sign would be 36 square feet. • Discuss what if any types of lighting would be allowed for signs in residential zones. Staff proposes that indirect lighting be the only method permitted for lighting of signs in residential zones. • Discuss size limitations for wall signs in residential zones. Staff proposes that the size of wall signs be based on the size of the wall where the sign is being installed, up to a maximum permitted size of 50 square feet. Clarify what types of temporary and event signage is allowed within residential zones ■ Provide clarification on what if any types of temporary signage would be allowed in residential zones. Staff recommends that temporary banners be allowed for institutional uses within residential zones. The maximum permitted size of the sign would be 64 square feet, however one banner would be allowed for each street the use fronts on. The sign can be displayed up to 30 days per quarter. • • • • • • • Discuss if "special event" signage should be allowed in residential zones. Staff suggests that institutional uses and multi family complexes within residential zones would be allowed to have special event signage. Special event signage could include balloons, inflatable objects, wind objects, or other similar devices. The signage would be allowed up to 12 times per year and up to two days per event. Attachment A: Size of real estate signs EstatalsA 1.r.1V6Vdt '180(1154-945...14 • • 3 REAL ESTATE • .P "c $ga.-"�r y ' r , ` d t�rr •1 r SIGNS 1 �� C. q _,s x,�" t M t o Z Y �"'�' b ,, r•.5+� ti it 2 i-- �4�4� �; Top section - -- Middle section Lower section Total SQ ft 18"X24" 6 "X24" 4 L , cc �4ov�ners,com` ansu t eT f 7 a3 J � : gt: ^g��r yy55 r • • • • • REAL ESTATE SIGNS Top section Middle section Lower section Total SQ ft 4 5 P ,1 ted m 1 a �� r L RS t � �; Mr wry z�ntx 't �y^,q#3� 4'C' .• ,�� Y ra ��p .' 3A '_; 1.5• ;7"'i ' '+ "� F' `'� }' =,,f/�`hN 4 �.~,> __ � ��5' A /j a`• -'�dY k ; ' .sr'- 4.', F " J eag FOR ' P atr 206)a ����. f ' y Ka �•;� ;�„ :. z 3."' k � t , �r ' 1'.� i' ! . t4 y4i. a » dT1T ,y Su' � ; i t * a fi $ 1 1 ht e SALE t t IN v;',; ; -y ick B eringerdl 3 10 7 IiwListingAgent com '� ,},� >,. y � 6 "x24" 6 „ x24 „ PRICE ] [3 "X24 [ACRE] 24 "x29.5 6n X18 n 6.67 ,[ its µ \ " . ; r i s d.. tr . + dfi$4; � ,. ) �f ("? �'r ``S �� ©1 th west x, Associates pnvVrealt w+ ... A ' `r - w '1I OiERlNfAG610 �!Fx�x' ()769 '51lT ✓ t3 f Jee CX. Y y L M1 3-5 i �Uln 4'. In k_ o menon � �� ri4 { 3 15 Ys < Eavtslde Brokers 18 "x30„ ___ 5.25 • • S • • 6 REAL ESTATE SIGNS George Graham EXCLUSIVELY Bohn !,.Scoff 425) 6.87 -2292 • Top section Middle section 24 "X24" Lower section 6 "X24" Total SQ ft 5 * Average total square footage for these real estate signs — based on this data — is 5.8 square feet. 1 Nei!$ ir cillmi 6446k. • % ei = AIM. 1. 1 • Attachment E (08/19/2010) Brandon Miles - 7 -31 -08 SIGN CODE MINUTES.doc Page 1 Present Mbrs: SIGN CODE COMMITTEE MINUTES JULY 31, 2008 Pam Linder, Councilmember; Verna Griffin, Councilmember; Alan Ekberg, Planning Commission Member; Andrew Ciarocchi, Westfield Southcenter; and Ricardo Frazer, City Resident Present Staff: Moira Bradshaw, Acting Planning Supervisor; Brandon Miles, Senior Planner and Wynetta Bivens, Secretary Absent: Thomas McLeod, City Resident, Betty Gully, City Resident and Mike Hansen, Sabey Corporation Chair Linder opened the meeting at 6:10 PM. She expressed her appreciation to Brandon for the meeting format and told the committee if they had any suggestions to let her and Brandon know. Ms. Linder requested that those absent at the previous meeting give their opinions the issues that were continued to the July 31' agenda. Illuminated Wall Signs in Residential Zones - continued Miles provided a re -cap of the previous meeting. He said most of the issues related to signs in residential zones were worked through. The one issue that needed to be finalized was the width of wall signs in residential zones. Brandon mentioned that he drove around on a Saturday at dusk to look at the institutional uses and to see how lighting is done. He found that Cascade View Elementary, the Masonic Lodge, the Library and Fire Station 51 do not have in- direct or directly illuminated signs. The current code allows for in- direct concealed lighting and back -lit levels for wall signs in residential zones. Staff recommends no change to the existing wall sign policy in residential zones. Linder inquired whether there was some interest expressed from some of the institutions for wall sign lighting. She said the key is what you want the community to look like in 10 to 20 years. She asked if there was any way to control the testing of the brightness of the light and suggested making a note that the in- direct lighting should not be lit beyond the sign. Miles suggested policy language indicating that the lighting has to be restricted on the property around the sign. • Consensus was reached on staff's recommendation no changes to the existing wall sign illumination in residential zones. Dynamic Signs: Miles showed some examples of dynamic signs and provided an overview of dynamic signs. Staff proposed within the Commercial and Industrial Zones to continue prohibitions against signs that change more frequently than once every 24 hours. Within Residential Zones staff proposed allowing a changing message sign provided that it does not change more frequently than once every ten seconds. There was discussion concerning special consideration for the unique VV/ 1.7 /LV IV ofdiiuUii IVIIICJ - 1 J I JIVIV L, JLJC IVIIIVV I CJ.UUL rdye z Page 2 of 3 July 31, 2008 Sign Code Minutes situations, such as certain types of regulations for certain parts of the City and some types of property with different types of characteristics. Ekberg mention the possibility of an entertainment district. He also expressed an interested in having regulations for unique types of situations and limiting the type of dynamic signs. He suggested that the dynamic signs have displays such as a television style type of image that changes. • Linder suggested looking at what some of the neighboring Cities codes look like, such as Bellevue Square, and Issaquah. Lincoln Square was also suggested. Ekberg suggested looking into allowing a certain limitation size of dynamic signs. Linder asked if there was an interest to break the City up and having different codes for different She suggested taking the ideas and find out how it's going to be use and then go back and look at the appropriateness. Brandon pointed out it needs to be determined how dynamic signs would function in a pedestrian environment, the goal of the urban center is to have Cinergy and walk ability. The number of signs need to be considered, as well as, what happens if you allow this code and do not like it. • There was consensus on the recommendation for allowing dynamic signs for institutional uses. • Interest was expressed in looking at allowing dynamic signs in some of the commercial portions of the City, which raises the issue if it is allowed, should it be a percentage of the sign as opposed to the total sign area. Commercial and Industrial Non - Residential Zone Brandon talked about what businesses and residents want the City to look like and why have signs. There was discussion regarding areas of the City that have different sign needs, Tukwila International Blvd. Linder mentioned Council will be looking at this next year and it might be pre- mature to do much with it, she will bring it up with Council. What the vision is for TIB was raised as an important consideration for the type of signage to allow. Request — Fraizer asked to see what the NCC looks like in other areas. Linder suggested including some examples that are not particularly good in order to see what you want or do not want. Tukwila Urban Center There was a willingness expressed to consider allowing signage along a building or blank wall that have no entrance. Bradshaw mentioned another thing to consider is that the City tries hard to encourage developers to create pedestrian friendly environments. The major pedestrian environment is long the sidewalk and street, should signage be allowed on a blank wall if you really want it to be an active wall along the streetscape. 1 (08/19/2010) Brandon Miles - 7 -31 -08 SIGN CODE MINUTES.doc Page 31 • • • Page 3 of 3 July 31, 2008 Sign Code Minutes - There was an interest for there to be some type of signage for the businesses along Minkler even if there are not entrances. Linder commented that she does not want to punish people who have a complex with their entrance turned off of Minkler because she really likes the way they did it oppose to a strip mall style. Request — Ekberg would like to see some signage along Minkler that advertises all of the Businesses. Request — Linder would like to look at the ones on minkler Uses or characteristics - There was an interest for some type of flexibility provided to allow additional free - standing signs for large properties with multiple entrances? Linder asked to see some examples of a picture and a size. Ekberg pointed out two signs that he wanted to see side by side and a pole sign be put in for the Wig property. Ekberg also suggested considering a free - standing sign, asking what the configuration is. Interurban Ave. Request - a better map that shows a closer up view of Interurban and for TIB for each are, take overlapping pictures._ Linder 1 option is to have Interurban Ave be similar to TIB. Ekberg suggested looking at Interurban in two sections, north and south. Bradshaw said it would be very helpful to get some direction regarding whether there should be changing standards for when a pole sign is allowed versus a monument sign, which of these commercial areas should be moved toward monument only areas as opposed to monument pole free- standing signs. Linder would rather see monument signs on 1 -5 - 42 "d going north to the Community Center. Brandon said it needs to be taken into consideration as freeway signs are regulated, what image is being presented of Tukwila as people pass through the City. East Marginal Way Request Linder — Examples of pictures of how Kent West Valley going south signs were done. Request Ekberg asked that Brandon send him an email with the locations..... Adjourned: 8:10 PM Submitted By: Wynetta Bivens Secretary • Department of Community i' evelopment Jack Pace, Director Sign Code Committee Meeting #4 Date: July 31, 2008 6:00 PM -8:00 PM Council Chambers, 6200 Southcenter Blvd Tukwila, WA 98188 A. Residential Zones (10 mins) 1. Lighting of Wall Signs (continued from last meeting) B. Dynamic Signs (30 mins) 00 c (I�+ s4-e C. Sign regulations for non - residential areas of the City (75 mins) (Discussion Only) Discuss issues for next meeting 1. Should all non - residential areas of the City be treated the same? How do signs fit with the big picture for the City's overall development? 2. Are there some areas of the City, that given their locations (i.e. next to major freeways, adjacent to residential zones, etc), require special sign needs? 3. Are there certain uses that should be regulated in a different manner given specific issues with how the use functions? D. Tentative Remaining Schedule (no discussion needed) August 21 Freestanding and Wall Signs September 11 Billboards Non - Conforming Signs September 18 Special Considerations (Large Commercial/Industrial Properties, Hospitals, etc) B. Miles - .7- T T.- .7..4...\ A —___ _1_ _\ A. _ Page 1 , _ nnnn n., Jim Haggerton, Mayo) r2c 0 M v"- e v,. ; w 07/25/2008 Analysis Options Recommendation B. Miles Department of Community Development Sign Code Advisory Committee Meeting #4 July 31, 2008 Agenda Item A Issue Lighting for wall signs at multi - family and institutional uses within residential zones. Background At the last Sign Code Advisory Committee there was a discussion on the lighting method for wall signs at institutional uses within residential zones. The Committee asked staff to look into the issue and report back to the Committee. The Committee recommended that all freestanding signs only be allowed indirect lighting. The City's current sign code allows indirect, concealed lighting, and backlit letters for wall signs within residential zones. Staff conducted a field survey of the current method of illumination for wall signs within the City and found that lighting typically is not provided for wall signs. Instead ambient lighting from other sources provides lighting to the signs. 1. No change from current sign code. 2. Provide no limitation on the illumination method for wall signs within residential zones. 3. Ban illumination of wall signs within residential zones. 4. Only allow wall signs to be illuminated if they are certain distance from residential properties. Staff recommends no change from the current sign code. The City's current sign code has allowed illuminated wall signs in residential zones for over 25 years. By limiting the lighting to indirect, concealed, and backlit lighting the impacts of illuminated sign are reduced to a minimum amount possible. It appears that wall signs within residential zones are not having an impact on surrounding residential uses. Issue Method of illumination for wall signs in residential zones. Existing Allow indirect, concealed lighting, and backlit letters. Proposed No change Page 1 Jim Haggerton,' c mrMai -)nn2 Jack Pace, Directo • • , 0 • • Illumination of Wall Signs within Residential Zones 07/24/2008 Left Cascade View Left: Tukwila Library Visual Dictionary, Meeting #4, Agenda Item A Left: Masonic Lodge Left: Fire Station #51 Issue City of Tukwila Department of Commanity Development Jack Pace, Directo, Regulations Relating to "Dynamic Signs ". Sign Code Advisory Committee Meeting #4 July 31, 2008 Agenda Item B An animated and dynamic sign are very similar to each other. The City defines an animated sign as follows: "Any sign or portion of which physically moves, appears to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or animation at frequency more rapid than once every 24- hours. Signs or portions of signs displaying a message content that is strictly limited to time, date or temperature shall not be construed to be animated. Scoreboards shall not be considered animated". When staff updates the Code it will replace the term "animated" sign with dynamic sign. The term dynamic is more encompassing and would better address any future technological changes Note: Dynamic signs would not be additional signs, but would be freestanding or wall signs permitted by the City that would include dynamic displays. Background There are a variety of technologies that are being utilized for dynamic signs. These technologies include LED displays, TV like images, tri- vision signs, and digital ink. Dynamic signs can also include flashing lights and signs that move due to mechanical manipulation. B. Miles E •U)vmanic Sians ?nd draft doc Page 1 07/24/2008 Jim Haggerton, alki • • • The City currently prohibits all dynamic signs' with the exception of signs that display time, date, or temperature. Signs that utilize electronic displays that do not change more frequently than once every 24 -hour are not considered to be dynamic signs. Analysis There has and will continue to be a push to install dynamic signs in the City. In recent years the technological advancements have lowered the cost for businesses and non- profits to incorporate dynamic displays into their signage. There are four main reasons to install dynamic signs: 1. To facilitate the display of a larger quantity of information within the limited space permitted by a jurisdiction. 2. To enhance the signs ability to attract attention. 3. To be able to conveniently change message content (i.e. the price of gas or to advertise a special). 4. In some cases to enhance the profitability of the sign itself (i.e. leasing space on signs to advertise goods or services). Municipalities throughout the State and Country have been taking a hard look at signs that utilize dynamic displays. The main two issues that are associated with dynamic signs are safety and aesthetics. Safety Staff has provided a report to the Committee entitled, "Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations" dated June 7, 2007, prepared by SRF Consulting for the City of Minnetonka, Minnesota. The report provides an overview of over a dozen studies related to safety of dynamic signs. This report provids the following conclusions: 1. Drivers who are subjected to information -rich content that is irrelevant to the driving task (such as digital advertising) may be temporarily distracted enough to cause a degradation in their driving performance. The degradation could lead to a crash. 2. The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static signs. 3. Several of the studies in the report have found a correlation between crashes and the complexity of the driving environment. For example, crash rates are higher at intersections because the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on 1 There are several non - conforming dynamic signs within the City. These include the Silver Dollar Casino, Golden Nugget Casino, Foster High School, and Tukwila Riverside Inn. All four were permitted under previous code provisions that are no longer in effect. B. Miles Page 2 07/24/2008 P•\TImr.n..... C:...... ^ 1..,7 A.... 41 �__ drivers' attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. This is illustrated by the 1994 Wisconsin DOT study that examined crash rates before and after installation of an electronic sign on a high volume curving roadway. Introduction of this sign was identified as a likely factor of the 80 percent increase in side -swipe crashes that were experienced. 4. Many of the studies noted a correlation between outdoor advertising signs and crash rates, but have not established a casual relationship between the signs and crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a direct causal relationship between outdoor advertising signs and crash rates to show that they can make the driving task more complex. While the research shows that driver distraction is a key factor in many motor vehicle crashes, this often includes many interacting factors that distract drivers. The specific driver distraction danger that advertising signs contribute is difficult to quantify. A study that could control for multiple variables (human factors, vehicle, enforcement, and the roadway environment) is needed to provide a definitive statement on the level of driver distraction that signs produce. Such a study would likely find that not all advertising signs cause a distraction that would lead to crashes, but some signs in some situations are more likely to contribute to crashes than others. One factor to remember is that most people who visit the City's commercial areas are not Tukwila residents, thus they might not be familiar with the City. It is also important to remember that speed limits are typically higher on non - residential streets. The ability to accomplish non - driving tasks is diminished as the rate of speed increases. One option to consider is allowing dynamic signs in residential zones with certain limitations which would be designed to reduce and minimize the safety issue. However, safety issues may still be present. The City's schools, fire stations and parks have expressed a desire to utilize changing message signs to advertise upcoming events. However, there are three things to consider regarding dynamic signs and safety within residential zones: 1. Drivers in residential zones are typically familiar with the area, thus adding additional external distractions such as a dynamic sign may not pose the same safety concerns as adding such signs in commercial and industrial zones. 2. The number of external distractions within residential zones is already limited unlike commercial/industrial zones where multiple properties and businesses have signs that compete for the attention of motorist. 3. Streets in residential zones have lower speed limits than streets in commercial /industrial zones. Lower speed improves response and stopping time and thus the impact of dynamic signs could be minimized. 4. The size of the dynamic sign is limited since the size of freestanding and wall signs within residential zones are relatively small (30 square feet for freestanding signs and up to 50 square feet for a wall sign). B. Miles Page 3 07/24/2008 E:\Dymanic Signs, 2nd draft.doc In 2006, the City permitted Foster High School to install a dynamic sign along S. 144 Street. The sign is visible from the intersection of S. 144 Street and 42 Avenue S. Planning staff reviewed the accident data for the intersection of S. 144 Street and 42 Ave S to see if there was any change in the number of accidents after the dynamic sign was installed. There has not been an increase in accidents at the intersection since the sign was installed. Aesthetic Considerations As with all sign regulations, the issue that the Committee needs to ask in considering revised sign regulations is "What image does Tukwila want to convey ". Signs are a very important part of that image. The City is constantly attempting to improve its built environment. The City's efforts include the Tukwila International Blvd Design Guidelines, street improvements along TIB and the Tukwila Urban Center Plan. Some things to consider with regards to aesthetics: 1. How would dynamic signs interact with allowed land uses within commercial and industrial zones? As staff has noted in the past, the City cannot regulate content. So if the City were to allow dynamic signs in commercial and industrial zones, all businesses would be eligible to install them including pawn shops, check cashing places, and adult entertainment establishments. Another thing to consider regarding dynamic signs and land use are the City's current and future mixed use zones. Residents in mixed use zones that have dynamic signs could be impacted at night by dynamic signage (i.e. brightness and noise). 2. What impact would dynamic signs have on the visual environment? Sign regulations are about leveling the playing field for businesses, one sign is typically not a problem, but multiple dynamic signs next to each other can have an impact on the visual quality of a community. Some cities have minimum spacing requirements between dynamic signs, but that would create winners and losers. 3. Would dynamic signs contribute to creating pedestrian oriented environments? The City's plan for Tukwila International Blvd and the future Tukwila Urban Center plan calls for creating pedestrian friendly environments where people are encouraged to walk instead of using cars. Dynamic signs are typically geared towards motorists and not towards pedestrians. Options: 1. Ban all dynamic signs within the City. 2. Ban dynamic signs in all non - residential zones, but permit for institutional uses within residential zones. 3. Allow dynamic signs in all areas of the City but with specific restrictions on how they operate. These requirements could include the number of dynamic signs permitted on the site, the size of the dynamic display, frequency of message change, etc. B. Miles Page 4 07/24/2008 PAThrmanir Cin «r 4. The City could allow dynamic signs with no restrictions. Recommendation Staff has the following recommendations regarding "dynamic signs ": 1. All dynamic signs will be prohibited in non - residential zones within the City, including signs that display time, date, and temperature. 2. Institutional uses in low density residential zones should be permitted to have a portion of an allowed freestanding or wall sign utilize a changing message center. a. The image on the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. The hours of operation for the sign are limited to the hours of lam to 1 Opm. Note: The standards listed above were the same standards that applied to Foster High School when they installed their sign along S. 144` Street. B. Miles E:\Dvmanic Signs_ 2nd draft dn� Page 5 07/24/2008 Issue Existing Proposed 1. Dynamic signs, (currently called animated signs) in non - residential zones. Not permitted, except for the display of time, date and temperature. Not permitted eliminate are exemptions (time, date and temperature). 2. Use of dynamic signs within residential zones. Not permitted, except for the display of time, date and temperature. For institutional uses within the LDR district, dynamic displays would be allowed subject to the following limitations: • The image on the sign may not change more frequently than once every ten seconds. • The image must appear and 4. The City could allow dynamic signs with no restrictions. Recommendation Staff has the following recommendations regarding "dynamic signs ": 1. All dynamic signs will be prohibited in non - residential zones within the City, including signs that display time, date, and temperature. 2. Institutional uses in low density residential zones should be permitted to have a portion of an allowed freestanding or wall sign utilize a changing message center. a. The image on the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. The hours of operation for the sign are limited to the hours of lam to 1 Opm. Note: The standards listed above were the same standards that applied to Foster High School when they installed their sign along S. 144` Street. B. Miles E:\Dvmanic Signs_ 2nd draft dn� Page 5 07/24/2008 • B. Miles Page 6 07/24/2008 PArk..,,;n Cirrne 7.,A .7s,.44 .7.... disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. • The hours of operation for the sign are limited to the hours of lam to lOpm. • B. Miles Page 6 07/24/2008 PArk..,,;n Cirrne 7.,A .7s,.44 .7.... • "DYNAMIC" SIGNAGE: RESEARCH RELATED TO DRIVER DISTRACTION AND ORDINANCE RECOMMENDATIONS Submitted by SRF Consulting Group, Inc. Prepared for City of Minnetonka June 7, 2007 TABLE OF CONTENTS Page No. 1.0 INTRODUCTION 1 2.0 PURPOSE OF STUDY AND METHODOLOGY 1 3.0 SELECTED RESEARCH FINDINGS 2 3.1 Expert Opinions 3 3.2 Billboards: a Source of Driver Distraction? 4 3.3 "Dynamic" Billboards: an Additional Source of 6 Driver Distraction? 3.3.1 Other Information 9 3.4 How Much Distraction Is a Problem? 10 3.5 How Does "Brightness" Affect Driver Distraction? 15 3.6 Billboard and Other Signage Regulation: a 16 Minnesota Perspective 3.7 Billboard and Other Signage Regulation: Other 16 Perspectives 4.0 SUGGESTED REGULATORY APPROACH 19 4.1 Definitions 19 4.2 Types of Regulatory Measures 19 4.2.1 Complete or Partial Prohibition of Electronic Signs 19 4.2.2 Size Limitations on Electronic Signs 20 4.2.3 Rate -of- Change Limitations on Electronic Signs 20 4.2.4 Motion, Animation, or Video Limitations on Electronic Signs 21 4.2.5 Sign Placement and Spacing 22 4.2.6 Text Size 22 4.2.7 Brightness Limitations on Electronic Signs 23 4.3 Public Review 24 5.0 CONCLUSIONS AND RECOMMENDATIONS 25 Appendix A — Current Sign Technologies Appendix B — Outdoor Advertising Sign Brightness Definitions Appendix C — Electronic Outdoor Advertising Device Visual Performance Definitions • • • LIST OF TABLES Page No. Table 1: FHWA Reanalysis of Faustman's Findings 5 Table 2: Crash Causation Summary 11 Table 3: Percentage of CDS Crashes Involving Inattention- 12 Distraction Related Crash Causes Table 4: Specific Sources of Distraction Among Distracted Drivers: 12 Table 5: Telespot Sign Crash Rates - Expressway Southbound 13 Table 6: Telespot Sign Crash Rates- Expressway Northbound 14 Table 7: Number of New Messages Displayed at Various Driver Speeds and 21 Time Intervals Between Messages LIST OF FIGURES Figure 1: VicRoads' Ten Point Road Safety Checklist 18 11 Page No. 1.0 INTRODUCTION This study was precipitated by concerns raised by the City of Minnetonka, Minnesota in regard to the installation of two LED ( "light emitting diode ") billboards along Interstate 394 and Interstate 494. The LED function was applied to two existing "static" image billboards located adjacent to the interstate. Following installation of the LED function, the City turned off the power to the signs though a stop work order based on current city ordinance prohibiting flashing signs, which is broadly defined, as well as permitting requirements for the retrofitting of the signs to the upgraded technology. The billboard owner sued the City, and the court response to this legal action as of the writing of this study has been to allow limited use of the LED billboards. A moratorium on further signage of this type was established by the City to facilitate the study of issues related to driver distraction and safety and appropriate regulatory measures for LED and other types of changeable signage. This study was undertaken on behalf of the City of Minnetonka to examine these issues. While the concerns were precipitated by LED billboards in particular, this report examines more broadly "dynamic" display signage which is defined as any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. These capabilities may be provided by a variety of technologies which are discussed later in this report. As the study progressed, additional communities within the Twin Cities Metropolitan Area, as well as the League of Minnesota Cities, expressed interest in these issues. However, it is not the intention of this report to provide a comprehensive study of all issues raised by dynamic signage, or other types of billboards, but rather to focus narrowly on the issues of concern to the City of Minnetonka. 2.0 PURPOSE OF STUDY AND METHODOLOGY Driving a motor vehicle is a complex task that requires the ability to divide one's attention. Simultaneously maintaining a steady and legal speed, changing lanes, navigating traffic and intersections, reading and interpreting street signs, drivers are often challenged by conditions that can change in the blink of an eye. Internal and external physical conditions can affect how safely the driving task is accomplished. Drug or alcohol intoxication, fatigue and/or distractions in the driving environment all can play a role in motor vehicle crashes. However, these conditions are rarely the sole reason for a crash. Rather, these conditions serve to exacerbate an already - complex driving environment and subsequent mistakes in judgment can lead to crashes. • • • Increasingly complex traffic and roadway environments require greater attention to and focus on the driving task. The purpose of this study is to understand what existing transportation research tells us about the effects of dynamic signs on motorists. This study also explores regulatory measures enacted in other jurisdictions to address concerns related to driver distraction. Due to time and scope constraints, this report is not comprehensive, but rather addresses the most frequently cited and easily accessible information available. The report concludes with a discussion of regulatory options for the City of Minnetonka to consider in their formulation of policies to address dynamic signage. Information collected for this report draws from a variety of sources including interviews with subject matter experts, government and academic research, and policies developed to regulate various types of signage. Several city and county sign ordinances were used as references for policy and regulatory research. In some cases, ordinances were brought to our attention by planners and others following the sign ordinance issue. In others, Internet searches were conducted using words and references that apply specifically to dynamic signs. Several sign manufacturers and sign companies provided an industry perspective through a workshop with the SRF Consulting Group and the City of Minnetonka staff on February 27, 2007. This meeting yielded information about sign characteristics that can be addressed through policy and regulatory measures. Daktronics, a company that manufactures and markets LED signs, was also helpful in this regard, providing informational materials about characteristics of signs that can be regulated and examples of city sign ordinances with which they are familiar. 3.0 SELECTED RESEARCH FINDINGS This following section presents a summary of expert opinions and selected driver distraction research conducted by government and academic researchers examining roadside signage and its effects on the driving task. Studies are organized around critical questions with serious research ramifications. • Is there reason to believe that billboards are a source of distraction? • Is there reason to believe that "dynamic" billboards are an additional source of distraction? • How much distraction is a problem? • How does "brightness" affect driver safety concerns? • How should billboards and other signage be regulated from a driver safety perspective? 2 3.1 Expert Opinions A combination of researchers and public policy experts were interviewed for this study. Individuals were identified while conducting background research into driver distraction and were interviewed because of their credibility in the field. Kathleen Harder, a researcher at the University of Minnesota, has conducted driver distraction research for a variety of applications, including research for Mn/DOT. She is an expert in the field of human factors and psychology. She indicated that electronic billboards pose a driver distraction threat because of their ability to display high resolution color images, their ability to change images, and their placement in relationship to the roadway, particularly in areas where the road curves, exits and entrances are present, merges, lane drops, weaving areas, key locations of official signs, and/or areas where roadways divide. Greg Davis, a researcher with the FHWA Office of Safety Research and Development, in Washington, DC was involved in the 2001 FHWA study on electronic billboards. He was interviewed to gain a deeper understanding of this critical study and to learn of recent research in this area. Davis stated that while no research has established a direct cause and effect relationship between electronic outdoor advertising signs and crash rates, the lack of such a research finding does not preclude a causal relationship between electronic billboards and crashes. He advocated for a new study that can control all variables and determine if a cause and effect relationship exists. Scott Robinson, an outdoor advertising regulator for Mn/DOT, wrote the 2003 technical memorandum that addresses allowable changes for outdoor advertising devices. Mr. Robinson indicated that the memo was originally written in 1998 to establish a permitted rate of change for tri- vision signs and that the application to electronic billboards was not considered. The minimum change rate of 4.9 seconds for 70 mph roadways and 6.2 seconds for 55 mph roadways was based on the travel time between static signs spaced at the minimum allowed distance apart. Mr. Robinson also indicated that the memo is not a Mn/DOT policy, statute or rule, but rather it was written to provide internal guidance. Jerry Wachtel, an Engineering Psychologist and highway safety expert in private practice, was the lead author for the FHWA's original (1980) study on electronic billboards. He has continued his active involvement in this field, and advises Government agencies as well as the outdoor advertising industry on sign ordinances, sign operations, and the implications of the latest research on road safety. Mr. Wachtel believes that it is neither feasible from the perspective of research design and methodology, nor necessary from a regulatory perspective, to demonstrate a causal relationship between digital billboards and road safety. Rather, he believes that we have a strong understanding, based on many years of research, of driver information processing capabilities and limitations, and of the contributions to, and consequences of, driver distraction, on crash risk; and that this understanding is sufficient to support development of guidelines and ordinances for the design, placement, and operation of digital billboards so as to lessen their potentially adverse impact on road safety and traffic operations. 3 0 • • • Wachtel also offered comments on drafts of this report. In later conversations related to his review, Wachtel stated his belief that even though visual fixations on roadway signs decrease as route familiarity increases, a strength of the new digital billboards is that they can present messages that are always new. Thus, the conclusion from the 1980 FHWA study is another argument against these billboards; namely, drivers spend more time looking at the unfamiliar signs than at familiar ones, suggesting digital billboards are more dangerous than traditional fixed billboards. Wachtel also suggested his preference for a goal to have any given driver experience only one, or a maximum of two, messages from an individual roadside sign. 3.2 Billboards: a Source of Driver Distraction ?' The purpose of a sign is to attract the attention of passersby so that a message is conveyed. To the degree signs attract the attention of vehicle drivers, they may distract them from the activity of driving. While this report primarily examines the impact of dynamic roadside advertising, the role traditional static advertising plays in driver distraction is discussed below. The relationship between roadside advertising and crash rates has been the subject of several studies. The majority of this research was conducted in the 1950s, 60s and 70s. While some of the earliest studies have been subsequently criticized for flawed methodologies and improper statistical techniques, some findings emerge when the totality of the studies are examined. One of these findings is that the correlation between crash rates and roadside advertising is strongest in complex driving environments. For example, higher crash rates were found at intersections (generally considered a complex environment) that have advertising than those intersections that do not have advertising. A few of the studies that are important in this field are summarized below. Minnesota Department of Transportation Field Study (1951) and Michigan State Highway Department Field Study (1952) 2 These two studies from the early 1950s used similar methods but came to significantly different conclusions. Recognized as the more scientifically rigorous study, the Minnesota study found that increases in the number of advertising signs per mile are correlated with increases in motor vehicle crash rates. It also found that intersections with at least four advertising signs experienced three times more crashes than intersections with no advertising signs. Conversely, the less rigorous Michigan study found the presence of advertising signs had no effect on the number of crashes. Iowa State College, Do Road Signs Affect Accidents? (Lauer & McMonagle, 1955) A laboratory test was created to determine the effect of advertising signs on driver behavior. The results of this study found removing all advertising signs from the driver's field of vision did not improve driver performance. When signs were included, driver performance was slightly better. Note that laboratory methods used in this study are considered to be dated by today's standards. 4 Faustman (California Route 40) Field Study (1961) and Federal Highway Administration, Reanalysis of Faustman Field Study (1973) Two studies that appear to have stood the test of time are Faustman's original analysis of California Route 40 and its re- examination by FHWA more than a decade later. The original analysis tried to improve upon previous research by limiting variables, such as roadway geometric design and roadway access controls. The FHWA reanalysis focused on disaggregating the data and converting actual crashes to expected crash rates on specific roadway sections. Each of the sections was given a value based on the number of billboards on the section. A linear regression was performed to determine the expected crash rates. An analysis of variance of the regression coefficients found that the number of billboards on a section was statistically significant. The reanalysis found a strong correlation between the number of billboards and crash rates as shown in Table 1. Table 1. FHWA Reanalysis of Faustman's Findings. No. of Billboards Expected No. of Accidents in a 5 -year Period 0 5.92 1 6.65 12.3 2 7.38 24.2 3 8.11 37.0 4 8.84 49.3 5 9.57 61.7 Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable - Message Signage (Wachtel & Netherton, 1980) 6 This extensive review provides a comprehensive discussion of roadside advertising research as of 1980. The study authors noted "attempts to quantify the impact of roadside advertising on traffic safety have not yielded conclusive results." The authors found that courts typically rule on the side of disallowing billboards because of the "readily understood logic that a driver cannot be expected to give full attention to his driving tasks when he is reading a billboard." Because the distraction evidence is not conclusive, these decisions were generally not based on empirical evidence. The research review noted that accident reports often cite "driver distraction" as a default category used by uncertain law enforcement officers who must identify the cause of a crash. As a result, the authors believe crashes due to driver distraction are not always properly identified. In addition, law enforcement officers often fail to indicate the precise crash locations on crash reports, making it difficult to establish relationships between crashes and roadside features. 5 Cumulative Increase in Accident Rate • • • Accident Research Unit, School of Psychology, University of Nottingham Attraction and distraction of attention with roadside advertisements (Crundall et al., 2005) This research used eye movement tracking to measure the difference between street -level advertisements and raised advertisements in terms of how they held drivers' attention at times when attention should have been devoted to driving tasks. The study found that street -level advertising signs are more distracting than raised signs. 3.3 "Dynamic" Billboards: an Additional Source of Distraction? Signage owners or leasers want to incorporate dynamic features into their signage for a number of reasons: to enhance the sign's ability to attract attention, to facilitate display of larger amounts of information within the same sign area, to conveniently change message content, and to enhance profitability. As mentioned earlier, this report uses the term "dynamic" signs to refer to non - static signs capable of displaying multiple messages. Several studies documented the ability of a sign to accomplish the first of these goals. University of Toronto Observed Driver Glance Behavior at Roadside Advertising Signs (Beijer & Smiley, 2004) 8 Research done at the University of Toronto compared driver behavior subject to passive (static) and active (dynamic) signs. The study found that about twice as many glances were made toward the active signs than passive signs. A disproportionately larger number of long glances (greater than 0.75 seconds) taken were toward the active signs. The duration of 0.75 seconds is important because it is close to the minimum perception - reaction time required for a driver to react to a slowing vehicle. For vehicles with close following distances, or under unusually complex driving conditions, a perception delay of this length could increase the chance of a crash. The following findings were reported in this study: • 88% of the subjects made long glances (greater than 0.75 seconds). • 22% of all glances made at all signs were long glances (greater than 0.75 seconds). • 20% of all the subjects made long glances of over two seconds. • As compared to static and scrolling text signs, video and tri- vision signs attracted more long glances. • Video and scrolling text signs received the longest average maximum glance duration. • All three of the moving sign types (video, scrolling text and tri- vision) attracted more than twice as many glances as static signs. 6 University of Toronto Impact of Video Advertising on Driver Fixation Patterns (Smiley et al., 2001) 9 Another study completed at the University of Toronto used similar eye fixation information in urban locations to show that drivers made roughly the same number of glances at traffic signals and street signs with and without full- motion video billboards present. This may be interpreted to mean that while electronic billboards may be distracting, they do not appear to distract drivers from noticing traffic signs. This study also found that video signs entering the driver's line of sight directly in front of the vehicle (e.g., when the sign is situated at a curve) are very distracting. City of Seattle Report (Wachtel, 2001) The City of Seattle commissioned a report in 2001 to examine the relationship between electronic signs with moving/flashing images and driver distraction. The report found that electronic signs with moving images contribute to driver distraction for longer intervals than electronic signs with no movement. Following are major points made in the report: • New video display technologies produce images of higher quality than previously available technologies. These signs have improved color, image quality and brightness. • New video display technologies use LEDs with higher viewing angles. Drivers can read the sign from very close distances when they are at a large angle from the face of the sign. • Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed rather than the driving task at hand. • Research has shown that drivers expend about 80 percent of their attention on driving related tasks, leaving 20% of their attention for non - essential tasks. • The Seattle consultant suggests a "10 second rule" as the maximum display time for a video message. The expanded content of a dynamic sign also contributes to extended distraction from the driving task. The Seattle Report examined how this may be due in part to the Zeigarnik effect which describes the psychological need to follow a task to its conclusion. People's attention is limited by the ability to only focus on a small number of tasks at a time, and by the tendency to choose to complete one task before beginning another. In a driving environment, drivers' attention might be drawn to the sign rather than the task of driving because they are waiting to see a change in the message. This loss of attention could lead to unsafe driving behaviors, such as prolonged glances away from the roadway, slowing, or even lane departure. 7 • • • While the Zeigarnik effect may be present in a wide variety of driving situations, possible scenarios that could affect drivers include: • A scrolling message requires the viewer to concentrate as the message is revealed. Based on the size and resolution of the sign, and the length of the message, this could range from less than one second to many seconds. • A sequence of images or messages that tell a story, during which the driver's attention may be captured for the entire duration that the sign is visible. Instead of merely glancing at the sign and then returning concentration to the driving task, more attention may be given to the message. • Anticipation of a new image appearing, even if the expected new image is not related to the first image. In this case, the driver may be distracted while waiting for the change. Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable - Message Signage (Wachtel & Netherton, 1980)" This research provides information on the use of on- premise Commercial Electronic Variable- Message Signs (CEVMS) that display public service information (i.e,. time and temperature) and advertising messages along the Interstate highway system. The research found the following major considerations: • Highway Safety Considerations The link between changing messages that attract drivers' attention and crashes has been an issue of concern since the earliest forms of electronic signage became available. This study thoroughly reviewed the literature seeking information regarding a potential link between CEVMS and crashes: "Although a trend in recent findings has begun to point to a demonstrable relationship between CEVMS and accidents, the available evidence remains statistically insufficient to scientifically support this relationship." The study also noted that studies have not documented information about "such occurrences as `near misses' or traffic impedances that are widely recognized as relevant to safety, and which may or may not be attributable to the presence of roadside advertising." • Human Factors Considerations Human factors relate to all the elements that explain driver behavior, such as eye glances and driver responses to a variety of driving- related stimuli. The study makes the point that simple driving- related tasks consume relatively little information processing capacity. However, when other conditions, such as congestion, complicated roadway geometries, or weather are also considered, the marginal extra 8 amount of attention required to read roadside advertisements could lead to driving errors that could cause crashes. "The enormous flexibility of display possessed by CEVMS makes it possible to use them in ways that can attract drivers' attention at greater distances, hold their attention longer, and deliver a wider variety of information and image stimuli than is possible by the use of conventional advertising signs." Texas Transportation Institute for FHWA, Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs (Dudek et al., 2005) This study examined the comprehension times for three different scenarios for DOT - operated changeable message signs. The scenarios evaluated were: • Flashing an entire one -phase message • Flashing one line of a one -phase message while two other lines of the message remain constant • Alternating text on one line of a three -line CMS while keeping the other two lines of text constant on the second phase of the message The findings of this study were: • Flashing messages did not produce faster reading times. • Flashing messages may have an adverse effect on message comprehension for unfamiliar drivers. • Average reading times for flashing line messages and two -phase messages were significantly longer than for alternating messages. • Message comprehension was negatively affected by flashing line messages. While this research did not evaluate advertising- related signs, it does demonstrate that flashing signs require more of the driver's time and attention to comprehend the message. In the case of electronic billboards, this suggests that billboards that flash may require more time and attention to read than static ones. 3.3.1 OTHER INFORMATION NHTSA Driver Distraction Internet Forum (2000) The National Highway Traffic Safety Administration held an interne forum to gather research and public comment related to driver distraction with an emphasis on the use of cell phones, navigation systems, wireless Internet and other in- vehicle devices. During this forum, participants were invited to take a poll to determine the most prominent driver 9 • • • distraction issues. Electronic billboards were identified as one of six noted sources of distraction. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006) This report identified road signs and advertising as one of the largest sources of driver distraction. At least three billboards near Melbourne, Australia display moving images. "The Committee considers these screens to be at the high end of potential visual distraction and accordingly, present a risk to drivers." The study also included a quote from the Manager of the Road User Behaviour group at VicRoads (the State's road and traffic authority) from a December 2005 hearing: What we do know is when there is movement involved, such as flicker or movement in the visual periphery, that this is more likely to capture a driver's attention. We actually are hard -wired as human beings to movement, so particularly moving screens and information that scrolls at intersections and in highly complex driving situations — these are risky, and in particular researchers have been most concerned about those sort of advertising materials. This opinion would suggest that electronic signs can present a distraction to drivers. 3.4 How Much Distraction Is a Problem? A number of studies were identified that discussed concerns with driver distraction generally. It should be noted that some of the studies cited use specific crash data that is ten or more years old. Direct comparison of distraction sources to influences of today may not be completely valid due to increased technological sophistication of distracting influences. These could include in- vehicle technology (e.g., navigation systems, MP3 players, DVD players, CD players, computer systems, etc.) as well as other potentially distracting influences (e.g., cell phones, text messaging, dynamic signage, other roadway elements, etc.) that were not commonplace when the data for these studies was collected: Australian Road Research Board Investigations of Distraction by Irrelevant Information (Johnston & Cole, 1976) This research used five experiments to test whether drivers could maintain efficient performance in their driving tasks while being subjected to content that was information rich, but irrelevant to driving. The findings were that a small, but statistically significant amount of performance degradation was observed when the participant was under a critical load of stimuli. 1 0 National Highway Traffic Safety Administration/ Virginia Tech Transportation Institute Impact of Driver Inattention on Near -Crash /Crash Risk: An Analysis Using the 100 -Car Naturalistic Driving Study Data (Klauer et al., 2006) 16 This study analyzed the data from a driving database developed by the National Highway Traffic Safety Administration. This database contained exhaustive data recorded by instrumented vehicles that measured glance position, impairment, drowsiness, risk taking and many other parameters potentially involved in crash causation. Vehicles were instrumented so that an observer did not need to be in the vehicle to collect data. Automated data collection reduced the problem of an observer influencing driver behavior. The study found that glances of two seconds or greater doubled the risk of crashes or near - crashes. The study also found that 22 percent of crashes are accompanied by "secondary- task" distraction whether inside or outside the vehicle. National Highway Traffic Safety Administration/ Virginia Tech Transportation Institute Driver Inattention is a Major Factor in Serious Traffic Crashes (2001) The National Highway Traffic Safety Administration commissioned a study to examine the causes of crashes. The study gathered information from four areas throughout the country and used data from the National Automotive Sampling System (NASS) from April 1996 -April 1997 for analysis. The geographic areas were selected because they had good crash investigation practices and high interview completion rates. The results of this study are summarized in Table 2. Table 2. Crash Causation Summary Causal Category Percentage of Drivers Contributing to Causation Driver Inattention 22.7 Vehicle Speed 18.7 Alcohol Impairment 18.2 Perceptual Errors 15.1 Decision Errors 10.1 Incapacitation 6.4 Other 8.8 Association for the Advancement of Automotive Medicine The Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System (Wang, 1996) This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found that the greatest source of driver distraction (3.2 percent) was due to a specified person, object or event outside the vehicle. The full results of the study are presented in Table 3. 11 - Data Element %of . Drivers °dr of Crashes Attentive or not distracted 46.6% 28.4% Looked but did not see 5.6% 9.7% Distracted by other occupant [specified] 0.9% 1.6% Distracted by moving object in vehicle [specified] 0.3% 0.5% Distracted while dialing, talking, or listening to cellular phone (location and type of phone specified) 0.1%0 0.1%6 Distracted while adjusting climate controls 0.2%6 0.3 %@ Distracted while adjusting radio, cassette, CD (specified) 1.2% 2.1% Distracted while using other device/object in vehicle [specified] 0.1 % 0.2% Sleepy or fell asleep 1.5% 2.6% Distracted by outside person: object, or event [specified] 2.0% 3.2% Eating or drinking 0.1% 0.2% Smoking - related 0.1 % 0.2% Distracted/inattentive, details unknown 1.5 % 2.6% other distraction [specified] 1.3% 12% Unknown/No Driver 38.5% 46.0%, • • Table 3. Percentage of CDS Crashes Involving Inattention - Distraction Related Crash Causes Weighted driver N 4,627,000 (7,943, uaweighted): weighted crash N e 2,619,000 (4,336): In order for a crash to classified 'attentive," all involved drivers had to be classified 'attentive." - estimate based on 5 -9 cues. University of North Carolina Highway Safety Research Center The Role of Driver Distraction in Traffic Crashes (Stutts et al., 2001) 19 A study prepared by the University of North Carolina Highway Safety Research Center for the AAA Foundation for Traffic Safety examined the sources of driver distraction in traffic crashes. The data came from the CDS from 1995 -1999. Of the thirteen specific sources of distraction tracked by the study, the greatest source of distraction was an outside person, object or event. While the study does not break down the sources of outside distraction, it does show that distractions outside the vehicle are the largest factor in distraction - related crashes. The results of this study are presented in Table 4. Table 4. Specific Sources of Distraction Among Drivers in Distraction- Related Crashes Specific Distraction Percentage of Drivers Outside person, object or event 29.4 Adjusting radio, cassette, CD 11.4 Other occupant in vehicle 10.9 Moving object in vehicle 4.3 Other device /object brought into vehicle 2.9 Adjusting vehicle /climate controls 2.8 Eating or drinking 1.7 Using/dialing cell phone 1.5 Smoking related 0.9 Other distraction 25.6 Unknown distraction 8.6 Total 100.0 12 Three studies were found which attempted to measure driver behavior specifically in response to dynamic signage. Two of these studies demonstrated a potential relationship between dynamic signage and crash rates: Minnesota Department of Transportation, The Effectiveness and Safety of Traffic and Non - Traffic Related Messages Presented on Changeable Message Signs (CMS) (Harder, 2004) 20 This study used a driving simulator to measure the effect of Department of Transportation changeable message signs on traffic flow. The two messages evaluated were a "crash ahead" warning and an AMBER Alert (child abduction information). The research found that just over half of the participants used the "crash ahead" message and 60 percent could recall the AMBER Alert with scores of Good or Better. Over one fifth of the participants slowed down by at least 2 mph upon seeing the AMBER Alert, demonstrating that messages relevant to drivers are associated with changes in at least some drivers' travel speed . Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 21 This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising Board's ruling regarding one of the first changeable signs. This sign was located near an arterial road in Boston and used magnetic discs to portray a message that changed every 30 seconds. The original sign permit was rejected based on four criteria, one of which was safety. Upon appeal, the Massachusetts Department of Public Works allowed the permit based on the fact that the sign would give the public a benefit. However, they ultimately determined that the sign was a safety hazard based on crash rates before and after the sign was installed. Tables 5 and 6 show the change in crash rates. Table 5. Telespot Sign Crash Rates - Expressway Southbound 13 ao Average per year Average per year Average Percent (1/1/1970- 12/31/1972) (1/1/1973- 3/31/1975) Change Crashes where the sign was viewable (north of sign) 29.0 20.0 -31.0 Crashes where the sign was not viewable (south of sign) 39.0 15.6 -60.0 Three studies were found which attempted to measure driver behavior specifically in response to dynamic signage. Two of these studies demonstrated a potential relationship between dynamic signage and crash rates: Minnesota Department of Transportation, The Effectiveness and Safety of Traffic and Non - Traffic Related Messages Presented on Changeable Message Signs (CMS) (Harder, 2004) 20 This study used a driving simulator to measure the effect of Department of Transportation changeable message signs on traffic flow. The two messages evaluated were a "crash ahead" warning and an AMBER Alert (child abduction information). The research found that just over half of the participants used the "crash ahead" message and 60 percent could recall the AMBER Alert with scores of Good or Better. Over one fifth of the participants slowed down by at least 2 mph upon seeing the AMBER Alert, demonstrating that messages relevant to drivers are associated with changes in at least some drivers' travel speed . Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 21 This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising Board's ruling regarding one of the first changeable signs. This sign was located near an arterial road in Boston and used magnetic discs to portray a message that changed every 30 seconds. The original sign permit was rejected based on four criteria, one of which was safety. Upon appeal, the Massachusetts Department of Public Works allowed the permit based on the fact that the sign would give the public a benefit. However, they ultimately determined that the sign was a safety hazard based on crash rates before and after the sign was installed. Tables 5 and 6 show the change in crash rates. Table 5. Telespot Sign Crash Rates - Expressway Southbound 13 ao • • • Table 6. Telespot Sign Crash Rates - Expressway Northbound This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases. Due to these arguments, the Board ruled that the operation of the sign must be terminated. Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study — Impacts of an Advertising Variable Message Sign on Freeway Traffic (1994) 22 A study prepared by the Wisconsin Department of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side -swipe and rear -end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side -swipe crashes after the first year of installation. Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates." Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001) 24 The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for 14 Average per year Average per year Average (1/1/1970- (1/1/1973- Percent 12/31/1972) 3/31/1975) Change Crashes where the sign was viewable (south of sign) 46.3 42.7 -7.8 Crashes where the sign was not viewable (north of sign) 8.0 1.8 -77.5 • • • Table 6. Telespot Sign Crash Rates - Expressway Northbound This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases. Due to these arguments, the Board ruled that the operation of the sign must be terminated. Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study — Impacts of an Advertising Variable Message Sign on Freeway Traffic (1994) 22 A study prepared by the Wisconsin Department of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side -swipe and rear -end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side -swipe crashes after the first year of installation. Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates." Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001) 24 The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for 14 the topic of electronic billboards (EBBs). While the study did not conduct any new research, it does provide an excellent summary of the role electronic billboards play in traffic safety and includes good descriptions of the terminology related to electronic billboards. Selected findings from that synthesis are provided below: "In most instances, researchers were not able to verb that an EBB was a major factor in causing a crash. Only one study since the 1980 review and one lawsuit were identified." "Studies were identified that verified that: an increase in distraction, a decrease in conspicuity, or a decrease in legibility may cause an increase in the crash rate." "Commercial EBBs are designed to `catch the eye' of drivers. Their presence may distract drivers from concentrating on the driving task and visual surrounds." "There is indication that individual differences in age and driving experience may be important considerations in driver distraction, and are relevant to understanding driver responses to the external environment. Furthermore, research regarding driver familiarity of their route demonstrated that visual fixations on roadway signs decreases as route familiarity increases. This research may show that there is a difference between commuter and visiting drivers." Based on these findings, the FHWA recommended additional research to further demonstrate how roadway characteristics, sign characteristics and legibility, driver characteristics and other potential driver distractions affect traffic safety. FHWA was contacted to see if any new information was available. Greg Davis, a Research Psychologist with the FHWA Office of Safety R &D, indicated that the FHWA has not performed additional studies on the topic since the report was published. He stated that there is "no direct correlation between electronic outdoor advertising signs and crash rates ". He referred to a before /after study of electronic signs installed along a freeway in Las Vegas that found no change in crash rates. He went on to say that the lack of a research finding that links signs with crash rates does not mean that a causal relationship does not exist. He indicated that he has been contacted by several law enforcement agencies regarding the link between driver distraction and dynamic message signs /electronic billboards. He indicated that this is a timely and pertinent topic for many states due to the increasing popularity and capabilities of electronic outdoor advertising devices, and he expects further research to be forthcoming. He advocates for a new study that can control for all variables and determine if a cause and effect relationship exists. 3.5 How Does "Brightness" Affect Driver Safety Concerns? The brightness of any sign, static or dynamic, raises concerns with discomfort or disability glare to the driver that may arise when viewing any lighted object. Disability Glare occurs when a 15 • • driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare occurs when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle. While concerns about glare are not unique to dynamic signs, newer sign technologies, which often include dynamic components, have the technical capability to emit more light and/or respond to ambient light conditions, raising additional concerns about sign brightness in areas where signs compete with regulatory traffic signs or signals. 3.6 Billboards and Other Signage Regulation: a Minnesota Perspective Roadside signage is governed by policies and laws at the federal, state and local levels. Minnesota Statute, Chapter 173 seeks to "reasonably and effectively regulate and control the erection or maintenance of advertising devices on land adjacent to such highways." The statute requires adherence to federal statutes with respect to interstate and primary systems of highways. Minnesota Statute Ch. 173.16 Subd. 3. regulates lighting of signs. Signs which are "illuminated by any flashing light or lights, except those giving public service information" (time, date, temperature, weather or news) are prohibited. This section also states: (b) Advertising devices shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle; or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. and (c) Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. 3.7 Billboard and Other Signage Regulation: Other Perspectives During the course of this study, several articles were found which summarize regulation of dynamic signage in other states: Wisconsin Department of Transportation Electronic Billboards and Highway Safety (2003) 26 The Wisconsin Department of Transportation also published a literature review report to further explain the current state of EBB research. Although much of the information is 16 mentioned in other sections of this report, the Wisconsin review did summarize Wisconsin's regulations for electronic billboards. • No message may be displayed for less than one -half second; • No message may be repeated at intervals of less than two seconds; • No segmented message may last longer than 10 seconds; • No traveling message may travel at a rate slower than 16 light columns per second or faster than 32 columns per second (light column defined as pixel column); • No variable message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. National Alliance of Highway Beautification Agencies (1999) 27 Although this survey is eight years old, it generated the following information related to electronic billboards: • Nine states had specific regulations governing signs, • Nine states had regulations on tri- vision signs that were either being drafted or in pending legislation, • Fifteen states had regulations regarding moving parts and/or lights, • Nine state had no regulations on tri- vision signs, and • Six states and Washington, DC, prohibited tri- vision signs. An investigation into state outdoor advertising regulations was also conducted. • Thirty-six states had prohibitions on signs with red, flashing, intermittent, or moving lights, • Twenty -nine states prohibited signs that were so illuminated as to obscure or interfere with traffic control devices, and • Twenty -nine states prohibited signs located on interstate or primary highway outside of the zoning authority of incorporated cities within 500 ft of an interchange or intersection at grade or safety roadside area. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006) 28 This report, cited earlier for its driver distraction opinions, identifies road signs and advertising as one of the largest sources of driver distraction. VicRoads, the state's road and traffic authority, has implemented the following regulations. 17 o • • • Figure 1. VicRoads' Ten Point Road Safety Checklist An advertisement, or any structure, device or hoarding for the exhibition of an advertisement, is considered to be a road safety hazard if it: 1. obstructs a driver's line of sight at an intersection, curve or point of egress from an adjacent property; or 2. obstructs a driver's view of a traffic control device, or is likely to create a confusing or dominating background which might reduce the clarity or effectiveness of a traffic control device; or 3. could dazzle or distract drivers due to its size, design or colouring, or it being illuminated, reflective, animated or flashing; or 4. is at a location where particular concentration is required (eg. high pedestrian volume intersection); or 5. is likely to be mistaken for a traffic control device, for example, because it contains red, green or yellow lighting, or has red circles, octagons, crosses or triangles, or arrows; or 6. requires close study from a moving or stationary vehicle in a location where the vehicle would be unprotected from passing traffic; or 7. invites drivers to turn where there is fast moving traffic or the sign is so close to the turning point that there is no time to signal and turn safely; or 8. is within 100 metres of a rural railway crossing; or 9. has insufficient clearance from vehicles on the carriageway; or 10. could mislead drivers or be mistaken as an instruction to drivers. 18 VicRoads also gives operational requirements for electronic advertising message signs. Signage must: • not display animated or moving images, or flashing or intermittent lights; • remain unchanged for a minimum of 30 seconds; • not be visible from a freeway; and • satisfy the ten -point checklist. 4.0 SUGGESTED REGULATORY APPROACH Local governments regulate electronic outdoor advertising devices in widely varying degrees. Some cities completely prohibit the use of all electronic signs (sometimes specifying LED signs), while others have no regulations specific to electronic signs. Between those two extremes, there are many levels and types of control that can be applied. The primary concerns to keep in mind when considering sign regulations are 1) First Amendment rights, which can be affected by regulations that affect the content of a sign's message, and therefore should be avoided, and 2) changing technology, which can quickly make a sign ordinance no longer applicable if the ordinance has been specifically written to address a certain type of sign technology. Performance based measures may therefore be preferable as they remain viable even as sign technology advances. 4.1 Definitions Signage discussions often include a number of different words or phrases used to describe the technical characteristics of signage devices or their components (such as LEDs). For the purpose of zoning, some additional terms are also used to describe sign characteristics. Any regulatory efforts should take care to precisely define terminology. One possible resource in this effort is "Street Graphics and the Law," published by the American Planning Association (APA) Planning Advisory Service 4.2 Types of Regulatory Measures 4.2.1 Complete or Partial Prohibition of Electronic Signs Some cities have completely prohibited the use of electronic outdoor advertising devices. For example, the City of Maple Valley, WA prohibits all types of electronic outdoor advertising devices including animated signs, electronic changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays. This applies to both on- premise and off - premise signs. Other cities are very selective about where electronic signs are allowed, allowing them only in certain zoning districts. There are very few "standard" approaches. For the most part, each local 19 0 • • • government tailors their regulations to their own situation. One approach adopted by cities is to prohibit electronic outdoor advertising devices in residential zoning districts, and for a certain distance away from residential zoning districts, similar to the zoning limitations placed on illuminated signs. Some ordinances require that electronic signs be situated such that the sign face is not visible from nearby residences. 4.2.2 Size Limitations on Electronic Signs Another way of regulating electronic signs is to limit their size. Again, there is no set standard for this. One ordinance reviewed for the purpose of this study limits the electronic portion of a sign to no more than 50 percent of the sign face with the overall size determined by whatever the sign ordinance allows for a particular zoning district. Other examples of electronic sign size limitations include five square feet, 1,000 square inches, 20 square feet, and so forth. In other ordinances, there is no differentiation made between the size of electronic signs and other signs. According to input from representatives of the sign industry, the smaller the size of the electronic sign, the more desirable it is for businesses to use frequent message changes, or sequenced messages, where more than one screen of text is used to convey an entire message. 4.2.3 Rate -of- Change Limitations on Electronic Signs Many communities that allow electronic signs also regulate the rate at which the messages on the signs can be changed. Research on sign codes has shown this to range from as little as four seconds to as long as 24 hours. The Interstate 394 sign between Ridgedale Drive and Plymouth Road is visible for approximately 45 seconds at free flow traffic speeds. Depending on text size, the message may not be readable by drivers during this entire duration, but the message changes can attract attention from long distances. Depending on how often the message changes occur and the speed of traffic, drivers on this segment could see a varying number of discrete messages. Table 7 provides the number of message changes a driver would see at different change durations and traffic speeds. 20 Table 7. Number of New Messages Seen at Various Driver Speeds and Time Intervals Between Messages Number of Messages Seen Speed (mph) 30 45 55 Time sign is clearly visible* (seconds) *Assuming the sign is clearly visible from one -half mile away. Message Display Time (seconds) 6 8 10 60 1800 3600 (30 minutes) (1 hour) 60 11 9 7 2 1 1 40 8 6 5 2 1 1 33 7 5 4 2 1 1 Prohibiting displays from changing quickly can minimize potential driver distraction, but it would significantly limit the message owner's ability to convey information that does not fit on one screen of the sign. Using two or more successive screens to convey a message is referred to as sequencing. Based on the studies summarized in part 3 of this Report, including the glance duration studies performed by Klaur for the FHWA in 2006 and by Beijer & Smiley in 2004, and Wachtel's analysis for Seattle of the Zeigamik effect, a message delivery system such as sequencing that requires or induces a driver to watch the sign for several seconds increases the likelihood of driver distraction. Based on information from the sign industry, for sequencing to be effective in a marketing sense, a brief rate -of- change (1 -2 seconds) is generally used before transitioning into the next screen. Some codes specify how an image changes, while other codes prohibit the use of transitions. The change from one image to another can be accomplished by various techniques: no transition — simply a change from one screen to another, or fading or dissolving one image into the next. Flashing, spinning, revolving, or other more distracting transition methods can be prohibited, allowing businesses to use sequencing in an effective manner without making the signs overly distracting. Another way of regulating distracting transitions is to require a very short time of a dark or empty screen between images. 4.2.4 Motion, Animation, or Video Limitations on Electronic Signs Motion on a sign can consist of everything from special text effects (spinning, revolving, shaking, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to more realistic moving images that have the appearance of a television screen. According to sign industry representatives, video imagery on a sign is referred to as "animation" if the sign is limited to the capability of 10 frames per second. Fewer frames per second make the moving image look more like animation. Imagery produced by signs that have the capability of processing up to 30 frames per second is accurately referred to as "video" imaging. Many communities that allow dynamic signs do not allow the application of any type of motion, animation, or video on the signs. However, Seattle was obliged to allow video imagery on their signs after earlier signage code regulating certain types of signs was not strictly enforced. In addition to requiring a dark period between successive messages to overcome the Zeigarnik effect, Seattle also limits the duration of the video message to a minimum of two seconds and a 21 • • • • maximum of 10 seconds. This time frame was established based upon careful calculations of the streets from which these signs could be seen, speed limits and traffic volumes in addition to the community's concern over the extent to which moving images could distract drivers. However, Seattle also limits the size of their electronic signs to a maximum of 1,000 square inches, with no single dimension greater than three feet, thus minimizing the effect of video images. 4.2.5 Sign Placement and Spacing Regulating the number of dynamic sign potentially visible to a driver at any one time as well as the position of the sign in relationship to the roadway may reduce distraction to drivers. Spacing requirements should consider the speed, width and horizontal and vertical alignment of the roadway. Some communities have established minimum distances between electronic signs. Establishing an adequate distance between these types of devices seems particularly important if a fairly fast rate of change is allowed for the purpose of facilitating sequenced messages or if animation and video imaging is allowed. Closely spaced signs attempting to convey sequenced messages may simply create visual overload and an over - stimulated driving environment. Research conducted to date has not yielded information about optimal electronic sign spacing. Seattle adopted a 35- foot spacing requirement for their electronic signs based upon multiple levels of analysis of the downtown city environment in which these signs are present. Due to the varying characteristics of individual roadways in this regard, overlay districts allowing dynamic signage with conditions specific to that area could be considered. Overlay districts could also take into account other locational factors such as offset from the roadway and conspicuity. Determining appropriate offsets from the roadway must consider roadway clear zone requirements as well as spacing of frontage roads and access points, while also considering the signage too far outside the driver's line of sight may be a further distraction. Conspicuity, a sign's ability to stand out from its surroundings, should also be considered. 4.2.6 Text Size Legibility is another important property of signage. The preferred approach used within highway signing is that drivers can read text that is 1 inch high from 30 feet away. Larger text is needed for signs to be legible at greater distances. Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. Conversely, with small text, the driver is more likely to focus on the sign for a longer period of time and possibly be more adversely distracted. However, the size or type of text or the amount of text due is rarely regulated. 22 4.2.7 Brightness Limitations on Electronic Signs One of the main concerns about the use of electronic signs, regardless of whether they consist of changeable text, animation, or video, is the brightness of the image. The brightness of an object can be characterized in two ways. Iluminance is the total brightness of all the light at a point of measurement. Illuminance often describes ambient light and can be measured with a standard light meter such as is used in photography. Luminance is the measure of the light emanating from an object with respect to its size and is the term is used to quantify electronic sign brightness. The unit of measurement for luminance is nits, which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter). Many, but not all, LED -type signage can be time- programmed to respond to day and nighttime light levels. Higher -end signage types are equipped with photo cells to respond to ambient light conditions. Despite these controls, LED signs have been observed that are considered to be excessively bright. Sign industry representatives indicate that excessive brightness can be the result of 1) sign malfunction or improper wiring, 2) lack of photo cell and/or dimming mechanism, or 3) operator error or lack of understanding that brightness is not necessarily an advantage, especially if it makes a sign unreadable or unpleasant to look at. They also maintain that the intent of the electronic sign industry is to establish a brightness level that is similar to a traditional internally or externally lit sign. Recent observations of sign technicians calibrating the Interstate 394 LED billboard noted that the brightness controls are not calibrated to specific nit levels, but rather vary in proportion to a set maximum level, like a volume control dial on a typical car radio. To control the extent to which electronic signs are a distraction or the extent to which they are readable, many local governments have adopted regulations that limit nit levels. At this time, ordinances that use nit level limitations typically differentiate between day time and night time nit levels. A common daytime nit limitation ranges from 5,000 to 7,000 nits. A common nighttime limitation is 500 nits, although in areas that are extremely dark at night, with very little in the way of ambient light levels, less than 500 nits may be appropriate. Other communities have taken this farther, such as Lincoln, Nebraska, whose sign code incorporates a graph of varying ambient light levels ranging from night time to a bright sunny day and all conditions between those two extremes, and has correlating nit limitations for the various ambient light levels. Enforcement of these types of regulations is challenging as luminance of electronic signs is very difficult to measure in the field. Typically, sign luminance is measured and calibrated in a controlled factory setting using a spectral photometer to measure the light output. This calibration setting is then used in conjunction with a photo cell to control the brightness of the sign. The higher the ambient light levels, the brighter the sign. There are different nit thresholds for various colors. White is most often used to set dimming levels because at a constant nit level, white has the most intensity as perceived by the human eye. Lincoln uses a light meter to conduct testing on electronic signs and found a wide range of luminance levels. One small electronic sign had luminance levels of 13,000 nits. The process that Lincoln uses to check luminance levels is to hold a luminance meter close to the face of the sign so that it captures only the light emitted from the sign. They have not had any requests to 23 • • • measure the brightness of LED billboards, so the viability of using this approach on billboards has not been explored. In Seattle, sign luminance was found too difficult to measure, so signs are visually inspected when complaints from the public are received. Sign owners are then contacted and asked to adjust sign luminance accordingly. Both Mesa, Arizona and Lincoln, Nebraska have included a requirement for written certification from the sign manufacturer that the light intensity has been preset not to exceed the illumination levels established by their code, and the preset intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. This language appears to offer the advantage of ensuring that electronic signs, at a minimum, cannot exceed a certain established level of brightness. At a minimum, it is important for communities to require all electronic signs to be equipped with a dimmer control. A requirement for both a dimmer control and a photo cell, which constantly keeps track of ambient light conditions and adjusts sign brightness accordingly, is optimal. Over time, the LEDs used in electronic signs have a tendency to lose some of their intensity, and an owner may choose to have the sign adjusted and calibrated, which involves adjusting the level of electrical current in a manner that affects the brightness of the sign. This occurs over the course of two or three years. Having maximum nit levels established would ensure that the sign company has upper limits to work with as far as adjusting the sign is concerned. 4.3 Public Review Most communities establish rules within their sign code and do not create opportunities for electronic signs to be approved through conditional use permits or special use permits. Some communities with special overlay districts, or areas that are oriented toward entertainment and night life, have established a review process for electronic signs, or for various functions of electronic signs such as animation and video. Other communities take the opposite approach, where they allow electronic signs with no controls whatsoever, except in certain special areas, such as a historic overlay district, or a historic downtown district, where the signs are prohibited. Each community needs to tailor their application of electronic signs to meet their needs. As of the writing of this report, no ordinances have been discovered that have a special review committee just for the purpose of electronic signs. Typically, sign regulations established in the zoning ordinance would be reviewed in accordance with existing review and approval processes. As with other development features, dynamic signage should be either prohibited, permitted, or conditional depending upon the zoning district and/or the specific features of the sign as established within the city's regulations (i.e. size, specific location with respect to the adjacent roadway, zoning district, proximity of sensitive uses). The recommended review process for permitted dynamic signs should be the same as procedures already in place for administrative 24 review. For dynamic signs requiring a Conditional Use Permit (CUP), the standard process for public notification and a public hearing before the planning commission should apply. 5.0 CONCLUSIONS AND RECOMMENDATIONS Driver distraction plays a significant role in traffic safety. Driver distraction is a factor in one in four crashes, and of those crashes involving driver distraction, one in four involves distractions outside the vehicle. The extent to which dynamic signage contributes to traffic safety has been examined in this study. Following are some of the major findings from a review of available research. • Drivers that are subjected to information -rich content that is irrelevant to the driving task (such as digital advertising) may be temporarily distracted enough to cause a degradation in their driving performance. This degradation could lead to a crash. • The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static billboards. • Several studies have found a correlation between crashes and the complexity of the driving environment. For example, crash rates are higher at intersections because the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on drivers' attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. This is illustrated by the 1994 Wisconsin DOT study that examined crash rates before and after installation of an electronic sign on a high - volume curving roadway. Introduction of this sign was identified as a likely factor of the 80 percent increase in side -swipe crashes that was experienced. • Many studies have noted a correlation between outdoor advertising signs and crash rates, but have not established a causal relationship between the signs and crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a direct causal relationship between outdoor advertising signs and crash rates to show that they can make the driving task less safe. While the research shows that driver distraction is a key factor in many motor vehicle crashes, this often includes many interacting factors that distract drivers. The specific driver distraction danger that advertising signs contribute is difficult to quantify. A study that could control for multiple variables (human factors, vehicle, enforcement and the roadway environment) would be needed to provide a definitive statement on the level of driver distraction that signs produce. Such a study would likely find that not all advertising signs cause distraction that would lead to crashes, but some signs in some situations are more likely to contribute to crashes than others. Overall, the literature review conducted for the purpose of this study identifies a relationship between driver distraction and electronic outdoor advertising devices. As indicated, driver distraction is a significant factor in crashes. The purpose of dynamic signage is to attract the attention of people in vehicles, so a natural conclusion from that knowledge is that drivers may be distracted by them. Professional traffic engineering judgment concludes that driver distraction generally contributes to a reduction in safe driving characteristics. 25 • • • • For this reason, state departments of transportation have carefully studied the design and location of dynamic signs within the highway right -of -way. Their goal is to convey a message to the traveling public in a manner that is as straight - forward and readable as possible without being a visual "attraction ". The goal of the outdoor advertising sign is to be a visual attraction outside the right -of -way, possibly making it a source of driver distraction. Nevertheless, the actual change in crash rates influenced by the presence of any specific device has not been quantified in a manner that fully isolates the impacts of an electronic sign. Recent studies conducted by FHWA and others have cited the need for further research. In the interest of promoting public safety, this report recommends that electronic signs be viewed as a form of driver distraction and a public safety issue. Therefore, the ordinance recommendations identified here should be considered. These recommendations should be reviewed in the future as additional research becomes available. With respect to regulatory measures for electronic outdoor advertising signs, it is important that local governments take a thorough approach to updating their ordinances to address this issue. For example, an ordinance that addresses sign motion, but does not address brightness and intensity levels may leave the door open for further controversy. This report seeks to identify all of the aspects of electronic outdoor advertising devices that are subject to regulation. It does not specifically state what those regulations should be (e.g. the size of electronic signs), since these are all things that policy makers and staff must take into careful consideration. Further, as driver distraction and resulting influences on safety do not, in a practical sense, distinguish between on- premise and off - premise signage, this distinction is not highlighted in the recommendations below. Regulatory Measures recommended for consideration To properly address the issue of dynamic signage, it is recommended that the sign code address the following: 1. Identify specific areas where dynamic signs are prohibited. This would typically be done by specifying certain zoning districts where they are not allowed under any circumstances. If dynamic signs are to be allowed in specific areas, this could be done by zoning district (only higher level commercial districts are recommended for consideration) or by zoning overlay related to specific purposes (e.g. entertainment or sports facility district) or to specific roadway types. 2. Determine the acceptable level of operational modes in conjunction with such zoning districts or overlays. The various levels include: a. Static display only, with no transitions between messages, b. Static display with fade or dissolve transitions, or transitions that do not have the effect of moving text or images, c. Static display with scrolling, traveling, spinning, zooming in, or similar special effects that have the appearance of movement, animation, or changing in size, or get revealed sequentially rather than all at once (e.g. letters dropping into place, etc.), and 26 d. Full animation and video. 3. If one of the forms of static display is identified as the preferred operational mode, a minimum display time should be established. This display time should correspond to the operation roadway speed (rather than posted speed limit), allowing at most one image transition during the time that the sign if visible to a driver traveling at the operational speed. If a shorter minimum display time is considered, the effects of message sequencing should be considered. Wait intervals of more than 1-2 seconds between sequenced messages have the potential to become more of a distraction as viewers wait impatiently for the next screen, in an effort to view the complete message. 4. If the community wishes to accommodate animation or video in some or all locations where dynamic are permitted, a minimum and maximum duration of a video image should be established. The purpose for establishing a time limit is to ensure that the message is conveyed in a short, concise time frame that does not cause slowing of traffic to allow drivers to see the entire message. Given the creativity of advertising, these video images may be seen as a form of entertainment, and people typically like to see an entertaining message through to the end. Differentiate between zoning districts where dynamic signs are permitted by right, and zoning districts, overlay districts, or special districts where they should only be allowed through the approval of a Conditional Use Permit. A CUP would involve public notification and review and approval by the Planning Commission. Other options would include a design review board or other dispute resolution process. 5. Consider the establishment of minimum distance requirements between electronic outdoor advertising devices in relation to the zoning district or roadway context in which the signs are allowed. 6. Consider size limitations on dynamic signs for zoning districts where they are allowed. This may vary from one district to another. 7. Consider if dynamic signs are allowed independently, or if they must be incorporated into the body of another sign, and therefore become a limited percentage of the overall sign face. 8. Establish a requirement for that all dynamic signs that emit light be equipped with mechanisms that allow brightness to be set at specific nit levels and respond accurately to changing light conditions. The City must establish the authority to disable or turn the device off if it malfunctions in a manner that creates excessive glare or intensity that causes visual interference or blind spots, and require that the device remain inoperable until such time that the owner demonstrates to the appropriate city official that the device is in satisfactory working condition. If such technology is not available, consideration should be give to banning dynamic signs that emit light until such time as the technology allows brightness levels to be precisely controlled. 27 • • • 9. Consider maximum brightness levels that correlate to ambient (day or night condition, lighting of surrounding context) light levels. A maximum daytime and separate nighttime nit/footcandle level should be established. Consider wording that requires the sign to automatically adjust its nit level based on ambient light conditions. 10. Consider a requirement for a written certification from the sign manufacturer that the individual sign's maximum light intensity has been preset not to exceed the maximum daytime illumination levels established by the code, and that the maximum intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. 11. Require sign owners to provide an accurate field method of ensuring that maximum light levels are not exceeded. If such a method cannot technically be provided, consider banning dynamic signs that emit light until such time as the technology is available. 28 • • • Appendix A Current Sign Technologies Appendix A — Current Sign Technologies Roadside signage has long been used to alert and direct travelers to retail businesses, lodging, attractions and other destinations. Until the 20 century much of this image was "static" in nature, presenting a single image that could only be altered by repainting or otherwise removing an image and replacing it with another. With the advent of motorized travel, signage became more "dynamic" or active in its efforts to attract the traveler's attention as they moved at ever increasing speeds. Initially, motion was created by flashing bulbs or alternating sets of neon tubes. Today's technologies allow for an increasingly sophisticated display of images that can be manipulated by a few strokes of a keyboard. Simpler forms of signs capable of displaying multiple images include "tri- vision" signs which present a series of images through mechanical rotation of multi -sided vertical strips. The rotation occurs at regular intervals presenting a series of static images. Other forms are electronically produced, allowing for a wide range of colors, messages and images depending on the level of technology, and typically produced by light emitted by the sign face. Basic levels of technology present letters or numbers in a single color of light, such as "time and temperature" signs or gas pricing signs. Many of these signs can present longer images in a scrolling fashion, or can provide simple animations. Recent advances have introduced a variety of technologies to the outdoor advertising arena. The largest impact has been made with LED signs which offer an inexpensive yet powerful approach that combines full motion, brilliant colors and a readable display. Other technologies are in development, including "digital ink" signs that offer a changeable medium on a surface that looks like a normal vinyl billboard. These signs manipulate ink on the surface, allowing for a dynamic presentation of images without being internally illuminated. The various sign technologies are referenced by a wide array of terms: "changeable message signs," "electronic billboards," "animated signs." In general, this report focuses on the broad range of signage types which are capable of displaying multiple images through electronic manipulation, which we will refer to as "dynamic" signing. Reference to specific signage types is made when necessary to discussion of specific issues (e.g. the brightness of LED signage). A -1 • • • • • • Appendix B Outdoor Advertising Sign Brightness Definitions Appendix B — Outdoor Advertising Sign Brightness Definitions This appendix defines various technical terms that are used to describe the operational aspects of electronic billboards. Billboard Illuminance Billboard illumination is typically discussed using two terms: illuminance and luminance. Because this section includes some technical jargon, a glossary that further defines terms used in outdoor advertising is provided in Appendix C. Illuminance: The amount of light that is incident to the surface of an object. This is the method for describing ambient light levels or the amount of light that is projected onto a front -lit sign. This parameter is typically measured in lux (footcandles x meters). For the purposes of dimming, illuminance is discussed to describe the ambient light that hits the photocell. Luminance: The amount of light that emanates from an internally illuminated sign. This parameter is measured in nits. The nit levels necessary for the sign to be legible vary with the ambient light conditions. On a sunny day, the nit levels must be very high, while at night, the levels must be very low to prevent the image from distorting and to prevent glare. Billboard Luminance (Brightness) Luminance is measured in nits (candelas /square meter) and describes how bright the image is. In essence, it is the amount of light that is radiated from the sign divided by the amount of surface area of the sign. No matter how big the sign is, the luminance of the sign is consistent. For example, the brightness of computer monitors is also measured in nits. The European standard "EN 12966" specifies that at certain ambient light levels, the sign should output a given number of nits. There are different tables for each color due to the properties of how the human eye interprets each color. The color that is most often used to set dimming levels is white. The FHWA has developed recommended practices for dynamic message signs installed within the roadway right -of -way. The standard is NEMA's TS -4 "Hardware Standards for Dynamic Message Signs (DMS) With NTCIP Requirements." Note that these standards were prepared for message signs deployed within the roadway right -of -way and should not be taken as recommended luminance levels for advertising signs. Table A -1 provides a simplified version of the NEMA TS -4 standard for the color white. Table A-1 - Luminance Standards Ambient Approximate Minimum Maximum Light Light Luminance Luminance (lux) (nits) (nits) 40,000 Sunlight 12,400 62,000 B -1 • • • 10,000 Cloudy 12,400 4,000 Overcast 2,200 11,000 400 Sunrise /Sunset 600 3,000 40 Candlelight 250 1,250 less than 4 Moonli ht 75 375 Source: NEMA TS -4 (2005) Billboard Resolution Billboards require far less resolution than print advertisements. For example, Clear Channel's LED "Digital Outdoor Network" LED bulletin -size (14' x 48') billboards require dimensions of only 208 pixels high by 720 pixels wide. If this image were to be printed at 300 dots per inch (dpi), a typical print resolution, the entire image would be less than 1.7 square inches. Therefore, it is ideal to keep the message on these signs simple and clear because they do not currently allow resolutions similar to printed images. Dimming To maintain readability, the brightness of a sign must be adjusted to match ambient light conditions. If this is not done, the image will appear too bright and can even degrade the image quality through a phenomenon called "blooming." If the image blooms, the brightest areas of the image bleed over into darker parts and the image clarity is degraded. Dimming is typically controlled by a photocell, which measures the ambient light conditions and varies the light output of the sign based on preconfigured settings. As ambient light conditions darken, the photocell senses the decrease and lowers the light output of the sign. Some sign manufacturers do not incorporate photocells in their electronic signs. Electronic billboard dimming can also be controlled by scheduled dimming according to time of day or manual dimming. On- premise signs may use any of these methods, but most, if not all, off- premise standard size electronic billboards are auto dimmed by photocell. Some signs include user - defined dimming curve capability allowing total control over sign brightness and adjustability to accommodate local brightness ordinances. B -2 Appendix C Electronic Outdoor Advertising Device Visual Performance Definitions • • • • Appendix C — Electronic Outdoor Advertising Device Visual Performance Definitions Conspicuity Contrast Legibility Glare Conspicuity is the property that related to the contrast between a sign and its background and its ability to stand out from its surroundings. This is a subjective property that depends on many factors of both the environment and the viewer. Contrast is the property that defines the relationship between the brightness of the brightest color possible to the darkest color possible on a sign. In times when ambient conditions are very bright, such as a sunny day, the darkest color may still be very bright due to the sun's reflection off the sign. In these cases, the lighter colored areas of the billboard's image must be much brighter than the contrasting dark areas. The ability of the driver to read a sign is related to its legibility. Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. Conversely, with small text the driver is more likely to focus on the sign for a longer period of time and possibly wait until the sign is very close. State departments of transportation use NEMA's TS -4 document for this criterion. This document specifies many characteristics related to legibility including character height, resolution and color. Disability Glare The first form of glare is disability glare. This occurs when a driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare Discomfort glare is when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle. Frequency of Change The frequency of change is determined by the interval of time between sign image changes. The rate of change can usually be adjusted by the owner and operator of the sign. Frequency c -1 of change is highly variable, with some on- premise signs changing faster than once per second. While no standard is generally accepted, local government agencies have used ordinances to limit the frequency to anywhere from 5 seconds to 24 hours. Interactive signs Interactive signs change their message based on the person viewing it. For example, the caretaker MINI has installed variable message signs that display a customized message to car owners who have special key dongles containing a radio frequency identification (RFID) chips when the dongle is in close proximity to the sign. Another example is a microphone system that identifies the radio stations passing drivers are listening to and displays a specific message for that station. C-2 o o o • ' B. Wallace, "Driver Distraction by advertising: genuine risk or urban myth ?" Proceedings of the Institution of Civil Engineers, Municipal Engineer 156, 2003. 2 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- Message Signage. Report No. FHWA- RD -80- 051," Washington, D.C., 1980. 3 A.R. Lauer and J.C. Mcmonagle, "Do Road Signs Affect Accidents ?" Eno Transportation Foundation, 1955. 4 D. Faustman, "A study of the relationship between advertising signs and traffic accidents on U.S. 40 between Vallejo and Davis." San Francisco: California Roadside Council, Report CRC No. 165, 1961. 5 S. Weiner. "Review of report." Washington, D.C.: Federal Highway Administration, Environmental Design and Control Division, August 1973. 6 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- Message Signage. Report No. FHWA- RD -80- 051," Washington, D.C., 1980. 7 D. Crundall et al., "Attraction and Distraction of Attention with Roadside Advertisements," Elsevier, 2006. 8 D. Beijer and A. Smiley, "Observed Driver Glance Behavior at Roadside Advertising Signs," Transportation Research Record, 2005. 9 A. Smiley et al., "Impact of Video Advertising on Driver Fixation Patterns. Transportation Research Record, 2004. 10 G. Wachtel, The Veridian Group, "Video Signs in Seattle — Final Report." 2001. 11 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- Message Signage. Report No. FHWA- RD -80- 051," Washington, D.C., 1980. 12 C. L. Dudek et al., "Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs," Operations Office of Travel Management: Federal Highway Administration, Washington, D.C., 2005. " "NHTSA Driver Distraction Forum: Summary and Proceedings," < http : / /www- nrd.nhtsa.dot.gov /pdf/ nrd- 13/FinallntemetForumReport.pdf >, accessed on February 14, 2007. 14 iReport of the Road Safety Committee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Australia, 2006, p. 110. 15 A.W. Johnston and B.L. Cole, "Investigations of Distraction By Irrelevant Information," Australian Road Research Board, 1976. 16 S.G. Klauer et al., "Impact of Driver Inattention on Near - Crash/Crash Risk: An Analysis Using the 100 -Car Naturalistic Driving Study Data," National Highway Traffic Safety Administration, 2006. 17 Driver Inattention Is A Major Factor In Serious Traffic Crashes," <http: / /www.nhtsa.dot.gov /people/ outreach/traftech/TT243.htm >, accessed on February 14, 2007. 18 J. Wang, "Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System, 40th Annual Proceedings, Association for the Advancement of Automotive Medicine, Vancouver, British Columbia, 1996. 19 University of North Carolina Highway Safety Research Center, "The Role of Driver Distraction in Traffic Crashes, "2001. 20 K. Harder, "The Effectiveness and Safety of Traffic and Non - Traffic Related Messages Presented on Changeable Message Signs (CMS) ", Minnesota Department of Transportation, St. Paul, Minnesota, 2003. 21 "Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons, Permitee, Telespot of New England Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended," The Commonwealth of Massachusetts Outdoor Advertising Division, 1976. 22 Wisconsin Department of Transportation (1994). Milwaukee County Stadium Variable Message Sign Study. Wisconsin, USA: Intemal Report, Wisconsin Department of Transportation. 23 T. Szymkowski, University of Wisconsin, Madison, Interviewed on February 20, 2007. 24 Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction," 2001. 25 G. Davis, FHWA Office of Safety Research and Development, Interviewed on February 23, 2007. 26 CTC & Associates LLC, "Electronic Billboards and Highway Safety, <" http: / /www.dot.wisconsin.gov/library/ research / docs / tsrs /tsrelectronicbillboards.pdf>, accessed on February 14, 2007. 27 Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction," 2001. 28 "Report of the Road Safety Committee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Australia, 2006. 29 D. Mandelker, A. Bertucci and W. Ewald. "Street Graphics and the Law," APA Planning Advisory Service, 2004, pp. 51- 55. • ) • ) Issue Sign regulations for non - residential areas of the City. Background The biggest issues that this Committee will have to work on is to determine sign regulation changes needed for non - residential areas of the City. Staff would like to discuss certain issues with the Committee before bringing back recommendations. There are several major issues that staff would like to discuss with the Committee: 1. Should all non - residential areas of the City be treated the same? How do signs fit with the big picture for the City's overall development? 2. Are there some areas of the City, that given their locations (i.e. next to major freeways, adjacent to residential zones, etc), require special sign needs? 3. Are there certain uses that should be regulated in a different manner given specific issues with how the use functions? It is not necessary at this time to have consensus on any of the items listed above. Additionally, staff would like to know if there are any other issues that the Committee would like staff to examine before providing recommendations on the various sign issues within the City's non - residential zones. Analysis None at this time. Recommendation None at this time. B. Miles Cizy of Tukwila Department of Community Development Jack Pace, Director AC;.4.1 rnAo iT.1Aato\A.toor;l,Re \C:.... A\r,......a. : ..l C; Sign Code Advisory Committee Meeting #4 July 31, 2008 Agenda Item C Page 1 07/25/2008 1 r A A A.... Jim Haggerton, Mayor KENYON DISEND, PLLC MICHAEL R. KENYON BRUCE L. DISEND SHELLEY M. KERSLAKE SANDRA S. MEADOWCROFT CHRIS D. BACHA MARGARET J. KING TO: Sign Code Committee FROM: Shelley Kerslake, City Attomey DATE: July 28, 2008 RE: Regulation of Electronic Signs THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 W W W . KENYONDISEND. COM (425) 392 -7090 • (206) 628 -9059 FAx (425) 392 -7071 I. ISSUES KERRI A. JORGENSEN PETER B. BECKWITH RENEE G. WALLS KARI L. SAND MONICA A. BUCK KATHRYN J. HARDY AMY JO PEARSALL Attachment B This week you will be considering the regulation of electronic signage within the City of Tukwila. There are some important issues to keep in mind when considering one of the most quickly changing technologies in the sign industry. This memo will outline some of those issues and provide resources to consider while studying this issue. II. LEGAL AUTHORITY A. Local Government's Authority to Regulate Electronic Signs. A local government can exercise its police powers to regulate electronic signs within its borders, but must be scrupulous to regulate only the non - communicative aspects of signs to avoid violating any First Amendment free speech rights. State law addresses regulation of signs in areas adjacent to state highways and signs that are visible from the main travelled way of the interstate, primary, and scenic systems, but does not preempt local government from enacting laws with stricter requirements Some cities have completely banned the use of outdoor electronic advertising signs and some have allowed them only in certain zoning districts. Municipal ordinances in other states that have imposed a complete ban on electronic signs have been upheld against First Amendment 1 RCW 47.42.010, et.seq., Highway Advertising Control Act — Scenic Vistas Act; WAC 468 -66, Highway Advertising Control Act 2 RCW 47.42.048 and .070. Constitutional challenges as long as they were content - neutral, narrowly tailored to serve a significant governmental interest, and left open ample alternative channels of communication. Traffic safety and community aesthetics have been recognized as legitimate significant governmental interests in connection with sign regulation. For example, in Kentucky the court struck down an ordinance which allowed electronic signs which displayed time, date and temperature, yet did not allow electronic signs which displayed commercial messages, such as the price of gas. The court found this regulation to be content based and therefore unconstitutional. The court held that highway safety and aesthetics can be legitimate state interests, if regulated in a content neutral manner. By allowing public service information and not other messages, commercial or noncommercial, the court found that Kentucky's sign regulations did not meet the above stated test. Similarly, in Naser Jewelers, Inc. v. City of Concord, New Hampshire, 513 F.3d 27 (C.A. 1, N.H. 2008), a municipal ordinance that prohibited all Electronic Messaging Centers (EMC's) , (signs that display electronically changeable messages) was found to be a permissible, content - neutral restriction on First Amendment speech. It was narrowly tailored to serve the significant governmental interests of traffic safety and community aesthetics, and left open alternative channels of communication. The challenged ordinance prohibited "all signs that `appear animated or projected', or `are intermittently or intensely illuminated or of a traveling, tracing, scrolling or sequential light type' or `contain or are illuminated by animated or flashing light, "' and had no exception for signs with only time and/or temperature displays. When considering regulation of electronic signs, a distinction should be made between dynamic electronic signs, those that appear to change or create a sense of movement, and static electronic signs, those which are illuminated but the display content remains constant for periods of time, as they raise different traffic safety and aesthetic considerations. B. Tukwila's Current Sign Code. Tukwila's current sign code allows electronic signs, as long as the advertising copy or message is not changed more frequently than once every 24 hours. If the advertising copy or message is changed more frequently than once every 24 hours, then the sign will be considered an animated sign, TMC 19.12.050. The code prohibits animated signs,(TMC 19.28.010) which are defined as: "...any sign or portion of which physically moves, appears to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to Flying J Travel Plaza v. Commonwealth of Kentuky, 928 S.W. 2d 344 (1996). 4 The Court referred to the history of Concord's sign ordinance prohibiting electronic signs, which originally contained an exception for time and/or temperature only displays but was found unconstitutional in a challenge in Superior Court because of that exception. The ordinance was then amended and the New Hampshire Supreme Court' found the amended regulation with no exceptions constitutional. 'Carlson's Chrysler v. City of Concord, N.H., 156 N.H. 399, 938 A.2d 69 (2007). -2- 0 • The Code regulates Video Displays at Sports Stadiums (TMC 19.32.200), Illumination and Brightness Levels of Signs (TMC 19.16.035), and Billboard Area Restrictions (TMC 19.32.040. Regulation of Electronic Message Boards was addressed for one year in TMC 19.32.300, but is no longer in effect. Title 19, the Tukwila Sign Code, is attached for your reference. B. State Laws Regulating Electronic Signs. State law, the Highway Advertising Control Act, addresses regulation of signs in areas adjacent to state highways and signs that are visible from the main travelled way of the interstate, primary and scenic highway systems. State law does not preempt local governments from enacting local laws with stricter requirements for signs in those areas. The Act provides that electronic signs may only be used for on- premise signs and/or to present public service information, and specifies parameters for allowable methods, timing and brightness of displays. The Act does not regulate on- premise signs (type 3) located along primary system highways inside an incorporated city or town or a commercial or industrial area. See RCW 47.42.062, WAC 468 - 66-030 and WAC 468- 66- 050(3)(g) and (h), attached. C. A Sampling of Other Local Jurisdictions in Washington. Local jurisdictions in Washington have taken varying approaches to regulating electronic signs. Maple Valley has banned all animated and electronic signs, as defined in its sign code. (excerpts below), in all zones. Maple Valley 18.50.010 expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or animation at a frequency more rapid than once every 24 hours. Signs or portions of signs displaying a changing message content that is strictly limited to time, date or temperature, or those permitted under TMC 19.32.300, shall not be construed to be animated. Scoreboards shall not be considered animated signs. TMC 19.08.030. D. Prohibited Signs. The following signs or displays are prohibited in all zones within the City. Prohibited signs are subject to removal by the City at the owner or user's expense. Confiscated signs are destroyed after seven days. Owners may recover their signs within that time period by paying a fine prescribed in the fee schedule. 3. Animated signs or displays;... 6. Electronic changeable message signs, except for temporary signs required by government agencies for road and street repairs, and similar activities. This prohibition includes, but is not necessarily limited to, signs which include animation, flashing, traveling, or scrolling messages or displays;... 7. Flashing signs or displays; 12. Moving signs;... 14. Festoons, pennants, or blinking lights;... 19. Scrolling displays;... 22. Traveling displays; .... 18.50.010 B. Definitions 4. "Animated sign or display" means a sign or display that uses movement or the appearance of movement through the use of patterns of lights, changes in color or light intensity, computerized special effects, video displays, or through any other method; except for the scrolling of a static message or scene onto or off a sign board in one direction per message... . 24. "Electronic changeable message sign" means an electronically activated sign whose message content or display, either whole or in part, may be changed by means of electrical, electronic or computerized programming. A sign or portion of a sign on which the message or display is an electronic indication of fuel price shall be considered an electronic changeable message sign. A sign on which the sole message or display is an electronic indication of time and/or temperature shall be considered an electronic changeable message sign. Drive - through business /menu signs are not considered electronic changeable message signs.... 27. "Festoons, pennants, or blinking lights" means a string of ribbons, tinsel, small flags, pinwheels, or similar items that attract attention through movement, reflection, or illumination. 29. "Flashing sign" means a sign of which any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination, with a display that appears for less than one and one -half consecutive seconds.... 50. "Moving sign" means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene; or signs that rotate or have a part(s) that moves or revolves (except the movement of the hands of a clock)... 72. "Scrolling displays" means the vertical movement of a static message or display on an electronic changeable message sign.... 81. "Traveling displays" means the horizontal movement of a static message or display on an electronic changeable message sign. Additional examples of local regulation of electronic signs in the following jurisdictions are attached. Seattle SMC 23.55.005 Video Display Methods • Newcastle 18.20.040 Prohibited Signs Kirkland 100.110 Illumination Limitations on Electrical Signs D. Approaches to Limited Use of Electronic Signs in Other States. Some jurisdictions prohibit electronic signs generally, but permit them in specific zones to accomplish identified policy objectives in those zones. Some examples are: Minneapolis, Minnesota created a "Downtown Opportunity Billboard District to accomplish its policy goals "to create street level excitement in the Entertainment District ". To create a street level environment that is "visually exciting ", the city allowed flashing, blinking or animated signs in this district only. Such signs were prohibited elsewhere in the city. Written messages contained in the "flashing, blinking or animated signs" were, however, "limited to the news, weather, time or other public services messages ", and "the vertical dimension of such changing written message [were limited to] four feet ". East Dundee, Illinois created a video display overlay district and a static electronic display overlay district for new car dealerships, amusement parks and multi -tenant retail centers. Signs with animated graphics and video were allowed with the limitations that the area of the electronic message could not exceed 75% of the sign area and the intensity, illumination and movement of any illumination could not constitute a traffic hazard. The same limits applied to static electronic signs, and, in addition the city required that each message be displayed for a minimum of 10 seconds and had to change with transitions that did not create a sense of movement. "Flashing signs" "moving, rotating, or animated signs or signs creating the illusion of movement" were prohibited in all other areas. Many issues need to be considered in deciding whether to allow electronic signs, and if so, which kinds, where, and with what limitations. Three articles are attached that provide very useful facts and discussions regarding regulation of electronic signs: "Billboards in the Digital Age" (from Scenic America). "Local Regulation of Dynamic Billboards and Signs: Bridging Research, Planning Policy, and Law," John M. Baker and Robin M. Wolpert, Presented at IMLA 72 Annual Conference, October 2007, Nashville, TN. III. POLICY AND REGULATORY CONSIDERATIONS 5 Minneapolis City Code § 544..60; 544.20 (13), Summarized from Local Regulation of Dynamic Billboards and Signs: Bridging Research, Planning Policy, and Law, John M. Baker and Robin M. Wolpert, Presented at IMLA 72 Annual Conference, October 2007, Nashville, TN, pages 19 — 20. 6 Id, John M. Baker and Robin M. Wolpert, at 20 — 21. 'Dynamic' Signage: Research Related to Driver Distraction and Ordinance Recommendations," SRF Consulting Group, Prepared for the City of Minnetonka, June 2007. A. Policy Considerations. Some of the broad policy considerations that local jurisdictions should discuss in deciding how to deal with electronic sign issues include: 1. Cost- Benefit Analysis. A cost - benefit analysis of safety, potential liability, aesthetics, planning and other policy considerations should be undertaken to decide whether and how to regulate electronic signs. 2. Moratorium. Scenic America, a national nonprofit organization dedicated to preserving the visual character of America's communities and countryside by, among other things, fighting billboard blight, suggests that local governments should enact moratoria on electronic billboards until there is better objective data regarding their safety. The Federal Highway Administration is conducting a study to examine safety issues related to electronic signs, but the results, originally expected in 2009, might not be available until 2010. 3. Changing Technology. Rapidly changing technology poses challenges for drafting ordinances specific enough to effectively regulate existing technology without rendering the ordinances ineffective as technology changes. 4. High Cost of Removal. There are financial risks to allowing electronic signs in the event the City later changes its policies and wants them removed — they are expensive and the cost of compensating sign owners will be high. Scenic America notes that the cost would be particularly high along federal -aid highways where the Highway Beautification Act requires cash compensation and prohibits compensation via amortization. B. Regulatory Considerations. If a jurisdiction decides to permit electronic signs, many specific regulatory issues must be considered including those that fall into the following eight categories: 1. Complete or partial prohibition of electronic signs • Some cities have completely banned the use of outdoor electronic advertising signs and some have allowed them only in certain zoning districts or created zoning overlays related to a specific purpose (e.g.,car showrooms, amusement park or entertainment district, sports facility). • Consider what approval and review processes will be used. 2. Duration/Rate of change of dynamic message • Minimum display times for static display should be established that allow at most one image transition during the time the sign is visible to a driver traveling at the customary speed traveled on the road from which the sign is visible. • • Regulating sequencing and prohibiting displays from changing quickly can minimize potential driver distraction. Some codes specify how an image changes and how or if transitions are used. • Glances of 2 seconds or more increase the risk of crashes or near- crashes. • Dynamic billboards attract more glances or longer glances and the length of those glances (.75 seconds) is close to the minimum perception- reaction time required for a driver to react to a slowing vehicle. • Signs with a visual story or message that carries 2 or more frames are particularly distracting because of the psychological need to follow the message to its conclusion (the Zeigarnik effect) which distracts drivers longer and increases the likelihood of unsafe driving behavior. 3. Whether and under what circumstances to permit motion, animation and video messages • Electronic signs with movement contribute to driver distraction for longer periods of time than static signs. Many communities that allow electronic signs do not allow any type of motion, animation, or video on the signs. • Video, tri- vision, scrolling, flashing, and static signs attract drivers' attention for varying lengths of time. 4. The appropriate level of brightness • Brightness can distract drivers and impair their driving ability. • Many communities establish different brightness levels for daytime and nighttime. • It is difficult to regulate brightness because an appropriate level will vary with the environment it is in. 5. Appropriate placement and spacing of signs • The greater number of advertising signs per road section, the higher the traffic safety risks. This is especially true where heightened driver concentration is required, such as intersections, where pedestrians are present, or where advertising signs may be confused with traffic control signs or devices. Drivers can be visually overloaded if there are too many signs or messages. • Street level signs are more distracting than raised signs. • The less conspicuous a sign, the higher the likelihood of an increased crash rate because it takes a driver longer to make sense of it. • Signs that obstruct a driver's line of sight at an intersection, curve, or point of egress from an adjacent property, or obstruct a driver's view of a traffic control device create safety hazards. • Many communities have established minimum distances between electronic signs. 6. Whether to treat on -site and off -site dynamic signs differently • Make sure on- premises signs serving way- finding purposes are easily legible and can be seen from a safe distance to minimize the risk of being seen too late by drivers who may then engage in dangerous maneuvers and lane - changes. The policy considerations for off -site signs that do not serve a way - finding purpose may be different. • Consider safety issues raised by on- premise signs adjacent to and visible to highways. • Where safety is an issue, on- and off - premises signs should be regulated consistently. 7. Appropriate size of dynamic signs • Size limitations may pertain to the entire sign face or establish that the electronic portion may be only a percentage of the size of the entire sign face. • Size limitations may vary by zoning districts where they are allowed. • The size of signs or the size of the dynamic portion of signs may be a distraction both when the sign is too big and when it is too small. o If it is too big, the driver's attention may be diverted for a lengthy period of time or it may obstruct a driver's ability to see other important things, like traffic control devices and signs. o If it is too small, it will take more time to read and divert the driver's attention from driving tasks for a longer period of time. Also, sign owners are more likely to want to use frequent message changes with smaller signs (so the volume of advertising makes up for the reduced revenue due to smaller size), and frequent message changes increase driver distraction. 8. Appropriate text size for dynamic signs • The less legible a sign, the higher the likelihood of an increased crash rate. • Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. • The speed at which traffic travels on the road from which the sign will be read and the distance from which it is likely to be read need to be taken into account in determining text size. The above information is intended as a starting point to identify issues and policy considerations regarding electronic signs. If you have any questions or would like any additional information, please do not hesitate to contact me at 206.433.1846. • • Title 19 SIGN CODE Chapters: I9.04 General Provisions 19.08 Defuiitions 19.12 Permits 19.16 Design and Construction 19.22 Internal Informational Signs 19.24 Temporary Signs 19.28 Prohibited Signs and Devices 19.30 Staged Compliance Sign Amortization Program 19.32 Regulations Based On Land Use Ca tegories 19.36 Penalties Figures (located at back of this section): Figure 1 Freeway Interchange Business Zones Figure 2 Freeway Interchange Business Zones, West Valley Hwy & 405 Interchange Figure 3 Freeway Interchange Business Zones, Klicldtat Drive Interchange Figure 4 Freeway Interchange Business Zones, Interstate 5 & Interurban Ave S Figure 5 Freeway Interchange Business Zones, SR518 & Tukwila International Blvd Figure 6 Freeway Interchange Business Zones, Interstate 5 & Boeing Access Road Figure 7 Freeway Interchange Business Zones, SR599 & Tukwila International Blvd Figure 8 Freeway Interchange Business Zones, SR599 & Oxbow Interchange Printed January 2008 Sections: 19.04.010 Title 19.04.020 Purposes TITLE 19 — SIGN CODE Chapter 19.04 GENERAL PROVISIONS 19.04.030 liability tor Damages 19.04.040 Severability Clause 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." (Ord. 1274 §1(part), 19521 19.04.020 Purposes The purposes of this code are: 1. 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 orderly, and safety may be increased by minimizing clutter and distraction; 2. To provide sign options that encourage public agencies to communicate with members of the public; 3. To establish administrative procedures for the implementation of this code; and 4. 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. (Ord. 2126 §1. 2006; Ord. 1274 § !(part/, 19521 19.04.030 Liability for Damages Nothing in this code shall relieve any person, cor- poration, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. (Ord. 1274 § 1 i part). 1932) 19.04.040 Severability Clause If any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 1274 § !(part), 19821 Page 19 -1 TUKWILA MUNICIPAL CODE Sections: 19.08.010 19.08.020 19.08.030 19.08.040 19.08.050 19.08.052 19.08.055 19.08.060 19.08.070 19.08.080 19.08.090 19.08.100 19.08.105 19.08.110 19.08.115 19.08.120 19.08.125 19.08.130 19.08.140 19.08.150 19.08.160 19.08.170 19.08.172 19.08.175 19.08.180 19.08.190 19.08.192 19.08.195 19.08.200 19.08.210 19.08.215 19.08.217 19.08.218 19.08.220 19.08.230 19.08.240 19.08.260 Chapter 19.08 DEFINITIONS Generally Access Road Animated Sign Area and Background Area Billboard Commercial Zones Electronic Sign Exposed Building Face Freestanding Sign Freeway Interchange Business Sign Glare Height Holographic Display Hotel Industrial Zones Internal Information Sign Museums Off- Premises Sign On- Premises Sign Permanent Sign PIanned Shopping Center (Mall) Portable Sign Premises Public Facility Real Estate Sign Real Estate Directional Sign Residential Zones Scoreboard Shared Directional Sign Sign Special Permission Sign Sports Field Sports Stadium Temporary Sign Traffic Markings Traffic Sign Unique Sign 19.08.010 Generally Special words used in this code shall be defined as set out in this chapter. (Ord. 1274 §/(part), 1982) 19.08.020 Access Road "Access road" means a driveway, as defined in TMC 18.06.015. ( Ord. 1274 § Wart). 19821 19.08.030 Animated Sign "Animated sign "means any sign or portion of which physically moves, appears to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or animation at a frequency more rapid than once every 24 hours. Signs or portions of signs displaying a changing message content that is strictly limited to time, date or temperature, or those permitted under TMC 19.32.300, shall not be construed to be animated. Scoreboards shall not be considered animated signs. (Ord. 2126 §2, 2006; Ord. 2096 §1(part), 2005: Ord. 2010 §1, 2003: Ord. 1274 §1(part), 1982 19.08.040 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 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. (Ord. 1274 § 1(part /. 1982) 19.08.050 Billboard "Billboard" means a sign or visual communication device, its structure and component parts, whose prin- cipal 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. (Ord. 1274 § /(part), 19821 19.08.052 Commercial Zones "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI and TVS. (Ord. 2096 § 1 (part), 20051 19.08.055 Electronic Sign "Electronic Sign" means a sign containing a display that can be changed, by electrical, electronic or com- puterized process. (Ord. 2019 §2, 2003) 19.08.060 Exposed Building Face "Exposed building face" means that portion of the building exterior wall or tenant space wall area of the building, together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes as provided below: 1. That portion of the building wail fronting on the principal public street from which the building has access; or 2. That portion of the building wall which fronts on an access road; or 3. That portion of the building wall wherein the principal public entrance to an individual tenant space within a multi-tenant building Is located. lOrd. 1274 §!(part). 1 Page 19-2 Printed January 2008 • • 19.08.070 Freestanding Sign "Freestanding sign" means a sign Installed on a permanent foundation, not attached to a building or other structure. (Ord. 1274 5/(part), 198 2) 19.08.080 Freeway Interchange Business "Freeway interchange business" means a business located within the areas designated on Exhibit A of this ordinance, situated within a radius of 1,000 feet from the freeway entry /exit point or industrial zone, but not separated by a physical barrier from the entry /exit intersection. The freeway interchange sign 1s primarily oriented to the passing motorist on the adjacent freeway, and shall identify businesses such as regional shopping malls, eating, lodging or service station facilities that serve the traveling public. No wall- mounted sign can be classified as a "freeway interchange business" sign. (Ord. 18 51, 1999 Ord 1274 § 1(part), 1982) 19.08.090 Glare "Glare" means the creation of an intense relative brightness exceeding 250 foot - lamberts, which causes difficulty in the observation of the general area around the sign. (Ord. 1274 §)(part), 19821 19.08.100 Height "Height" means the distance measured from: 1. The lowest point of elevation of the ground between the top of the sign and a point five feet distant from said sign, or 2. The lowest point of elevation of the finished surface of the ground between the top of the sign and the property boundary, if it is less than five feet distant from said sign. (Ord. 1274 §!(part), 19821 19.08.105 Holographic Display "Holographic display" means any display that creates a three - dimensional image through projection. (Ord. 2019 53, 2003) 19.08.110 Hotel "Hotel" means a building or portion thereof designed or used as a transient rental facility as defined in TMC 18.06.440. (Ord. 1273 § 1(partl, 19821 19.08.115 Industrial Zones "Industrial Zones" means any area of the City zoned L1, 1-11, MIC /L and MIC/H. (Ord 2006 §1(partt, 2005) 19.08.120 Internal Information Sign "Internal information sign" means a sign which gives directional information or identifies specific use areas and which is necessary to maintain the orderly internal use of the premises, such as those signs which identify employee Printed January 2008 TITLE 19 — SIGN CODE parking, shipping, clearance or which restrict ingress and egress. Not included in this definition are signs which are not directly related to an identified need for orderly internal use of the property and off - premises or portable signs. (Ord. 1274 5/(part), 1982) 19.08.125 Museums "Museums" means a non -profit institution where works of artistic, historical, and /or scientific value are cared for, kept and displayed. (Ord. 2090 51 /part 1, 20051 19.08.130 Off•Premises Sign "Of premises sign" means any sign which is not on the same premises as the business with which it is identified, or which cannot be classified as an on- premises sign under TMC 19.08.140. (Ord. 185752. 1998; Ord. 1274 5/(part). 10821 19.08.140 On- Premises Sign "On- premises sign" means a sign which displays advertising copy specifically related to a primary use of the premises on which it is located, including signs or sign devices indicating the business transacted at, services rendered, goods sold or produced on the immediate premises, name of the business, person, firm or corporation occupying the premises, including signs with adjustable copy known as readerboards. Said sign must be on the same premises as the business with which it is identified. (Ord 185753,.1998: Ord. 1274 §1 /part). 1982) 19.08.150 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. (Ord. 1214 5/(part), 19821 19.08.160 Planned Shopping Center (Mall) "Planned shopping center (mall)" means a multiple - tenant retail development, as defined in TMC 18.06.750 (Shopping center, planned). (Ord. 1274 §11part), 1082) 19.08.170 Portable Sign "Portable sign" means a sign which is not permanently affixed to a structure and is designed for or capable of movement, except those signs explicitly designed for people to carry on their persons or permanently affixed to motor vehicles operating in their normal course of business. (Ord. 1274 § !(part/, 1982) 19.08.172 Premises "Premises" means one or more contiguous lots of record (exclusive of any right-of-way), owned or managed by the same individual or entity. (Ord. 185751, 19981 Page 19 -3 TUKWILA MUNICIPAL CODE 19.08.175 Public Facility "Public facility" means any facility funded with publlc funds which provides a service to the general public, including but not limited to a public school, public library, community center, public park, government facility or similar use. (Ord. 1617 §? 19911 19.08.180 Real Estate Sign "Real estate sign" means a sign displayed for a limited time and offering the immediate premises for sale, rent or lease. (Ord. 1274 §!(part), 19821 19.08.190 Real Estate Directional Sign "Real estate directional sign" means an off - premises sign displayed for a limited time and offering a particular property for sale, rent or lease. (Ord. 1274 § 1(part), 19821 19.08.192 Residential Zones "Residential Zones" means any area of the City zoned LDR, MDR or HDR. (Ord. 2096 § !(part), 20051 19.08.195 Scoreboard "Scoreboard' means a visual communication device used to display the time, score, period, quarters, innings, downs, yards to go, and any other information directly relevant to a sporting event. (Ord. 2096 §1(part). 2005) 19.08200 Shared Directional Sign "Shared directional sign" means a directional sign erected and maintained by several adjacent businesses as a single sign. (Ord. 1274 § l (part), 19821 19.08.210 Sign "Sign" means any medium, including paint of 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 readerboards are considered signs. (Ord. 1274 § 1(part), 19821 19.08.215 Special Permission Sign "Special Permission Sign" shall mean a sign requiring a Type 2 decision as set forth in TMC 19.22.010, 19.22.020, 19.32.020, 19.32.080, 19.32.140, 19.32.150 or 19.32.180. (Ord. 2096 §!(part). 2005; Ord. 1770 §67, 19961 19.08.217 Sports Field "Sports Field` means an outdoor area solely dedicated to function as a place for competitive sporting events such as but not limited to football, soccer, baseball and softball. (Ord 2090 §!(part), 2005) 19.08.218 Sports Stadium "Sports Stadium" means a permanent structure or complex that either partially or completely encloses a sports field and provides fixed seating, permanent restroom facilities, and permanent concession stands. (Ord. 2096 §1(partl, 2005) 19.08.220 Temporary Sign "Temporary sign" means 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. /Ord. 1274 § 1 f pari). 1982) 19.08.230 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. (Ord. 1274 §!(part/, 1982) 19.08.240 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. (Ord 1274 §1(parr), 1982) 19.08.260 Unique Sign "Unique sign" means a building or other structure of unlque design and exterior decor, where the entire structure may be considered an advertising device, including but not limited to shapes imitating hats, boots, tires, statues, parts of anatomy, or manufactured items such as airplanes, cars, boats, carriages, or symbols which may or may not contain lettering. (Ord. 1274 § !(part), 1982! Page 19-4 Printed January 2008 • • • Sections: 19.12.010 19.12.020 19.12.030 19.12.050 19.12.060 19.12.070 19.12.080 19.12.090 19.12.110 19.12.120 19.12.130 Chapter 19.12 PERMITS Required Application Procedure Application for Sign Permit - Contents Exceptions - Permits Not Required Criteria for Granting Variances Fees - Permanent Signs Fees - Temporary Signs Fees - Work Started Prior to Permit Issuance Maintenance and Removal of Signs Special Permit Signs and Displays Revocation 19.12.010 Required A. No sign, the message of which is discernible from the public right-of-way, adjacent properties, or adjacent businesses, shall hereafter be erected, re- erected, con- structed or altered, except as provided by this code and a permit for the same has been issued by the City acting through its Planning Director, provided that a sign posted for purposes of giving public notice pursuant to TMC 18.104.110 shall be exempt from the requirements of this title. B. A separate permit 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. (Ord. 2096 §2tparrl, 2005: Ord. 1913 §l(partl, 20001 19.12.020 Application Procedure Application for a sign permit shall be made in writing upon forms furnished by the Department of Community Development. Sign permits other than special permission signs and unique signs shall be a Type 1 decision, provided that the denial of approval for a Type 1 sign permit shall be appealable to the Planning Commission pursuant to the provisions of TMC 18.108.020 for appeals of Type 2 decisions. Special permission signs shall be a Type 2 decision and shall be processed pursuant to the terms of TMC 18.108.040 and .050. Unique signs shall be a Type 3 decision and shall be processed pursuant to the terms of TMC 18.108.030. Such application shall contain the location of the proposed sign structure by street and number or by surveyor's exhibit or legal description, as well as the name and address of the sign contractor or erector. (Ord. 1913 §1 /part /, 2000/ 19.12.030 Application for Sign Permit - Contents When applying for a sign permit, a simple illustration showing how the proposed sign shall look on the site shall be submitted. A vicinity map at a scale of 1 inch representing 200 feet (or larger) shall be required, showing the property on which the proposed sign Is Printed January 2008 TITLE 19 -- SIGN CODE located, the street and nearest intersection, together with a site map at the scale of 1 inch representing 20 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 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. (Ord. 1913 §1 1part/. 2000/ 19.12.050 Exceptions - Permits Not Required A. 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): 1. The changing of the advertising copy or message on a theater marquee, readerboard, billboard, and similar signs specifically designed for the use of replacement copy, or the changing of the advertising copy or message on an electronic sign, so long as the advertising copy or message is not changed at a frequency more rapid than once every 24 hours. A change in the advertising copy or message that occurs more rapidly than once every 24 hours will cause the sign to be considered to be an animated sign under TMC 19.08.030 and is prohibited under TMC 19.28.010(3). 2. Repainting of an existing sign when there is no other alteration. 3. Temporary signs and decorations customary for special holidays, such as Independence Day and Christmas, erected entirely on private property. 4. Real Estate Signs: a. Real estate signs 16 square feet or less in area offering the immediate premises for sale, lease or rent, except in LDR, MDR and HDR zones where the maximum sign area allowed is 6 square feet. b. Portable real estate directional signs (such as "A" boards), provided they are used only when the real estate company representative, agent or seller is in attendance at the property for sale. c. Rigid real estate directional signs, provided they are used to advertise a property that is currently for sale. 5. Signs not exceeding 4 square feet in area and advertising acceptance 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. 6. One, on- premises sign not electrical or illuminated, 4 square feet in area or less, which is affixed permanently on a plane parallel to the wall that is located entirely on private property. 7. Traffic signs and /or markings, for the purpose of regulating, warning, or guiding traffic, whether on public or private property. Such signs and markings Page 19 -5 TUKWILA MUNICIPAL CODE shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation, Federal Highway Administration. 8. Bulletin boards not over 12 square feet in area for each public, charitable or religious institution when the same is located on the premises of said institution. 9. Temporary signs denoting the architect, engineer or contractor, when placed upon work under construction and not exceeding 32 square feet in area. 10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze or other non - combustible material. 11. Signs of utilities indicating danger and service or safety information. 12. A maximum of four internal information signs as defined in TMC 19.08.120 and as regulated by TMC Section 19.22. 13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced) or 64 square feet (if multi- faced); and, if located on private property, must have the consent of the property owner or the lawful occupant thereof. Each political sign shall be removed within 10 days following an election, except that the successful candidates of a primary election may keep their signs on display until 10 days after the general election, at which time they shall be promptly removed. Signs of a more general political nature (not related to an election) are not subject to time restrictions. It is unlawful for any person to paste, paint, affix or fasten onto the surface of any utility pole, bridge, sidewaik, or City-owned or operated vehicle, or any publlc facility of any kind any such sign, poster, bill or advertising device when such facilities are located on public property or within public easements. 14. Window signs which are of a temporary nature for commercial businesses and which occupy less than 25% of the window surface. Signs on or in the window which occupy more than 25% of the window surface are permanent and will be considered part of the overall signing permitted for the business. Such permanent window signs shall require permits. 15. Signs of community service and fraternal organizations, including notation of place and date of regular activity meetings. 16. Temporary signs displayed on City of Tukwila parlcs property. Said signage must be pre - approved by the Director of the Tukwila Parks Department prior to display. B. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this Title, as enumerated in TMC 19.04.020. /OIrd. 2019 55, 2003; Ord. 2004 §I, 2002; Ord. 1913 5I (part), 20001 19.12.060 Criteria for Granting Variances A. Variance review shall be a Type 3 permit pur- suant to 18.104.010. The Hearing Examiner may grant a variance to the requirements of this code only if the applicant demonstrates compliance with the following criteria: 1. That 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 uses of property specified by the zoning classification in which this property is located. 2. That the variance is necessary because of special circumstances relating to the size, shape, topog- raphy, 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. 3. That. the granting of 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 located. 4. That the special conditions and circum- stances prompting the variance request do not result from the actions of the applicant. 5. That the variance as granted represents 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. 6. 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. 7. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety. B. The proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. (Ord. 1913 §11part1, 2000) 19.12.070 Fees - Permanent Signs An application fee shall be paid at the time of application for a permit to erect or install a sign or device controlled by this code. The fee shall be per the Land Use Fee Schedule most recently adopted by the City Council. This fee does not include the costs of engineering checks nor of electrical or other inspections required by other appropriate agencies. (Ord. 2004 52, 2002; Ord. 1913 § 1 / part!. 20001 19.12.080 Fees - Temporary Signs An application fee shall be paid at the time of application for a permit to erect or install temporary signs, banners, streamers, and other special permit signs as provided in TMC Chapter 19.24. The fee shall be per the Land Use Fee Schedule most recently adopted by the City Council. (Ord. 2004 §3, 2002; Ord. 1913 511part), 2000/ Page 19-6 Printed January 2008 • • 19.12.090 Fees - Work Started Prior to Permit Issuance Where work for which a permit is required by this code is started prior to obtaining a permit, the fees specified in the Land Use Fee Schedule 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. (Ord 2004 §4, 2002; Ord. 1913 §!(part). 2000) 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 at all times. The ground area shall be neat and orderly. B. The Planning Director may order the removal or maintenance of any sign that is not maintained in a safe and orderly condition. The order for removal or maintenance of any sign shall be sent by the Planning Director to the person to whom the sign permit was granted, or the property owner if no authorized permit was granted, by certified mail, return receipt requested. If the action requested in the order is not taken within 30 days from the date of the notice, the Planning Director may direct the signs to be removed from the premises. The permittee or owner shall be charged an amount equal to the City cost for removal, but in no event shall the fee be less than $50.00. (Ord. 1913 §!(part), 2000) 19.12.120 Special Permit Signs and Displays Strings or pennants, banners and streamers, festoons of lights, clusters of flags, balloons, searchlights and similar devices of a carnival nature may be displayed on private property only, by special permit. Such permit shall be issued only for the grand opening of a new enterprise or the grand opening of an enterprise under new management. The period of the permit shall not exceed 7 days. Searchlight beams shall not flash against any building or sweep an arc greater than 45 degrees from vertical. 19.12.130 Revocation The Planning Director to revoke any permit upon comply with any provision Printed January 2008 (Ord. 1913 §!(part). 20001 is authorized and empowered failure of the holder thereof to of this code. (Ord. 1913 §1(partl, 20001 Sections: 19.16.010 19.16.020 19.16.030 19.16.035 19.16.040 19.16.050 19.16.060 19.16.070 19.16.080 19.16.090 19.16.100 TITLE 19 — SIGN CODE Chapter 19.16 DESIGN AND CONSTRUCTION I - DESIGN Conformance to Building Code Required Exposed Surfaces - Appearance Glare Prevention Required Illumination and Brightness Levels of Signs Wall- Mounted Signs Signs Near Intersections or Visible from Vehicles II - CONSTRUCTION Supports to Conform to Building Code Materials Electrical Wiring Combustible Materials Displays Anchorage I - DESIGN 19.16.010 Conformance to Building Code Required Signs and structures shall be designed and constructed in accordance with the requirements for structures in the Uniform Building Code, TMC Chapter 16.04. (Ord. 1274 § 1(part), 1982) 19.16.020 Exposed Surfaces - Appearance The exposed surfaces of all signs and sign supports shall present a neat and finished appearance, utilizing the minimum number of elements and exposed fastening devices. rOrc7. 12 ^-, > I i n :;'41. I 082 19.16.030 Glare Prevention Required The signs shall be illuminated 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 rights-of-way. (Ord. 1274 §!(part]. 1982) 19.16.035 Illumination and Brightness Levels of Signs A. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. B. Maximum brightness levels for electronic signs shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, during daylight hours, and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn, I.e. the time of the day between sunrise and sunset. C. For signs using incandescent lamps, such lamps shall be no more than 15 watts. (Ord. 2010 §4, 20031 Page 19 -7 TUKWILA MUNICIPAL CODE 19.16.040 Wall-Mounted Signs No part of a wall- mounted sign shall extend above the top of the wall to which the signing is attached. (Ord. 1274 § /(part). 1082) 19.16.050 Signs Near Intersection 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. Page 19 -8 II - CONSTRUCTION (Ord. 1274 § 1 (part), 1982 ) 19.16.060 Supports to Conform to Building Code Signs and structures shall be designed and con- structed in accordance with the requirements for struc- tures in the Washington State Building Code and TMC Title 16. (Ord. 2096 §3(part), 2005; Ord.. 1274 § l (part), 198 21 19.16.070 Materials Materials of construction for signs and sign structures shall be the quality and grade as specified for buildings in the adopted edition 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: 1. 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. 2. Anchors and supports, when of wood and embedded in the soil or within six inches of the soil, shall be of a durable species or shall be pressure - treated with an approved preservative. Such members shall be marked or branded by a recognized lumber grading or inspections agency. /Ord. 1274 § / (part), 19621 19.16.080 Electrical Wiring A. All signs containing electrical wiring shall be subject to the requirements of the National 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 (Ord. 1274 §I jpartl. 1983) 19.16.090 Combustible Materials Displays All combustible gas - burning displays, fossil- fueled or other liquefied 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. (Ord 1274 § 1(pari,, 1982I 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 25% 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. (Ord. 1274 § 1(part). 1982) Printed January 2008 • • WA ADC 468 -66 -050 WAC 468 -66 -050 Wash. Admin. Code 468 -66 -050 rage 13 of lb Page 2 travel are allowed for each activity or attraction. (ix) Type 1(a) signs located along the interstate system shall be within seventy-five air miles of the activity or attraction. (x) Type 1(a) signs located along the primary and scenic systems shall be within fifty air miles of the activity or attraction. (b) Type 1(b) - Official sign. An official sign may be installed subject to the provisions following: (i) Type 1(b) signs may only be erected and maintained by public offices or public agencies. • (ii) Type 1(b) signs may only be located within the governing jurisdiction of the public office or public agency. (iii) Type 1(b) signs shall follow federal, state, or local law. (iv) Type 1(b) signs have no restrictions on message content, provided the activity being described furthers an official duty or responsibility. (v) Type 1(b) signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports. (vi) Type 1(b) signs may be historical markers authorized by federal, state, and local law. (vii) Type 1(b) signs are not regulated by the act with regard to visibility to highways, zoning requirements, number of signs, or spacing. (c) Type 1(c) - Service activity sign. A service activity sign may be installed subject to the provisions following: (i) Type 1(c) signs shall contain only the name of a nonprofit organization, its address, and the time of its meet- ing or service. (ii) Type 1(c) signs shall not exceed eight square feet in area. (iii) Type 1(c) signs are not regulated by the act with regard to visibility to highways, zoning requirements, num- ber of signs, or spacing. (2) Type 2 —For sale or lease sign. A Type 2 sign may only advertise the sale or lease of the parcel of real property upon which the sign is located. The name of the owner of the property offered for sale or lease, or the owner's agent and phone number shall not be displayed more conspicuously than the words 'for sale' or 'for lease.' No other message may be dis- played an the sign. (a) Type 2 signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, in- cluding border and trim but excluding supports. (b) Not more than one Type 2 sign may be installed that is visible to traffic proceeding in any one direction an an in- terstate, primary, or scenic system highway. (c) The act does not regulate Type 2 signs with regard to zoning requirements or spacing. © 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. WA ADC 468 -66 -050 WAC 468 -66 -050 Wash. Admin. Code 468 -66 -050 (3) Type 3 —On- premise signs. (a) Type 3(a) - On- premise sign. A Type 3(a) on- premise sign may only advertise an activity conducted on the prop- erty upon which the sign is located. (i) A Type 3(a) on- premise sign shall be limited to advertising the business or the owner, or the products or ser- vices offered on the property. A sign consisting mainly of a brand name, trade name, product or service incident- al to the main products or services offered on the property, or a sign bringing rental income to the property, is not an on- premise sign. (ii) A Type 3(a) on- premise sign more than fifty feet from the advertised activity may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding sup- ports. The act does not regulate the size of Type 3(a) on- premise signs located within fifty feet of the advertised activity. (iii) A Type 3(a) on- premise sign located at a shopping center, mall, or business combination is not authorized more than fifty feet from the individual activity it advertises, unless it is installed together with a Type (3)(b) business complex on- premise sign as described in (b)(i) of this subsection. (iv) For the purpose of measuring from the advertised activity, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area, which is the most regularly used and essential to the conduct of the advertised activity as determined solely by the department. (b) Type 3(b) - Business complex on- premise sign. A Type 3(b) business complex on- premise sign may display the name of a shopping center, mall, or business combination. (i) Where a business complex erects a Type 3(b) on- premise sign, the sign structure may display additional indi- vidual business signs identifying each of the businesses conducted on the premises. A Type 3(b) on- premise sign structure may also have attached a display area, such as . a manually changeable copy panel, reader board, or electronically changeable message center, for advertising on- premise activities and/or presenting public service information. (ii) Type 3(b) on- premise signs are not regulated by the act with regard to size. Any Type 3(a) on- premise sign and any display area, installed together with a Type 3(b) on- premise sign, may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim. (c) Type 3(c) - Future site on- premise sign. A Type 3(c) future site on- premise sign may only display the name of a business activity, or other activity of interest to motorists, planned for the property upon which the sign is Iocated and the anticipated opening date of such activity. (i) The owner, or owner's representative, shall by letter notify the department at least thirty days prior to the in- stallation of the proposed Type 3(c) future site on- premise sign. Said notice shall include the location, sign mes- sage, and installation date. (ii) Type 3(c) future site on- premise signs may remain until the business activity is operational, but shall not ex- ceed one year from the planned installation date. The sign must be removed at the end of one year after the planned installation date if the business activity is not yet operational. . © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. rage t LI or ,co Page 3 • 0 • WA ADC 468 -66 -050 WAC 468 - 66-050 Wash. Admin. Code 468 -66 -050 Page 15 of 26 Page 4 (iii) Type 3(c) future site on- premise signs shall not exceed twenty feet in length, width, or height, or one hun- dred fifty square feet in area. (d) Type 3(d) - Temporary political campaign sign. A Type 3(d) temporary political campaign sign may express a property owner's endorsement of a political candidate or ballot issue. (i) Type 3(d) temporary political campaign signs are limited to a maximum size of thirty -two square feet. (ii) Type 3(d) temporary political campaign signs must be removed within ten days after an election. After primary elections, temporary political campaign signs endorsing a successful candidate may remain up to ten days after the succeeding general election. (e) Not more than one Type 3(a) or 3(h) sign, visible to traffic proceeding in any one direction on an interstate sys- tem highway; on a primary system highway outside an incorporated city or town or commercial or industrial area; or on a scenic system highway, may be permitted more than fifty feet from the advertised activity. Not more than one Type 3(c) sign may be installed visible to traffic proceeding in any one direction on an interstate system highway; on a primary system highway outside an incorporated city or town or commercial or industrial area; or on a scenic sys- tem highway. The act does not regulate Type 3(d) signs with regard to the number of signs installed, visibility from highways, zoning requirements, or spacing. (i) For Type 3(a) on- premise signs, the fifty -foot distance from the advertised activity shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area, which is the most regularly used and essential to the conduct of the advertised activity as determined solely by the department. (ii) For Type 3(b) on- premise signs, the fifty -foot distance from the advertised activity may be measured in the same manner as for Type 3(a) on- premise signs, or may be measured fifty feet from the nearest portion of a combined parking area. (f) A Type 3(a) or 3(b) on- premise sign more than fifty feet from the advertised activity shall not be erected or main- tained at a greater distance from the advertised activity than one of the options following, as applicable, selected by the owner of the business being advertised: (i) One hundred fifty feet measured along the edge of the protected highway from the nearest edge of the main entrance to the activity advertised; (ii) One hundred fifty feet from any outside wall of the main building of the advertised activity; or (iii) Fifty feet from any outside edge of a regularly used parking lot maintained by, and contiguous to, the ad- vertised activity. (g) Electronic signs may be used only as Type 3 on- premise signs and/or to present public service information, as follows: (1) Advertising messages on electronic signboards may contain words, phrases, sentences, symbols, trademarks, and logos. A single message or a message segment must have a static display time of at least two seconds after moving onto the signboard, with all segments of the total message to be displayed within ten seconds. A one - segment message may remain static on the signboard with no duration limit. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. WA ADC 468 -66 -050 WAC 468 -66 -050 ® 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. ... ...,n it r n_z— a__ Wash. Admin. Code 468 -66 -050 (ii) Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static pos- ition for two seconds after completing the travel or scroll. (iii) Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or con- tract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the signboard. (iv) Electronic signs requiring more than four seconds to change from one single message display to another shall be turned off during the change interval. (v) No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for ad- equate visibility. In no case may the brightness exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the department. (h) The act does not regulate Type 3(a), 3(b), 3(c), and 3(d) on- premise signs located along primary system highways inside an incorporated city or town or a commercial or industrial area. (4) Type 4— Off- premise signs; and (5) Type 5— Off - premise signs. Type 4 off - premise signs are distinguishable from Type 5 off - premise signs only by mes- sage content. Type 4 off - premise sign messages are those that do not qualify as Type 5 sign messages described in (b) of this subsection. (a) A Type 4 sign shall be located within twelve air miles of the advertised activity. A Type 4 sign that displays any trade name which refers to or identifies any service rendered or product sold, used, or otherwise handled more than twelve air miles from such sign shall not be permitted unless the name of the advertised activity, which is within twelve air miles of such sign, is displayed as conspicuously as such trade name. (b) A Type 5 sign displays a message of specific interest to the traveling public. On Type 5 signs, only information about public places operated by federal, state, or local governments, natural phenomena, historic sites, areas of natur- al scenic beauty or outdoor recreation, and places for lodging, camping, eating, and vehicle service and repair is deemed to be in the specific interest of the traveling public. A trade name is authorized on a Type 5 sign only if it identifies or represents a place of specific interest to the traveling public; or identifies vehicle service, equipment, parts, accessories, fuels, oils, or lubricants being offered for sale at such place. The display of any other trade name is not permitted on Type 5 signs. (c) Type 4 and Type 5 signs are restricted in size to the following: (1) Visible to interstate highways, signs may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area including border and trim but excluding supports. (ii) Visible to primary highways, the maximum area for any one sign, except as provided in (c )(iii) of this sub- section, shall be six hundred seventy-two square feet with a twenty-five -foot maximum height and a fifty -foot maximum length, including the border and trim but excluding the base or apron, supports, and structural mem- bers. Cut -outs and extensions may add up to twenty percent of additional sign area. -,hi M)nnQ • • • • • WA ADC 468 -66 -050 Page 6 WAC 468 -66 -050 Wash. Admin. Code 468 -66 -050 (iii) Each sign face of a double -faced (flanking and side -by -side) sign may not exceed three hundred twenty-five square feet. (d) The spacing of Type 4 and Type 5 signs along interstate highways and visible to traffic traveling in one direction shall be restricted as follows: (i) Type 4 and Type 5 signs visible to traffic approaching an intersection of the main - traveled way of an inter- state highway and an exit roadway may not exceed the number following: Distance from intersection Number of signs 0 - 2 miles 0 2 - 5 miles 6 More than 5 miles Average of one sign per mile rage 1 '/ of 26 The specified distances shall be measured to the nearest point of intersection of the traveled way of the exit roadway and the main - traveled way of the interstate highway. (ii) Not more than two such signs may be permitted within any mile distance and no such signs may be permit- ted less than one thousand feet apart. (iii) Type 1, 2, and 3 signs shall not be considered in determining compliance with the above spacing require- ments. (iv) Type 4 and Type 5 signs may not be permitted adjacent to interstate highway right of way within the limits of an interchange, including its entrance or exit roadways. (v) Type 4 and Type 5 signs visible to interstate highway traffic, which has passed an entrance roadway, may not be permitted within one thousand feet of the point where the entrance roadway intersects with the interstate highway. The distance shall be measured from the intersection point farthest from the preceding interchange. (vi) Not more than one Type 4 or Type 5 sign, advertising activities conducted as a single enterprise or giving information about a single place, may be erected or maintained in such manner as to be visible to traffic moving in any one direction on any one interstate highway. (e) The spacing of Type 4 and Type 5 signs visible to primary highways shall be restricted as follows: (i) On limited access highways, no two signs may be spaced less than one thousand feet apart, and no sign may be located within three thousand feet of the center of a grade separated interchange, a safety rest area, or an in- formation center, or within one thousand feet of an at -grade intersection. Not more than a total of five sign struc- tures may be permitted per mile, including both sides of the highway. Double -faced (flanking or side -by -side) signs are prohibited. (ii) On nonlimited access highways inside the boundaries of incorporated cities or towns, not more than a total of four sign structures, including both sides of the highway, may be permitted within a space of six hundred sixty feet or between platted intersecting streets or highways. There shall also be a minimum of one hundred feet m 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. rage 1 is of Lb WA ADC 468 -66 -050 Page 7 WAC 468 -66 -050 Wash. Admin. Cade 468 -66 -050 between sign structures; including both sides of the highway. (iii) On nonlimited access highways outside the boundaries of incorporated cities or towns, the minimum spa- cing between sign structures on each side of the highway shall be five hundred feet. (iv) Back -to -back signs and V -type signs shall be considered one sign structure. (f) The minimum space between sign structures located on the same side of the highway shall be measured between two points along the nearest edge of pavement. The measurement points are established at the origin of lines extend- ing perpendicular from the edge of pavement to the apparent centers of the sign structures. (g) The minimum space between sign structures located on opposite sides of the highway shall be measured in the applicable manner following: (i) Along tangent sections, sign spacing is measured between two paints along the edge of pavement in the in- creasing milepost direction of travel. One measurement point is established at the origin of a line extending per- pendicular from the edge of pavement to the apparent center of the sign structure located in the increasing direc- tion of travel. The second measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located in the decreasing direction of travel. (ii) Along horizontal curve sections, sign spacing is measured between two points on the edge of pavement along the arc on the inside of the curve. One measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located along the highway in the increasing milepost direction of travel. The second measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located along the highway in the decreasing milepost direction of travel. (h) Type 1, 2, 3, 7, and 8 signs shall not be considered in determining compliance with the above spacing require- ments. (i) Type 4 and Type 5 signs may be permitted within commercial and industrial areas adjacent to interstate and primary highways, provided that spacing is available as specified in (d) and (e) of this subsection. (j) Type 4 and Type 5 signs are not permitted visible to the scenic system. (k) Pursuant 10 the 1991 Intermodal Surface Transportation Efficiency Act, a National Scenic Byway Demon- stration Project is established on State Route 101, from the Astoria/Megler Bridge to Fowler Street in Raymond and from the junction with State Route 109 near Queets to the junction with State Route 5 near Olympia. No new Type 4 or Type 5 signs may be permitted within the limits of this project. Type 4 or Type 5 signs installed prior to July 25, 1993, may remain as nonconforming signs. (6) Type 6— Landmark signs. (a) Type 6 signs shall have been lawfully in existence on October 22, 1965, and have historic or artistic significance, including signs on farm structures or natural surfaces. (b) Historic or artistic significance shall be determined by the department and approved by the Federal Highway Ad- ministration. C 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. • • • • • • rage 19 of 26 WA ADC 468 -66 -050 Page 8 WAC 468 -66 -050 Wash. Admin. Code 468 -66 -050 (c) Within the limits of the National Scenic Byway Demonstration Project identified in (5)(h) of this subsection, Type 6 signs may remain as nonconforming signs. (7) Type 7— Public service signs located on school bus stop shelters. Type 7 signs may display safety slogans or mes- sages, and identify the donor, sponsor, or contributor of a school bus stop shelter. No other message(s) may be displayed. (a) Safety slogans or messages must occupy at least sixty percent of the sign area, and appear more predominant than the name of the donor, sponsor, or contributor. (b) Type 7 signs may be located on school bus stop shelters only as authorized or approved by state law or regula- tion, or city or county ordinance or resolution, and may be installed visible to primary and scenic system highways. (c) Type 7 signs may not exceed thirty -two square feet. A sign shall not protrude above the roofline or beyond the sides of the school bus stop shelter. (d) Not more than one sign on each shelter may face in any one direction. (e) The act does not regulate Type 7 signs with'regard to zoning requirements or spacing between Type 7 signs and other types of signs. (8) Type 8— Temporary agricultural directional signs. Type 8 signs provide directional information to places of business having seasonal agricultural products for sale. (a) Type 8 signs may display the business name, product(s) for sale, travel direction, and travel distance to the nearest mile from the state highway to the business. (b) Type 8 signs may not exceed thirty-two square feet. (c) There shall be at least three hundred feet spacing between Type 8 signs. (d) Not more than two signs advertising a place of temporary agricultural business may be installed visible to traffic proceeding in one direction of travel on any one state route. (e) Premises on which the seasonal agricultural products are sold must be within fifteen air miles of the state high- way. (t) Type 8 signs may be posted only during the period of time the seasonal agricultural product(s) is being sold. (g) Any necessary supplemental follow- through signs along city streets or county roads must be installed before the Type 8 signs may be installed visible to the state highway. (h) The signs may be installed visible to primary system highways outside incorporated cities or towns, and scenic system highways. (i) Type 8 signs may not be installed visible to interstate highways, including interstate highways that are also part of the scenic system, or visible to primary system highways within incorporated cities or towns. (j) The act does not regulate Type 8 signs with regard to zoning requirements or spacing between Type 8 signs and other types of signs. ® 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. rage lU 01 lb. WA ADC 468 -66 -050 Page 9 WAC 468 -66 -050 Wash. Admin. Code 468 -66 -050 Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, S 468 -66 -050, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 99 -24 -083 (Order 195), S 468 -66 -050, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), S 468 -66- 050, filed 5/27/94, effective 6/27/94. Statutory Authority: RCW 47.42.060. 88 -22 -002 (Order 116), S 468 -66 -050, filed 10/20/88. Statutory Authority: Chapter 47.42 RCW. 85 -17 -012 (Order 96), S 468 -66 -050, filed 8/12/85. Statutory Authority: RCW 47.42.060. 80 -05 -055 (Order 55), S 468 -66 -050, filed 4/18/80. Statutory Authority: 1977 ex.s. c 151. 79-01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), S 468 -66 -050, filed 12/20/78. Formerly WAC 252-40 -040. <General Materials (GM) - References, Annotations, or Tables> WAC 468 -66 -050, WA ADC 468 -66 -050 WA ADC 468 -66 -050 END OF DOCUMENT ® 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. • • • • • Seattle Municipal Code Page 1 012 IAD la 3(LL Seattle Municipal Cade w q : City of Seattle Legislative information Service MC 23.55.005 Video display aothods 0 1)-1 hrfar:alar n retrieved July 18, 7008 12:57 PAl 71tJe 23 - LAND USE CODE Subtitle 111 Land Use Degulationn Division 2 Authorized Uses andfeveiopment Standards Chapter 23.55 - signs A. Development standards. Video display may be used on n algn when the sign meets all of the following development standatda: 1. The:atgn 1s an on- premises sign: 2. The sign In not located in a residential, NCI or UC2 zone, Special Review District, Historical District, Preservation Dlatriet or shoreline environment/ 3. The nign moots one of the following criteria: 1. The sign face is not vinibin from a street, driveway or surface parking area. and also in not visible from a lot that is owned by n different pernan, in which cane the size of the sign in not limited by thin subneetlon, and the ntandarda for duration or pause periods and subsection A5 shall not apply: or 11. The sign area is lane than at oqunl to one thaueend (1000) nquere Inches and no single dimension of the nigh exceeds three (31 feet or 111. The sign meets the standards not out in aubeectlon 0, in addition to meeting all other standards of thin nuboection A. 4. The maximum height for any nign using n video display method shall he fifteen 115) feat above existing grade. Pole plena using a video display method shell be of least ten 1101 feet above the ground: 5. The sign In at leant thirty -five 1351 linear feet in any direction from any other sign that uses a video display method; 6. when located within fifty 1501 feet of a lot in a reeidentlol tone, any port of the nlgn using a video dlnplay method in oriented no that no portion of the sign fnce la vinible from an existing or permitted principal structure on that iota 7. Duration: Any portion of the massage that won a video dfspiny method shall have a minimum duration of two 121 seconds end a maximum duration of five 15) seconds. calculation of the duration ahall not include the number of Erman per necond nand in o video dinpl0y method. Calculation of the maximum duration shall include the time uned for any other display methods incorporated within that portion of the message disployed using a video display method; 6. Pause Detween Video Portions of Message. There nhnll be twenty 1201 seconds of still image or blank screen following ovary manage ening a video display method: 9. Audio spankers shall by prohibited in association with n sign using n video method of dlnplay; 10. Between dusk and dawn the video diopiny shell be limited in brightnnnn to no more than five hundred 15001 units when measured [rem the sign's face at its maximum brightness: and 11. Signs using a video dlnplay method may be need after dusk only until 11:00 p.m. or. if the advertising in an an- preminos'mennog0 about on avant at the Hite where the sign is located. for up to one (11 hour sitar acid event. B. In lieu of complying with subneetlon A3 above. the Director of DPD ehail allow video display methods an a sign if the nign meets all of the fallowing additional development ntanderdnl 1. The sign is within the neon shown on the map attached on Exhibit 23.55.005 AQ and not within o Special Dovlew District. historic District. Preservation District, residential zone or shoreline environment: 2. The sign is 0 minimum distance of fifteen (15) feet from the curbt and 3. The maximum alze of the sign is twenty 1201 equate feet ma independently applied to each nign face. Including framework end border. C. Video Signe Previously Erected. On- premises signs using the video • .. It 1 1 • ,_r__:_ t__ ____n_ti_� -t ee nneD ..J7.P.ClZ— _g.C'nnfdoANll.Pr1 7/1 Rhnnst a eaale iviunicipai Lone method of dinploy.•that have permits authorizing use of that method of display issued prior to August 1, 2001, may continue to use the video method of display authorized In tho permit provided that they meet the standards of 23.55.005A6 -11 above within one hundred eighty 11001 days from tha effective data at the ordinance codified In thin section. Previously erected and permitted signs that use a video method of display located within the area :shown on the map attached as Exhibit A ahnll net be subject to the foregoing atandorda of this section ascent 23.55.005A1. 11 the video method of display in terminated for one hundred eighty (100) days or the sign Is relocated or recanetructed, then the video method of display cannot be used except In conformance Kith the development otandards of thin !action. toed. X11171 a•eelee 34, taali Ord. Date s.nlae 7. 7041.1 Pcfinillans ojiernu used in Land Use Code. link to Ileum ordinances passed since 05/331I008 that may amend this sedtnn. (Note: this feature is provided as on old to users, but is nat guaranteed to provide comprxhensive information about relined recent =finances.) For research auiuonce, co meet the Seattle City Clerk's Office at 206 - 684.8344. or by e-mail at clerk(greattle.gov. For interpretation or explanation of o particular SAC section, please contact the relevant City deportment. 4x i le �u� m frilly //rind( ni cnntf1P wa / enr;nie /nn1,_i,re Sc CiftG ?.�'?— Pr ez_A�ee..►d —ei ir�,1 Page 2 of 2 �/� oinnno • Newcastle Chapter 18.20 DEVELOPMENT STANDARDS -- SIGNS • • 18.20.040 Prohibited signs. Except as indicated by this chapter, the following signs or displays are prohibited: A. Portable signs including, but not limited to, sandwich /A -frame signs and mobile readerboard signs, and excluding signs permitted under NMC 1820.130; B. Private signs on utility poles; C. Signs which, by reason of their size, locution, movement, content, coloring or manner of illumination may be confused with traffic control signs or signals, including, but not limited to signs containing words such ns "stop", "look ", and "danger"; D. Signs located in the public right -of -way, except where permitted in this chapter; E. Poster, pennants, banners or streamers, strings of lights, blinking lights or flashing lights, balloons, searchlights, clusters of flags, strings of twirlers or propellers, flares, and other displays of a carnival nature; except as architectural features, or on a limited basis as seasonal decorations or as provided for in NMC 18.20.110 as grand opening displays, or the following other exceptions: 1. National, state, and institutional flags when properly displayed, 2. Signs and banners approved as temporary signs, and 3. Balloons as approved as temporary signs; F. Chnnging message center signs, where the message changes more frequently than every three minutes; G. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected, and maintained as to be able to withstand the wind, seismic and other regulations as specified in the Uniform Building Code; - H. Signs erected at intersections of any streets in such a manner as to materially obstruct free and clear vision; 1. No sign shall have or consist of any moving, rotating, or otherwise animated part; 1. No three- dimensional statue, caricature or representation of persons, animals or merchandise shall be used as a sign or incorporated into n sign 'structure. Barber shop poles are excluded from this provision; K. Any sign attached to or placed upon a vehicle or trailer parked on public or private property. The prohibition of this paragraph does not prohibit the identification of a firm or principal products an a vehicle operating during the normal course of business; L. No public address system or sound devices shall be used in conjunction with any sign or advertising device; M. No roof signs or signs which project above the roof shall be permitted; N. Obscenity. No sign shall bear or contain statements, words, or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value; 0. Traffic Obstructing Signs. No sign or sign structure shall be constructed in such a manner or at such location that it will obstruct access to ony fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway, or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner thot it will substantially limit access to the building in case of fire; P. Abandoned signs. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994). Kirkland Prohibition on Illuminated Signs 7/2008 100.110 Illumination Limitations on Electrical Signs No sign may contain or utilize any of the following: 1. Any exposed incandescent lamp with a wattage in excess of 25 watts. 2. Any exposed incandescent lamp with an internal or external reflector. 3. Any continuous or sequential flashing operation. 4. Except for changing message centers, any Incandescent Tamp inside internally lighted signs. 5. External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. 6. Internally lighted signs using 800 milliamp ballasts if the (amps are spaced closer than 12 Inches on center. 7. Internally lighted signs using 425 milfiamp ballasts if the lamps are spaced closer than six Inches on center. • • IMAGINE DRIVING along a twisting, two -lane Alabama road at night. As you slow for a curve, suddenly an enormous television screen pops into your field of vision, il temporarily blinding you before flashing an ad for an insur- twee company. 'The glaring lights of this particular sign, slapped up in subur- ban Vestavia Hills, blindsided city zoning officials as welL They had unknowingly given entree to digital billboard technology when they approved what appeared to be n routine application to add lighting to a sign grandfathcrcd in years ago.The appli- cation made no mention of changeable messages and gave no indication it would transform an old, static board into a giant vehicle for digital TV -like images. Police officer; immediately complained the board posed n major safety hazard. Neighbors complained about' the glaring lights. Lamar Advertising Company, which owns the board, claimed they'd made the changes in "good faith." Anyone who bus been following the digital - billboard movement may recognize thnr argument as a popular tacdc employed by an industry that finds it easier to ask localities for forgiveness than permission.It's one of many strategics bcing used to bring digital technology to ns many citics and towns as possible, before localities have a chance to explore the implications of the new technology, update their sign ordinances, or ban digital signs outright "There's a full -court press going on at the national, state, and lord level, being waged by Lamar, Clear Channel, and CBS Outdoor," said Bill Brinton, an attorney specializing in sign law and a member of the board of Scenic America. Lobbyists arc pushing state legislators to pass bills that clear the way for ® LED (light-emitting diode) signs on state and fedcrnl roads, and the industry is pressuring state departments of transpor- tation to rewrite regulations to allow them to transform static signs into digital boards. And in cities and counties across America, they arc pressing for looser sign ordinances or simply installing the new technology without permission to do so. BILL ARD S in the DIGITAL AGE UNSAFE (AND UNSIGHTLY) AT ANY SPEED "For in-your-face results that won't end in a restraining o►de►; out-of-home is the only way to go." mm.6ttumuUlnvccmn Digital signs are far more of n threat than their predecessors, said 1Ccvin Try, president of Scenic Amcrien.Thcy're brighter, which makes them visible from far greater distances, they're much more distracting, because of their brightness and because the messages are constantly changing; they're often taller than regular boards, giving the appearance of large, plasma -screen TVs; and they're substantially more expensive to remove, so localities without amortization laws could find themselves unable to afford taking them down. This would be especially true for signs along federal -aid highways where the use of amortization is prolu'bitad by the Highway Beautification Act. Despite higher installation costs, the profitability of digital boards provides a powerful incentive for companies to put up as many as passible. Clear Channel Outdoor spent 53.5 million converting seven static boards to digitalin Cleveland, butwatched revenue jump from S300,000 to 53 million in the network's first year, according to Mark P. Mays, Clear Channel's CEO. That's because digital boards allow companies to sell ad space to 10 times as many clients as static ones; most signs change messages every sat scconds.Thcy also allow advertisers to change content several times a day or week, and unlike the static boards, which require contractors to change messages manually, digital boards allow operators to change content from remote locations in matter of seconds, with just a dick of a mouse. Lamar Advertising boasts that it lens digital billboards in as many as 44 states. Clear Channel, the world's largest outdoor advertising company, is similarly upfront about its goals for spreading digital technology. Ina November.2006 press release announcing the launch of muld -sign digital networks in Milwaukee and Tampa, Clear Channel Outdoor Global President Paul Meyer put it bluntly: BILLBOARDS in the DIGITAL AGE continued "New digital technologies provide us with the capability to execute both general market and targeted advertising campaigns that consumers can't mute, fast forward or crate," he said. [Emphasis added.] When digital comes to town, local governments are often caught off guard. As was the case in Vestavia Fulls, billboard owners are not always upfront about what they are doing,. and the technology may be installed without notice. But in a rare victory far billboard opponents, the Vestavia Hills Board of Zoning Adjustment (BZA) antlered Lamar to turn off the lights and shut its board down —at least until thcy could hold a hearing for a zoning variance. The board ruled that the switch had been made under "false pretenses." Mid Lamar asked far permission to add digital animation, the board likely would have said no, particularly for that location, zoning officials said. In fart, Karmic Hills' new sign ordinance, which was under con- sideration at the time, would outlaw this kind ofign entirely. The BZd /later denied the variance request, and the billhaarrl company filed o lawsuit which it now in the county court ottem. In the meantime, the digital board has been covered with a tmditianal sign. Apernut request to install a digits /fare on the otherside oftbe sign was denierL City officials in several Minnesota communides were likewise surprised last year when digital billboards began to appear on Clear Channel and Lamar sign structures. In mast cases, the companies that leased the signs had sought building permits only to upgrade them, omitting from their applications any indi- cation they planned to hang digital displays on those structures after the upgrades.Their chosen locations included communities with some of the strongest billboard prohibitions. Clear Channel's strategy backfired, especially in Minnetonka, which for more than 41 years has carried a prohibition on Illu- minated signs that change in color or intensity. The city pulled the plug on the signs, issued stop -work orders, and then defeated an effort by Clear Channel to obtain an injunction. As Judge Lloyd Zimmerman later found, "there is substantial evidence to support Minnctankd's Balm that Clear Channel avoided disclosing its plans to deploy LED blllboards in the City of Minnetonka, and operated 'under the radar' In order to ger the billboards up and running, in order to meet its =pension and profit goals for 2006." Meanwhile, one Minnesota community after another has adap- ted a moratorium on digital display devices to temporarily protect themselves against a repi:at of the companies' subterfuge. It's not unusual for billboard operators to erect digital signs even when State - Federal agreements or local ordinances pro- hibit them, knowing that lord enforcement can be difficult due to lax or inefficient enforcement or the prospect of thc lengthy and costly litigation that inevitably Follows. The Taxes Department ofTransportation's State - Federal agree- ment clearly prohibits digital billboards. In fact, when state transportation officials requested clarification from the Federal Highway Administration (FHWA) to see if they could allow the boards, they were told in no uncertain terms they could nat. "While the technology for LED displays did not exist nt the time of the agreement, the wording in the agreement clearly prohibits such signs," the FHWA wrote to Texas transportation officials in a loiter dated Mnrch 15, 2006. Nonetheless, LED signs have gone up in several cities around the state. And in a recent media interview, Clear Channel Communications CEO Mark Mays made it clear his company had big plans for Tens, particularly Sun Antonio. "The question becomes how big an opportunity It will be over the next 10 years," he said. "Is it going to be half the signs in San Antonio, is it going to be n quarter of the signs in San Antonio or is it going to be 10 percent?" "IfTecns is going to allow this, the public should be involved," said Margaret Lloyd, policy director for Scenic Tezas. "In my judgment, we need nt least three things: first, a snfcry study funded by a neutral, objective party, second, a cast study to determine the taxpayer burden if these signs have to be con- demned for highway widenings; and finally, a public opinion survey to determine if citizens want these signs to be erected along their publicly funded highways." • One state where the industry hasn't been successful in getting what it wants is 1Centucky,where state transportation regulations prohibit both Tri- Vision and LED signs. Tom Fitzgerald, director of the Kentucky Resources Council, said the outdoor advertising industry has tried on several occa- sions to push through legislation that would allow them to add the new technology, but lawmakers in the House have stood firmly against it.They came closest in 2004, when the Industry had someone insert language allowing Tr'i- Vision signs into a bill that focused on tree - cutting around billboards. "Drat bill got through the Senate and into the House before people realized the provision was even in there," Fitzgerald said. But the House leadership ldlled thc bill, as it has done to tree- cutting bills consistently over the years. This year a bill that would have allotved electronic billboards and Tri- Vision signs was introduced but died in committee. "Wove not really had a toe -to -toe fight on electronic bill- boards yet," Fitzgerald said. "I believe there are strong public safety issues at stoke! For many outraged citizens, traditional concerns about "litter an a stilly" have now been supplanted by the prospect of con - frondng "PowerPoint on n stidi' along their communities'rond- wnys.The advent of digital technology has opened a new front in the battle against blight —with mare at stake than ever before. • BI RDS ARE ADVERTISEMENTS. They are designed to grub our attention, and hold 'Qua like a television or radio commercial or an ad in a magazine.The latest in billboard technology-- the digital or electronic sign - -tries to hold our attention even longer by changing messages and pictures every few seconds using a series of extremely bright, colorful images produced mainly via LED (light - emitting diode) technologies. Common sense tells us that if we are looking at it billboard and not at the road when we are driving, that's n dangerous thing. Brightly lit signs that change messages every few seconds compel us to nadce them, much the same way our eyes move to the television screen when It's on. They lure our attention away from what's happening on the road and onto the sign. It's just human nature. And it works. That's why these signs arc so Incredibly lucrative for the billboard industry. Proponents of digital billboards say nobody has ever proven that they increase traffic acddents.This statement's only partially true. Some studies have shown a link between digital billboards (as well as static boards) and traffic safety problems, while others remained inconclusive. Importantly, . no objrdive studies have shown then to be safe, nor Gave studies been conducted since there signs have started to prallferutc. What does the research currently say? 0 A Wisconsin Department of Transportation study conducted in the 1980s examined crash rates on 1 -94 East and West adjacent to the Milwaukee County stadium, after a variable message sign that showed sports scores and ads had been installcd.The study found that sideswipe and rear -end collisions were up at much as 35 percent where the sign was most visible. The billbanrd industry often trier to win support for its signs by offering to display publicserviee messages But no amanni ensue Indncaments can compensate for the potential palic safety cmuequencer of these devices. 1es'are iiceessai:: oz'a,Truptra b ose tl e i7-ve :Ziu�i[j.`e th y ai d 1ve! s an d th:eii Jxlssefzg i'0/1/ of the 1-0a lisliqballEntegErfini fuutiiailsaletadn • LIW5T. 1•,17:1: {;,•:,.. j:. mJti.s_ tntnn;w n.c ni.rs- :th:rait Are electronic signs especially attention-getting? Nothings as rye- catching at on electronic LED display. The brightly-lit text and graphic ran be :.:• fmm hundreds offeet away; drawing the ttenBen of everyone within view." SaurccValermvmrndan u(Tram -Ga promotional am t,nnr imparm atinamnitanrlur) atfa ino ctocs t c . : do vet e l y to laakat. cetianic.sign for titan'two'seconds of a'. ' e, and. therefore :put:theuurlves o tbcrs ";'' ey pre cxtrem ly, bright, undraie dcstgincd ;Lo'be:visibip in Bright sunlight; an at nigh t.': -' c_:eyo is dniwn.io thezn.`far maie;sergngly nn to tridltional Illunitnafed blllbopids:Trcy. de to be eye` nvhing, and they arc. fan be scan from:grear dtstanc"c's, even t r away: ag' six tenths `cf i nule�':t iulatig ;:•••:.• ;.' : .'; :::; ''_" • epi acting e v e n h,.Ibre'tbeylicgiii tp :: B ch t► c g c , d ai l y.or even '': • • :':: '• :hourly aven eamrnute who ass i i nn idnicite. i h e lrr m e s sa ges .;•;. _ :: • • F? ; P • by tbe, • [ti ;r rs .•:, ] °.;:• ° :•`.iji•G ;i,!: "•t • i 'e- i.'l'` "' i' :signs e very dayw111:10ok'to r an vbu new..: •. ; The.images:ratate e 10 very 'sec ads a and :•: Tnidi6anal visual bndcground • : drive wiil;nanunlly•look at�the sign long. .;•;nolse:forlo • • dnveni•and thushaveless'sidety: •:: • ;' enoug to see wh conics up ncxtT may impact; butelectronic •sighs 'never into be.as.many.as 1 messages.in the rotation. :the barlcgrounsl. .•I 0 e Flonda.De aittnt en ofTfatis -. • .P ... • , P,...tio ��Youngcrdrivers may ca distracted n � The :' ;lit position ; is:.th at i c;t lies a ; m : :by ;tncdia,:una older drivers may . :. 'ef€sx seconds to c .. • ..end the ati:ssage on ,require longer viewing braes to compre hend • :air elecgronle billboard, which is alcmdy truc - fi constsing, elaborate; and colorful images . • ''' ti 'riod for driver distmction:`: ;•:; :•:•.: •:'•':•.' : :- :'.:.;;. • `•': ••• • • .: • • . •. : 'Sce Additional Rrsourrer on the b nrkpage for links • 4•1■: =:• •'''•';';'"`'•.. '• the dale: rferenrcdabovs : :..•r.'• :: : : : :. :•••.1', . Will people stare at a changing sign to see what's next? 'The reason (electronic) advertising works is because it it impartfitt Ifyottsee peopleparled at the stoplight watching it, you see their eyes wnitingfor it to change.° Sou= Char Ounlaor On Mina division pm5Jau Tlm Jataamt,gmmt In tde Dn itbfna Bodnm Rand, Frh 4,$1W 0 A 1998 FHWA memo noted that digital signs raise "significant high- way snfety questions became of the potential to be extremely bright, rapidly changing, and distracting to motorists." O A2001 FHWA review of billboard safety studies found that "the ratify rousrgueruer of distraction from the driving task can beproformd." 0 A 2003 report tided External-To-Vehicle Driver Distraction, by the Development Department Research Programme in Scotland, found that "there is overwhelming evidence that advertisements and signs placed near junctions can f as distracters, and that this con- stitutes a major threat to road safety." It further noted that, "Young (aged 17 -21) drivers are particularly prone to eternal -to- vehicle driver distraction." If other studies have remained inconclusive, there is good reason, researchers say. First, many of the studies have been funded, and directed, by the billboard industry (see sidebar). Second, there are inherent diffi- culties in conducting traffic safety research. Jerry Wachtel, an engineering psychologist with 25 ears of experience in Y eP the field of driver behavior, said too many variables contribute to traffic residents to make it possible to pmve causality from a single source. "Most accidents are not caused by one thing, but multiple things happening at once,' he said. .According to Wachtel, digital billboards undoubtedly contribute to the growing number of distractions that vie for a driver's attention today. Cell phones, navigational systems, and DVD players constitute in -car distractions, while billboards, especially those that change messages, constitute external distractions. Both, he said, contribute to traffic safety hazards that he believes are growing increasingly worse. "The outdoor advertising industry in my opinion is one part of the problem, but a significant part," he said Wachtel co- authored a report for the Federal Highway Administration back in the 1980s, updated in 2001, which concluded that "some studies showed n clear relationship between the presence of outdoor signs and driver error or accidents and other studies hadn't shown anything." It recommended government- funded research into the issue, but the rescarc h was never funded. 'line Federal Highway Administration in January 2007, however, announced that it will initiate a study to ec'amine the safety issues related to elec- tronic signs. Details on the scope and timing of the research have not been released, but results are not expected until 2009. :_Court ;Rules Virginia Tech.Biliboard Safety Study Lacks Credibility: o :overcome the urgurnem billboards • itilistractiori to drivers, t o outdoor edvcrtising industry often paints study it says "defini- nvely "-.shows the signs create no ;safety risks wharsoevcr. This study, conducted byIDrSuznnnc Lee ;ofthe'Virginia :Tech :Transportation Instr aften up is outdoor adv litigation, or may be:.! given ;to latiymaka rs•in hopes of persusidipgth ern 'of the supposed safety of hi si Iris study Is nor only inherently fla ;and ; biased; its, tisclessness awns Hated by a fideril ihstrict`cnurt�u in New Yo In Mrbols - Media Grorif v.._he T df Babylan and Iilfp, thccou Ia rt hcjd_thut 'the Lee Study'isso infected by !7!!!!.: utry G ips as t lack credibility arid Trli abiht y "It based its opinion on several factors: E_t e stud y,Ria us nndcd by.ihe F'ou rdaiion for Orttdaorlldvertisin R esearch and Education, a Hasa a iliate o the Outdoor •Adver m 4ndriatian o 1lmerira." Trial testimony .revealed that representatives rf the.Q /1A11 were : intimntelyan uolved in the design; andconduct of the Lee St i dy. ". th Lea :Study'h been nrither.widely. :disseminated nor subject..;' to peer review Nor have 1be `iorirliiiions'bf the Lee Study:been • rcfr liaised in any .other study. " ortler industry lobbyists use this. discredited study as "proof" that bWhoarcls are'safi 'Ra only tiringltproves is bow much nrnne • billboard industry is willing to spend rnuking bogus arguments, Digital sign are often the brightest abject: in the landscape, especially at aigbt. Tbry laminate the fluid of vices and offer dangerau distraction: far the toweling public. Ttrr s i ffr5ale'G 7jtg�oij - lo �. w;. 1 : '798 3nitta E e'iLv i li',r.• I kr 1 . 1 '1 11 C A Word of Caution for Local and State Governments Bright electronic signs with complex, changing menages contribute extra distinctions to motorists already confronted by visually cluttered environments. How long would it take you to comprehend the messages on this sign? More than two seconds? Local and state governments should be wary of approving electronic signs, pending the outcome of definitive objective studies regarding their safety. If research proves these signs to be unsafe, governments could face significant liability and negligence issues if accidents occur in the vicinity of the signs. Additionally, if the signs must later be removed because they are deemed a hazard, the cost of compensating sign owners would be enormous, particularly along federal -aid highways where the Highway Beautification Act requires cash compcnsatian and prohibits compensation via martian lion. There is no objective evidence that there signs are safe. 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'-o sYl � n ,�•„ . 1 a ytr � � r 1, 0 '► ed erently::hen sa fet e. oe fin 4� ; =i i ,fit' o, rss, .dx zr 1 ^r 3 x' �. �A Jr �# �F � 'c k • S'c.` a'`rs'l �a- z 4 T � ���,, M ~� s�3 -r'r � r_� ; n..>-1. 5 ( t�r-�� 5 I�r, tL3Fe +� 4 7 i YY .11\T T � * , , Y..,+ yrPerti =i' „-” �r lYtFri } : t { T . k e ' �s ' sr �� r .} ter r i iz iuY`^ a t� tilt ad.space andiAmber ate` cannr mp ste fo j h a �F ' t ' r a h o p biicsa or the aestneUc harm done by dt signs c , J .� .are r t v • - ' N , 4 1 ter atf veir 15.rlf o eme tgenc� c 9 ' l l ilitatio n'alo � l g ti iy hways . tr S zt�, 7? r ca • �r ,4t 1 1 ' st, ,i ! Y !rl- 3 , }t �` rtr1 er h s t °t_! : ''tr s."—'6F1 ~lif Sa r r 't1� "+}• i fir x.l1 #l. s {4 sit "ti�+ �rt r f � `rt 1L � - It -' f is x tll ..' t " - Gr . +r: �:r .7 } .., _i..... ,!_m..:'rJ_..: Tio.1. :1, e .. , ' t._,..0 �-, THE FIRST STEP in fighting a digital billboard that has been erected or proposed in your locality is to find out whether your state's agreement with the Federal Highway Administration (FHWA) already prohibits them. Many do. While that hasn't stopped the billboard industry from erecting the signs anyway, it can give you some powerful ammunition with which to challenge them and argue for their removal. Flashing, Intermittent, or Moving Lights On July 17,1996, the FFIWA issued a memorandum clarifying the status of "changeable message signs." It noted that many State - Federal agreements would nllaw for changeable mes- sages such as the Tri- Vision signs that use rotating panels or slats. However, k also noted that, even if Tri- Vision signs were allowed, the agreement probably wouldn't allow LED signs. "In nearly all States, these signs may still not contain flashing, intermittent, or moving lights," the memo states. A 2006 letter to T:.xs Department ofTnnsportation officials goes even further. If the state agreement prohibits signs "illuminated by any/lathing, intermittent or moving light or lights...including any type of screen using animated or scroll- ing displays, such as LED (I1ght- emitting diode) screen or any other type of video display, corn (the menage is stationary," then "the wording in the agreement clearly prohibits such Signs," it states. Nonconforming Signs Another industry trick is to convert a static, nonconforming sign to an LED sign and claim that the change is not an "Improvement," and therefore not prohibited. The 1996 FHWA memo clearly states that this is not permitted, as "applying updated technology to nonconforming signs would be considered n substnnrlai change and Inconsistent" with federal regulations. AJuly 1998 FIWA memo offers further guidance.lt declares thnt signs with animation or scrolling messages should be considered nonconforming signs and notes that they raise "significant highway safety questions because of the potential to be extremely bright, rapidly changing, and distracting to motorists." n Vie° Additionally, nonconforming signs on state or local roads not covered by the Hlglnvay Beautification Act are often governed by local ordinances that do not allow them to be substantially altered or expanded either. Local jurisdictions have denied permits for conversion to digital technology, although• some of those denials have been challenged. Local cities, towns or counties may usually impose stricter regulations on outdoor advertising than the state or federal government does. Can Local Governments Prohibit Signs Allowed in State-Federal Agreements? Yes, in almost all states. Local cities, towns or counties may usually impose stricter reguladans on outdoor advertising Than the state or federal government dacs.Zhc State - Federal agree- ments govern signs on interstate and federal -aid highways. Local- ities may also create stricter standards for state and local roads. The First Amendment Often, billboard industry representatives try to convince local governments that if they ban billboards, they will be violating the First Amendment right to free speech. This it not true. In almost all states, localities may ban billboards outright, or may restrict the size and types of billboards that are allowed. The only thing they cannot restrict is what they say. "It's only when you ger into banning content that you ger into trouble," said Eric Kelly, an attorney and professor of urban planning et Ball State University, who often helps local cities and towns draft or revise their sign ordinances. lCdly recommends that local governments also make any ntles regarding sign technology consistent between on- premise and ofd- premise signs to avoid potential litigation that might charge they are giving preferential treatment to one type of business over another. But that doesn't mean that you have to allow digital billboards if you allow banks to show the time and temperature, or gas stations to regularly change the prices posted an their signs, he said. Allowing signs to change manes no more than once per minute, or restricdng the size of the sign to no mare than 30 square feet, allows for time and temperature signs, gas stations and church message boards but essentially bans Tri Vision billboards and digital message boards that show new ads every sax or eight seconds. It also helps, said Kelly, to include language in the ordinance explaining why the restrictions arc there If the ordinance states that Its mission is to promote safety and aesthetics, and des this goal back to goals in the local comprehensive plan, it strength- ens the ordinance and helps protect it from legal challenges. Follow tbirtign1 instruction: and you may regret it. By taking extev'crondr to watch ibe tip rbange (and change and change), driver:plurc tbemrelvcrand otbcrl inpotcntial danger. • WARNING SIGNS: Industry Tactics to Watch Out For Billboard owners often lament on industry tvcbsitcs that current reg- ulatioas and public.sent rnent.present. their biggest hurdles to mass deployment ofdigttal signs But in addition to die industry's normal poi itical influence, it frequently employs some common strategies with loco! Officials for overcoming those roadblocks. Here is what your'commuruty can expect to"encounter lfpemussion is.sought for electronic signs: Amber: Alerts. and. Other Public Service Annou Wh Clear. Channel installed a network". of 10,digttal. billboards in Albu afit deal with nc4 state was that it wnuld run Amber Alerts and other emergency messages for free.It made the whine deal in Cleveland - . "Stiategit rctnririnships with the' community arc important," a company representatit a told tbeillbuquerque Tribune. But many cities and states dan't need digital to run Arnber Alerts Existing govcrnmcut operatccl digital highway signs,which_havc been in place for many years, a w • s ell cis television and radio; already • provide a system for emergency co Nonprofits andpobce.departments should not 'itilow themselves :to be used as.Justificataon for. rho visua degra dation of'their community No. • amount of donated ad space or..:Anther:Alerts 'dui compensate for the nesthetic'end snfcty m daage done by thescsigns,:: Let's Trade.:: To erect ''seven. boards on highways entering Cleveland, Clear Channel took down scvcralhundred billboards elsewhere in .the city. 'This might look like a ...good deal, but the truth is most of. the boards . taken down in.thesc swaps are,nanconforrrung `or.unprafitable signs anyway. Billboard .companies' are willing to ,make the swap because DON'T TAKE OUR WORD FOR IT... How Big Is the Issue? Electronics industry analyst, iSuppli, "predicts that by 2010, 75,000, or 15 perccnt of total billboards in the U.S., will be digital displays, up from a mere 500 digital billboards, or 0.1 percent, of all billboards in 2006." 5ourte: "Clunnel Vlesvpatna Consumer elernunies Just the sideshow to die oder:ristng at CFS," cCb /Lint Dai /)Now, January 9.2007 What's Bad for You is Good for Them • 'Nobody likes being stuck in a traffic jam, but Clear Channel executives are coming to love them.'Hey, traffic Ise good thing,' quips Clear Channel Communications Inc. CEO Mark Mays. 'People listen to more radio, and they hnve mart: time to look at billboards. Now that's a captive audience." Source: Burinur Ilira On /ine,June 20, 2005 And You Thought You'd Never Get that Big-Screen TV "As one drives along Hwy. 101 between San Jose and San Francisco, there arc many billboards that vie for your attention. But just as you near San Carlos, It is tough if not impossible to miss one particular two -sided billboard.:..Its excellent positioning allows it to be seen by traffic as far the digital boards arc so much more profitable, and because they would otherwise be unable to erect them, since many localities hnve limitations an erecting nciv boards. And once the digital signs go up, they become cost- prohibitive taremove should the government later need to buy them out due. to rand Improvements, commercial development, or if the signs arc proven to be hazardous. • Governments should not fall . for offers to take down old signs in . exchange for permitting new digital ones. Whatever perceived benefits acaue fmm such deals don't outweigh the iatmduction of devices that wil[ potentially lend to traffic deaths and injuries end degrade the visual .• character of the community.Further, in the absence of a complete morn - tonum on new signs, the old signs will inevitably be replaced somewhere within the jurisdiction. W hen..an Improvement is Not an Improvement Itese days, governments should be wary of. seemingly innocuous appli- cntions to: "improve" old signs or " .ndd or upgrade lighting, which may hide' a .plan by a sign, company to replace a static billboard with a digital ._ ::sign Installing digital technology over a regular board is not an update or. "improvcmcot, but should be treated as construction of an entirely new saga Soma sighs companies, in their eagerness to convert their signs, simply ignoM riles and regulations and make rhangeswithoutpermission, hoping to intmidate local governments with prospect• of long and expensive Jegn1 battles or counting on ii lack ofpobtical will to enforce the law • as one kilometer from either side.... But then you couldn't miss n 34 ft. x 19 ft. Hi Definition TV on the side of the road that stands almost 40 fret above the ground, could you? And that's exactly what SiliconView's LED billboard looks like, a giantTV." Souse= OutdoorToday,January2005 If You Build It, They Will Stare... for More Than Two Seconds "[Electronic] Billboard scheduling is based on a 'repeating loop'ofadvcr- tising massages. The SiliconView loop contains six different messages, each displayed for five seconds with a one - second pause between each mcssage.lhus, one message loop lasts approxtimatcly 36 seconds. The loop continuously repeats on a 24 -hour basis, which gives each advertiser at least 2,880 viewing cxpostms per day.... A factor that determines dwell time, or die amount of time n commuter secs a billboard, is dtc vehicle's speed approaching the board. At 65 mph, a Highway 101 driver seer one frill rotation of the Siliron r'iew billboard. During peak boars, when trrrir dame, n driver coatld see three to five loapr." [emphasis added] Source: "Pixels wad Prints: Q utdnors Future Fusion,` Signs ofthe Time,, August 2003 What Does the Public Think? Billboard companicsof en claim thar digird signs arc vcr- popular with the public, but never cite data to hack up the claim. Perhaps thaat's because research shows the opposite. A 211U5 surv eunductcd in Aiixt ita found drat br a margin nr 73 perccnt to 21 perccnt, citizens apposed Inws that tvouid allutt• electronic billboards on the stare's ltiglhways. \\glen the 21 percent hivaring digital sins were then asked it' they would still support the signs if tlhev "'night distract drivers," the opposition to elecnunic silnns grew to SS percent. Tlie survey of 6S2 adults had :t statistical precision of plus ur aninus 3.S percent. ADDITIONAL RESOURCES A definitive study an the safety of electronic billboards has yet to be done, but the following documents contain information that it important to the current debate. The research papers referenced below are available as PDF files at the ScenicAnrericn website nt www. scenic .org /billboards /electronic. You will need to have the Adobe Acrobat Reader an your computer to read theta. The Impact of Driver Inattention on Near - Crash/ Crash Risk: An Analysis Using the 100 -Car Naturalistic Driving Study Data Taped 2006, National Highway Traffic Safetylldminirtraeion, U.S. Department ofTmnrpartation A major study of driver inattention, primarily involving distractions inside the car, but finding that any distraction of more than two seconds is a poten- tial cause of crashes and near crashes. Traffic Safety Evaluation of Video Advertising Signs Tnursponatian Research Record: Journal of thc Transportation Research Board, No. 1937, 2005 A study of electronic signs in Toronto, which finds that "On the basis of the eye fncation study and the public survey data, it is apparent that video advertising can distract drivers inappropriately and lead to individual crashes," but calls for additional research due to other conflicting data. Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction September 11, 2001, Federal Highway Mtn inirtration, U5. Deportment af7 - anrportation A summary of existing research (as of 2001), on the subject of the safety of electronic signs and a call for additional studies. Milwaukee County Stadium Variable Message Sign Study: Impacts of an Advertising Variable Message Sign on Freeway Traffic Derember 1994, ihiaronin Department afTmnsportation Study of the dangers posed by an electronic sign in lbfilwaulcce along I -94, that concluded that 'It is obvious that the variable message sign has had an effect on traffic, most notably in the increase of the side swipe crash rate." DE SURE TO VISIT THE SCENIC AMERICA WEBSITE AT W W W.SCENIC.ORG FOR ADDITIONAL AND UPDATED INFORMATION ABOUT THIS AND OTHER SIGN CONTROL ISSUES. • " =v` Fp� err` ' j s >lia soul- • c er, sled ?A +eploEldrn1 gn A d niMdlllo n ...76 �• O7 > HEM . I't 1 i lh"e o I i a oPa nonproll, 9490495�, ed' oiei o preser,� n and enhanclitgKttiie sce�3t: � � `r mef O r o ltleV1 oun�rysjd" T , Bloac)VVVa a fs'ar l antiFlectn cil assts a e a Ices �a sand at onalkpro e 1 dItEikstJpporttoj ts`ilit111 i •fir• pact.i s n tigifit 11 "es-Scen57, ea g •476 c.4e- Ilboai gilr=arld��r' 1 i 1; r �� , Elo�� "en , e��m cwt.. �r�:' __,,-mo�tt:: 'or s of ills a poll E e $'¢en e+characEe`r car w1L. di�lr"'S -1 $T.' +r..!�. '1I�.': � naElon``'s t� nykah 6 qa t ro o eccon exE;sen Est�i1r i y li i t so DLO. e"s r 1 to t I atIo ofi e V. ith m ak, ce11,p i'6ne7nike of erkl tr s of ns(( t e; andsca - P ` P- s t „l Musa .. as �u 'ppr� o { rt , ol�sce n e a s•a' d o nerd t rtes not ec 1 m f o r a fSpace.andprese e e�.scen c.resourtes.cx ':Ugll PSS S not 1 a 163.1 - 1 ��t,• r,ye,`r�� • • • Local Regulation of Dynamic Billboards and Signs: Bridging Research, Planning Policy, and Law John M. Baker and Robin M. Wolpert Greene Espel P.L.L.P. 200 S. Sixth Street, Suite 1200 Minneapolis, MN 55402 (612) 373 -0830 JBaker@greeneespel.com RWolpert@greeneespel.com ]MLA 72 Annual Conference October 28 -31, 2007 Nashville, Tennessee Contents I. Five pillars of dynamic sign regulation ..1 A. The authority of local government to regulate signs more restrictively than state and federal governments has been a pervasive and intended part of the overall system from the outset. 1 B. A legally sufficient factual basis exists to adopt significant limits (or even bans) on dynamic signs... 1 C. Picking the best policy for your community unavoidably involves the degree of risk- aversion, and aesthetic and policy preferences, of your elected officials. 3 D. A well -tred "middle path" —a general ban on signs that change, with a public information exception -- is vulnerable to a First Amendment attack 4 E. Nonconforming use statutes have an impact on the ability of lawfully- erected billboards to vanish. 5 111. Modes of regulation 6 A. Unsafe (and unlawful) at any speed: Complete or near - complete bans 6 1. Maple Valley, WA (2003): a complete ban 6 2. St. Croix County, WI (June 19, 2007): a ban with a time -and- temperature exception 7 3. Bloomington, MN (2006): small steps short of a full ban 9 B. Constitutional safety, for that city whose council just can't bring itself to "dumb down" that neat sign outside City Hall 13 1. Minnetonka, MN's proposed new approach to off - premise dynamic displays: citywide permission to operate, under distraction - reducing and proliferation- reducing conditions 13 ii • • • • • C. Consolidating advertising in a few well- placed dynamic signs 16 1. Minnetonka, MN's "incentives" provision 16 D. A Euclidean approach: allowing flashy signs in one or two zoning overlay districts 19 1. Minneapolis, MN's "downtown opportunity billboard district" 19 2. East Dundee, IL's video display overlay district and static electronic display overlay district (2006) 20 E. Encouraging certain lcinds of dynamic signs through regulation 22 1. Cuyahoga Falls, OH (2003) 22 N. At the "micro" level: recurring regulatory issues for dynamic signs — 25 A. There are seven key regulatory issues regarding dynamic signs: (1) the appropriate duration of dynamic messages, (2) whether, and under what conditions, to permit motion, animation, and video messages, (3) the appropriate level of brightness of dynamic signs, (4) the appropriate placement and spacing of signs, (5) whether to treat on -site and off -site dynamic signs differently, (6) the appropriate size of dynamic signs, and (7) the appropriate text size for dynamic signs. 25 13. Dynamic billboards cause driver distraction and pose risks to public safety. 25 C. Regulatory options for duration of dynamic messages: what is the appropriate time interval between message changes? 26 D. Regulatory options for motion, animation, and video messages 27 E. Regulatory options for the brightness. of dynamic signs and external illumination. 28 F. Regulatory options for sign placement and spacing 29 G. Regulatory distinctions between on -site and off -site signs. 31 H. Regulatory options for the size of signs. 32 iii 1. Regulatory options for the text size of dynamic signs. 32 iv • • • I. Five pillars of dynamic sign regulation A. The authority of Local government to regulate signs more restrictively than state and federal governments has been a pervasive and intended part of the overall system from the outset. a. The federal Highway Beautification Act (1965) was intended to increase respect for local communities, not to ignore them. As President Johnson stated when articulating to Congress the goals of his initiative, "The roads themselves must reflect, in location and design, increased respect for the natural and social integrity and unity of the landscape and communities through which they pass." See Special Message to the Congress on Conservation and the Restoration of Natural Beauty, 1 Pub. Papers 159 (Feb. 8, 1965) (recommending legislation to control highway billboards) (emphasis added). b. The existence of state regulations does not necessarily preclude local regulation. In denying the plaintiffs' motion for a preliminary injunction in Clear Channel Outdoor v. City of Minnetonka, Court File No. 27 - CV- 06- 23485 (Henn. Co. Dist, Ct. Jan. 30, 2007), Judge Lloyd Zimmerman stated that "the record does not demonstrate that the Minnesota legislature intended to occupy the field of outdoor billboard regulation, and preclude municipalities from imposing more restrictive rules. The relevant Minnesota statutes discussed above specifically contemplate more restrictive local control." - Id. at 19. B. A legally sufficient factual basis exists to adopt significant limits (or even bans) on dynamic signs. a. Long before large LED signs appeared, courts recognized that billboards can distract drivers, and that cities can regulate (or even ban) billboards for that reason. "No empirical studies are necessary for reasonable people to conclude that billboards pose a traffic hazard, since by their very nature they are designed to distract drivers and 1 their passengers from maintaining their view of the road." Major Media of the Southeast v. City of Raleigh, 621 F. Supp. 1446, 1450 (E.D.N.C. 1985). As Judge Diana E. Murphy wrote for the Eighth Circuit in August 2006 regarding an attempt to install billboards that would . have' completely changed their display every six to ten seconds (though "trivision" technology rather than digital technology), "distracting roadside billboards of the type Advantage sought to erect could also pose real danger to both motorists and nearby pedestrians." Advantage Media LLC v. City of Eden Prairie, 456 F.3d 793, 803 (8th Cir. 2006). b. As explained in greater detail in the last half of this report, in this field — like many others — conclusive scientific proof is elusive, for reasons that need not preclude thoughtful regulation. c. Legitimate studies of . sign safety (conducted and sponsored by those without a financial interest in a particular answer) form pieces of a broader puzzle. When fit together properly, these pieces support the conclusion that the replacement of static signs with frequently - changing dynamic signs can create an added safety hazard. (i) (i) There is reason to believe that billboards tend to distract drivers. (ii) There is reason to believe that dynamic billboards tend to distract drivers to a greater degree. (iii) Drivers are distracted to a dangerous degree if their eyes are diverted from a highway for even two seconds (or, when congestion may require braking, for % of a second). (iv) Certain types of dynamic signs can create "the Zeigarnik effect" — named for a human behavioral pattern. When a sign appears to present a visual • ar • • • story or message, a driver may be motivated, or even compelled, to watch the story through to completion. d. • In affirming the constitutionality of a flat ban on "electronic message center type signs," the City of Concord, New Hampshire's "legislative conclusion" that such signs are likely to prove distracting to drivers to the extent the signs are visible from roadways, thereby adversely affecting traffic safety, is hardly unreasonable, and would appear to be supported by common sense." Nasar Jewelers, Inc. v. City of Concord, New Hampshire, Civil No. 06 -CV- 400 -SM at 9 (D.N.H. June 25, 2007) (citing Chapin Furniture Outlet v. Town of Chapin, 2006 WL 2711851, *4 (D.S.C. Sept. 20, 2006) ( "Contrary to Plaintiffs contentions, the Town's judgment that flashing or scrolling signs constitute a traffic hazard and are inconsistent with the rural community aesthetic is not unreasonable ")). C. Picking the best policy for your community unavoidably involves the degree of risk- aversion, and aesthetic and policy preferences, of your elected officials. a. Identifying a safety risk is just the beginning — cities must also consider how averse they are to that level of risk. Sign regulation can and does involve values other than safety — such as aesthetic concerns (which are capable of cutting either way on this subject), communication, wayfinding, and creativity. c. As Judge McAuliffe also concluded in Nasar Jewlers, "And, while taste and aesthetic sensitivity are debatable topics, it would seem well within the City's legitimate discretion to conclude that bright, colorful, electronic signs that change color and messages — or signs similar to those, are inconsistent with the aesthetic values the City seeks to promote." Id., slip op. at 10. 3 D. A well -tred `middle path" —a general ban on signs that change, with a public information exception — is vulnerable to a First Amendment attack. a. Following the lead of federal and state laws, many communities have carved out exceptions to allow dynamic signs that present "public service information," "electronic message centers," or signs owned by governments or non - profits. b. However, in the eyes of some judges: A sign regulation is only as constitutional as its exceptions (Metromedia v. City of San Diego, 453 U.S. 490, 540 (1981) (plurality)), and (ii) the constitutional requirement' of content - neutrality should be taken literally, see Advantage Media LLP v. City of Hopkins, 379 F.Supp.2d 1030, 1040 -41 (D. Minn. 2005) (Davis, J.); Clear Channel Outdoor, Inc. v. City of St. Paul, No. 02- 1060 (DWF /AJB), 2003 WL 21857830 (D. Minn. Aug. 4, 2003) (Frank, J.), so that (iii) exceptions for dynamic signs displaying public service information may violate the requirement of content-neutrality because their enforcement depends on what a sign says. c. Even when content - neutrality is established, exceptions allowing the government itself to "participate in the vice" complicate its ability to justify treating such signs as harmful. See Rubin v. Coors Brewing Co., 514 U.S. 476, 489 (1995) (there was "little chance" that the speech restriction could have directly and materially advanced its aim, "while other provisions of the same Act directly undermined and counteracted its effects "); Lawson v. City of Kankakee, Ill., 81 F.Supp.2d 930, 934 (C.D.111. 2000) ( "If the City were so worried that signs on terraces looked bad, it would not have chosen to place a sign (i) • • • • • • there itself. Surely its own sign is no less unattractive than Plaintiffs. "). E. The impact of nonconforming use statutes. a. The original Highway Beautification Act was enacted based on the expectation that nonconforming billboards would eventually fade away. Charles Floyd, "A Requiem for the Highway Beautification Act," APA Journal (Autumn 1982). b. Some states have laws that — (i) Withdraw authority to amortize nonconforming uses; (ii) Require cities to allow lawful nonconforming uses to be "improved" (b ut not expanded) and destroyed uses to be rebuilt if a building permit is timely sought, subject to an exception allowing the protection of health, safety or welfare; and/or (iii) Require cities that condition official controls on the removal of a lawful nonconforming use to pay "just compensation" for the value of the nonconforming use. c. These statutes take prior nonconforming billboards off the endangered list, and leave cities with few options but to allow their owners to give them an extended life. d. The result: to get such signs to disappear may require agreement (between the sign company and the fee owner, or local regulators), including through locally- created incentives. e. However, the Virginia Supreme Court has concluded that the replacement of a static billboard face with a digital billboard face constitutes an "enlargement" of the billboard for purposes of nonconforming use law, even if the area of the face itself is no larger than the area of the • face of the original static sign. Adams Outdoor 5 Advertising, L.P. v. Board of Zoning Appeals of City of Virginia, - -- S.E.2d ----, 2007 WL 1651100 (Va. June 8, 2007). II. Modes of regulation a. Whether and how to regulate dynamic signs are discretionary choices. Those choices should be made in light of the pillars of dynamic sign regulation and the local government's cost-benefit analysis of safety, aesthetics, planning, and other policy considerations. b. Local governments that have devoted the most attention to this subject recently have taken approaches that tend to fall within six discrete "modes" of regulation, ranging from an absolute or near- absolute prohibition of dynamic signs to encouraging dynamic signs. A. Unsafe (and unlawful) at any speed: Complete or near - complete bans 1. Maple Valley, WA (2003): a complete ban a. ORDINANCE NO. 0 -03 -228, Amending Title 18 of the Maple Valley Municipal Code relating to signs D. PROHIBITED SIGNS: The following signs or displays are prohibited in all zones within the City. * ** 3. Animated signs or displays; * * * 6. Electronic changeable message signs,[] except for temporary signs required by government agencies for 1 DEFINITIONS: * * * 24. Electronic Changeable Message Sign: An electronically activated sign whose message content or display, either whole or in part, may be changed by means of electrical, electronic or computerized programming. A sign 6 • • • road and street repairs, and similar activities_ This prohibition includes, but is not necessarily limited to, signs which include animation, flashing, traveling, or scrolling messages or displays[ 7. Flashing signs[ or displays,; ** 12. Moving signs; * ** 14. Festoons, pennants, or blinking lights; 2. St. Croix County, WI (June 19, 2007): a ban with a time - and- temperature exception a. St. Croix County Code of Ordinances /Land Use and Development b. Findings of Fact ( §17.65(A) (1) (a)(3, 7)): (i) "Signs can create safety hazards that threaten the public health, safety or welfare. Such a safety or portion of a sign on which the message or display is an electronic indication of fuel price shall be considered an Electronic Changeable Message Sign. A sign on which the sole message or display is an electronic indication of time and/or temperature shall be considered an Electronic Changeable Message Sign. Drive - through Business /menu signs are not considered Electronic Changeable Message Signs. 2 DEFINITIONS: * * * 72. Scrolling Displays: The vertical movement of a static message or display on an electronic changeable message sign. 3 DEFINITIONS: * * * 29. Flashing Sign: A sign of which any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination, with a display that appears for less than one and one-half consecutive seconds. 7 threat is particularly great for signs that are structurally inadequate, or that may confuse or distract drivers or pedestrians, or that may interfere with official directional or warning signs." (ii) "With one narrow exception, only static signs (which change, if at all, only on rare occasions when they are repainted or covered with a new picture) constitute a customary use of signage in the County. [ The only non -static signs that constitute a customary use of signge in the County are components of on premise signs for which frequent changes are necessary for the purpose of updating numerical hour - and - minute, date, and temperature information. Such changes are unique because their accuracy depends upon their ability to frequently change, and because in their customary use such signs are apt to distract drivers or pedestrians to a dangerous degree than other types of non -static signs." c. Prohibitions (§ 17.65 (C) (3)): d. Signs and sign components and elements of faces of signs shall not flash, move, travel or use animation. e. Unless a sign's only illumination is external and uncolored, the following additional regulations shall also apply to that sign: 4 St. Croix County's findings regarding "customary use" have the intended effect of causing "non- customary use" signs that are adjacent to federal -aid highways to also violate the federal Highway Beautification Act, even if they are in a commercial or industrial zone. See 23 U.S.C. § 131 (d) ( "Whenever a bona fide State, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. ") and Wisc. Trans. R. 201.20 (5). • • • • • No illuminated off - premises sign which changes in color or intensity of artificial light at any time while the sign is illuminated shall be permitted. (ii) No illuminated on- premises sign which changes in color or intensity of artificial light at any time when the sign is. illuminated shall be permitted, except one for which the changes are necessary for the purpose of correcting hour - and - minute, date, or temperature information. (iii) A sign that regularljr or automatically ceases illumination for the purpose of causing the color or intensity to have changed when illumination resumes shall fall within the scope of the prohibitions of par. f. 1) and 2) above. (iv) The scope of [this subsection's] prohibitions include, but are not limited to, any sign face that includes a video display, LED lights that change in color or intensity, `digital ink,' and any other method or technology that causes the sign face to present a series of two or more images or displays. 3. Bloomington, MN (2006): small steps short of a full ban a. Bloomington Zoning Code §§ 19.66 and 19.100 -108. ( i) b. Findings (§ 19.100): (i) "With respect to electronic signs, including video display signs, the City Council finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic signs, including video display signs, constitute a serious traffic safety threat." A set of enumerated reports and studies "reveal that electronic signs are highly distracting to drivers and that driver distraction 9 continues to be a significant underlying cause of traffic accidents." c. Prohibitions ( §§ 19.66(b), and 19.108 (h) (4-6, 8)): d. Billboards (i.e. advertising signs which have an area exceeding 150 square feet)) which utilize electronic display techniques- must have a minimum duration of 20 minutes and must be a static display; (ii) cannot move or appear to move; (iii) cannot fluctuate in light intensity or use intermittent, strobe or moving light to create the illusion of movement; (iv) are only permitted in certain commercial and industrial districts; and (v) must meet specified standards prohibiting non- instantaneous transitions, limiting brightness, and requiring dimmer controls. e. Video display signs (i,e. a sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, but not including electronic changeable copy signs as defined below) that are not billboards- (i) (i) must not be visible from residential property or from any motored way, (ii) are excluded from residential, conservation and bluff protection zones; and 10 • • • • • • (iii) must be set back 100 feet from an abutting residential district and 35 feet from other electronic changeable copy signs. f. Electronic graphic display signs (i.e. a sign or portion thereof that displays electronic, static images, static graphics or static pictures, defined by a small number of matrix elements using different combinations of LEDs, fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes) that are not billboards- g. (1) cannot change more frequently than every 20 minutes; (ii) may be seen from a motored way, but must not be visible from residential property if within 150 feet; (iii) are excluded from residential, conservation, and bluff protection zones; and (iv) must be set back 100 feet from an abutting residential district and 35 feet from other changeable copy signs. Electronic changeable copy signs (i.e. a sign or portion thereof that displays electronic, non pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of LEDs, fiber optics, light bulbs or other illumination devices within the display area, but not including time -and- temperature signs as defined below) that are not billboards- (i) may include up to ten words of text, but not pictures; 11 (ii) cannot change more frequently than every 8 seconds (in a non - residential area), and every one hour in a residential area; (iii) may be seen from a motored way, but must not be visible from residential property if within 150 feet; (iv) may in theory appear in a residential zone, but not in a conservation or bluff protection zone; (v) must be set back 100 feet from an abutting residential district and 35 feet from other changeable copy signs. h. Time and temperature signs (i.e. a sign which displays exclusively current time and temperature information) that are not billboards — Cannot change more frequently than every 2 seconds; (ii) No visibility or special setback limits; and (iii) are excluded from residential, conservation, and bluff protection zones. 4. Judge Zimmerman's interim compromise in Clear Channel Outdoor v. City of Minnetonka. a. In his order on reconsideration, Judge Zimmerman ruled that, on an interim basis, the City could not interfere with the operation of the two LED signs installed by Clear Channel "during daytime hours, to the extent that (a) the electronic messages on the sign change no more than once each hour (b) the brightness, color, and illumination of the signs are calibrated by Clear Channel to the minimal level of illumination equivalent to conventional non -LED electronic billboard signs. Pending the outcome of this litigation, Clear Channel is enjoined from operating the two signs before and after day -light hours." (1) 12 • • • • B. Constitutional safety, for that city whose council just can't bring itself to "dumb down" that neat sign outside City Hall 1. Minnetonka's new approach to off-premise dynamic displays: citywide permission to operate, under distraction - reducing and proliferation- reducing conditions a. The provisions that bave been replaced: (i) [in the criteria in subd. 4 for a monument identification sign], "7) 'message centers /time and temperature displays permitted but the maximum area for display is 50 percent of the potential copy and graphic area of the monument identification sign." . (ii) [in the prohibitions section], "revolving and moving signs except electronic message center /time and temperature display signs • according to subdivision 4 and search lights according to subdivision 8," and "flashing, blinking or animated signs including but not limited to traveling lights or any other means not providing constant illumination except electronic message center /time and temperature display signs according to subdivision 4 and search lights according to subdivision 8." (iii) The City's definition of "flashing sign" is very broad, extending the ban to signs on which illumination is not kept stationary or constant in intensity and color at all times when such sign is in use." §300.02 (117). b. The new prohibition: "signs with dynamic displays except search lights under subdivision 8 and those allowed under subdivision 14;" c. New subsection 14 ( "Dynamic Displays ") a) Findings. s Studies show that there is a correlation • between dynamic displays on signs and the distraction of 13 highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to loolc at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade -ins and fade -outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. Local spacing requirements could interfere with the.equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. if more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a Longer display time is appropriate. A constant message is typically needed on a sign so that the public can use it to identify and find an intended 14 • • • • destination. Changing messages detract from this way - finding purpose and could adversely affect driving conduct through last- second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to occupy the entire copy and graphic area of a sign. In conclusion, the city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. b) Regulations. Dynamic displays on signs are allowed subject to the following conditions: • 1) Dynamic displays are allowed only on monument and pylon signs for conditionally permitted uses in residential districts and for all uses in other districts. Dynamic displays may occupy no more than 35t of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face; 2) A dynamic display may not change or move more often than once every 201 minutes, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least 20 minutes before 5 The Minnetonka Planning Commission has recommended that the City Council consider increasing the percentage of permitted dynamic area on the sign face above the 35 percent proposed by staff. The Commission also recommended that the Council not preclude the remaining percentage from being electronic (so long as it is permanent and does not in fact change electronically). • 6 The Planning Commission also recommended that the City Council consider reducing the minimum duration below the 20 minutes proposed by staff. 15 changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds; 3) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects; 4) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign; 5) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under clause 1 above, then no dynamic display is allowed; 6) Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordix ance; C. Consolidating advertising in a few well - placed dynamic signs 1. Minnetonka's "incentives" provision a. Purposes and Findings: Outdoor advertising signs do not need to serve the same way - finding function as do on premises signs. Further, outdoor advertising signs are no longer allowed in the city, and there is no potential that they will proliferate. Finally, outdoor advertising signs are in themselves 16 • • • • • • distracting and their removal serves public safety. The city is extremely limited in its ability to cause the removal of those signs. This clause is intended to provide incentives for the voluntary and uncompensated removal of outdoor advertising signs in certain settings. This removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentives. These provisions are also based on the recognition that the incentives create an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout the community. b. Criteria for issuance of an enhanced dynamic signage permit: c. (1). "A person may obtain a permit for an enhanced dynamic display on one face of an outdoor advertising sign if the following requirements are met:" (a) The applicant agrees in writing to permanently remove, within 15 days after issuance of the permit, at least two other faces of an outdoor advertising sign in the city that are owned or leased by the applicant, each of which must satisfy the criteria of parts (b) through (d) of this subsection. This removal must include the complete removal of the structure and foundation supporting each sign face. The applicant must agree that the city may remove the sign if the applicant does not timely do so, and the application must be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign voluntarily and that it has no right to compensation for the removed sign under any law, (b) The city has not previously issued an enhanced dynamic display permit based on the removal of the particular faces relied upon in this permit application. 17 (c) Each removed sign has a copy and graphic area of at least 288 square feet and satisfies two or more of the following additional criteria: (1) The removed sign is located adjacent to a highway with more than two regular lanes and with a general speed limit of 45 miles per hour or greater, but that does not have restrictions on access equivalent to those of an interstate highway; (2) All or a substantial portion of the structure for the removed sign was constructed before 1975 and has not been substantially improved; (3) The removed sign is located in a noncommercial zoning district; (4) The removed sign is located in a special planning area designated in the 1999 comprehensive plan; or (5) The removed'copy and graphic area is equal to or greater than the area of the copy and graphic area for which the enhanced dynamic display permit is sought. (d) If the removed sign face is one for which a state permit is required by state law, the applicant must surrendered its permit to the state upon removal of the sign. The sign that is the subject of the enhanced dynamic display permit cannot begin to operate until proof is provided to the city that the state permit has been surrendered. (e) The applicant must agree in writing that no dynamic displays will ever be used on one additional outdoor advertising sign that has a copy and graphic area of at least 288 square feet in size. This agreement will be binding on the applicant and all future owners of the sign. If the sign is subsequently removed or destroyed and not replaced, the holder of the enhanced dynamic 18 • • • • • • display permit is not required to substitute a different sign for the one that no longer exists. d. The benefits of an enhanced dynamic display permit: 2) If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display permit for the designated outdoor advertising sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than . once every eight seconds.. The designated sign must meet all other requirements of this ordinance. D. A Euclidean approach: allowing flashy signs in one or two zoning overlay districts 1. Minneapolis, MN's "downtown opportunity billboard district" a. The City's `Downtown 2010 Entertainment Policy" noted that the policy's goals would be furthered by steps to "create street level excitement in the Entertainment District. A successful urban entertainment district requires a street level environment that is visually exciting and that encourages pedestrian flow between various attractions." b. Minneapolis City Code § 544.60. Opportunity billboard districts, provides: (a) Establishment and restrictions. This section establishes the following opportunity billboard districts: 19 (2) Downtown opportunity billboard district. The downtown opportunity billboard district shall comprise the area bounded by the Mississippi River, I -35W, 1-94, and I- 394 /Third Avenue North (extended to the river), except that in no case shall a sign or billboard be constructed or structurally altered along or within three hundred (300) feet of either side of Nicollet Avenue between Washington Avenue and Ninth Street South, between LaSalle Avenue and Marquette Avenue between Ninth Street South and Grant Street, or north of Washington Avenue. No advertising sign or billboard shall be constructed or structurally altered within the downtown opportunity billboard district except as provided in this section and subject to all other applicable regulations of this zoning ordinance. c. Minneapolis City Code § 54420 (13). General provisions - Flashing signs, provides: Flashing, blinking or animated signs, including but not limited to traveling lights or other means not providing constant illumination, shall be prohibited except in the downtown opportunity billboard district. Such signs shall be allowed in the downtown opportunity billboard district, provided flashing signs containing changing written messages shall be limited to the news, weather, time or other public service messages, and provided further that the vertical dimension of such changing written message shall not exceed four (4) feet. 2. East Dundee, IL's video display overlay district and static electronic display overlay district (2006) a. James Carlini, one of the Trustees of the Village of East Dundee, has characterized sign ordinances as a "horse - and -buggy bridle on business," and has advocated that local governments should "turn on profits by turning on the lights." James Carlini, "Electronic Signs for Municipalities: Las Vegas or Lost Revenues ?" Wisconsin Technology Network, online edition, 05/17/06. b. Last year East Dundee amended its sign ordinance in the following respects: (i) In the East Side Commercial Overlay District, `for new car dealerships, multi - tenant retail centers and amusement establishments only, the 20 • • • • freestanding sign permitted" on a parcel "may contain a fully electronic message display consisting of words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video, subject to the following: (a) the area of the electronic message shall not exceed 75 % of the sign area; and (b) the intensity of illumination and the movement of any illumination or the flashing, scintillating or varying of light intensity shall not constitute a traffic hazard as described in subsection 156.03(E)[ Ordinance No. 06-46, amending Code of Ordinances § 156.04 (E)• (ii) In the Hilltop Commercial Overlay District, `for new car dealerships, multi- tenant retail centers and amusement establishments only, the freestanding sign may contain a static electronic message display capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or electronic means," subject to the same 75 percent limit and traffic hazard limit as signs in the other overlay district, plus a requirement that "each message on the sign shall be displayed for a minimum of 10 seconds," and "said messages shall change only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement, or the appearance or optical illusion of 7 Under 156.03(E), "In order to assure traffic .safety, no sign shall be erected, relocated or maintained in a manner as will, in the determination of the Building Official, (1) by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic signal or control device on streets and roads within the village; or (2) make use of words, phrases, symbols, lights or characters, in a manner as to interfere with, mislead or confuse traffic " 21 movement, of any part of the sign structure, design or pictorial segment of the sign, including movement of any illumination or the flashing, scintillating or varying of light intensity." Ordinance No. 06 -46, amending Code of Ordinances § 156.04 (F). (iii) Everywhere else in the Village, "flashing signs" shall be prohibited, "moving, rotating, or animated signs or signs creating the illusion of movement shall be prohibited," and "illumination shall be constant in intensity and color, and shall not consist of flashing, animated, chasing, scintillating or other illumination conveying the sense of movement except for those signs that exhibit time and temperature . . ." Ordinance No. 06 -46, amending Code of Ordinances § 156.03 (F) and (G)( E. Encouraging certain kinds of dynamic signs through regulation 1. Cuyahoga Falls, OH (2003) a. Cuyahoga Falls' 2003 overhaul of its sign ordinance is characterized as an "outside the box" approach by the planning consultant who drafted it, John Gann of Gann Associates. Gann believed that "the best solution to temporary clutter is permanent signs with designed -in readerboards or electronic message centers. Temporary signs exist because businesses and other sign users have a legitimate need to display temporary messages. Doing this on a permanent panel that is physically part of and visually integrated with a good permanent sign may be the most compatible way to do this." Author's Answers to Questions about "Sign Control in Cuyahoga Falls: Regulating Outside the Box" (July 2003 Zoning News), available on the American Planning Association website. b. § 1147.03 (C): Displays prohibited: (i) d. Flashing signs. 22 • • • • • (ii) f. Moving signs. c. § 1147.06.A: Rules for Special Signs: Changeable Sign Areas (i) "1. Sign Area Bonus for Inclusion in Permanent Sign. To Meet the need businesses and organizations have for timely and variable sign messages and also to prevent the clutter that can be created by portable signs, the Permanent Sign Allowance of a property shall be increased as provided in Table 1147 -4 if a changeable copy area or electronic message center, both as defined herein, of no less than 16 square feet is incorporated into 'a permanent non portable Non - Surface Sign on the lot or building site." (ii) Under Table 1147 -4, the lawful surface area of a permanent sign — known as its "permanent sign allowance" — increases . by 20 percent if "a changeable copy area or electronic message center is permanently part of a permanent non - portable sign conforming to 1147.06.A. (iii) 2. Single Electronic Message Center. Electronic message centers shall be allowed only on a single Permanent Sign per lot or building site. (iv) 3. Integration into Sign. Changeable copy areas and electronic message centers on perrnanent signs shall be part of the same sign panel as a non- changeable sign and shall be integrated into the face of such sign by use of a border or similar design treatment that provides a visual linkage to the rest of the sign. (v) 4. Maximum Area. A changeable copy area or electronic message center, both as defined herein, shall be no more than 60 percent of the actual sign area of any permanent sign panel of which it is a per. 23 r (vi) 5. On Temporary or Portable Signs. No temporary or portable sign shall display a changeable copy area or electronic message center. 24 • • • • • 111. At the "micro' level: recurring regulatory issues for dynamic signs A. There are seven key regulatory issues regarding dynamic signs: (1) the appropriate duration of dynamic messages, (2) whether, and under what conditions, to permit motion, animation, and video messages, (3) the appropriate level of brightness of dynamic signs, (4) the appropriate placement and spacing of signs, • (5) whether to treat on -site and off -site dynamic signs differently, (6) the appropriate size of dynamic signs, and (7) the appropriate text size for dynamic signs. a. In assessing what regulatory options achieve their policy goals, local governments may consider the safety risks associated with dynamic signs and the costs and benefits of various regulatory options. B. Dynamic billboards cause driver distraction and pose risks to public safety.. a. To assess the safety implications of dynamic and static signs, road safety scholars have examined (1) the relationship between static or dynamic signs and crash rates, (2) how drivers process information and limitations on their ability to process information, and (3) the factors contributing to driver distraction and the risk of crashes. b. In general, the results of these studies indicate that dynamic billboards cause driver distraction and driver distraction causes traffic accidents. Dynamic billboards, with their ability to display high resolution color images and changing and moving images, capture the attention of drivers and capture the attention of drivers for longer periods of time than static signs. Indeed, the billboard companies design dynamic billboards precisely for the purpose of capturing the attention of the public and maximizing profitability. When drivers are looking at dynamic billboards, they are distracted and distracted drivers increase the risk of crashes and pose problems for road safety and traffic operations. Driver distraction alone can be the cause of accidents. In addition, driver distraction interacts with roadway conditions, driving 25 environments, weather, and traffic conditions to cause accidents. C. Regulatory options for duration of dynamic messages: what is the appropriate time interval between message changes? a. The implications of duration for safety: prior research indicates that the duration of dynamic messages has 'implications for safety: (i) Glances of two seconds or greater double the risk of crashes or near crashes (ii) Visual fixations on roadway signs decrease as route familiarity increases (but this decrease in visual fixations may not occur with signs that change messages) (iii) Dynamic billboards attract more glances and longer glances than static signs and the length of those longer glances (greater than .75 seconds) is close to the minimum perception-reaction time required for a driver to react to a slowing vehicle (iv) Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed-rather than the driving task at hand (v) Due to the Zeigamik effect (the psychological need to follow a task to its conclusion), the desire to see a message change or read a sequence of messages causes driver distraction and unsafe driving behavior like prolonged glances away from the road, slowing, and lane departure b. Suggested regulatory goals and options (i) Minimize the Ziegarnik effect (the desire to see a message change) and the driver distraction associated with watching dynamic signs change by setting the duration of sign messages to minimize 26 • • • • • D. Regulatory a. the number of new messages seen by drivers. This can be calculated based on the length of time a sign is visible for particular driver's speed, speed limits, and traffic volume. (ii) Minimize the Ziegarnik effect by requiring a dark period between successive messages. (iii) Prohibit flashing, spinning, revolving transition methods that are distracting. (iv) Reduce driver distraction by prohibiting signs that require or induce drivers to watch a sign for several seconds, such as signs with visual stories, signs carrying messages that are delivered through a sequence of displays, flashing messages (or by limiting such signs to certain driving environments). (v) Reduce driver distraction by insuring that signs are conspicuous and legible. options for motion, animation, and video messages. The implications of motion, animation, and video messages for safety: prior research indicates that: (i) Video and tri- vision signs attract more long glances than static and scrolling text signs (ii) Video and scrolling text signs received the longest average glance duration (iii) Video signs entering into a driver's line of sight directly in front of the vehicle are very distracting (iv) Electronic signs with moving images contribute to driver distraction for longer intervals than electronic signs with no movement (v) Signs with a visual story or message that carries for two or more frames are particularly distracting 27 (vi) (vii) Flashing messages require more time to read and more time to comprehend and require more of the driver's time and attention. b. Suggested Regulatory Goals and Options (i) Minimize driver distraction by prohibiting video, tri- vision, scrolling text, flashing signs, or any other type of motion in dynamic signs or restricting motion to signs located in certain driving environments. Set a maximum motion time frame based on the length of time a sign is visible for particular driver's speed, speed limits, and traffic volume. • Reduce driver distraction by prohibiting signs that require or induce drivers to watch 'a sign for several seconds, including signs with visual stories, signs carrying messages that are delivered through a sequence of displays, flashing messages_ E. Regulatory options for the brightness of dynamic signs and external illumination. because drivers tend to focus on the message until it is completed rather than the driving task at hand Scrolling messages and sequences of messages increase driver distraction a. The implications of brightness for safety: brightness can distract drivers and impair their ability to perform driving tasks. Previous research indicates that that the brightness of dynamic signs can temporarily blind a driver or prompt a driver to look away from the light Newer sign technologies permit dynamic signs to respond to ambient light conditions, raising additional concerns about the adequacy of those changing brightness levels. b. The challenges of brightness regulation: there is no objective definition of excessive brightness because the 28 • • • • appropriate level of brightness depends on the environment within which the sign operates. Accordingly, it is difficult to establish a uniformly applicable measure of brightness for all dynamic signs. In addition, the instruments that are used to measure brightness in the field are currently very expensive and it is difficult to measure brightness in the field. For all these reasons, the enforcement of any brightness regulations is challenging. c. Regulatory Options (i) City of Minnetonka: "No sign may be brighter than is necessary for clear and adequate visibility." (ii) Prohibit brightness that impairs the vision of a driver or promotes driver distraction. (iii) Prohibit brightness that interferes with traffic control devices. F. Regulatory options for sign placement and spacing. a_ The implications of sign placement and spacing for safety: previous research indicates that: (i) The number of advertising signs per mile (or road section) is positively associated with crash rates, i.e., the more advertising signs per mile (or road section), the higher the crash rate (ii) Intersections containing advertising signs have a higher crash rate than those containing no advertising signs '(iii) Street level advertising signs are more distracting than raised advertising signs . (iv) The less conspicuous the sign, the higher the likelihood of an increased crash rate • (v) Signs pose a safety hazard when they obstruct a driver's line of sight at an intersection, curve, or 29 (vi) Signs pose a safety hazard when they are located where heightened driver concentration is required (high pedestrian volume intersection) or when they are likely to be mistaken for a traffic control device or as an instruction to drivers • (vii) Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed rather than the driving task at hand b. Challenges point of egress from an adjacent property or obstruct a driver's view of a traffic control device Regulating sign spacing can be like starting a game of "musical chairs" because the ability of one company to put up a sign at one location can depend on whether another company has already put up a sign within the immediate vicinity. (ii) This can create problems of equity because similarly situated property owners end up with different rights. (iii) It can also create a "race" to engage in exactly the behavior that the local government is trying to regulate, because those who are first in the neighborhood to engage in the behavior are the least likely to be burdened by spacing requirements. c. Suggested regulatory goals and options (i) To the extent that federal and state spacing requirements are not already applicable, establish minimum distances between dynamic signs and regulations regarding the . sequencing of sign messages to insure that drivers are not visually overloaded and reduce the chances of creating an over - stimulated driving environment. Minimum (i ) 30 • • • • • • distances can be calibrated based on the driving environment, traffic, speed, and distance. (ii) Decline to supplement federal and state standards to promote fairness and avoid creating additional incentives to race to apply dynamic technology to existing static signs. (iii) Limit or prohibit dynamic signs at intersections, in demanding driving environments, and in places where they obstruct a driver's view. (iv) Limit or prohibit dynamic signs that resemble traffic control devices. G. Regulatory distinctions between on - site and off - site signs. a. The safety implications of' on -site and off -site signs: previous research does not indicate that on -site and off - site dynamic signs pose distinct safety risks that warrant differential regulatory treatment. However, because on- premises signs are more likely to serve wayfinding purposes, if on- premises signs are illegible or otherwise hard to see from a safe distance, there may be a risk that they are seen too late by drivers who are trying to find their way to a particular location, and who then engage in dangerous maneuvers and lane- changes to leave the road. Local governments need not view advertising and wayfinding as equally important goals, and for that reason may choose to adopt policies that benefit the use of signage for wayfinding while burdening its use purely for advertising. b. Regulatory goals and options: local. governments may choose to regulate all dynamic signs equally, without regard to whether they on -site or off -site dynamic signs. Local governments may still choose to regulate on -site and off -site signs differently even if they do not regulate on -site and off -site dynamic signs differently. 31 11. Regulatory options for the size of signs. a. The safety implications of sign size: previous research indicates that dynamic signs pose safety risks primarily by distracting drivers. The size of signs or the size of the dynamic portion of signs may be distracting because the size is too big or too small. If the size is too small, then drivers must take more time to read the sign, diverting their attention from driving tasks. In addition, advertisers have an interest in frequent message changes and using sequenced messages on small signs, features that increase driver distraction. If the sign is too big, the attention of drivers may be captured for lengthy periods of time, diverting their attention from driving tasks. Overly large signs are also more likely to obstruct a driver's ability to see other things, which may include important traffic - control devices and signs. b. Regulatory goals and options: there is no standard approach to regulating the size of signs, and there is no standard approach to regulating the size of dynamic signs or the size of the dynamic portion of the sign. Size limitations may be established that reduce river distraction based on the driving environment in which the sign is located, distance, and legibility goals. I. Regulatory options for the text size of dynamic signs. a. The safety implications of text size (i) Previous research indicates that the less legible the sign, the higher the likelihood of an increased crash rate. The preferred approach for highway signage is that sign text be 1 inch high to be readable from 30 feet away, and larger text is needed for signs to be legible at greater distances. (ii) Sign associations have promulgated "best practices" standards for commercial on- premise signs, with a particular focus on legibility. Because there is generally a common interest 32 • • • • between the sign industry and regulators in . avoiding signage or text that is too small to be seen and understood in particular locations, those "best practices" standards can be a useful source of potential standards for text size in particular settings. b. Regulatory goals and options: to increase legibility, reduce the time needed to read billboards, and . reduce driver distraction, local governments can follow the preferred approach used for highway signage or calibrate the appropriate text size based on distance, the driving environment, and the desired legibility. 33 #352699vI "DYNAMIC" SIGNAGE: RESEARCH RELATED TO DRIVER DISTRACTION AND ORDINANCE RECOMMENDATIONS Submitted by SRF Consulting Group, Inc. Prepared for City of Minnetonka June 7, 2007 511fl cod 2. Co \NTRIAA p 0 . ,Pair cU oL9v A.4-0:e'S • • • • TABLE OF CONTENTS Page No: 1.0 INTRODUCTION 1 2.0 PURPOSE OF STUDY AND METHODOLOGY l 3.0 SELECTED RESEARCH FINDINGS 2 3.1 Expert Opinions 3 3.2 Billboards: a Source of Driver Distraction? 4 3.3 "Dynamic" Billboards: an Additional Source of 6 Driver Distraction? 3.3.1 Other Information 9 3.4 How Much Distraction Is a Problem? 10 3.5 How Does "Brightness" Affect Driver Distraction? 15 3.6 Billboard and Other Signage Regulation: a 16 Minnesota Perspective 3.7 Billboard and Other Signage Regulation: Other 16 Perspectives 4.0 SUGGESTED REGULATORY APPROACH 19 4.1 Definitions 1 9 4.2 Types of Regulatory Measures 19 4.2.1 Complete or Partial Prohibition of Electronic Signs 19 4.2.2 Size Limitations on Electronic Signs 20 42.3 Rate-of-Change Limitations on Electronic Signs 20 4.2.4 Motion, Animation, or Video Limitations on Electronic Signs 21 4.2.5 Sign Placement and Spacing 22 4.2.6 Text Size 2 42.7 Brightness Limitations on Electronic Signs 23 4.3 Public Review 2 5.0 CONCLUSIONS AND RECOMMENDATIONS 25 Appendix A — Current Technologies Appendix B — Outdoor Advertising Sign Brightness Definitions Appendix C — Electronic Outdoor Advertising Device Visual Performance Definitions LIST OF TABLES Page No. Table 1: FHWA Reanalysis of Faustman's Findings 5 Table 2: Crash Causation Summary 11 Table 3: Percentage of CDS Crashes Involving Inattention- 12 Distraction Related Crash Causes Table 4: Specific Sources of Distraction Among Distracted Drivers: 12 Table 5: Telespot Sign Crash Rates - Expressway Southbound 13 Table 6: Telespot Sign Crash Rates - Expressway Northbound 14 Table 7: Number of New Messages Displayed at Various Driver Speeds and 21 Time intervals Between Messages LIST OF FIGURES 11 Page No. Figure 1: VicRoads' Ten Point Road Safety Checklist 18 • • • • 1.0 INTRODUCTION This study was precipitated by concerns raised by the City of Minnetonka, Minnesota in regard to the installation of two LED ( "light emitting diode ") billboards along Interstate 394 and Interstate 494. The LED function was applied to two existing "static" image billboards located adjacent to the interstate. Following installation of the LED function, the City turned off the power to the signs though a stop work order based on current city ordinance prohibiting flashing signs, which is broadly defined, as well as permitting requirements for the retrofitting of the signs to the upgraded technology. The billboard owner sued the City, and the court response to this legal action as of the writing of this study has been to allow limited use of the LED billboards. A moratorium on further signage of this type was established by the City to facilitate the study of issues related to driver distraction and safety and appropriate regulatory measures for LED and other types of changeable signage. This study was undertaken on behalf of the City of Minnetonka to examine these issues. While the concerns were precipitated by LED billboards in particular, this report examines more broadly "dynamic" display signage which is defined as any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. These capabilities may be provided by a variety of technologies which are discussed later in this report. As the study progressed, additional communities within the Twin Cities Metropolitan Area, as well as the League of Minnesota Cities, expressed interest in these issues. However, it is not the intention of this report to provide a comprehensive study of all issues raised by dynamic signage, or other types of billboards, but rather to focus narrowly on the issues of concern to the City of Minnetonka. 2.0 PURPOSE OF STUDY AND METHODOLOGY Driving a motor vehicle is a complex task that requires the ability to divide one's attention. Simultaneously maintaining a steady and legal speed, changing lanes, navigating traffic and intersections, reading and interpreting street signs, drivers are often challenged by conditions that can change in the blink of an eye. internal and external physical conditions can affect how safely the driving task is accomplished. Drug or alcohol intoxication, fatigue and /or distractions in the driving environment all can play a role in motor vehicle crashes. However, these conditions are rarely the sole reason for a crash. Rather, these conditions serve to exacerbate an already - complex driving environment and subsequent mistakes in judgment can lead to crashes. Increasingly complex traffic and roadway environments require greater attention to and focus on the driving task. The purpose of this study is to understand what existing transportation research tells us about the effects of dynamic signs on motorists. This study also explores regulatory measures enacted in other jurisdictions to address concerns related to driver distraction. Due to time and scope constraints, this report is not comprehensive, but rather addresses the most frequently cited and easily accessible information available. The report concludes with a discussion of regulatory options for the City of Minnetonka to consider in their formulation of policies to address dynamic signage. Information collected for this report draws from a variety of sources including interviews with subject matter experts, government and academic research, and policies developed to regulate various types of signage. Several city and county sign ordinances were used as references for policy and regulatory research. In some cases, ordinances were brought to our attention by planners and others following the sign ordinance issue. In others, Internet searches were conducted using words and references that apply specifically to dynamic signs. Several sign manufacturers and sign companies provided an industry perspective through a workshop with the SRF Consulting Group and the City of Minnetonka staff on February 27, 2007. This meeting yielded information about sign characteristics that can be addressed through policy and regulatory measures. Daktronics, a company that manufactures and markets LED signs, was also helpful in this regard, providing informational materials about characteristics of signs that can be regulated and examples of city sign ordinances with which they are familiar. 3.0 SELECTED RESEARCH FINDINGS This following section presents a summary of expert opinions and selected driver distraction research conducted by government and academic researchers examining roadside signage and its effects on the driving task. Studies are organized around critical questions with serious research ramifications. • Is there reason to believe that billboards are a source of distraction? • Is there reason to believe that "dynamic" billboards are an additional source of distraction? • How much distraction is a problem? • How does "brightness" affect driver safety concerns? • How should billboards and other signage be regulated from a driver safety perspective? 2 •■• • • • • 3.1 Expert Opinions A combination of researchers and public policy experts were interviewed for this study. Individuals were identified while conducting background research into driver distraction and were interviewed because of their credibility in the field. Kathleen Harder, a researcher at the University of Minnesota, has conducted driver distraction research for a variety of applications, including research for Mn/DOT. She is an expert in the field of human factors and psychology. She indicated that electronic billboards pose a driver distraction threat because of their ability to display high resolution color images, their ability to change images, and their placement in relationship to the roadway, particularly in • areas where the road curves, exits and entrances are present, merges, lane drops, weaving areas, key locations of official signs, and /or areas where roadways divide. Greg Davis, a researcher with the FHWA Office of Safety Research and Development, in Washington, DC was involved in the 2001 FHWA study on electronic billboards. He was interviewed to gain a deeper understanding of this critical study and to learn of recent research in this area. Davis stated that while no research has established a direct cause and effect relationship between electronic outdoor advertising signs and crash rates, the lack of such a research finding does not preclude a causal relationship between electronic billboards and crashes. He advocated for a new study that can control all variables and determine if a cause and effect relationship exists. Scott Robinson, an outdoor advertising regulator for Mn/DOT, wrote the 2003 technical memorandum that addresses allowable changes for outdoor advertising devices. Mr. Robinson indicated that the memo was originally written in 1998 to establish a permitted rate of change for tri- vision signs and that the application to electronic billboards was not considered. The minimum change rate of 4.9 seconds for 70 mph roadways and 6.2 seconds for 55 mph roadways was based on the travel time between static signs spaced at the minimum allowed distance apart. Mr. Robinson also indicated that the memo is not a Mn/DOT policy, statute or rule, but rather.it was written to provide internal guidance. Jerry Wachtel, an Engineering Psychologist and highway safety expert in private practice, was the lead author for the FHWA's original (1980) study on electronic billboards. He has continued his active involvement in this field, and advises Government agencies as well as the outdoor advertising industry on sign ordinances, sign operations, and the implications of the latest research on road safety. Mr. Wachtel believes that it is neither feasible from the perspective of research design and methodology, nor necessary from a regulatory perspective, to demonstrate a causal relationship between digital billboards and road safety. Rather, he believes that we have a strong understanding, based on many years of research, of driver information processing capabilities and limitations, and of the contributions to, and consequences of, driver distraction, on crash risk; and that this understanding is sufficient to support development of guidelines and ordinances for the design, placement, and operation of digital billboards so as to lessen their potentially adverse impact on road safety and traffic operations. 3 Wachtel also offered comments on drafts of this report. In later conversations related to his review, Wachtel stated his belief that even though visual fixations on roadway signs decrease as route familiarity increases, a strength oldie new digital billboards is that they can present messages that are always new. Thus, the conclusion from the 1980 FHWA study is another argument against these billboards; namely, drivers spend more time looking at the unfamiliar signs than at familiar ones, suggesting digital billboards are more dangerous than traditional fixed billboards. Wachtel also suggested his preference for a goal to have any given driver experience only one, or a maximum of two, messages from an individual roadside sign. 3.2 Billboards: a Source of Driver Distraction? 1 The purpose of a sign is to attract the attention of passersby so that a message is conveyed. To the degree signs attract the attention of vehicle drivers, they may distract them from the activity of driving. While this report primarily examines the impact of dynamic roadside advertising, the role traditional static advertising plays in driver distraction is discussed below. The relationship between roadside advertising and crash rates has been the subject of several studies. The majority of this research was conducted in the 1950s, 60s and 70s. While some of the earliest studies have been subsequently criticized for flawed methodologies and improper statistical techniques, some findings emerge when the totality of the studies are examined. One of these findings is that the correlation between crash rates and roadside advertising is strongest in complex driving environments. For example, higher crash rates were found at intersections (generally considered a complex environment) that have advertising than those intersections that do not have advertising. A few of the studies that are important in this field are summarized below. Minnesota Department of Transportation Field Study (1951) and Michigan State Highway Department Field Study (1952) _ These two studies from the early 1950s used similar methods but came to significantly different conclusions. Recognized as the more scientifically rigorous study, the Minnesota study found that increases in the number of advertising signs per mile are correlated with increases in motor vehicle crash rates. it also found that intersections with at least four advertising signs experienced three times more crashes than intersections with no advertising signs. Conversely, the less rigorous Michigan study found the presence of advertising signs had no effect on the number of crashes. Iowa State College, Do Road Signs Affect Accidents? (Lauer & McMonagle, j955) A laboratory test was created to determine the effect of advertising signs on driver behavior. The results of this study found removing all advertising signs from the driver's field of vision did not improve driver performance. When signs were included, driver performance was slightly better. Note that laboratory methods used in this study are considered to be dated by today's standards. 4 • • • • Faustman (California Route 40) Field Study (1961) and Federal Highway Administration, Reanalysis of Faustman Field Study (1973)' Two studies that appear to have stood the test of time are Faustman's original analysis of California Route 40 and its re- examination by FHWA more than a decade later. The original analysis tried to improve upon previous research by limiting variables, such as roadway geometric design and roadway access controls. The FHWA reanalysis focused on disaggregating the data and converting actual crashes to expected crash rates on specific roadway sections. Each of the sections was given a value based on the number of billboards on the section. A linear regression was performed to determine the expected crash rates. An analysis of variance of the regression coefficients found that the number of billboards on a section was statistically significant. The reanalysis found a strong correlation between the number of billboards and crash rates as shown in Table 1. Table 1. FHWA Reanalysis of Faustnman's Findings. Expected No. of Cumulative Increase No. of Billboards Accidents in a in Accident Rate 5 -year Period 0 5.92 1 6.65 12.3 2 7.38 24.2 3 8.11 37.0 4 8.84 49.3 5 9.57 61.7 Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- Message Signage (Wachtel & Netherton, 1980) 6 This extensive review provides a comprehensive discussion of roadside advertising research as of 1980. The study authors noted "attempts to quantify the impact of roadside advertising on traffic safety have not yielded conclusive results." The authors found that courts typically rule on the side of disallowing billboards because of the "readily understood logic that a driver cannot be expected to give full attention to his driving tasks when he is reading a billboard." Because the distraction evidence is not conclusive, these decisions were generally not based on empirical evidence. The research review noted that accident reports often cite "driver distraction" as a default category used by uncertain law enforcement officers who must identify the cause of a crash. As a result, the authors believe crashes due to driver distraction are not always properly identified. In addition, law enforcement officers often fail to indicate the precise crash locations on crash reports, making it difficult to establish relationships between crashes and roadside features. 5 Accident Research Unit, School of Psychology, University of Nottingham Attraction and distraction of attention with roadside advertisements (Crundall et al., 2005) This research used eye movement tracking to measure the difference between street -level advertisements and raised advertisements in terms of how they held drivers' attention at times when attention should have been devoted to driving tasks. The study found that street -level advertising signs are more distracting than raised signs. 3.3 "Dynamic" Billboards: an Additional Source of Distraction? Signage owners or leasers want to incorporate dynamic features into their signage for a number of reasons: to enhance the sign's ability to attract attention, to facilitate display of larger amounts of information within the same sign area, to conveniently change message content, and to enhance profitability. As mentioned earlier, this report uses the term "dynamic" signs to refer to non - static signs capable of displaying multiple messages. Several studies documented the ability of a sign to accomplish the first of these goals. University of Toronto Observed Driver Glance Behavior at Roadside Advertising Signs (Seller & Smiley, 2004) ° Research done at the University of Toronto compared driver behavior subject to passive (static) and active (dynamic) signs. The study found that about twice as many glances were made toward the active signs than passive signs. A disproportionately larger number of long glances (greater than 0.75 seconds) taken were toward the active signs. The duration of 0.75 seconds is important because it is close to the minimum perception - reaction time required for a driver to react to a slowing vehicle. For vehicles with close following distances, or under unusually complex driving conditions, a perception delay of this length could increase the chance of a crash. The following findings were reported in this study: • 88% of the subjects made long glances (greater than 0.75 seconds). • 22 % of all glances made at all signs were long glances (greater than 0.75 seconds). • 20% of all the subjects made long glances of aver two seconds. • As compared to static and scrolling text signs, video and tri-vision signs attracted more long glances. • Video and scrolling text signs received the longest average maximum glance duration. • All three of the moving sign types (video, scrolling text and tri- vision) attracted more than twice as many glances as static signs. 6 • • • • • University of Toronto Impact of Video Advertising on Driver Fixation Patterns (Smiley et al., 2001) 9 Another study completed at the University of Toronto used similar eye fixation information in urban locations to show that drivers made roughly the same number of glances at traffic signals and street signs with and without full - motion video billboards present. This may be interpreted to mean that while electronic billboards may be distracting, they do not appear to distract drivers from noticing traffic signs. This study also found that video signs entering the driver's line of sight directly in front of the vehicle (e.g., when the sign is situated at a curve) are very distracting. City of Seattle Report (Wachtel, 2001) 7° The City of Seattle commissioned a report in 2001 to examine the relationship between electronic signs with moving /flashing images and driver distraction. The report found that electronic signs with moving images contribute to driver distraction for longer intervals than electronic signs with no movement. Following are major points made in the report: • New video display technologies produce images of higher quality than previously available technologies. These signs have improved color, image quality and brightness. • New video display technologies use LEDs with higher viewing angles. Drivers can read the sign from very close distances when they are at a large angle from the face of the sign. • Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed rather than the driving task at hand. • Research has shown that drivers expend about 80 percent of their attention on driving related tasks, leaving 20% of their attention for non - essential tasks. • The Seattle consultant suggests a "10 second rule" as the maximum display time for a video message. The expanded content of a dynamic sign also contributes to extended distraction from the driving task. The Seattle Report examined how this may be due in part to the Zeigarnik effect which describes the psychological need to follow a task to its conclusion. People's attention is limited by the ability to only focus on a small number of tasks at a time, and by the tendency to choose to complete one task before beginning another. In a driving environment, drivers' attention might be drawn to the sign rather than the task of driving because they are waiting to see a change in the message. This loss of attention could lead to unsafe driving behaviors, such as prolonged glances away from the roadway, slowing, or even lane departure. 7 While the Zeigarnik effect may be present in a wide variety of driving situations, possible scenarios that could affect drivers include: • A scrolling message requires the viewer to concentrate as the message is revealed. Based on the size and resolution of the sign, and the length of the message, this could range from Tess than one second to many seconds. • A sequence of images or messages that tell a story, during which the driver's attention may be captured far the entire duration that the sign is visible. instead of merely glancing at the sign and then returning concentration to the driving task, more attention may be given to the message. • Anticipation of a new image appearing, even if the expected new image is not related to the first image. In this case, the driver may be distracted while waiting for the change. Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- Message Signage (Wachtel & Netherton, 1980) This research provides information on the use of on- premise Commercial Electronic Variable- Message Signs (CEVMS) that display public service information (i.e,. time and temperature) and advertising messages along the interstate highway system. The research found the following major considerations: • Highway Safety Considerations The link between changing messages that attract drivers' attention and crashes has been an issue of concern since the earliest forms of electronic signage became available. This study thoroughly reviewed the literature seeking information regarding a potential link between CEVMS and crashes: "Although a trend in recent findings has begun to point to a demonstrable relationship between CEVMS and accidents, the available evidence remains statistically in f'clent to scientifically support this relationship." The study also noted that studies have not documented information about "such occurrences as `near misses' or traffic impedances that are widely recognized as relevant to safety, and which may or may not be attributable to the presence of roadside advertising." • I -Iuman Factors Considerations Human factors relate to all the elements that explain driver behavior, such as eye glances and driver responses to a variety of driving - related stimuli. The study makes the point that simple driving - related tasks consume relatively little information processing capacity. However, when other conditions, such as congestion, complicated roadway geometries, or weather are also considered, the marginal extra e • • • • • • amount of attention required to read roadside advertisements could lead to driving errors that could cause crashes. "The enormous flexibility of display possessed by CEYAMS makes it possible to use them in ways That can attract drivers' attention at greater distances, hold their attention longer, and deliver a wider variety of information and image stimuli than is possible by the use of conventional advertising signs." Texas Transportation Institute for FHWA, Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs (Dudek et al, 2006) This study examined the comprehension times for three different scenarios for DOT - operated changeable message signs. The scenarios evaluated were: • Flashing an entire one -phase message • Flashing one line of a one -phase message while two other lines of the message remain constant • Alternating text on one line of a three -line CMS while keeping the other two lines of text constant on the second phase of the message The findings of this study were: • Flashing messages did not produce faster reading times. • Flashing messages may have an adverse effect on message comprehension for unfamiliar drivers. • Average reading times for flashing line messages and two -phase messages were significantly longer than for alternating messages. . • Message comprehension was negatively affected by flashing line messages. While this research did not evaluate advertising- related signs, it does demonstrate that flashing signs require more of the driver's time and attention to comprehend the message. In the case of electronic billboards, this suggests that billboards that flash may require more time and attention to read than static ones. 3.3.1 OTHER INFORMATION NHTSA Driver Distraction Internet Forum (2000) The National Highway . Traffic Safety Administration held an Internet forum to gather research and public comment related to driver distraction with an emphasis on the use of cell phones, navigation systems, wireless Internet and other in- vehicle devices. During this forum, participants were invited to take a poll to determine the most prominent driver 9 distraction issues. Electronic billboards were identified as one of six noted sources of distraction. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006)" This report identified road signs and advertising as one of the largest sources of driver distraction. At least three billboards near Melbourne, Australia display moving images. "The Committee considers these screens to be at the high end of potential visual distraction and accordingly, present a risk to drivers." " The study also included a quote from the Manager of the Road User Behaviour group at VicRoads (the State's road and traffic authority) from a December 2005 hearing: What time do know is when There is movement involved, such as flicker or movement in the visual periphery, that this is more likely to capture a driver's attention. We actually are hard -wired as human beings to movement, so particularly moving screens and in formation that scrolls at intersections and in highly complex driving situations — these are risky, and in particular researchers have been ost concerned about those sort of advertising materials. This opinion would suggest that electronic signs can present a distraction to drivers. 3.4 How Much Distraction Is a Problem? A number of studies were identified that discussed concerns with driver distraction generally. It should be noted that same of the studies cited use specific crash data that is ten or more years old. Direct comparison of distraction sources to influences of today may not be completely valid due to increased technological sophistication of distracting influences. These could include in- vehicle technology (e.g., navigation systems, MP3 players, DVD players, CD players, computer systems, etc.) as well as other potentially distracting influences (e.g. ;cell phones, text messaging, dynamic signage, other roadway elements, etc.) that were not commonplace when the data for these studies was collected: Australian Road Research Board Investigations of Distraction by irrelevant Information (Johnston & Cole, 1976) 16 This research used five experiments to test whether drivers could maintain efficient performance in their driving tasks while being subjected to content that was information rich, but irrelevant to driving. The findings were that a small, but statistically significant amount of performance degradation was observed when the participant was under a critical load of stimuli. 10 • • • National Highway Traffic Safety Administration/ Virginia Tech Transportation Institute Impact of Driver Inattention on Near- Crash/Crash Risk: An Analysis Using the 100 -Car Naturalistic Driving Study Data (Klauer et al., 2006) 18 This study analyzed the data from a driving database developed by the National Highway Traffic Safety Administration. This database contained exhaustive data recorded by instrumented vehicles that measured glance position, impairment, drowsiness, risk taking and many other parameters potentially involved in crash causation. Vehicles were instrumented so that an observer did not need to be in the vehicle to collect data. Automated data collection reduced the problem of an observer influencing driver behavior. The study found that glances of two seconds or greater doubled the risk of crashes or near - crashes. The study also found that 22 percent of crashes are accompanied by "secondary - task" distraction whether inside or outside the vehicle. National Highway Traffic Safety Administration/ Virginia Tech Transportation Institute Driver Inattention is a Major Factor in Serious Traffic Crashes (2001) 17 The National Highway Traffic Safety Administration commissioned a study to examine the causes of crashes. The study gathered information from four areas throughout the country and used data from the National Automotive Sampling System (NASS) from April 1996 April 1997 for analysis. The geographic areas were selected because they had good crash investigation practices and high interview completion rates. The results of this study are summarized in Table 2. Table 2. Crash Causation Summary Causal Category Percentage of Drivers Contributing to Causation Driver Inattention 22.7 Vehicle Speed 18.7 Alcohol Impairment 18.2 Perceptual Errors 15.1 Decision Errors 10.1 Incapacitation 6.4 Other 8.8 Association for the Advancement of Automotive Medicine The Role of Driver Inattention in Crashes; New Statistics from the 1995 CrashworthIness Data System (Wang, 1996) 70 This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found that the greatest source of driver distraction (3.2 percent) was due to a specified person, object or event outside the vehicle. The full results of the study are presented in Table 3. 11 - Data Element. %or Drivers %of Crashes Attentive or not distracted 46.6% 28.45 Looked but did not see 5.6% 9.75 Distracted by other occupant (specified) 0.9 % L.6% Distracted by moving object in vehicle (specified] 0.3% 0.54 Distracted while dialing, talking, or listening to cellular phone (location and type of phone specified] 0.1 %63 0.1 %@ Distracted while adjusting climate controls 0,2 %(3 0.3%93 Distracted while adjusting radio, cassette, CD [specified] 1.2% 2.1% Distracted while using other devlce/objeet in vehicle (specified) 0.1% 0.2% Sleepy or fell asleep 1,5% 2.6% Distracted by outside person, object, ur event (specified( 2.0% 33% Eating or drinking 0,1% 0.2% Smoking- related 0.196 035 Disrractedrneuendve, details unknown 1.596 2.6% Other distraction [specified] 1.396 2.2% Unknown/No Driver 311.S% 46.096 Table 3. Percentage of CDS Crashes Involving Inattention Distraction Related Crash Causes Weighted driver N a 4.627.000 (7.943, unweighted)t weighted crash 14 n 2,619,000 (4,536); In ardor tar a crash to classified'anentive, alt Involved drivers had to he classified "negative: - esdmne based on 5.9 cases. University of North Carolina Highway Safety Research Center The Role of Driver Distraction in Traffic Crashes (Stotts et al., 2001) 18 A study prepared by the University of North Carolina Highway Safety Research Center for the AAA Foundation for Traffic Safety examined the sources of driver distraction in traffic crashes. The data came from the CDS from 1995 -1999. Of the thirteen specific sources of distraction tracked by the study, the greatest source of distraction was an outside person, object or event. While the study does not break down the sources of outside distraction, it does show that distractions outside the vehicle are the largest factor in distraction - related crashes. The results of this study are presented in Table 4. Table 4. Specific Sources of Distraction Among Drivers in Distraction Related Crashes Specific Distraction Percentage of Drivers Outside person, object or event 29.4 Adjusting radio, cassette, CD 11.4 Other occupant in vehicle 10.9 Moving object in vehicle 4.3 Other device/abject brought into vehicle 2.9 Adjusting vehicle /climate controls 2.8 Eating or drinking 1.7 Using/dialing cell phone 1.5 Smoking related 0.9 Other distraction 25.6 Unknown distraction 8.6 Total 1010 12 • • • • Three studies were found which attempted to measure driver behavior specifically in response to dynamic signage. Two of these studies demonstrated a potential relationship between dynamic signage and crash rates: Minnesota Department of Transportation, The Effectiveness and Safety of Traffic and Non - Traffic Related Messages Presented on Changeable Message Signs (CMS) (Harder, 2004) 20 This study used a driving simulator to measure the effect of Department of Transportation changeable message signs on traffic flow. The two messages evaluated were a "crash ahead" warning and an AMBER Alert (child abduction information). The research found that just over half of the participants used the "crash ahead" message and 60 percent could recall the AMBER Alert with scores of Good or Better. Over one fifth of the participants slowed down by at least 2 mph upon seeing the AMBER Alert, demonstrating that messages relevant to drivers are associated with changes in at least some drivers' travel speed . Decision of the Outdoor Advertising Board in the Matter of John Donnelly 8 Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 2' This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising Board's ruling regarding one of the first changeable signs. This sign was located near an arterial road in Boston and used magnetic discs to portray a message that changed every 30 seconds. The original sign permit was rejected based on four criteria, one of which was safety. Upon appeal, the Massachusetts Department of Public Works allowed the permit based on the fact that the sign would give the public a benefit. However, they ultimately determined that the sign was a safety hazard based on crash rates before and after the sign was installed. Tables 5 and 6 show the change in crash rates. Table 5. Telespol Sign Crash Rales - Expressii ay Southbound 13 Average per year Average per year Average Percent . (111/1970- 12/31/1972) (1/1/1973- 3/31/1975) Change Crashes where the sign was viewable (north of sign) 29.0 20.0 -31.0 Crashes where the sign was not viewable (south of sign) 39.0 15.6 - 60.0 • Three studies were found which attempted to measure driver behavior specifically in response to dynamic signage. Two of these studies demonstrated a potential relationship between dynamic signage and crash rates: Minnesota Department of Transportation, The Effectiveness and Safety of Traffic and Non - Traffic Related Messages Presented on Changeable Message Signs (CMS) (Harder, 2004) 20 This study used a driving simulator to measure the effect of Department of Transportation changeable message signs on traffic flow. The two messages evaluated were a "crash ahead" warning and an AMBER Alert (child abduction information). The research found that just over half of the participants used the "crash ahead" message and 60 percent could recall the AMBER Alert with scores of Good or Better. Over one fifth of the participants slowed down by at least 2 mph upon seeing the AMBER Alert, demonstrating that messages relevant to drivers are associated with changes in at least some drivers' travel speed . Decision of the Outdoor Advertising Board in the Matter of John Donnelly 8 Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 2' This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising Board's ruling regarding one of the first changeable signs. This sign was located near an arterial road in Boston and used magnetic discs to portray a message that changed every 30 seconds. The original sign permit was rejected based on four criteria, one of which was safety. Upon appeal, the Massachusetts Department of Public Works allowed the permit based on the fact that the sign would give the public a benefit. However, they ultimately determined that the sign was a safety hazard based on crash rates before and after the sign was installed. Tables 5 and 6 show the change in crash rates. Table 5. Telespol Sign Crash Rales - Expressii ay Southbound 13 Table 6._Telespot Sign Crash Rates - Expressway Northbound This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases. Due to these arguments, the Board ruled that the operation of the sign must be terminated. Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study — Impacts of an Advertising Variable Message Sign on Freeway Traffic (1994) 22 A study prepared by the Wisconsin Department of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side -swipe and rear -end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side -swipe crashes after the first year of installation. Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates ' Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001) The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for 14 • Average per yenr Average per year Average (1 /1/1970- (1/1/1973- Percent 12/31/1972) 3/31/1975) Change Crashes where the sign was viewable (south of sign) • 46.3 42.7 -7.8 Crashes where the sign was not viewable (north of sign) 8.0 1.8 -77.5 Table 6._Telespot Sign Crash Rates - Expressway Northbound This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases. Due to these arguments, the Board ruled that the operation of the sign must be terminated. Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study — Impacts of an Advertising Variable Message Sign on Freeway Traffic (1994) 22 A study prepared by the Wisconsin Department of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side -swipe and rear -end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side -swipe crashes after the first year of installation. Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates ' Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001) The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for 14 • • • the topic of electronic billboards (EBBs). While the study did not conduct any new research, it does provide an excellent summary of the role electronic billboards play in traffic safety and includes good descriptions of the terminology related to electronic billboards. Selected findings From that synthesis are provided below: "In mast instances, researchers were not able to verb that an EBB was a major factor in causing a crash. Only one study since the 1980 review and one lawsuit were identified." "Studies were identified that verified that: an increase in distraction, a decrease in conspicuily, ar a decrease in legibility may cause an increase in the crash rate." "Commercial EBBs are designed to `catch the eye' of drivers. Their presence may distract drivers from concentrating on the driving task and visual sur rounds. " "There is indication that individual differences in age and driving experience may be important considerations in driver distraction, and are relevant la understanding driver responses to the external environment. Furthermore, research regarding driver familiarity of their route demonstrated that visual fixations on roadway signs decreases as route familiarity increases. This research may show that there is a difference between commuter and visiting drivers." Based on these findings, the FHWA recommended additional research to further demonstrate how roadway characteristics, sign characteristics and legibility, driver characteristics and other potential driver distractions affect traffic safety. FHWA was contacted to see if any new information was available. Greg Davis, a Research Psychologist with the FHWA Office of Safety R &D, indicated that the FHWA has not performed additional studies on the topic since the report was published. He stated that there is "no direct correlation between electronic outdoor advertising signs and crash rates ". He referred to a before/after study of electronic signs installed along a freeway in Las Vegas that found no change in crash rates. He went on to say that the lack of a research finding that links signs with crash rates does not mean that a causal relationship does not exist. He indicated that he has been contacted by several law enforcement agencies regarding the link between driver distraction and dynamic message signs /electronic billboards. He indicated that this is a timely and pertinent topic for many states due to the increasing popularity and capabilities of electronic outdoor advertising devices, and he expects further research to be forthcoming. He advocates for a new study that can control for all variables and determine if a cause and effect relationship exists ?s 3.5 How Does `Brightness" Affect Driver Safety Concerns? The brightness of any sign, static or dynamic, raises concerns with discomfort or disability glare to the driver that may arise when viewing any lighted object. Disability Glare occurs when a i5 driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness . is brief, but can be dangerous. Discomfort Glare occurs when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding.. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle. While concerns about glare are not unique to dynamic signs, newer sign technologies, which often include dynamic components, have the technical capability to emit more light and/or respond to ambient light conditions, raising additional concerns about sign brightness in areas where signs compete with regulatory traffic signs or signals. 3.6 Billboards and Other Signage Regulation: a Minnesota Perspective Roadside .signage is governed by policies and laws at the federal, state and local levels. Minnesota Statute, Chapter 173 seeks to "reasonably and effectively regulate and control the erection or maintenance of advertising devices on land adjacent to such highways." The statute requires adherence to federal statutes with respect to interstate and primary systems of highways. Minnesota Statute Ch. 17116 Subd. 3. regulates lighting of signs. Signs which are "illuminated by any flashing light or lights, except those giving .public service information" (time, date, temperature, weather or news) are prohibited. This section also states: (b) Advertising devices shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle; or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. and (c) Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. 3.7 Billboard and Other Signage Regulation: Other Perspectives During the course of this study, several articles were found which summarize regulation of dynamic signage in other states: Wisconsin Department of Transportation Electronic Billboards and Highway Safety (2003) 2B The Wisconsin Department of Transportation also published a literature review report to further explain the current state of EBB research. Although much of the information is 16 • • • • • mentioned in other sections of this report, the Wisconsin review did summarize Wisconsin's regulations for electronic billboards. • No message may be displayed for less than one -half second; • No message may be repeated at intervals of less than two seconds; • No segmented message may last longer than 10 seconds; • No traveling message may travel at a rate slower than 16 light columns per second or faster than 32 columns per second (light column defined as pixel column); • No variable message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. National Alliance of Highway Beautification Agencies (1999) Although this survey is eight years old, it generated the following information related to electronic billboards: • Nine states had specific regulations governing signs, • Nine states had regulations on tri- vision signs that were either being drafted or in pending legislation, • Fifteen states had regulations regarding moving parts and /or lights, • Nine state had no regulations on tri- vision signs, and • Six states and Washington, DC, prohibited tri- vision signs. An investigation into state outdoor advertising regulations was also conducted. • Thirty -six states had prohibitions on signs with red, flashing, intermittent, or moving lights, • Twenty-nine states prohibited signs that were so illuminated as to obscure or interfere with traffic control devices, and • Twenty-nine states prohibited signs located interstate or primary highway outside of the zoning authority of incorporated cities within 500 ft of an interchange or intersection at grade or safety roadside area. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006) " This report, cited earlier for its driver distraction opinions, identifies road signs and advertising as one of the largest sources of driver distraction. VicRoads, the state's road and traffic authority, has implemented the following regulations. 17 Figure 1. VicRoads' Ten Point Road Safety Checklist An advertisement, or any structure, device or hoarding for the exhibition of an advertisement, is considered to be a road safety hazard if it: 1. obstructs a driver's line of sight at an intersection, curve or point of egress from an adjacent property; or 2. obstructs a driver's view of a traffic control device, or is . likely to create a confusing or dominating bacicground which might reduce the clarity or effectiveness of a traffic control device; or 3. could dazzle or distract drivers due to its size, design or colouring, or it being illuminated, reflective, animated or flashing; or 4. ,is at a location where particular concentration is required (eg. high pedestrian volume intersection); or 5. is likely to be mistaken for a traffic control device, for example, because it contains red, green or yellow lighting, or has red circles, octagons, crosses or triangles, or arrows; or . 6. requires close study from a moving or stationary vehicle in a location where the vehicle would be unprotected from passing traffic; or 7. 'invites drivers to turn where there is fast moving traffic or the sign is so close to the turning point that there is no time to signal and turn safely; or 8. is within 100 metres of a rural railway crossing; or 9. has insufficient clearance from vehicles on the carriageway; or 10.. could mislead drivers or be mistaken as an instruction to drivers. • • • • VicRoads also gives operational requirements for electronic advertising message signs. Signage must: • not display animated or moving images, or flashing or intermittent lights; • remain unchanged for a minimum of 30 seconds; • not be visible from a freeway; and • satisfy the ten -point checklist. 4.0 SUGGESTED REGULATORY APPROACH Local governments regulate electronic outdoor advertising devices in widely varying degrees. Some cities completely prohibit the use of all electronic signs (sometimes specifying LED signs), while others have no regulations specific to electronic signs. Between those two extremes, there are many levels and types of control that can be applied. The primary concerns to keep in mind when considering sign regulations are 1) First Amendment rights, which can be affected by regulations that affect the content of a sign's message, and therefore should be avoided, and 2) changing technology, which can quickly make a sign ordinance no longer applicable if the ordinance has been specifically written to address a certain type of sign technology. Performance based measures may therefore be preferable as they remain viable even as sign technology advances. 4.1 Definitions Signage discussions often include a number of different words or phrases used to describe the technical characteristics of signage devices or their components (such as LEDs). For the purpose of zoning, some additional terms are also used to describe sign characteristics. Any regulatory efforts should take care to precisely define terminology. One possible resource in this effort is "Street Graphics and the Law," published by the American Planning Association (APA) Planning Advisory Service 4.2 Types of Regulatory Measures 4.2.1 Complete or Partial Prohibition of Electronic Sians Some cities have completely prohibited the use of electronic outdoor advertising devices. For example, the City of Maple Valley, WA prohibits all types of electronic outdoor advertising devices including animated signs, electronic changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays. This applies to both on- premise and off- premise signs. Other cities are very selective about where electronic signs are allowed, allowing them only in certain zoning districts. There are very few "standard" approaches. For the most part, each local 19 government tailors their regulations to their own situation. One approach adopted by cities is to prohibit electronic outdoor advertising devices in residential zoning districts, and for a certain distance away from residential zoning districts, similar to the zoning Iimitations placed on illuminated signs. Some ordinances require that electronic signs be situated such that the sign face is not visible from nearby residences. 4.2.2 Size Limitations on Electronic Signs Another way of regulating electronic signs is to limit their size. Again, there is no set standard for this. One ordinance reviewed for the purpose of this study limits the electronic portion of a sign to no more than 50 percent of the sign face with the overall size determined by whatever the sign ordinance allows for a particular zoning district. Other examples of electronic sign size limitations include five square feet, 1,000 square inches, 20 square feet, and so forth. In other ordinances, there is no differentiation made between the size of electronic signs and other signs. According to input from representatives of the sign industry, the smaller the size of the electronic sign, the more desirable it is for businesses to use frequent message changes, or sequenced messages, where more than one screen of text is used to convey an entire message. 4.2.3 Rate-of-Change Limitations an Electronic Signs Many communities that allow electronic signs also regulate the rate at which the messages on the signs can be changed. Research on sign codes has shown this to range from as little as four seconds to as long as 24 hours. The Interstate 394 sign between Ridgedale Drive and Plymouth Road is visible for approximately 45 seconds at free flow traffic speeds. Depending on text size, the message may not be readable by drivers during this entire duration, but the message changes can attract attention from long distances. Depending on how often the message changes occur and the speed of traffic, drivers on this segment could see a varying number of discrete messages. Table 7 provides the number of message changes a driver would see at different change durations and traffic speeds. 20 to • • . • • Table 7. Number of New Messages Seen al Various Driver Speeds and Time Inlerva ls Between Messages Speed (mPb) Time sign is clearly visible* I 6 (seconds) 30 60 1 11 45 40 I 8 55 33 1 7 5 4 *Assuming the sign is clearly visible from one - half mile away. Message Display Time (seconds 8 10 60 1800 (30 minutes) 9 7 6 5 Number of Messa 11 2 2 es Seen 3600 (1 hour) 1 1 1 Prohibiting displays from changing quickly can minimize potential driver distraction, but it would significantly limit the message owner's ability to convey information that does not fit on one screen of the sign. Using two or more successive screens to convey a message is referred to as sequencing. Based on the studies summarized in part 3 of this Report, including the glance duration studies performed by Klaur for the FHWA in 2006 and by Beijer & Smiley in 2004, and Wachtel's analysis for Seattle of the Zeigarnik effect, a message delivery system such as sequencing that requires or induces a driver to watch the sign for several seconds increases the likelihood of driver distraction. Based on information from the sign industry, for sequencing to be effective in a marketing sense, a brief rate -of- change (1 -2 seconds) is generally used before transitioning into the next screen. Some codes specify how an image changes, while other codes prohibit the use of transitions. The change from one image to another can be accomplished by various techniques: no transition — simply a change from one screen to another, or fading or dissolving one image into the next. Flashing, spinning, revolving, or other more distracting transition methods can be prohibited, allowing businesses to use sequencing in an effective manner without malting the signs overly distracting. Another way of regulating distracting transitions is to require a very short time of a dark or empty screen between images. 4.2.4 Motion. Animation, or Video Limitations on Electronic Signs Motion on a sign can consist of everything from special text effects (spinning, revolving, shaking, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to more realistic moving images that have the appearance of a television screen. According to sign industry representatives, video imagery on a sign is referred to as "animation" if the sign is limited to the capability of 10 frames per second. Fewer frames per second make the moving image look more like animation. Imagery produced by signs that have the capability of processing up to 30 frames per second is accurately referred to as "video" imaging. Many communities that allow dynamic signs do not allow the application of any type of motion, animation, or video on the signs. However, Seattle was obliged to allow video imagery on their signs after earlier signage code regulating certain types of signs was not strictly enforced. In addition to requiring a dark period between successive messages to overcome the Zeigarnik effect, Seattle also limits the duration of the video message to a minimum of two seconds and a maximum of 10 seconds. This time frame was established based upon careful calculations of the streets from which these signs could be seen, speed limits and traffic volumes in addition to the community's concern over the extent to which moving images could distract drivers. However, Seattle also limits the size of their electronic signs to a maximum of 1,000 square inches, with no single dimension greater than three feet, thus minimizing the effect of video images. 4.2.5 Sign Placement and Spacing Regulating the number of dynamic sign potentially visible to a driver at any one time as well as the position of the sign in relationship to the roadway may reduce distraction to drivers. Spacing requirements should consider the speed, width and horizontal and vertical alignment of the roadway. Some communities have established minimum distances between electronic signs. Establishing an adequate distance between these types of devices seems particularly important if a fairly fast rate of change is allowed for the purpose of facilitating sequenced messages or if animation and video imaging is allowed. Closely spaced signs attempting to convey sequenced messages may simply create visual overload and an over - stimulated driving environment. Research conducted to date has not yielded information about optimal electronic sign spacing. Seattle adopted a 35- foot spacing requirement for their electronic signs based upon multiple levels of analysis of the downtown city environment in which these signs are present. Due to the varying characteristics of individual roadways in this regard, overlay districts allowing dynamic signage with conditions specific to that area could be considered. Overlay districts could also take into account other locational factors such as offset from the roadway and conspicuity. Determining appropriate offsets from the roadway must consider roadway clear zone requirements as well as spacing of frontage roads and access points, while also considering the signage too far outside the driver's line of sight may be a further distraction. Conspicuity, a sign's ability to stand out from its surroundings, should also be considered. 4.2.6 Text Size Legibility is another important property of signage. The preferred approach used within highway signing is that drivers can read text that is 1 inch high from 30 feet away. Larger text is needed for signs to be legible at greater distances. Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. Conversely, with small text, the driver is more likely to focus on the sign for a longer period of time and possibly be more adversely distracted. However, the size or type of text or the amount of text due is rarely regulated. 32 • • 4.2.7 Brightness Limitations on Electronic Signs One of the main concerns about the use of electronic signs, regardless of whether they consist of changeable text, animation, or video, is the brightness of the image. The brightness of an object can be characterized in two ways. !luminance is the total brightness of all the light at a point of measurement. Illuminance often describes ambient light and can be measured with a standard light meter such as is used in photography. Luminance is the measure of the light emanating from an object with respect to its size and is the term is used to quantify electronic sign brightness. The unit of measurement for luminance is nits, which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter). Many, but not all, LED -type signage can be time - programmed to respond to day and nighttime light levels. Higher -end signage types are equipped with photo cells to respond to ambient light conditions. Despite these controls, LED signs have been observed that are considered to be excessively bright. Sign industry representatives indicate that excessive brightness can be the result of 1) sign malfunction or improper wiring, 2) lack of photo cell and/or dimming mechanism, or 3) operator error or lack of understanding that brightness is not necessarily an advantage, especially if it makes a sign unreadable or unpleasant to look aL They also maintain that the intent of the electronic sign industry is to establish a brightness level that is similar to a traditional internally or externally lit sign. Recent observations of sign technicians calibrating the Interstate 394 LED billboard noted that the brightness controls are not calibrated to specific nit levels, but rather vary in proportion to a set maximum level, like a volume control dial on a typical car radio. To control the extent to which electronic signs are a distraction or the extent to which they are readable, many local governments have adopted regulations that limit nit levels. At this time, ordinances that use nit level limitations typically differentiate between day time and night time nit levels. A common daytime nit limitation ranges from 5,000 to 7,000 nits. A common nighttime limitation is 500 nits, although in areas that are extremely dark at night, with very little in the way of ambient light levels, less than 500 nits may be appropriate. Other communities have taken this farther, such as Lincoln, Nebraska, whose sign code incorporates a graph of varying ambient light levels ranging from night time to a bright sunny day and all conditions between those two extremes, and has correlating nit limitations for the various ambient light levels. Enforcement of these types of regulations is challenging as luminance of electronic signs is very difficult to measure in the field. Typically, sign luminance is measured and calibrated in a controlled factory setting using a spectral photometer to measure the light output. This calibration setting is then used in conjunction with a photo cell to control the brightness of the sign. The higher the ambient light levels, the brighter the sign. There are different nit thresholds for various colors. White is most often used to set dimming levels because at a constant nit level, white has the most intensity as perceived by the human eye. • Lincoln uses a light meter to conduct testing on electronic signs and found a wide range of luminance levels. One small electronic sign had luminance levels of 13,000 nits. The process that Lincoln uses to check luminance levels is to hold a luminance meter close to the face of the sign so that it captures only the light emitted from the sign. They have not had any requests to 23 measure the brightness of LED billboards, so the'viability of using this approach on billboards has not been explored. In Seattle, sign luminance was found too difficult to measure, so signs are visually inspected when complaints from the public are received. Sign owners are then contacted and asked to adjust sign luminance accordingly. Both Mesa, Arizona and Lincoln, Nebraska have included a requirement for written certification from the sign manufacturer that the light intensity has been preset not to exceed the illumination levels established by their code, and the preset intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. This language appears to offer the advantage of ensuring that electronic signs, at a minimum, cannot exceed a certain established level of brightness. At a minimum, it is important for communities to require all electronic signs to be equipped with a dimmer control. A requirement for both a dimmer control and a photo cell, which constantly keeps track of ambient light conditions and adjusts sign brightness accordingly, is optimal. Over time, the LEDs used in electronic signs have a tendency to lose some of their intensity, and an owner may choose to have the sign adjusted and calibrated, which involves adjusting the level of electrical current in a manner that affects the brightness of the sign. This occurs over the course of two or three years. Having maximum nit levels established would ensure that the sign company has upper limits to work with as far as adjusting the sign is concerned. 4.3 Public Review Most communities establish rules within their sign code and do not create opportunities For electronic signs to be approved through conditional use permits or special use permits. Some communities with special overlay districts, or areas that are oriented toward entertainment and night life, have established a review process for electronic signs, or for various functions of electronic signs such as animation and video. Other communities take the opposite approach, where they allow electronic signs with no controls whatsoever, except in certain special areas, such as a historic overlay district, or a historic downtown district, where the signs are prohibited. Each community needs to tailor their application of electronic signs to meet their needs. As of the writing of this report, no ordinances have been discovered that have a special review committee just for the purpose of electronic signs. Typically, sign regulations established in the zoning ordinance would be reviewed in accordance with existing review and approval processes. As with other development features, dynamic signage should be either prohibited, permitted, or conditional depending upon the zoning district and/or the specific features of the sign as established within the city's regulations (Le. size, specific location with respect to the adjacent roadway, zoning district, proximity of sensitive uses). The recommended review process for permitted dynamic signs should be the same as procedures already in place for administrative 24 • • • • • review. For dynamic signs requiring a Conditional Use Permit (CUP), the standard process for public notification and a public hearing before the planning commission should apply. 5.0 CONCLUSIONS AND RECOMMENDATIONS Driver distraction plays a significant role in traffic safety. Driver distraction is a factor in one in four crashes, and of those crashes involving driver distraction, one in four involves distractions outside the vehicle. The extent to which dynamic signage contributes to traffic safety has been examined in this study. Following are some of the major findings from a review of available research. • Drivers that are subjected to information - rich.content that is irrelevant to the driving task (such as digital advertising) may be temporarily distracted enough to cause a degradation in their driving performance. This degradation could lead to a crash. • The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static billboards. • Several studies have found a correlation between crashes and the complexity of the driving environment. For example, crash rates are higher at intersections because the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on drivers' attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. This is illustrated by the 1994 Wisconsin DOT study that examined crash rates before and after installation of an electronic sign on a high - volume curving roadway. Introduction of this sign was identified as a likely factor of the 80 percent increase in side -swipe crashes that was experienced. • Many studies have noted a correlation between outdoor advertising signs and crash rates, but have not established a causal relationship between the signs and crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a direct causal relationship between outdoor advertising signs and crash rates to show that they can make the driving task less safe. While the research shows that driver distraction is a key factor in many motor vehicle crashes, this often includes many interacting factors that distract drivers. The specific driver distraction danger that advertising signs contribute is difficult to quantify. A study that could control for multiple variables (human factors, vehicle, enforcement and the roadway environment) would be needed to provide a definitive statement on the level of driver distraction that signs produce. Such a study would likely find that not all advertising signs cause distraction that would lead to crashes, but some signs in some situations are more likely to contribute to crashes than others. Overall, the literature review conducted for the purpose of this study identifies a relationship between driver distraction and electronic outdoor advertising devices. As indicated, driver distraction is a significant factor in crashes. The purpose of dynamic signage is to attract the attention of people in vehicles, so a natural conclusion from that knowledge is that drivers may be distracted by them. Professional traffic engineering judgment concludes that driver distraction generally contributes to a reduction in safe driving characteristics. 35 For this reason, state departments of transportation have carefully studied the design and location of dynamic signs within the highway right -of -way. Their goal is to convey a message to the traveling public in a manner that is as straight- forward and readable as possible without being a visual "attraction ". The goal of the outdoor advertising sign is to be a visual attraction outside the right -of -way, possibly making it a source of driver distraction. Nevertheless, the actual change in crash rates influenced by the presence of any specific device has not been quantified in a manner that fully isolates the impacts of an electronic sign. Recent studies conducted by FH WA and others have cited the need for further research. ]n the interest of promoting public safety, this report recommends that electronic signs be viewed as a form of driver distraction and a public safety issue. Therefore, the ordinance recommendations identified here should be considered. These recommendations should be reviewed in the future as additional research becomes available. With respect to regulatory measures for electronic outdoor advertising signs, it is important that local governments take a thorough approach to updating their ordinances to address this issue. For example, an ordinance that addresses sign motion, but does not address brightness and intensity levels may leave the door open for further controversy. This report seeks to identify all of the aspects of electronic outdoor advertising devices that are subject to regulation. It does not specifically state what those regulations should be (e.g. the size of electronic signs), since these are all things that policy makers and staff must take into careful consideration. Further, as driver distraction and resulting influences on safety do not, in a practical sense, distinguish between on- premise and off - premise signage, this distinction is not highlighted in the recommendations below. Regulatory Measures recommended for consideration To properly address the issue of dynamic signage, it is recommended that the sign code address the following: 1. Identify specific areas where dynamic signs are prohibited. This would typically be done by specifying certain zoning districts where they are not allowed under any circumstances. If dynamic signs are to be allowed in specific areas, this could be done by zoning district (only higher level commercial districts are recommended for consideration) or by zoning overlay related to specific purposes (e.g. entertainment or sports facility district) or to specific roadway types. 2. Determine • the •acceptable level of operational modes in conjunction with such zoning districts or overlays. The various levels include: a. Static display only, with no transitions between messages, b. Static display with fade or dissolve transitions, or transitions that do not have the effect of moving text or images, c. Static display with scrolling, traveling, spinning, zooming in, or similar special effects that have the appearance of movement, animation, or changing in size, or get revealed sequentially rather than all at once (e.g. letters dropping into place, etc.), and 25 • • • d. Full animation and video. 3. If one of the forms of static display is identified as the preferred operational mode, a minimum display time should be established. This display time should correspond to the operation roadway speed (rather than posted speed limit), allowing at most one image transition during the time that the sign if visible to a driver traveling at the operational speed. If a shorter minimum display time is considered, the effects of message sequencing should be considered. Wait intervals of more than 1 -2 seconds between sequenced messages have the potential to become more of a distraction as viewers wait impatiently for the next screen, in an effort to view the complete message. 4. If the community wishes to accommodate animation or video in some or all locations where dynamic are permitted, a minimum and maximum duration of a video image should be established. The purpose for establishing a time limit is to ensure that the message is conveyed in a short, concise time frame that does not cause slowing of traffic to allow drivers to see the entire message. Given the creativity of advertising, these video images may be seen as a form of entertainment, and people, typically like to see an entertaining message through to the end. Differentiate between zoning districts where dynamic signs are permitted by right, and zoning districts, overlay districts, or special districts where they should only be allowed through the approval of a Conditional Use Permit. A CUP would involve public notification and review and approval by the Planning Commission. Other options would include a design review board or other dispute resolution process. S. Consider the establishment of minimum distance requirements between electronic outdoor advertising devices in relation to the zoning district or roadway context in which the signs are allowed. 6. Consider size limitations on dynamic signs for zoning districts where they are allowed. This may vary from one district to another. 7. Consider if dynamic signs are allowed independently, or if they must be incorporated into the body of another sign, and therefore become a limited percentage of the overall sign face. 8. Establish a requirement for that all dynamic signs that emit light be equipped with mechanisms that allow brightness to be set at specific nit levels and respond accurately to changing light conditions. The City must establish the authority to disable or turn the device off if it malfunctions in a manner that creates excessive glare or intensity that causes visual interference or blind spots, and require that the device remain inoperable until such time that the owner demonstrates to the appropriate city official that the device is in satisfactory working condition. If such technology is not available, consideration should be give to banning dynamic signs that emit light until such time as the technology allows brightness levels to be precisely controlled. 27 9. Consider maximum brightness levels that correlate to ambient (day or night condition, lighting of surrounding context) light levels. A maximum daytime and separate nighttime nit/footcandle level should be established. Consider wording that requires the sign to automatically adjust its nit level based on ambient light conditions. 10. Consider a requirement for a written certification from the sign manufacturer that the individual sign's maximum light intensity has. been preset not to exceed the maximum daytime illumination levels established by the code, and that the maximum intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. l 1. Require sign owners to provide an accurate field method of ensuring - that maximum light levels are not exceeded. If such a method cannot technically be provided, consider banning dynamic signs that emit light until such time as the technology is available. 28 • • • • APPENDICES • • • Ap pendix A — Current Sign Technologies Roadside signage has long been used to alert and direct travelers to retail businesses, lodging, attractions and other destinations. Until the 20 century much of this image was "static" in nature, presenting a single image that could only be altered by repainting or otherwise removing an image and replacing it with another. With the advent of motorized travel, signage became more "dynamic" or active in its efforts to attract the traveler's attention as they moved at ever increasing speeds. Initially, motion was created by flashing bulbs or alternating sets of neon tubes. Today's technologies allow for an increasingly sophisticated display of images that can be manipulated by a few strokes of a keyboard. Simpler forms of signs capable of displaying multiple images include "tri- vision" signs which present a series of images through mechanical rotation of multi -sided vertical strips. The rotation occurs at regular intervals presenting a series of static images. Other forms are electronically produced, allowing for a wide range of colors, messages and images depending on the level of technology, and typically produced by light emitted by the sign face. Basic levels of technology present letters or numbers in a single color of light, such as "time and temperature" signs or gas pricing signs. Many of these signs can present longer images in a scrolling fashion, or can provide simple animations. Recent advances have introduced a variety of technologies to the outdoor advertising arena. The largest impact has been made with LED signs which offer an inexpensive yet powerful approach that combines full motion, brilliant colors and a readable display. Other technologies are in development, including "digital ink" signs that offer a changeable medium on a surface that looks like a normal vinyl billboard. These signs manipulate ink on the surface, allowing for a dynamic presentation of images without being internally illuminated. The various sign technologies are referenced by a wide array of terms: `changeable message signs," "electronic billboards," "animated signs." In general, this report focuses on the broad range of signage types which are capable of displaying multiple images through electronic manipulation, which we will refer to as "dynamic" signing. Reference to specific signage types is made when necessary to discussion of specific issues (e.g. the brightness of LED signage). A -I • • Appendix B — Outdoor Advertising Sign Brightness Definitions This appendix defines various technical terms that are used to describe the operational aspects of electronic billboards. Billboard Illuminance Billboard illumination is typically discussed using two terms: illuminance and luminance. Because this section includes some technical jargon, a glossary that further defines terms used in outdoor advertising is provided in Appendix C. Illuminance: The amount of light that is incident to the surface of an object. This is the method for describing ambient Tight levels or the amount of light that is projected onto a front -lit sign. This parameter is typically measured in lux (footcandles x meters). For the purposes of dimming, illuminance is discussed to describe the ambient light that hits the photocell. Luminance: The amount of light that emanates from an internally illuminated sign. This parameter is measured in nits. The nit levels necessary for the sign to be legible vary with the ambient light conditions. On a sunny day, the nit levels must be very high, while at night, the levels must be very low to prevent the image from distorting and to prevent glare. Billboard Luminance (Brightness') Luminance is measured in nits (candelas /square meter) and describes haw bright the image is. In essence, it is the amount of light that is radiated from the sign divided by the amount of surface area of the sign. No matter how big the sign is, the luminance of the sign is consistent. For example, the brightness of computer monitors is also measured in nits. The European standard "EN 12966" specifies that at certain ambient light levels, the sign should output a given number of nits. There are different tables for each color due to the properties of how the human eye interprets each color. The color that is most often used to set dimming levels is white. The FHWA has developed recommended practices for dynamic message signs installed within the roadway right -of -way. The standard is NEIVIA's TS -4 "Hardware Standards for Dynamic Message Signs (DMS) With NTCIP Requirements." Note that these standards were prepared for message signs deployed within the roadway right-of-way and :should not be taken as recommended luminance levels for advertising signs. Table A -1 provides a simplified version of the NEMA TS-4 standard for the color white. Table A-1 - Lwuninance Standards Ambient Approximate Minimum Maximum Light Light Luminance Luminance (lux) (nits) (nits) 40,000 Sunlight 12,400 62,000 a -1 Dimming 10,000 Cloudy 12,400 - 4,000 Overcast 2,200 11,000 400 Sunrise /Sunset 600 3,000 40 Candlelight 250 1,250 less than 4 Moonlight 75 375 Source: NEA•!A 7'S-4 (3005) Billboard Resolution Billboards require far less resolution than print advertisements. For example, Clear Channel's LED "Digital Outdoor Network" LED bulletin -size (14' x 48') billboards require dimensions of only 208 pixels high by 720 pixels wide. if this image were to be printed at 300 dots per inch (dpi), a typical print resolution, the entire image would be less than 1.7 square inches. Therefore, it is ideal to keep the message on these signs simple and clear because they do not currently allow resolutions similar to printed images. To maintain readability, the brightness of a sign must be adjusted to match ambient light conditions. If this is not done, the image will appear too bright and can even degrade the image quality through a phenomenon called "blooming." if the image blooms, the brightest areas of the image bleed over into darker parts and the image clarity is Dimming is typically controlled by a photocell, which measures the ambient light conditions and varies the light output of the sign based on preconfigured settings. As ambient light conditions darken, the photocell senses the decrease and lowers the light output of the sign. Some sign manufacturers do not incorporate photocells in their electronic signs. Electronic billboard dimming can also be controlled by scheduled dimming according to time of day or manual dimming. On- premise signs may use any of these methods, but most, if not ail, off - premise standard size electronic billboards are auto dimmed by photocell. Some signs include user - defined dimming curve capability allowing total control over sign brightness and adjustability to accommodate local brightness ordinances. B-2 • • • • • • Appendix C Electronic Outdoor Advertising Device Visual Performance Definitions Appendix C - Electronic Outdoor Advertising Device Visual Performance Definitions Consaicuity Glare Conspicuity is the property that related to the contrast between a sign and its background and its ability to stand out from its surroundings. This is a subjective property that depends on many factors of both the environment and the viewer. Contrast Contrast is the property that defines the relationship' between the brightness of the brightest calor possible to the darkest color possible on a sign. In times when ambient conditions ate very bright, such as a sunny day, the darkest color may still be very bright due to the sun's reflection off the sign. In these cases, the lighter colored areas of the billboard's image must be much brighter than the contrasting daik areas. Legibility The ability of the driver to read a sign is related to its legibility. Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. Conversely, with small text the driver is more likely to focus on the sign for a longer period of time and possibly wait until the sign is very close, State departments of transportation use NEMA's TS-4 document for this criterion. This document specifies many characteristics related to legibility including character height, resolution and color. Disability Glare The first form of glare is disability glare. This occurs when a driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare Discomfort glare is when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle. Frequency of Change The frequency of change is determined by the interval of time between sign image changes. The rate of change can usually be adjusted by the owner and operator of the sign. Frequency c -I • • • • • of change is highly variable, with some on- premise signs changing faster than once per second. While no standard is generally accepted, local government agencies have used ordinances to limit the frequency to anywhere from 5 seconds to 24 hours. Interactive signs Interactive signs change their message based on the person viewing it. For example, the carmaker MJ•I has installed variable message signs that display a customized message to car owners who have special key dangles containing a radio frequency identification (RF1D) chips when the dongle is in close proximity to the sign. Another example is a microphone system that identifies the radio stations passing drivers are listening to and displays a specific message for that station. C-2 B. Wallace, "Driver Distraction by advertising: genuine risk or urban myth ?" Proceedings of the Institution of Civil Engineers, Municipal Engineer 156, 2003. J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- Message Signage. Report No. FHWA- RD -80- 051," Washington, D.C., 1980. 3 A.R. Lauer and J.C. Mcmonngle, "Da Road Signs Affect Accidents ?" Eno Transportation Foundation, 1955. 4 D. Faustman, "A study of the relationship between advertising signs and traffic accidents on U.S. 40 between Vallejo and Davis" San Francisca: California Roadside Council, Report CRC No. 165, 1961. 3 S. Weiner. "Review ofreporL" Washington, D.C.: Federal Highway Administration, Environmental Design and Control Division, August 1973. 9 J. Wnchtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable - Message Signage. Report No. FHWA-RD-80-051," Washington, D.C., 1980. 1 13. Crundnll et al., "Attraction and Distraction of Attention with Roadside Advertisements," Elsevier, 2006. D. BeiJer and A. Smiley, "Observed Driver Glnnee Behavior at Roadside Advertising Signs," Transportation Research Record, 2005. 9 A. Smiley et al., "Impact of bides Advertising on Driver Mallon Patterns. Transportation Research Record, 2004. 1° G. Wachtel, The Veridian Group, "Video Signs in Seattle — Final Report." 2001. " J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable - Message Signage. Report No. FHWA -RD -80 -051," Washington, D.C., 1980. 1' C. L. Dudek et al., "Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs," Operations Office of Travel Management: Federal Highway Administration Washington, D.C., 2005. 13 "NHTSA Driver Distraction Forum: Summary and Proceedings," < http:J /www- nrd.nhtsa.doLgov /pdf/ nrd- 13 /FinallntemetForumReport.pdf ., accessed on February 14, 2007. 14 "Report of the Road Safety Committee on the Inquiry into Driver Distraction," .Parliament of Victoria, Australia, Victoria, Australia, 2006, p. 110. is A.W. Johnston and 13.L. Cole, "Investigations of Distraction By Irrelevant In formation," Australian Rood Research Board, 1976. 19 S.G. Klauer el al., "Impact of Driver lnattention an Near Crash/Crash Risk An Analysis Using the 100 - Car Naturalistic Driving Study Data," National Highway Traffic Safety Administration, 2006. 17 Driver lnattention Is A MajorFactor In Serious Traffic Crashes," <http: / /www.nhtsa.doLgov /people/ outrench/traftech/TT243.htm >, accessed on February 14, 2007. ie J. Wang, "Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System, 40th Annual Proceedings, Association for the Advancement of Automotive Medicine, Vancouver, British Columbia, 1996. " University of North Carolina Highway Safety Research Center, "The Role of Driver Distraction in Traffic Crashes, "2001. 30 K. Harder, "The Effectiveness and Safety of Traffic and Non - Traffic Related Messages Presented on Changeable Message Signs (CMS) ", Minnesota Department of Transportation, St. Paul, Minnesota, 2003. 21 "Decision of the Outdoor Advertising Board In the Matter ofJohn Donnelly & Sons, Pertnitee, Telespot ofNew England, inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19160 as Amended," The Commonwealth of Massachusetts Outdoor Advertising Division, 1976. -' Wisconsin Department of Transportation (1994). Milwaukee County Stadium Variable Message Sign Study. Wisconsin, USA: Internal Report, Wisconsin Department of Transportation. 3 T. Szymkowski, University of Wisconsin, Madison, interviewed on February 20, 2007. 34 Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction," 2001. s G. Davis, FHWA Office af Safety Research and Development, interviewed on February 23, 2007. 26 CTC & Associates LLC, "Electronic Billboards and Highway Safety, <"fittp://www.dot.wiscansin.govilibmry/ research / does/ tsrs /tsrelectronicbillbonrds.pdt ., accessed on February 14, 2007. • • • • • " Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction;' 2001. 2 " "Report of the Road Safety Committee on the inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Australia, 2006. =' D. Mnndelker, A. 13ertucci and W. Ewald. "Street Graphics and the Law," APA Planning Advisory Service, 2004, pp. 51- 55. ttachment F 08/19/2010) Brandon Miles - 09 -18 -08 SIGN CODE MINUTES.doc Page 1 J Present Mbrs: SIGN CODE COMMITTEE MINUTES SEPTEMBER 18, 2008 Pam Linder, Councilmember; Verna Griffin, Councilmember; Alan Ekberg, Planning Commission Member; Andrew Ciarocchi, Westfield Southcenter; Betty Gully, City Resident, Mike Hansen, Sabey Corporation and Thomas McLeod, City Resident Present Staff: Nora Gierloff, Planning Supervisor; Brandon Miles, Senior Planner and Wynetta Bivens, Secretary Absent: Ricardo Frazer, City Resident Chair Linder opened the meeting at 6:10 PM. Picking up with the continuation of dynamic signs and what are the pros and cons of having dynamic signs. Should dynamic signs be allowed and if so, how do you regulate them. Brandon Miles gave a re -cap of the last meeting. He pointed out that attachment "A" of the packet includes a definition of Dynamic Signs. Dynamic Signs were broken down to two zones, with general consensus to, 1) allow Dynamic Signs in residential areas for schools and churches. Discussion Left off on Non - residential zones, such as the Urban Center. Safety and aesthetics were the main two issues pertaining to Dynamic Signs. Staff recommendation was to continue the City's current prohibition of Dynamic Signs within non- residential zones. Currently there is an exception on date time and temperature signs but there is a moratorium, so that no one else can use these signs in the City. Signs that change more frequently than one time within 24 hours are prohibited. Staff provided four options for the committee to consider. However, if option four were approved it would present some problems for staff to work out. Those that were not at the previous meeting were given the opportunity to ask questions and others that were at the previous meeting shared their views. DYNAMIC SIGNS Betty Gully said it could be potentially good allowing informational signs that are easy to read but not distracting. Issues the Committee Raised: • Concern of over bright and colorful signs • Street safety depending on the speed of changing signs • Safety near schools • Cost of signs • Safety studies (City Attorney indicated some studies are promoting safe signs, some declaring them unsafe but more definitive studies coming out in 2010) • The inability to monitor regulations • Hard to blanket Dynamic Signs Allan Ekberg Suggestion: Allow Dynamic Signs in the City but experiment with 1) a free market area within the City where signs are allowed to go up and let the market bare the burden of demand. 2) Allowing Dynamic Signs WU/ 1.7ILV IV UI01IUVI1 lVIuI A - UV 10 VIVIY VVVL rv111YV 1 LV.UVV 1 ayc Page 2 of 7 Sept. 18, 2008 Sign Code Minutes anywhere within the City but limit the size of the sign to only be a portion of the overall allowed sq. ft. of signage, instead of allowing the whole sign to be a Dynamic Sign. Issues Raised: Pam Linder: • Regarding the four main reasons why businesses would install Dynamic Signs. She stated there are no reasons listed regarding what the advantages are for the City to allow Dynamic Signs. • Bellevue and Issaquah do not allow Dynamic Sign. • If the City does not allow Dynamic Signs are businesses going to move out of Tukwila? She said she did not feel that they would. • Will businesses looking for a place to establish a business not consider 1 ukwila because they can not have Dynamic Signs? • Linder does not think prohibiting Dynamic signs with cause businesses to move or to prevent other businesses from being established in Tukwila • If you decide to allow Dynamic Signs everywhere it's extra ordinarily difficult to go back if you realize you have made a mistake. • Regulations can be established but not sure how • It will be easy to make particular changes later • If Dynamic Signs are allowed than there will have to be lengthy amortizations, and grandfathering, for very long periods of time because they are expensive signs. • These are the things that come to her mind first when she thinks about what she wants Tukwila to look like Verna Griffin: • Tukwila does not have a spot /area to set up like they're envisioning to attract people and thinks it would be hard to try and set aside something like that right now Allan Ekberg Suggestion: It's the 21' century with many computer controlled things including Dynamic Signs. Tukwila could regionally be a leader by having an area set aside to allow Dynamic Signs to be produced and put in place. He recommended Baker St from the mall all the way to the river as a sample place to do something like this to jump start the area and maybe bring in some new interest in business and new businesses. He doesn't think the City should stay with the course where it is right now. There is opportunity to do things right and the opportunity to not do things right. It's an easy decision to not allow Dynamic Signs but he does not want to take the easy way out. He would like to see Dynamic Signs allowed in the City and some sort of basis on how to regulate them by sq. ft. and size. Betty Gully said she can see the advantages to businesses having Dynamic Signs in the Urban Center and Southcenter areas. Thomas McLeod is interested in knowing what negative issues or disadvantages could be anticipated. Verna Griffin asked how it would work in the code to determine where Dynamic Signs would be allowed or prohibited. Shelley Kerslake's response to Verna's question: Create an overlay zone in which Dynamic Signs are mapped out showing where they are allowed and where they would not be allowed. • • • Page 3 of 7 Sept. 18, 2008 Sign Code Minutes Mike Hansen said it gets difficult for him when you start limiting where you can have Dynamic Signs. It gets difficult to make the argument that you can only have them in certain areas. He said it gets back to what kind of Dynamic Signs are appropriate. Pam Linder we don't have the right to say what's appropriate, which is the problem, if you allow Dynamic Signs businesses can put anything they want on the sign. The City can not legislate good taste. You can try to regulate somewhat but it will be difficult to enforce it. She asked staff to give some of the biggest reasons they are recommending not approving Dynamic Signs. Brandon Miles responded that safety is the number one reason and when there is not a firm answer pertaining to safety that staff errors on the side of caution. He mentioned Dynamic signs could be deferred until after the 2010 safety report is out to see what implication it would have, then the City could re -visit the issue. The second reason was the aesthetics stand point and the unknown of how to regulate. Allan Ekberg inquired whether there is any way to apply Board of Architectural Review (BAR) to signage. Shelley Kerslake said if the direction is to provide some design guidelines for people to follow and have it go to the BAR it will be a challenge for staff but they can do it. However, if the signs are allowed you have to take the good with the bad. Ekberg Suggested: Look at allowing Dynamic Signs only in the Urban Center for now. Steve Samsom, Representative for an electrical sign company stated that the committee really needed an objective expert opinion. He mentioned that his company has provided staff with a DVD providing information that shows the benefits of electronic signs, one of which he mentioned addresses safety. Keith Rashee, employee of an LED Dynamic Signage manufacturer, said they automatically build in auto dimming equip in Dynamic Signs. They utilize technology to give businesses flexibility, a way to get information and goods out to people. They invest in people and time to work with Cities to educate on the technology and to educate on what the changes have took place since 1985. He said they are available if there are questions or if people want to learn more about the technology or to utilize their assistance. He talked about how it is an advantage and value to the City that these signs will bring in new business to the City. Linder Suggested: If there are going to be Dynamic Signs, any discussions for now should be limited to the Urban Center. Brandon Miles said that the committee could stay the discussion on Dynamic Signs until the next meeting, look at the DVD that was provided to staff, and focus the discussion on the Urban Center, and maybe Interurban. He commented that staff did not share the information from the electronic sign company due to fairness issues because he also received information from another company that is opposed to Dynamic Signs. Consensus UO/ I U /LU I U DIdIIUUIl IVIIICS - UU I0-UO JIL IN I.IJUC IVIIINU I CJ.UUG Page 4 of 7 Sept. 18, 2008 Sign Code Minutes It was the consensus of the majority of the committee to look at allowing Dynamic Signs in the Urban Center. Linder expressed her desire not to allow Dynamic Signs anywhere until the safety reports are completed, which will be at least another year. Nora Gierloff commented that the Urban Center Plan is being looked at extensively for uses and breaking the Urban Center into smaller subdivisions. She said to make decisions about where the signs are allowed in advance of completing this process may be pre- mature until the nature of the subdivisions are determined. FREE STANDING SIGNS Brandon Miles provided some background. The consensus at the previous meeting was to move to monument signs rather than pole signs. The new Sign Code would be a monument only Sign Code. The new code would allow for signs to be allowed closer to the street to improve visibility. Brandon showed some examples of signs that would not be allowed. He said that by definition that the Westfield Shopping Mall would not be a monument sign. Brandon said, it is a type of sign that the City would want to allow, so staff can work with the definition to make sure that there is a provision for it in the Sign Code. NUMBER OF SIGNS ALLOWED FOR A PREMISE Brandon Miles gave the definition of a premise and some provisions to be considered to determine the number of signs to allow on a premise. Pam Linder requested that staff go over each page and explain the new code and what staff's recommendation would mean to those sites. Mr. Wig commented that he is having problems getting a sign along Southcenter Blvd at the corner entrance of Wig Blvd and he wants to know how to achieve this. Brandon Miles talked about the need to have some flexibility for some situations. COMPLIANCE WITH THE NEW SIGN CODE For large commercial properties signage should be discussed at the early stage of a project and have signs looked at in a master sign provision, which would provide some flexibility. BUILDING MOUNTED SIGNS Brandon Miles gave an overview. He explained how a wall sign area is calculated to determine the size of an allowed sign. There are four large common uses for these types of signs. He asked the committee to think about where the signs should be located. To consider whether they want to allow signs on the back of a building, which faces the street but has no entrance, and how many building mounted signs should be permitted per business. He pointed out that sometimes smaller businesses are not able to be listed on the freestanding signs, and that wall signs sort of act as a secondary sign, to draw people inside. Also, there are display windows for some tenants that do not have a sign, so you do not know who is being advertised. Brandon addressed Linder's request to describe the advantages to approving staff's recommendations. He said, 1) it would provide some incentives for businesses to face their building toward public streets in order to take advantage of having a sign and also allow some businesses to have more signs. 2) rdyu 4 08/19/2010) Brandon Miles - 09 -18 -08 SIGN CODE MINUTES.doc Page 51 • • • Page 5 of 7 Sept. 18, 2008 Sign Code Minutes Mr. Wig made some comments from the audience. He is trying to create a corridor without signage. He suggested that signs not be limited based on the number of entrances.... (unintelligible). Pam Linder said she understands both sides, there are advantages to businesses facing the street, and that small businesses may have a hard time watching multiple entrances. Linder suggested: If staff can come up with something that would address staff's and the tenant's issues then she would entertain the idea. Brandon Miles suggested: They could look at ways for when a developer does something as part of a project to allow them to have an additional wall sign, for providing transparencies, or providing display windows. Mr. Wig asked once the display cases are installed, how much restriction are the tenants going to have. Thomas McLeod said he supports the idea of allowing wall mounted sign facing streets not just on store fronts. Allan Ekberg suggested: Allowing building mounted signs along public right -a -ways. He pointed out how Mr. Wig's site is a good example of why this should be done. (you don't know what businesses are on the other side of the wall when you drive down Minkler.) He is in favor of more signage. Pam Linder if it is done tastefully she would entertain the idea to use Brandon's example of having the window display advertising their name. Nora Gierloff Suggested: If Linder is talking about a design criteria for the additional sign perhaps it's something that can be granted during the Design Review process, if they meet certain criteria, but not as a given to put on any blank wall. Allan Ekberg provided clarification on his suggestion. Allow signage on a business's exterior facing to a public right -a -way even if there are no entrances. Thomas said he agree with this suggestion. Allan did not think there should be any set -back requirements. There were two options suggested regarding the wall mounted signage: 1. Businesses that face a public right -away with just a brick wall are allowed to have a sign. 2. Have design criteria for additional wall signs that must be granted in Design Review. Mike Hansen raised the point, what do you do with the existing businesses? Linder suggested: That existing businesses could do a mural on their blank wall. She said existence of established businesses does not mean that you can not encourage future development to do it in a better way. Andy Ciarocchi commented that for the folks that aren't building new he doesn't know how you can separate it. The issue was raised should every entrance be allowed to have at least one sign? 001 I VILV 10 DI dIlUVlI IvIIICA - VU 10 JIVIV IJUVC Iv111VV 1 CJ.uvt. rayc V Page 6 of 7 Sept. 18, 2008 Sign Code Minutes Verna Griffin asked how certain architectural characteristics would be exactly defined, such as transparencies, and would this fall under Design Review. Pam Linder asked if there is a provision or anything else that can be offered as an incentive for businesses that are placing dumpster on the walls, which face the public right -away. Brandon Miles said ways of rewarding people on a new project in Design Review is great but it would present problems for existing businesses. If the committee likes this idea then staff could look at some options to present to the Planning Commission and City Council. Verna Griffin is open to see what existing businesses can do, and thinks it would be appropriate for staff to return with some recommendations. Pam Linder made the comment to Mr. Wig that if he comes up with any ideas that could be done perhaps staff would be interested in looking at his suggestions. Brandon Miles said staff is going to look at how they can allow murals as part of the Sign Code Update in response to questions that Mike raised regarding the use of murals on existing buildings. A recess was called at 8:10 PM. The meeting reconvened at 8:20 PM. NON - CONFORMING SIGNS Brandon Miles gave an overview. He gave the basic definition of a non - conforming sign. Staff has determined there will be some problems if the existing code language regarding non - conforming signs is applied to the new code, such as for abandoned signs. The City would have to go through an abatement process to have abandoned signs removed, which is a lengthy process. Staff will review other City's codes to determine what is an appropriate length of time before Code Enforcement requires abandoned signs to be removed. Staff will bring this item back to the committee with some recommendations. Brandon went over the five non - conforming sign options staff recommended. There was conversation regarding the amortization of non - conforming signs for existing businesses. There was discussion regarding a letter being sent to all the property owners and everyone who have a business license informing them of impending amortization of non - conforming signs. Shelley Kerslake commented that in Washington it is an open question whether or not an amortization period covers the compensation that the statute requires. If the City is interested in doing this it can be done but it will be a legal battle that will be expensive. Pam Linder asked if they went with staffs recommendation 3, 4 or 5 would it be a mute question. The committee was in consensus with staff's recommendation numbers 4 and 5. Tim Lee with Westfield, spoke from the audience. He requested that the limit of six feet height signs of be raised. Mr. Wig spoke from the audience on amortization of non- conforming signs and how it would affect Brandon Miles - 09 -18 -08 SIGN CODE MINUTES.doc Page 7 of 7 Sept. 18, 2008 Sign Code Minutes him. Pam Linder asked for clarification on option number three. She requested some guidance on what the law will withstand while giving the property owner the opportunity to recoup their money as best as possible without an amortization process. Allan Ekberg asked what is the grievance process if a property owner does not agree with the City's policy. He asked if an Administrative hearing process could be considered. Shelley Kerslake said if a property owner did not agree with the City's policy that they have the option of suing the City. Tim Lee raised the issue of an alternative for businesses that decide not to conform to go before a review board. Pam Linder stated the members of the Sign Code Advisory Committee sometimes have different views and that those views will be presented as recommendations to the Planning Commission and the City Council. Brandon Miles said it would be helpful to staff to break the City into certain areas for non- conforming to said do the City want to continue requiring the removal of those signs that pre -date the annexation into the City. There was general consensus to continue this policy, which is option 3 Pam Linder suggested: Staff work on an Administrative process for recommendation to the Planning Commission and City Council. Shelley Kerslake agreed to look at creating an Administrative process, although this may or may not be possible. Verna Griffin said that option three is hard for her and she would like to see what the Planning Commission has to say. Betty Gully commented that she likes options four and five and she also likes three but disagrees with the ten year timeframe. Pam Linder suggested: A two tier program, if the sign cost a certain amount of money it would fall into the second tier. Brandon Miles suggested: Look at having some special provisions, to have the bigger properties go though a Master Sign Program, to identify what signs will be on their sites, what they are going to do to comply with the new code and have a timeline for when they will have non - conforming signs removed. Shelley Kerslake said this would be very similar to a Development Agreement, negotiated within the parameters of the code and applied only to certain types of properties. She said this would be a good option to explore. Next Meeting — October 16 6:00 — 9:00 PM Page 7 1/4V01 I VI L1.1 I v DIQI luvlI IVIIICS ' 0.T 10 JIV11 I.JLJC IVIIINU 1 CJ.UVI. Page 8 of 7 Sept. 18, 2008 Sign Code Minutes Adjourned: 9:05 PM Submitted By: Wynetta Bivens Secretary raye o • Sign Code Committee Meeting #5 Date: September 18, 2008 6:00 PM -9:00 PM Council Chambers, 6200 Southcenter Blvd Tukwila, WA 98188 A. Continued Discussion on Dynamic Signs (40 mins) B. Freestanding Signs (40 mins) C. Building Mounted Wall Signs (40 mins) D. Non - Conforming Provisions (40 mins) E. Tentative Remaining Schedule (no discussion needed) October 16 Billboards Special Considerations (Large Commercial /Industrial Properties, Hospitals, etc) B. Miles Page 1 09/18/2008 C:\DOCUME-1\ scoff -k \LOCALS- 1 \Temp\XPGrpWise\Agenda, 2008.09.18 (Final).doc Issue Background Agenda Item "A" Dynamic Signs in Non - Residential Zones Sign Code Meeting #5 September 11, 2008 Meeting Should dynamic signs be permitted within non - residential zones of the City and if so under what limitations? At the last Sign Code Advisory Committee, staff presented issues associated with the use of dynamic signs within non - residential (commercial and industrial) zones. The issues associated with dynamic sign include safety and aesthetics. A copy of the last issue paper related to dynamic signs from the July 31 meeting is attached. Also, included is a memo from the City Attorney that includes additional information related to dynamic signs. Staff recommended that all dynamic signs be prohibited outside of residential zones. This includes a prohibition on signs that display time, date, and temperature. By definition, signs that do not change more frequently than once every 24 -hours regardless of their ability to change message would not be considered dynamic signs and thus would be permitted. All businesses could utilize these types of signs within the city. There was some discussion by the Committee on the possibility of allowing more flexibility to allow dynamic signs within non - residential zones, most specifically the Tukwila Urban Center (TUC). There are other methods of regulating dynamic signs. One common method is to regulate the frequency of message changes and the duration in which one message is displayed. For example, the City of Seattle has a "ten second rule" for all changing message signs. Dynamic signs within Seattle must hold the message content for ten seconds before changing messages. Many other cities have variations of this rule where the specific time increment varies. The Committee asked staff to examine the sign regulations for the cities of Issaquah and Bellevue. The Committee noted that they thought those two communities had high quality signs. Dynamic signs are strictly prohibited in both cities. B. Miles Page 1 09/10/2008 0 • • • Analysis A copy of staff's first discussion paper that was provided at the 4 meeting is attached. Please see the analysis provided in that document for a more complete discussion on the issues associated with dynamic signs. As we continue to discuss the issues associated with dynamic signs it would be helpful to remember the proposed purpose section of the new sign code. Our draft purpose section notes, "The overall purpose of this Code is to enhance the City's aesthetic character, to protect the public health, safety and general welfare... ". We also noted that we wanted a sign code that could respond to the needs of Tukwila businesses. Options A. Dynamic signs should only be allowed in residential zones. Staff's recommendation, which was provided at the last meeting, is unchanged. Dynamic signs should not be allowed outside of residential zones. B. Dynamic signs should be allowed within the Urban Center. At the previous meeting when we discussed the issue of dynamic signs there appeared to be general consensus that dynamic signs should not be permitted in most zones within the City. However, there was some discussion of whether dynamic signs would be appropriate within the Urban Center, most specifically around the mall. This option would present serious issues in aesthetics and safety. The TUC would have signs that are typical of Fife or Aurora Ave in Seattle. At the first and second meeting of the Sign Code Advisory Committee we created the "purpose" section of the new sign code. Our draft purpose section notes, "The overall purpose of this Code is to enhance the City's aesthetic character, to protect the public health, safety and general welfare... ". Would this option be consistent with the draft purpose section? C. Change the code to allow dynamic signs to change at a rate of once per hour or another time duration. The City currently bans all signs from changing message more frequently than once every 24- hours, with the exception of signs that display time, date, or temperature. As noted, some cities allow changing message signs provided the message does not change more frequently than a prescribed time, such as once every 10- seconds. These rules, such as Seattle's may help to reduce the safety impact associated with dynamic signs. Yet, as we have discussed, the issues related to dynamic signs are both related to safety and aesthetics. Seattle's "10 second rule" does not address the aesthetic impacts associated with dynamic signs. The rate of change could be a standard that allows both the safety and aesthetic impacts to be mitigated. For example, a changing message sign could be allowed to change once every hour. This would prevent frequent blinking and scrolling B. Miles Page 2 09/10/2008 and would also give the appearance of stationary sign. Yet, this would provide more flexibility to property owners and businesses. For example gas prices could be changed more than once a day. A multi - business development could list several of its businesses throughout the day. Messages on the sign could be tailored to fit a certain demographic on the streets during specific times of the day (i.e. morning commute, lunch crowd, etc). D. Permit Dynamic Signs in the TUC to change at a rate that is similar to what will be permitted within residential zones. At the last Committee meeting, the Committee recommended that dynamic signs be permitted within residential zones, provided the signs do not change more frequently than once every 10 seconds. This "10 second" rule could be applied citywide. While this may mitigate some safety concerns, a "10 second rule" will not mitigate any aesthetic concerns associated with the signs. The size of the sign that is dynamic could also be regulated. E. Regulate the brightness of dynamic signs. In combination with options C and D the brightness of dynamic signs could be regulated to control their aesthetic impacts. Luminance is the measure of the light emanating from an object with respect to its size and is the term to quantify dynamic sign brightness'. The unit of measurement for luminance is "nits ", which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter). Many cities have enacted limitation on the maximum number of nits during both day and nighttime hours. A common range in the daytime is 5,000 to 7,000 nits, while a common nighttime limitation is 500 nits. The City used to provide a limitation on the number of nits allowed for changing message signs. Yet enforcement of any nit limitation is difficult. The report Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations, notes: "Enforcement of these types of regulations is challenging as luminance of electronic signs is very difficult to measure in the field. Typically, sign luminance is measured and calibrated in a controlled factory setting using a spectral photometer to measure the light output ". The City does not limit the brightness of other types of illuminated signage. Recommendation As noted, staff recommends that dynamic signs be prohibited within all non - residential zones. Remember that the Committee does not need to come to a consensus on this issue. Multiple approaches proposed by the Committee would be provided to the City Council for consideration. Source: Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations. B. Miles Page 3 09/10/2008 • • • • Attachments: A. Issue Paper from Planning Staff presented to the Committee on July 31, 2008. B. Issue Paper from the City Attorney presented to the Committee on July 31, 2008. B. Miles Page 4 09/10/2008 Agenda Item "B" Freestanding Signs Sign Code Meeting #5 September 11, 2008 Meeting Issue How many freestanding signs should be permitted per premise within the City? Background Many businesses choose to utilize freestanding signs as part of their sign package. The City's existing sign code defines a freestanding sign as a "sign installed on a permanent foundation, not attached to a building of other structure (TMC 19.08.070) ". As we have talked about at previous meeting there are two common types of freestanding signs within the City, pole signs and monument signs. Pole signs are sign cabinets raised in the air and supported by one or several pole structures. Monument signs typically have solid bases and are shorter and smaller. Freestanding signs typically provide three main functions for a premise (development) and businesses that are located on a premise: Way Finding: Freestanding signs can be utilized to assist motorists and pedestrians navigate city streets. The signs, when placed correctly, can inform motorist where to turn to access a property. Advertising: Freestanding signs are often used to advertise goods and services available at a premise. Economic Value to a Property: Landlords often charge additional rent for tenants that are listed on freestanding signs. The more freestanding signs they can have the greater rent they can generate from a site. The City's existing sign code allows all properties the option to install at least one freestanding sign per premise. A premise means one or more contiguous lots of record, owned or managed by the same individual (TMC 19.08.172). The City provides no limitations on the style of sign (monument or pole) but does control height, area, and setbacks as follows: • No taller than the building that is located on the premise that is utilizing the sign. • Must be setback from all property lines an equal distance to its height. • Area of the sign is limited to the amount of linear frontage located along the subject premise. Premises that have less than 200 linear feet of street frontage B. Miles Page 1 09/10/2008 • • • Analysis feet are allowed a freestanding sign with an area of no more than 100 square feet for all faces and no one face can be greater than 50 square feet; premises with street frontage between 200 and 400 feet are allowed a freestanding sign with a sign area not to exceed 150 square feet for all faces and no face can be greater than 75 square feet; and premises with more than 400 feet of linear frontage are allowed a freestanding sign with an area no greater than 200 square feet for all faces, with no face being allowed to exceed 100 square feet. Criteria for additional freestanding signs As noted most premises within the City are permitted only one freestanding sign. The code does provide provisions for certain properties to have a second freestanding sign if the following criteria are met: 1. The premise has at least 400 feet of frontage along a city street; 2. The premise contains at least two detached buildings; and 3. There are two unrelated businesses operating at the site. Some premises that are occupied by single tenant buildings, such as fast food restaurants, and banks choose to install a second building mounted sign in lieu of installing a freestanding sign. This is typically because the setback provisions of the existing sign code make installing a freestanding sign impractical since the signs visibility would be limited. At the previous Sign Code Advisory Committee meeting, the Committee expressed a desire to move away from pole signs and move to only allowing monument signs under the new sign code. As staff pointed out at the last meeting, tall pole signs can conflict with perimeter landscaping and street trees; while monument signs allow mature trees and signs to coexist. Additionally, monument signs typically are more aesthetically pleasing then pole style signs. Monument signs are also have a size which allow them to blend into the built environment. An issue that needs to be examined is how many freestanding signs should be permitted per premise. While some businesses choose to install a second wall sign in lieu of a freestanding sign, most premises do contain a freestanding sign'. A visual survey of Southcenter Parkway, Interurban Ave S, and West Valley Highway shows that many of the premises have installed freestanding signs. This type of development pattern is typical for the auto - oriented development that is found within the City. Other than the provisions shown above the City's current sign code does not allow for an increased number of freestanding signs permitted for larger premises. Attachment A shows the Parkway Supercenter site located along Southcenter Parkway. The site I The issue of the number of building mounted signs allowed for a building is discussed as separate agenda item at tonight's meeting. B. Miles Page 2 09/10/2008 contains almost 20 stores including Red Robin, Best Buy, Starbucks, Macy's Furniture, and Old Navy. The site has approximately 1600 feet of linear frontage and six access points along Southcenter Parkway. The City's sign code limits the number of freestanding signs permitted at the site to only two. The site currently has two large monument style signs that list a large number of the tenants in small panels. In order to meet the City's setback requirement the signs have been placed off of the city right of way. The small panels and the distance from the right of way hinder the signs ability to help customers access the site. Another issue with the current sign code is that properties that are accessed off of two city streets are only permitted to have one freestanding sign. A good example is the Acura Dealership at the corner of Andover Park West and Baker Blvd. The site contains more than 400 feet of frontage and has three access points, one from Baker Blvd and two from Andover Park West. The site also contains a Smart Car Dealership. Yet since there is only one building on the premise, the premise is only allowed one freestanding sign. At the last committee meeting, staff noted that there was a need to provide additional signage for premises located within the Duwamish Industrial Center (MIC). This area provides a classic example of limitations of the existing code. Boeing, the largest landowner in the MIC area, is only allowed one freestanding sign for each of it large properties. While these properties have more than 400 feet of linear frontage and contain several buildings, they are only allowed one sign since only one business is operating at the site. As noted in the Background section of this paper, freestanding signs serve three main purposes. Of the three purposes, the main concern for the City is way finding for motorists and pedestrians. Freestanding signs if placed correctly can assist in this function. The current sign regulations do not contribute to this function. The setback regulations require that the signs be placed off of the front property line, which impact motorists in viewing the sign. The signs are also taller which impacts the ability of pedestrians along City sidewalks in viewing the signs. Options There are several options related to regulating the number of freestanding signs per premise. The options are outline below: A. No change from the current sign code. The Urban Center is a good reflection of the impact of the City's existing sign code. Most signs within the Urban Center comply with the City's regulations. However, this option would not address the issues presented in the background section of this report. B. Allow every premise one freestanding sign and provide provisions for additional freestanding signs. B. Miles Page 3 09/10/2008 • • • Generally, most premises are allowed one monument sign. Provisions would be made to allow additional monument signs based on the amount of frontage along a public street. The City currently uses 400 feet as part of the test to determine if a site is allowed a second freestanding sign, that same number could be used. As noted, Parkway Supercenter occupies approximately 1600 feet of linear frontage and has six access points. If a sign was allowed for every 400 feet of linear frontage, that site would be allowed four monument signs. In order to assist in way finding for motorists the signs should be placed near access points to the property. The City's current development standards (setbacks, area, and height) are not appropriate for monument signs. Staff will have to revise those development standards. Generally, monument signs are smaller in area than pole signs. Monument signs are also lower to the ground and are closer to the streets in order to provide good visibility for drivers. Using Parkway Supercenter as an example, under this option they would get a monument sign that is smaller than one of the pole signs on the site. However, they would be allowed to have a total of four signs which could be spaced out along the property to identify particular tenants that can be accessed by a particular curb cut. While this option would allow a few properties to have more signs than is currently allowed; that impact is mitigated by the fact that premises that currently have large pole signs would eventually have to replace them with smaller, shorter, and more aesthetically pleasing signage C. Each premise could be limited to one monument sign per street. Most premises that occupy multiple streets have at least 400 feet of linear frontage and thus under option "A" would be able to install a second freestanding sign. This option would allow all properties that are bordered by additional streets to have an additional sign regardless of the amount of linear frontage D. Freestanding signs could be prohibited within the entire City or certain areas of the City. Again, this option does not seem logical given the current development patterns in the City. However, the future development pattern of parts of the TUC and TIB may naturally prevent freestanding signs. Both the TUC and TIB plans envision buildings being located directly along City streets. If this development pattern were to occur it would preclude the installation of freestanding signs. E. Freestanding signs could be prohibited in areas of the City where the City is attempting to create a more pedestrian friendly environment. The City's new Urban Center plan envisions a Transit Oriented Development (TOD) area where pedestrians can easily move from the Sounder Station to the Mall. Freestanding signs would not be appropriate in this area once the TOD is fully redeveloped. Yet, as noted in option "D ", new development will be required to locate along the streets. Thus, B. Miles Page 4 09/10/2008 the building placement would preclude installation of freestanding signs. However, we are currently in a transition period and many of the existing buildings within the TOD area require freestanding signs. Recommendation Staff recommends that option "B" be adopted into the new sign code. Planning staff will determine the specific development standards for monument signs under the new sign code. Attachments: A. Aerial Photo of Parkway Supercenter B. Additional Pages for Visual Dictionary B. Miles Page 5 09/10/2008 Approximate Length at Curb is 1519 feet 09/10/2008 • Freestanding Signs (Envisioned under new code) Left: Large Monument Style Sign with multiple tenants Left: Monument Sign Visual Dictionary, Meeting #5, Agenda Item B • Left: Monument Sign Left: Monument Sign with changeable copy • • • 09/10/2008 Freestanding Signs (Envisioned under new code) Left: Small Monument Style Sign Left: Freestandi ng Sign utilizing multiple support structures Visual Dictionary, Meeting #5, Agenda Item B Left: Small Monument Style Sign at Office Building Left: Monument Sign sign • 09/10/2008 Freestanding Signs (Not Envisioned under new code) Left: Pole Sign Left: Pole Sign Visual Dictionary, Meeting #5, Agenda Item B Left: Large monument sign Left: Pole Sign • • • 0 • Building Mounted Signs 09/10/2008 Left: Building with common entrance Left: Mixed Use Building Visual Dictionary, Meeting #5, Agenda Item C Left: Signs at building with common entrance Left: Mix Use Building • 09/10/2008 Building Mounted Signs Left: Sign above window display. Left: Rooftop Style Sign Visual Dictionary, Meeting #5, Agenda Item C Left: Wall sign using individual channel letters Left: Awning Graphic Sign • • • • 09/10/2008 Building Mounted Signs Left: Sign for apartment building at mixed use building. Left: Blade Sign Visual Dictionary, Meeting #5, Agenda Item C • • Left: Projecting Sign Left: Wall signs installed behind a building Agenda Item "C" Building Mounted Signs Sign Code Meeting #5 September 11, 2008 Meeting Issue How many building mounted wall signs should be permitted per building? Background In a separate issue paper we discussed how many freestanding signs should be permitted per premise. A related topic is how many building mounted signs should be permitted per premise. The current sign code refers to building mounted signs as wall signs. However, the term "wall sign" is very limiting. Wall signs are typically flush mounted signs; however there are other types of signs that can be used on buildings. Other examples of building mounted wall signs include projecting signs and signs installed on awnings. As with freestanding signs, building mounted wall signs provide three functions for a property and a business: Way Finding: Building mounted wall signs assist pedestrians and motorists in finding a particular business. Many times they work in conjunction with a freestanding sign. The freestanding sign inform motorist where to access along the roadway, while the building mounted wall sign further directs motorist on where to park and where the entrance for the store is located. In some developments the building mounted wall sign replaces the freestanding sign along the roadway. This type of development is common in downtowns where buildings are located along the street. Advertising: Building mounted wall signs are often used to advertise goods and services available at a premise. Economic Value to a Property: In most types of development each tenant can have at least one building mounted wall sign for its tenant space. Thus, unlike freestanding signs access to the sign is not limited which would provide an economic value to the property owner. But in some office buildings not all tenants are allowed signage and those that do have signage pay the landlord for the right. B. Miles Page 1 09/10/2008 C:IDOCUME-1\ scott- k1LOCALS --- 11Temp\XPGrpWise\Building MOunted.doc • Building mounted wall signs can typically be found at four common types of development types within the city: Single Occupant Buildings: With this type of development one building occupies a site and only one business is operating within the building. Common examples include fast food restaurants, banks, and gas stations. Multi - Tenant Buildings where each tenant has its own entrance: This type of development pattern is perhaps the most common within the Urban Center. At this type of development each tenant has its own entrance into its tenant space and parking is typically located in the front of the building. Multi - Tenant Building with a common entrance: The most common example of this type of development is the office building. The building might contain several businesses, but entering each business requires going through a common lobby area. Mixed Use Buildings: Mixed use buildings typically have retail on the first floor and office or residential dwellings on the upper floors. Each of the retail operations on the first floor typically has its own entrances from the street, while the upper floors have one or several common entrances. The above development types account for almost 90 percent of the developments within the City's non - residential zones. Yet, there are certain buildings such as the mall which cannot easily be classified into one of the three categories. These special developments will be considered at another sign code committee meeting. Analysis Under the existing sign code, single occupant buildings and multi- tenant building where each business has its own entrance are treated the same. Each business is permitted one wall sign. The size of each wall sign (on a separate wall) is based on the wall area occupied by the business. A second wall sign is permitted if the business is not listed on a freestanding sign. The existing sign code places no restrictions on where the sign can be located for a business. The signs can be located on any wall occupied by the business. With regards to multi- tenant buildings with a common entrance, each business is still allowed a quota of two signs. Yet, the building's owner is given a sign allowance based on the size of the wall. The owner can then divide the sign allowance to as many businesses within the building as they choose. This method allows signs to be located on buildings in an "ad hoc" manner. Signs are installed when a new tenant comes to a building. There is no limit on the total number of signs, thus the sign wall can become cluttered with various signs. The City's existing sign code was not created for sign issues that are associated with mixed use buildings. B. Miles Page 2 09/10/2008 C:\DOCUME- 1\scott- k\LOCALS -1 \Temp \XPGrpWise\Building MOunted.doc Options A. Allow Each business would be permitted to have one building mounted wall sign for each public entrance. During design review, the City consistently encourages developers to locate public entrances along streets. Many developers choose to "turn their back" on streets. Locating public entrances toward streets helps activate the area around the entrances. When we talk about "activate" we are talking about a vibrant environment, in which people are coming and going from a development; and where the building and business is prominent, not the parking lot. If a business was allowed one sign for every entrance it would encourage developers to face public streets and in some cases it would encourage them to add additional entrances. A slight twist on this option would be to allow an additional building mounted sign when the wall displays certain architectural characteristics such as transparency. This option would decrease the number of building mounted wall signs allowed for businesses compared to the current sign code. But the business could still be listed on a freestanding sign. Buildings that have common entrances would be allowed two building mounted wall signs. This option could easily be applied to mixed use buildings since mixed use buildings are a hybrid of other development types. Each tenant on the first floor of a mixed use building would be allowed one building mounted wall sign per entrance. B. Allow each business two building mounted wall signs. The signs could be placed on any exterior wall occupied by the business listed on the sign. This would allow each business to theoretically have three signs, since the business would also be allowed to be listed on a freestanding sign. Buildings with common entrances would be allowed two building mounted wall signs. As with option one this option could apply to mixed use buildings. This option is similar to the existing sign code. C. Allow unlimited number of building mounted signs subject to a maximum area that is based on the area of the wall. The building owner would divide the sign area between the tenants. The cumulative area of all signs on a wall must be less than the allowable sign area. This would allow a large number of building mounted wall signs per wall. Also, it could squeeze allowable sign area for small businesses since large national chains could demand more of the allowable sign area. This option also presents issues in administration by City staff in that staff would have to have a detailed record of all the signs on a particular wall. This option would also require B. Miles Page 3 09/10/2008 C:\DOCUME- 1\scott-k\ LOCALS -11 Temp \XPGrpWise\Building MOunted.doc that the property owner obtain all sign permits since sign area is assigned for the entire building wall and not for the individual tenant spaces. D. Allow each business a building mounted wall sign for each wall space that they occupy. This option would not be tied to the freestanding sign allowance for the site and therefore the number of signs per business could drastically be increased and thus the total number of signs within the City would also be increased. Some cities do allow one sign per wall. A variation of this would be to allow building mounted wall signs for wall that meet a certain setback, such as the front or side setbacks or walls that face a public street. Recommendation Staff recommends that option "A" be used for the new sign code. Note: There have been no issues related to the existing formula for wall signs and staff as no recommendation for change; therefore size of building mounted wall signs will not be discussed as part of the Committee's work -plan. Detailed standards for items such as size and placement will need to be developed by staff for projecting signs, blade signs, and other common building mounted wall signs for inclusion in the draft code. Attachments: A. Additional Pages for Visual Dictionary B. Miles Page 4 09/10/2008 C:\DOCUME -1 \scott- k\LOCALS -1 \Temp \XPGrpWise\Building MOunted.doc Issue What tools should the new sign code use to encourage and in some cases require the removal of signs that do not confirm to the new code? Background: Agenda Item "D" Non - Conforming Sign Provisions Sign Code Meeting #5 September 18, 2008 Meeting A non - conforming sign is a sign that was lawful when it was installed but due to changes to the code, no longer complies with sign regulations. Non - conforming signs are typically either too large, too tall, or encroach on minimum setback requirements. A site can also have too many signs and thus the site itself is non - conforming with regards to allowable signage. The City has a large number of signs that do not comply with the City's existing sign code. The City's current sign code was adopted in 1982 when much of the area that currently makes up the City had yet to be annexed into Tukwila. Areas along Tukwila International Blvd (TIB) and East Marginal Way South contain the largest number of non - conforming signs. These areas were annexed into the City between 1989 and 1991. Prior to annexation signs were installed under King County and in the case of TIB Washington State Department of Transportation (WSDOT) standards. King County and WSDOT had very relaxed sign standards which explains why these areas of the City have such a large number of non - conforming signs. As part of the sign code update process the Committee has identified a desire to only allow monument rather than pole signs within the City. Additionally, the Committee has also expressed a desire to have freeway interchange signs removed from the City. Should the new sign code prohibit pole signs and freeway interchange signs would become non - conforming. Additionally any changes to the wall sign regulations could create non - conformities for that type of sign. The City's current non - conforming sign regulations can be found in Tukwila Municipal Code (TMC) 19.30. The City allows for regular maintenance of non - conforming signs, including painting and minor electrical work. However, any change to a sign panel or sign copy of a non- conforming sign requires total conformance to the City's sign code. The City has used this tool extensively along TIB in its on -going effort to have non - conforming signs removed and thus improve the urban environment. B. Miles Page 1 09/18/2008 C:\DOCUME-1\ scoff- k\LOCALS- 11Temp\XPGrpWise\Non- Conforming Provisions.doc o • Other cities allow for sign panels and copy to be changed, provided there is no change in the size of the sign. Signs are required to come into conformance when the structure of a sign is modified. Yet cities that allow panel changes and copy changes to non - conforming signs typically have a deadline in which all signs within the City have to come into conformance. For example the City of Bellevue requires that all signs comply with their sign code nine years from the date of adoption of its current sign code. The idea is that property owners can utilize the signs as they want, but eventually the sign is required to come into conformance. A compliance date is also called a sign amortization program, the idea is that property and business owners can have sufficient time to amortize the cost of the sign on their federal taxes. The City used to have a sign amortization program along TIB. As noted, annexation areas such as TIB contain a large number of non - conforming signs. Property owners were given until @ to fully comply with the City's sign regulations. Copy changes and refaces of existing signs were permitted during the amortization period. Many cities along old Pacific Hwy adopted a similar program. Federal Way was very successful in getting their non - conforming signs along old Pacific Hwy removed, however due to a court action against Federal Way in 2004, the City was forced to abandoned its sign amortization program. TIB used to be part of the Federal Highway System and while TIB was within the City, it was under the control of WSDOT. The Scenic Vistas Act is a federal law championed by Lady Bird Johnson that attempts to regulate the visual scenery along federal highways. The Act limits the types of signs that are allowed to be displayed along federal highways, however the Act strictly limits the ability of local government to utilize an amortization program in removing non - conforming signs along federal highways. While not prohibiting local governments from using amortization programs, the Act requires that local governments compensate sign owners if the signs are part of an amortization program. Needless to say the City did not have the funds to pay for the removal of the signs. It should be noted that WSDOT transferred control of most of TIB to the City and thus the Scenic Vistas Act no longer applies to most of TIB. The Scenic Vistas Act does have implications for signs along West Valley Highway and signs that are visible along Interstate 5 and 405. Note: The Scenic Vistas Act does not require compensation if the applicant voluntarily makes a change to a sign and that change requires that the sign be brought into conformance with City standards. Analysis The purpose of non - conforming regulations is to not impact existing property owners due to a change in development regulations. However, the City determines what if any non - conforming provisions will be included when there is a change in development regulations. While legally a city does not have to provide non - conforming rights, they can reduce the impact of the change on existing businesses and thus should be considered with the new sign code. It would seem appropriate to have a discussion on the pros and cons of the City's existing non- conforming regulations: Pros B. Miles Page 2 09/18/2008 C:\DOCUME- 1\scott- k\LOCALS --1 \Temp\XPGrpWise\Non - Conforming Provisions.doc As noted, the City is very strict regarding what can be done to a non - conforming sign. Most work, outside of regular maintenance, requires that the sign be brought into conformance with City standards. The City's existing non - conforming regulations have been very successful in getting non - conforming signs removed within annexation areas. In these areas many signs are 20 -30 years old. On average the City gets three to four non - conforming signs removed per year within annexation areas of the City. Con Under the current sign code if a sign owner never chooses to reface or alter their sign they are not required to come into conformance with City standards and there is no language regarding abandoned signs. Only when someone proposes to change the sign can the City require that the sign be brought into conformance. A great example is the Levitz freestanding sign along Southcenter Pkwy. Levitz has gone out of business and the sign is abandoned, yet the only way the City could order the removal of the sign is through a code enforcement abatement process which is a drawn out legal process. Using the City's existing non - conforming regulations as part of the new sign code update present some problems. The Urban Center largely conforms to the City's existing sign regulations. The Committee is proposing to make pole signs non - conforming. Under the current non - conforming regulations if a sign is refaced, including adding a new tenant panel, the pole sign would have to be removed. Unlike the annexation areas where the non - conforming signs are 20 -30 years old, many of the signs in the Urban Center are 2 -5 years old and asking people to remove these signs may be difficult. But the new sign code will allow some properties to have more signage than allowed under the current sign code. The additional signage could be used as an incentive to encourage the removal of older signs. Another issue with the City's current non - conforming regulations is that there is no requirement for conformance to the sign regulations when there is a major redevelopment of a property. Granted most times when there is a redevelopment the applicant updates the signs on the property. Landscaping on a property is required to come into total conformance when ever a project triggers design review, similarly this trigger could also be used for signs. Options 1. Establish a "Sign Amortization Program" All signs within the City would be required to comply within [insert number here] years of adoption of this sign code. Typically the time period given is ten years. This option would ensure that all signs within the City, eventually comply with the new sign code. A problem with this approach is that signs that are subject to the Scenic Vistas Act could only be removed if compensation is provided by the City. Needless to say the City does not have the resources to fund such a program. The other issues with an amortization program is that it is a huge administrative undertaking by City staff. The City had a program only on TIB which consumed a significant amount of staff time. Of course it does have significant benefits. A variation of this option would be to have an amortization program within certain zones of the City, most specially TIB where a large number of non - conforming signs are still located. B. Miles Page 3 09/18/2008 C:\DOCUME -1\ scott- k\LOCALS--- 1 \Temp\XPGrpWise\Non- Conforming Provisions.doc • 2. Require conformance for any change in the copy, panel, face or structure of a non- conforming signs. This is the City's current approach in dealing with non - conforming signs; however staff did indicate that this option might have practical limitations for signs within the TUC that currently comply with the City's sign regulations. A hybrid of this option would be to use this option in certain zones where there is a high concentration of non - conforming signs, such as TIB. 3. The City should require conformance for any change in the copy, panel, or face of a non- conforming sign if the sign is at least ten years old. This is a hybrid of option one and two. The difference between one and two is that option one requires total conformance for everyone, regardless if a business or property owner intends to make a change to their sign. Option two on the other hand only requires conformance when a property owner or business wants to do work to their sign. Yet, option two would impact current property owners and businesses that recently installed signs that comply with the existing sign code. This option would allow newer signs to remain for up to ten years, yet signs that are ten years or older would be required to comply with the City's sign code when a change is proposed to the copy, face, panel, etc. Most of the signs on TIB are older than ten years thus the City would continue its goal of removing non - conforming signs along TIB. However, this option would ease the impact of the new sign code on businesses within the TUC who have recently installed signs. 4. Require any project that is subject to certain permits to come into conformance with the City's sign regulations. Signs will be required to come into conformance when a project triggers design review. This is the same requirement that the City uses for when landscaping needs to come into conformance on a site. Most of the time when a site is redeveloped existing signs have or will be removed, so this option would only affect to a limited number of projects. 5. Offer incentives for the removal of non - conforming signs. If the new sign code allows additional signage that is currently not allowed under the existing sign code, a property owner could not take advantage of the new sign code until existing non- conforming signs were removed. Some cities offer a non - conforming grant program to assist property owners and businesses remove non - conforming signs. The City could explore such a program, especially on TIB where the City has most of its non - conforming signs and where there is large concentration of small businesses. B. Miles Page 4 09/18/2008 C:\DOCUME -1 \scott-k \LOCALS -1 \Temp \XPGrpWiseNon - Conforming Provisions.doc Recommendation Staff recommends that options three, four and five be used to address the removal of non- conforming signs within the City. The Committee's recommendation will be presented to a joint Planning Commission/City Council meeting where the policy direction for the sign code update will be decided. B. Miles Page 5 09/18/2008 C:I DOCUME- 1\ scott- k1LOCALS-- 1\Temp\XPGrpWise\Non- Conforming Provisions.doc • Attach: ent G • • o w Minutes for October , 2008 SC Meeting not transcribed. ,•• • • . . • • B. Miles City of Tu Department of C =mink/ Development Jack Pace, Director Sign Code Committee Meeting #6 Date: October 16, 2008 6:00 PM-9:00 PM Council Chambers, 6200 Southcenter Blvd Tukwila, WA 98188 A. Billboards (30 min) B. Special Event Signage in Commercial and Industrial Zones (45 min) C. "A" Boards (30 mins) D. Murals (30 mins) E. Master Sign Program (45 mins) F. Other (10 mins) Page 1 Jim Haggerton, Mayor 10/09/2008 Issue: Should Billboards be allowed under the City's new sign code? Background: Billboards are common place along many highways throughout the country. The City currently defines billboards as "...a sign or visual communication device, its structure and component parts, 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 of the immediate premises (TMC 19.08.050) ". The City bans billboards in most areas of the City. New billboards are permitted on West Valley Highway south of S. 180 Street . and along Interurban Ave South north of Interstate 5. New billboards may not be located closer than 500 feet to an existing billboard. The billboards must be a single post and cannot have an area greater than 300 feet in area. The City has 19 existing billboards within the City, with most of the billboards being located along TIB and East Marginal Way South. All of the City's existing billboards are located within annexation areas of the City. Prior to annexation, King County and Washington State Department of Transportation (WSDOT) regulated the placement of signs within these annexation areas. Both King County and WSDOT had relaxed land use regulations which allowed for billboard construction. Analysis Agenda Item "A" Billboards Sign Code Meeting #6 October 16, 2008 At the first and second meeting of the Sign Code Advisory Committee we created the "purpose" section of the new sign code. Our draft purpose section notes, "The overall purpose of this Code is to enhance the City's aesthetic character, to promote the public health, safety and general welfare... ". Do billboards help enhance the aesthetic character of the City? .Billboards do provide a small cash flow for property owners where they are located. Yet, while this cash flow would be a good asset to a small business that is located on the site; it also works to help prevent redevelopment of the site since the property owner is receiving income from the billboard. Removing billboards once they are established can be very difficult and expensive. At the last meeting we had discussed implementing a sign amortization program for the removal of non- conforming signs. Billboard companies typically fight amortization programs which require cities to incur legal cost to implement policies for the removal of billboards. B. Miles Page 1 10/09/2008 • Options A. The City should not allow additional billboards within the City. The City currently allows billboards in two areas of the City. Under this option, the City would have a complete prohibition on billboards within the entire City. B. The City should continue to allow billboards in certain areas of the City. If this option is favored by the Committee, staff would have to determine which areas billboard would be most appropriate. Most likely the two areas of the City that currently allow billboards would remain. 13. Miles C. The City should allow billboards citywide with the exception of residential areas. Planning staff would have to determine the specific development standards for billboards. This option would be contrary to the City's redevelopment goals both in the TUC and along TIB. Recommendation Staff recommends that option "A" be incorporated in the new sign code. Preventing new billboards within the City would be consistent with the goals of the new sign code that the Committee has established. At this time Planning staff is not recommending that existing billboards be amortized. Page 2 1 nmQfnnR • Issue Should businesses within commercial and industrial zones be permitted to display "special event" signage and if so under what provisions? Background Many businesses have a desire to install temporary /special event signage to advertise a grand opening, sale, or other special event. Common examples of special event signage include banners, "A" Boards, balloons, wind animated devices, search lights and pennants. The City's current sign code only allows businesses that are having a "grand opening" event to display balloons and other "carnival like" devices for up to seven days. All businesses within the City are allowed to use banners for up to 30 days once a quarter. If a business uses one banner it can be no greater than 64 square feet and if the business wants to use two banners the two banners combine cannot exceed 64 square feet. The City of Bellevue's restrictions are very similar to the City's current regulations: From Bellevue's Sign Code: Bellevue's code notes: Agenda Item "B" Special Event/Temporary Signage Sign Code Meeting #6 October 16, 2008 Temporary Event Signage. Signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloon, and search lights are permitted for a period of one month to announce the opening of a completely new enterprise, and anytime thereafter for two weeks each occurrence (searchlights excepted) to announce the opening of an enterprise under new ownership, a substantial remodel, or a going out of business sale. However, the City of Bellevue does provide additional provisions for signage that is not provided by the City of Tukwila. Temporary Joint Sales Signage. Signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloon, and search lights are permitted for a period of two weeks to announce a special sales events sponsored by more than one commercial enterprise. Such special sales event must be held on the premises of one or more of the sponsoring enterprises, and all participating enterprises must be located on the same site or abutting B. Miles. Page 1 10/10/2008 E:\ Sign Code Update\Meetings\Meeting 61Temporary Signs.doc • • sites. The signage allowed under this section may be permitted no more than four times per year for any participating enterprise. The City of Issaquah's provisions on temporary signs is much more flexible than both Tukwila's existing code and Bellevue's code. For example, Issaquah allows balloons on sites and allows decorative banners. Balloons and decorative banners would be prohibited under the City's existing sign code. Included with your packet is a handout from the City of Renton which provides information on Renton's temporary sign regulations. Analysis Tukwila is one of the prominent commercial centers in the State. The urban center area has one of the largest concentrations of retail square footage in the state. On the weekends, people from all over Western Washington visit the city to shop and dine. It is these visits to the City that many people use to draw conclusions about Tukwila. Often times businesses tend to install prohibited devices as way to create a "destination" and to attract attention to their sites. Many of these businesses install the signs, despite repeat visits from Code Enforcement and Planners. But should there be more flexibility in allowing temporary, special event signs? It's unclear what, if any impacts, these signs have on drawing customers to a site. Does someone really buy a new car because the new car lot was inundated with balloons and because a giant gorilla was on the roof? Allowing these types of signs requires carefully navigating the interest of a particular business while at the same time ensuring that the City's commercial and industrial areas look like first class commercial environments. Another thing to remember is that signs are part of the entire built environment. The built environment includes trees, parking lots, buildings and signs. Temporary signs are typically placed within parking lots an d within landscaped areas. . Options There are several options related to regulating how "special event" signage is regulated: A. No change from current sign code. Only new enterprises within the City would be permitted balloons and other carnival like devices. All businesses would still be allowed a banner to be displayed for up to 30 -days. B. Each business could be allowed a prescribed number of special events per year. The business could display a wide variety of objects as part of the special event. This would be a departure from the current sign code regulations. Balloons and other "carnival like" devices would be located within parking lots and within landscaped areas. B. Miles Page 2 10/10/2008 The City could limit the number of total sign devices per business and could limit the types of devices, for example search lights or large inflatable objects could be prohibited. Recommendation A. Staff recommends that option "A" be adopted within the new sign code. The new sign code will provide a wide variety of changes to the new sign code. Many of these changes will allow additional signs for Tukwila businesses. The goal of the sign code update has been to improve the visual image of the City, allowing special event signage would not be with keeping with this goal. Attachments A. Renton's Temporary Sign Regulations B. Miles Page 3 10/10/2008 E; \Sign Code Update\Meetings\Meeting b \Temporary Signs.doc • • y of Renton. SIGN OPTIONS Banner - wall strung: RENTON i.s 111 Il Ci RV IL You are here: tfll ille j : Pionjniunct Development : Planning and Zoning : Sign Permits and Regulatlong Temporary Sign Permits and Regulations Temporary Event and. Qtai d Oven! 9 Permit Application TEMPORARY and GRAND OPENING SIGN REGULATIONS All commercial, industrial, public and quasi - public uses and mixed -use developments (commercial combined with multi - family residential) will be allowed to display temporary event signage with a valid permit. Permit fees will vary depending upon the types of signs displayed. Fees for the temporary event signage can range from a minimum of $15 to a maximum of $180. Fees for the grand opening event slgnage will be $25. A temporary event sign is a display device, constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed for a limited period of time only. Temporary event signage includes but Is not limited to balloons, banner, flags, pennants /streamers, wind animated devices, inflatable statuary, rigid portable signs, portable reader- boards, and searchlights. Other types of display devices will require the approval of the Development Services Director. Signage for a grand opening event will be permitted for a thirty-day period and will only be issued to new business or existing business relocating to an entirely new location. Temporary event signage will be permitted for thirty days with a maximum of four temporary event sign permits Issued to a business per calendar year. A fifteen -day separation period will be required between the end of one event period and the start of another permit period. Temporary and Grand Opening Sign Permit Application and Descriptions can be downloaded or picked up at the City of Renton's Building Permit Center on the 6th floor of Renton City Hall, located at 1055 S. Grady Way. If you have questions regarding the regulations, please call (425) 430 -7200. BANNERS Any sign of lightweight fabric or similar material that is mounted to a pole and /or building by any means. National flags, state or municipal flags, holiday flags, or the offldal flag of any institution or business shall not be considered banners. A banner Is not defined by shape and may be square, rectangular, round, triangular /pennant shaped, etc Banner- hung from single pole: A banner attached to a building, where the banner Iles flat against the building surface at all times. (max /mum size 100 sq. feet) Attachment A Page ], of 3 A banner attached at its top and bottom to a pole or light standard by extensions from the pole. (maximum size 20 sq. feet) Banner - strung between wall and pole or between poles: A banner attached at its top and - bottom corners strung between buildings, poles, and /or light standards. (maximum size .100 sq. feet) Wind Animated Devices: Any device (e.g. windsocks, pinwheels, whirligigs, etc.) whose primary movements are caused by the wind or atmospheric conditions, attached by a tether. A balloon or Inflatable, with or without moveable parts, is not considered a wind - animated object. Balloon: A spherical, flexible, nonporous bag Inflated with air or gas lighter than air, such as helium, and intended to float In the air. Flag: A piece of cloth or plastic, supported by a vertical or horizontal staff which Is Intended to flutter in the wind. (National, State, County, Municipal, and Corporate flags exempt) . � �K .. Inflatable Statuary: An Inflated advertising device that is the ,..:, likeness of an animate or inanimate object or cartoon figure and Is used to attract attention, advertise, promote, market, or display goods and /or services. PENNANT /STREAMER: AN INDIVIDUAL OBJECT AND /OR SERIES OF SMALL OBJECTS MADE OF LIGHTWEIGHT PLASTIC, FABRIC, OR OTHER MATERIAL, WHICH MAY OR MAY NOT CONTAIN TEXT, WHICH IS SUSPENDED FROM AND /OR TWINED AROUND A ROPE, WIRE OR STRING. Streamers: hung on wail Pennants: Connected (strung together between wall and pole or between poles) . C , • • City of Renton Portable Reader Board: A sign which Is self - supporting but not permanently attached to the ground or building and can be moved from one location to another and Is typically internally illuminated. Portable reader- boards are also known as "trailer signs." Rigid Portable Sign: A sign which Is not permanently affixed and designed for or capable of movement. A rigid portable sign Is not considered to be a portable reader -board or "trailer sign." (maximum size 32 sq. feet and maximum height 6 feet), • Page 3of3 • • Issue Should provisions be made in the new sign code to allow the installation of "A" Boards within the City? Background The City's current sign code specifically prohibits the use "A" boards within the City's commercial and industrial zones. Agenda Item "C" "A" Boards aka Sandwhich Boards Sign Code Meeting #6 October 16, 2008 "A" Boards are a cheap and convenient sign option used by some businesses. They are typically placed on sidewalks or landscaping and are typically directed at people in cars. Some businesses due to limitations placed by landlords or the City are not able to be listed on a freestanding sign. These businesses choose to use "A" boards as a way to circumvent their inability to be listed on a freestanding sign. For comparisons the staff looked at the cities of Issaquah and Bellevue to research how they regulate "A" boards: The City of Issaquah allows "A" boards to advertise special events for which a special event permit has been issued by the City. An example of a special event given in their code is their annual Salmon Days event. The signs are allowed only to assist in traffic and crowd control for the event. "A" boards can also be used by outdoor vendors such as Christmas tree lots, fruit stands, and other limited activities. B. Miles Pave 1 10/09/2008 • • • The City of Bellevue prohibits most types of "A" board signs. However, the City of Bellevue specifically notes that "A" boards worn by a person are allowed. The City of Tukwila does not regulate signs that are worn by humans'. Analysis When regulating "A" boards it is important to remember that a business has other sign options available that they 'could utilize. For example a business could be listed on a freestanding or building mounted sign. Many businesses choose to utilize "A" boards when they cannot be listed on a freestanding sign either because of restrictions placed by the landlord, restrictions placed by the City, or financial limitations of the business. The use of "A" boards by businesses present two main issues: B. Miles 1) Safety: Often times "A" boards are located on City sidewalks. While the City is improving and installing wider sidewalks throughout the City, most City sidewalks are five to six feet in width. When an "A" board is located on a City sidewalk it requires pedestrians to navigate around the sign. These signs present safety hazards for people using the sidewalks and could create legal liability for the City. 2) Aesthetics: One "A" board on a property would most likely have minimal aesthetic impacts. As with all signs it is several signs that can create aesthetic issues. Tukwila has developments that contain numerous businesses, if each business was allowed one "A" board sign the entire . front yard of a property would be covered with "A" boards. It is interesting how Issaquah allows "A" boards for special events as a way to essentially assist in traffic and parking control. The City's current sign regulations do not provide flexibility to allow a business to install "A" boards for such a purpose. In our discussion about freestanding signs we noted that freestanding signs are used for way finding, advertising, and to provide economic value to a property. "A" boards, if used correctly, could assist in way finding for motorists and pedestrians. The City's existing code also does not allow the usage of "A" boards for outdoor vendors. Outdoor vendors do not have nor would it be practical for them to utilize permanent signage. Ontions There are several options related to how the City could regulate "A" boards. A. No change from the current sign code. 1 Regulating signs worn by people presents several legal issues and its staff position that "human" signs will not be regulated under the sign code. Paee 2 10/09/2008 The use of "A" boards within commercial and industrial zones would be strictly forbidden. B. Allow each business to have at least one "A" board. Each business would be permitted to have one "A" board displayed. Since many of the properties within the City contain numerous businesses, the front of properties would be cluttered with "A" boards. C. Allow "A" boards for limited events in order to assist in traffic, parking, and crowd control As noted the City's current sign code does not provide provisions for using "A" boards for special events. Using "A" boards for a limited time for special events could assist both a business and the City in controlling traffic, helping people fmd parking and crowd control. The signs could not be used for advertising and the City would have to approve of the installation. The use of the "A" boards should be limited to extremely large events and not "special" sales. Good examples of when "A" boards could be used would be when the Sounders play at Starfire or during the holiday shopping season at the mall. D. Allow "A" boards for temporary outdoor events such as firework stands, Christmas tree lots, and other similar uses. These types of uses would only be allowed to use banners under the existing sign code. However, banners may not be appropriate in all situations. Staff could create provisions that allow "A" boards for these seasonal outdoor businesses. Recommendation Staff recommends that option "C" and "D" be adopted into the new sign code. Staff will finalize the specific details before the proposed sign code is presented to the Planning Commission and City Council. • • Issue Should provisions be made in the new sign code to allow the installation of "murals" within the City? Background A mural is a large painting or photographic attached directly to a wall. Some cities allow murals as a way to add visual interest to blank walls. Murals throughout the region display a wide variety of images, however most tend to display historical images and events. The City of Tukwila has no restrictions on installing a mural within the City. If a property owner wanted to paint a mural that depicted a natural scene the City would not consider the image a sign. However, if the mural advertised goods or services available on the property, the mural would be considered a sign and would be subject to the size limitations for wall signs and would count towards the maximum number of signs permitted per the business. Other cities provide specific regulations for the placement of murals. For example: Agenda Item "D" Murals Sign Code Meeting #6 October 16, 2008 The City of Grandview notes: "Murals which are based upon accurate historical facts, and which have been approved by the city of Grandview's beautification commission for application upon any external or interior wall', are subject to this section. Murals located on the walls of a building within the city of Grandview must, prior to painting or affixing to such wall, be submitted and approved by the beautification commission ". The City of Port Townsend specifies the following regarding placement of murals: "Mural Signs. In addition to the allowable sign area prescribed in subsection A above, additional mural signs are allowed subject to prior approval of the Port Townsend historic preservation committee. Upon application, the historic preservation committee may authorize such mural signs upon a finding that the design and placement of the proposed sign contributes to the historic district. ` The City of Tukwila would not regulate the placement of a mural within a building. .. _ • 1 A /Aft PYAA0 • • • • The historic preservation committee may also authorize specific placement of such mural signs off-premises or in a manner which exceeds the applicable size or height limits prescribed herein". Included with your packet are handouts from the cities of New Westminster and Vancouver, British Columbia which detail those two cities requirements for the placement of murals. Also, included with the packet is an update to your visual dictionary that includes photos of two murals, one is in Olympia on a Lowe's and the other mural is at the Phil Smart Dealership in Seattle. Analysis Murals could be used in various parts of the City to improve the visual quality of the built environment. However, murals could also be used as a backdoor way to get additional signage for a business. The two murals included in your packet would be allowed in the City under the existing sign code. Since the murals are not advertising goods or services available on the site or off -site they would not be considered signs. Options There are several options related to how the City could regulate murals: A. No change from the current sign code. If the proposed murals were purely artistic and did not advertise goods or services available on site or offsite they would not be considered signs and thus would not be subject to the City's sign regulations. If the murals were used for advertising they would be subject to the limitations of the sign code. B. Allow all walls to display murals with no parameters. This option could make Tukwila a city known for its great murals or a city know for very large wall signs. Businesses would most likely use this method as a way to get additional signs, signs that would be very large. C. Allow murals under specific conditions and parameters. The placement of murals could be permitted under a design review process. The Director and/or Board of Architectural Review, depending on the type of application, could allow murals under the following parameters. Parameters could include: 1. Themes of the murals are not limited, however preference will be given to murals that celebrate Tukwila and/or South King County History, the natural setting, or images that display replicas of historical ads that are at least 50 years old. MilPe Pa ova 1 ninoi')nnQ 2. The use of text and logos on the mural shall be limited and shall be related to the artistic intent of the mural. 3. The mural shall be consistent with the building style. The mural shall not obscure window openings. 4. Murals shall use durable, graffiti resistant, and weather resistant materials. Recommendation Staff recommends that option "A" be adopted into the new sign code. Option "A" would be keeping with the current sign code and does not require that the City essentially judge art. Option "C" is appealing; however the option would require that the City review the content of murals and would also create a bureaucratic procedure for someone who wanted to install a mural that was purely artistic in nature. Attachments: A. Additional Pages for Visual Dictionary B. Vancouver, BC Mural Guidelines C. New Westminster, BC Mural Guidelines • • (7) City of Vancouver Land Use and Development Policies and Guidelines Community Services 4531.. 12th Ave Vancouver, BC V5Y 1V4 $ 604.873.7344 lax 873.7060 planning @city.vancouver.bc.ca MURAL GUIDELINES Adopted by City Council November 29, 1988 These guidelines are to be used in conjunction with the Zoning and Development By -law for development permit applications involving murals and in. conjunction with the Sign By -law for sign permit applications involving signs in conjunction with a mural. (1) The location, scale and content of a mural should be in keeping with and enhance the building, wall, fence or hoarding on which it is located, as well as the local environment; it should enhance community identity; and it should contribute to the visual delight of passers -by and the visual quality of the city. (2) A mural should not be permitted where any adjacent sign or development may detract from the appearance or effectiveness of the mural. (3) A sign in conjunction with a mural should not dominate or compete with the principal mural theme. (4) No two murals, with or without signs in conjunction with either of them, should be located closer than 1,000 feet of one another when facing the same traffic direction unless their themes are directly related. (5) All development permit applications for murals or sign permit applications for signs in conjunction with a mural should be referred by the Director of Planning to the Urban Design Panel, the Art in Public Places Sub - committee of Council, or any other relevant advisory group *, with a request for a submission before he makes a decision. A mural should be properly maintained and cleaned or repaired as necessary. The Director of Planning should consult with any applicant prior to refusal of an application for a mural in order to offer the applicant an opportunity to redesign the mural, if appropriate. * Note to Staff: On April 9, 1991, Council approved the establishment of an advisory Public Art Committee. When this Committee is operational, applications for murals should be referred to it. Please contact Bryan Newson in Social Planning for further information. 4- November 1898 Crrrl)uratirrn oftl►c City of New \Vcstmi Planning Department Mural Review Policy and Application Procedure Murals should meet the following criteria: 1. Professional Art: done by a qualified artist. The mural should be signed and dated. •Design Review stages: a) portfolio review by mural committee and/or Director of Planning; b) review and approval of mural design and location by mural committee and/or Director of Planning. Consultation with the local business association and neighbouring businesses is recommended. The mural committee can assist with this. • 3. Design Guidelines: a) Colour: consistent with the building. On historic buildings heritage colours are encouraged. On non - heritage buildings, classic colours are encouraged. b) Material: durable, graffiti resistant and weather resistant materials. Mural Policy and Guidelines c) Workmanship: any support/ attachments must be approved by a professional structural engineer (e.g. wind loads); work on site not done by the artist must be supervised and approved by the artist. d) Theme: themes are not limited to, but could include themes that celebrate New Westminster's history, natural setting, or that promote tourism. However, other themes would be encouraged as well. Consideration will be given to themes that are of a purely artistic expression. e) Design: the mural should be consistent with the building style (e.g. heritage style on heritage building) and not obscure window openings. Note: Murals may not be appropriate for some heritage buildings. 4. The identification ofthe sponsor(s) should be limited (i.e. no more than 10 %ofthe mural surface). Other related text may be included up to a total of25% ofthe mural area ifthis is consistentwith the artist's approved concept. If there is a community notice component that can be used to promote community events (e.g. May Day, Nyack Parade, Fraserfest), consideration may be given to increasing the area fortext ifthis is cnncictentwith the artict'e arum-mm/1 concept. Any increase in the area of text requires the approval ofthe DirectorofPlanning. 5. Community projects must be undertaken under the direction of a professional artist. Mural Application Procedure: 1. An application maybe made at any point in the design review process. 2. When the design review process is completed the application will receive "Preliminary Approval ". 3. The application fee is $50.00 4. When the mural installation has been completed the mural will receive an inspection by the Planning Department. If the finished mural is consistent with what was approved at the completion of the Design Review process the application will receive "Final Approval ". This signed, final approved application form is to be considered the mural permit. Guidelines for Mural Production Public art murals can do much to beautify the urban environment and encourage community pride. Proper preparation of the site and mural production will guarantee that these pieces of neighbourhood art will remain in good condition for years to come. Application Procedures & Guidelines for Mural Production Pagc 2 Site Selection Brick, plaster and concrete walls offer the best surfaces for the creation of murals, Wood and aluminium are not recommended for permanent murals, although marine grade plywood can be used if the edges are sealed properly. Murals can either be painted directly on the final surface, or on panels, which are fixed to the wall either before, or afterpainting. Ideally, the mural surface will be smooth, although many murals have irregular shapes and rough plaster. Either way, the artist must inspect the surface before agreeing to paint it. The major cause of damage to murals is water. Ensure that there is no water seepage from roof or ground level, and that there will not be snow piling against they wall. Also, check that the wall is sound, because if the mural is intended to last for a long time, the wall must do the same! Wall Preparation Concrete, Plaster and Brick Surfaces • Pressure wash the surface to remove any dirt and existing paint, and ensure the surface is completely dry before proceeding further Serape the wall to remove any additional loose material and ensure a smooth, solid surface • Spackle or another type of filler should be used to fill cracks and holes Paint and to level uneven surfaces. Lightly sand the entire surface to even out the filled areas and to ensure the primer will adhere. • Prime the wall with a latex primer to provide an even surface for the mural. Reminder: As with any paint job, the quality of the surface preparation will determine the quality of the finished product. Make sure to follow all preparation steps, and consult with a qualified paint professional to determine the best type of filler and primer products to be used. The paint possibilities are endless, and the best materials and methods should be determined by the nature of your project and in consultation with a qualified paintprofessional. Some of the options include: Latex is much easier to work with than alkyd (oil) paint as it is water- soluble and easy to apply. Latex is definitely suitable for any interior murals or on surfaces that are sheltered from the elements. Latex paint should follow a latex primer Alkyd (oil) paint, while initially harder to work with and requires the use of solvents, is more durable and resistant to fading and weathering caused by the elements. Oil paint should follow an oil pruner. For more information, please contact: Planning Department City of New Westminster 511 Royal Avenue New Westminster BC V3L 1H9 Telephone: Fax: E-mail: Web Site: Artist's acrylics can also be used, usually on top of a latex primer. It is strongly recommended that an anti - graffiti topcoat be rolled on top of the mural after it has been completed. Besides providing protection from potential vandalism, this topcoat contains an ultra - violet ray protector to prevent fading of colours due to sun exposure. Make sure the artists apply a test patch of the topcoat, as some paints will crack or yellow or become water - soluble upon application. Supplies 2" and 3" brushes can be used in large - scale projects, and artist brushes can be used for smaller details, especially portraiture. Surgical gloves and masks can be use with oil paints if the artists have allerg; to paint or solvent. Reminder: The selection of paint and paint supplies should be made in discussion with a qualified paint professional and based on the needs of each individual project. Maintenance Pollution and water seepage cause the greatest damage to murals, and annual washing ofthe surface with a gentle soap will help minimize this damage. Water damage usually requires the scraping and repainting of the affected areas, but remember that effective surface preparation and a protective topcoat should eliminate this hazard. The City disclaims any liability arising from reliance on information contained in this guide. (604) 527 -4532 (604) 527 -4511 pinpost @city.new - westminster.bc.ca www.city.new- westminster.bc.ca • • • Murals 10/10/2008 Visual Dictionary, Meeting #6, Agenda Item D Mural on the side of Lowe's on Martin Way in Olympia. • 10/10/2008 • Murals Visual Dictionary, Meeting #6, Agenda Item D • Mural located at the Phil Smart Dealership on Airport Way in south Seattle. • • • Issu : Background: From the City of Milbrae Sign Code: Agenda Item "E" Master Sign Program Sign Code Meeting 116 October 16, 2008 Should the new sign code include provisions to allow the City to review the signs for large and unique properties under a master sign program? Throughout the sign code update process the Committee has been briefed on how there are many sites within the City that present challenges in adopting a new sign code. A notable example is the Mall which is the largest mall in the Pacific Northwest and clearly has sign issues not faced by other properties. A master sign program could be used to address situations, like the mall, where a one fit sign code is not practicable. Planning staff could not fmd any cities within Washington State that used a master sign program. The City of Milbrae, California did have language within their sign code regarding a master sign program 10.10.160 Exceptions and variances. The planning commission may grant exceptions and variances to the regulations prescribed in this chapter relating to the height, area, location or number of signs under the following circumstances. A. Master Sign Program Exception. The planning commission may grant an exception in connection with the approval of a master sign program (see Article VII, Master Sign Program) if it finds that strict adherence to the requirements of this chapter would unduly impede or interfere with the ability of one or more businesses, facilities or enterprises to adequately identifr themselves to the public, or a segment of the public likely to patronize them. The planning commission shall also find that the signage is harmonious and compatible with the development of the property on which it Is proposed and with other development in the immediate vicinity. 10.10.330 Master sign program and requirements A. General. The threefold purpose of a master sign program is to identifil the (1) maximum permitted sign area allowed on a particular site; (2) on -site areas which are suitable for signs; and (3) permitted on -site signs. A master sign program is subject to review and approval by the planning commission. Once approved, individual businesses may apply for proper permits to erect new signs in compliance with the sign program. B. Applicability. A master sign program is initiated by a property owner and is required for all new developments with more,than one principal building, all new multiple tenant buildings, all new planned development projectsand existing multitenant buildings where significant facade improvements will require the removal of signage. A master sign program is recommended for existing sites with more than one principal building, for existing multitenant buildings and for individual buildings where the site would benefit from a coordinated signage plan. C Required Information. A master sign program shall contain at least the following information: 1. An accurate site plan; 2. Location of buildings, parking lots, driveways and landscaped areas; 3. Computation of the maximum permitted sign area; 4. An accurate indication on the site plan of the location of each proposed sign, including any signs which are to remain or be removed; and S. Scaled drawings of the proposed signs shown on elevations of the building(s) and any freestanding signs showing sign size, copy, graphic style, type of lighting and color scheme. D. Procedures. Any sign which conforms to an approved master sign program may be approved by the community development department. Approval of a master sign program does not waive the permit requirements for individual signs. E. Amendment. A master sign program may be amended by filing a new master sign program that conforms with all requirements of this section. F. Exceptions to Regulations. Exceptions to sign regulations for height, area, location or number may be permitted subject to review and approval of a master sign program. See MMC 10.10.160(A). G. Existing Signs Not Conforming to a Master Sign Program. If any new master or amended sign program is filed for property on which existing signs are located, it shall include a schedule for bringing into conformance all signs not coq forming to the proposed or amended program, or this chapter. H Binding Effect. After approval of a master sign program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this section. The master sign program shall be attached to the lease agreements for all leasable space within the project. In case of any conflict between the provisions of such a plan and any other provisions in this chapter, this section shall control. (Ord. 626, § 2; 1976 Code § 10- 2.701). A master sign program could be used to allow exceptions to certain sign requirements, such as the number of signs permitted, height, setbacks, size, and /or other development regulations. The master sign program could also be used as a way to encourage the developer to provide certain amenities on a site that are not necessarily related to signage. For example, the City is currently updating its Tukwila Urban Center plan and drafting a new Shoreline Management Plan; both plans call for establishing open space areas. The City could use the ability to obtain additional signs as an incentive for a property owner to provide additional public space beyond any prescriptive code requirements. Analysis A master sign program would provide the flexibility to deal with large sites where there are unique sign issues and development issues. There are some issues that the City should consider when deciding to implement such a program: A. Fairness. A master sign program may appear to other property owners as a grant of special privilege to a select, limited number of property owners. Property owners may see signs being installed on adjacent properties and ask why they are not allowed to have such signs. However, not all properties are the same and some properties require flexibility as part of the development review process. B. Signs as incentives. As noted, signs could be used as incentives to encourage other amenities on a site that helps the City achieve development patterns that would be consistent with other • • • Options adopted plans. The City's Tukwila International Blvd Design Guidelines use this same approach as a way to work with developers along TIB. For example landscaping and setback requirements can be waived for new developments along TIB, when the developer provides certain pedestrian amenities. C. Workload. Who would approve the master sign plan? At the last meeting we discussed having the Board of Architectural Review (BAR) possibility review and approve master sign programs. Members of the BAR are also members of the Planning Commission and the Planning Commission's workload will continue to increase in the next several years with the required update of the Comprehensive Plan scheduled for 2010. The BAR may not have time to add additional work to their schedule. D. Development Standards. What development standards should be waived under a master sign program? Could offsite signs be allowed? If the development standards waived through a master sign program are so extreme other property owners not eligible for a master sign program would complain. A. The City should allow a master sign program for the following types of development: 1. Sites those gross square footage exceeds 20 acres and contains a building or buildings with more than 250,000 square feet of area. 2. Uses that provide an essential public service (i.e. hospitals' emergency rooms, etc) where public safety may be jeopardized by strict compliance to the City's sign code. Under this option, very few properties would qualify for the master sign program. The master sign program would be optional and a property owner could install signs subject to the provisions of the sign code. Criteria would have to be established as to what exceptions can be granted under a master sign program. Overall the exceptions granted under the master sign program should be generally keeping with the overall goal of the new sign code. For example the master sign program should not be a method of obtaining pole signs or freeway interchange signs, both sign types the Committee has noted they do not wish to see under the new sign code. Given the multiple demands placed on the BAR/PC, the Director of Community Development would have the authority to review all applications for a master sign program as type II decision. B. The new sign code could not provide for a master sign program. All properties owners would be required to fully comply with the new sign code. Recommendation Staff recommends that option "A" be incorporated in the new sign code. 15 Description of Original Proposal: City of Tukwila W i`a Jim Haggerton, Mayor Department of Community Development Jack Pace, Director DETERMINATION OF NON - SIGNIFICANCE (DNS) ADDENDUM In August of 2010, the City Council adopted a new Title 19 of the Tukwila Municipal Code, commonly referred to as the "Sign Code." Prior the City Council's adoption, the SEPA Responsible Official issued a Determination of Non - Significance (DNS) on March 12, 2010. The new Title 19 replaced the City's previous sign code, which had been in place for almost 30- years. A wide range of signs were permitted under the new sign code. The SEPA Responsible Official reviewed a SEPA Checklist and staff report on the impacts of the new sign code before issuing the DNS. For the last two years, City staff has been administering the new sign code and through this administration, has realized that there were some oversights in the new sign code. To address the issues that have been identified over the last two years, the City Council is considering minor amendments to the 41) Sign Code. These minor amendments include: 1. Allowing small signs on fuel canopies; 2. Streamlining the Permit Process for certain freestanding signs; 3. Providing a fee discount for sign permits that are submitted electronically; 4. Expand the north billboard receiving area to include Airport Way; 5. Allowing Pole Banners in public recreation overlay zones; 6. Providing a sign area increase for LEED certified buildings; and 7. Minor edits to the adopted code to add clarification and to correct scribner's errors. The SEPA Responsible Official concluded that additional environmental review is not needed for the proposed amendments and that proposed, minor amendments are consistent with the original SEPA checklist that was reviewed by the City in March of 2010. Proponent: City of Tukwila Location of Proposal: Citywide Lead Agency: City Of Tukwila • File Number: E10 -008 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax 206- 431 -3665 • The City has determined that the addendum does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file' with the lead agency. This information is available to the public on request. The original DNS was issued on March 12, 2010. • • Jac Pace, SEPA Responsible Official for the City of Tukwila, Washington 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -3670 Staff Contact: Brandon J. Miles, Senior Planner (206) 431 -3684 Page 2 of 2 The following document is adopted by reference to this SEPA Addendum, Staff Report to the Tukwila City Council dated April 11, 2012. File Number: Applied: Issue Date: Status: Loon of Proposal: Address: Parcel Number: Section/Township /Range: on this proposal for 14 days from the date below. Jack Pac - sponsible fficial City of Tu a 6300 Sou center Blvd Tukwila, WA 98188 (206)431 -3670 • doc: DNS -4/07 City o. Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 - 431 -3665 Web site: http: / /www.ci.tukwila.wa.us DETERMINATION OF NON - SIGNIFICANCE (DNS) E10 -008 03/11/2010 03/16/2010 APPROVED Applicant: CITY OF TUKWILA DCD Lead Agency: Description of Proposal: In 2007, the City Council directed DCD to update the City's current sign code. The current sign code was adopted in 1982 and does not address many of the development patterns that are currently occurring within the City. The City Council formed a citizen committee, called the Sign Code Advisory Committee to study and provide policy recommendations to the Planning Commission and the City Council. In the fall of 2009, the Planning Commission reviewed the recommendations of the Sign Code Advisory Committee. Based upon the work of the Sign Code Advisory Committee and the work of the Planning Commission, DCD staff has crafted a draft code. The proposed code will replace the current code. Overall the draft code will provide more flexibility, allow additional types of signage, increase the number of signs permitted for various types of businesses, and use signs to provide incentives for desirable types of development. 6300 SOUTHCENTER BL TUKW 0003200005 CITY -WIDE E10 City of Tukwila The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197 -11- 340(2). Comments must be submitted by .. .) I . The lead agency will not act Dat Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be . commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) Printed: 03 -11 -2010 • • • March 15, 2010 Dear Mr. Miles: STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 - 10 Avelino SW • PO Box 42525 • Olympia. Washington 98504 -2525 • (360) 725 -4000 Brandon Miles Assistant Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed new sign code to replace existing sign code, expanding the allowable signs within the City and provide specific development standards for display of signs in both residential and non - residential areas of the City. These materials were received on March 11, 2010 and processed with the Material ID # 15502. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3064. Sincerely, ?f4 I f Anne Fritzel Growth Management Planner Growth Management Services • • • August 23, 2010 Brandon Miles Assistant Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Miles: Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services STATE OF WASHINGTON DEPARTMENT OF COMmF'RCE 128 - 10' Avenue SW • PO Box 42525 • Olympia. Washington 98504-2525 • (360) 725 -4000 Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Adoption of a new sign code to regulate the placement signs and other visual communication devices in the city. These materials were received on August 18, 2010 and processed with the Material ID # 16017. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, Linda We t > suv',0 l Fu epci -0iq 3-o Spxw, ,A 44410 09 e ,u„TicAId f s6d f' wVocyi',c4 s4(etiiuvippoy 0104 S6d /',citrVaI ,, , ,PSIT t hlt, 1 45t% Li eirce-ts or es_stracatlec tisliaLiecostrth on PriVer ettevahOt it DisTrxtte on GIF J1 ( CitA l • Slide 1 .-- 4-4 1- 3 • *41'1' • Introduction • Why are we here, Planning Commission has provided a draft code for review and consideration by the City Council. Our goal tonight is for Council to receive an introductory briefing on the draft sign, hear from members of the public and then discuss a Council Process for reviewing the sign code. Slide 2 and 3 • So why do we have sign regulations? • Regulating signs are done as part of the City's Police powers to regulate the built environment for safety and aesthetics. • Sign regulations are really about creating a level playing field between businesses and properties. Without sign regulations, businesses and properties could try to "one up each other as is shown on the left. As Jack likes to say, sign code regulations is like arms control. • [Slide 3] Sign regulations come down to three compelling interest of the City: 1. Safety (Preventing damage) 2. Aesthetics (What do we want signs to look like, what types of signs do we not want in our community) 3. Community Image (How do signs fit in with the rest of the urban environment, buildings, landscape, etc) G , L It, 1 I v k 4?: ( Slide 4 1 -r- I S e �.� `1415 +2 4 1."k CI • Some things to think about as we move ahead. Slide 5 and 6 W LAP • Why the update? • The original code was written in 1982 and City has changed, TIB and MIC was not annexed into the City; we are moving to more mixed use within the Urban Center and the NCC zones; and our Urban Center is transforming from an area of Iv y light industrial warehousing to a commercial /retail environment while also j' " maintaining light industrial uses. \ 0 V- Akv Pt'* Q' t 5 -( Slide 7, 8, 9 (How the process worked) • Mayor's Office and City Council chose to use a Citizen Advisory Committee • The SC focused on big items, "what do we want Tukwila to look like "? SC did not get involved in the details. • The Committee had the following recommendations: • 1. Signs should contribute to the built environment; • • • Public involvement has been part of the process since the beginning The SC meetings were open to the public, interested groups were invited to participate, staff met with interested parties, and a listserve was used to provide updates, including announcing this public hearing on June 11, 2010. Slide 10 and 11 — C9" 0'0 • So what does the new sign code do and how does it compare to the existing sign code? • Strives to be content neutral. • Moves to monument only for freestanding signs. • There is no limited on the amount of signage per businesses, provided certain development standards are met. Our cover this a bit later. Slides 12 -20 • Flush mounted signs are the only building mounted signs permitted under the current sign code. • Here are the signs permitted under the proposed sign code. Slides 21 -22 2. Additional freestanding signs should be permitted for large properties; 3. Reward certain types of development with additional signs; and 4. Flexibility -the types of building mounted signs has significantly been expanded. • Our current sign code limits the number of signs to two wall signs or one freestanding sign or one wall sign. A public entrance will always qualify a tenant space for a sign, the more public entrance a business puts in, the more building mounted signs allowed. Additionally providing transparency and detailing will qualify for additional signage. Essentially, make the building look nice get additional signs, don't provide the extra effort in the design of the building, sorry the number of signs you get is limited. • The photos above (slide 21) is a tell of two buildings. Mon Wig's building gets additional signage under the new code; Parkway Supercenter will not, but they won't have to remove any signs. • Incentives are provided for parking garages, build a parking garage, get a very generous allotment of signage, for anything, advertising, etc. Slides 25, 26, and 27 • The draft sign code is moving away from allowing tall poles signs and is instead • allowing only monument and grand monument signs BUT • • • The number of freestanding signs has been expanded for many properties, one sign for every 400 feet of linear frontage. Slides 27 -30 — c,� , f ;7/1 f (901-- • Large properties such as the Mall, Wig Properties, Parkway Supercenter (Best Buy) would qualify for a master sign program. The reason for the master sign program is that these site, given there size both in land area and building sq ft, present issues with creating a one size fit sign code. The master sign program will allow some modifications to the sign code through an established process. • These properties would qualify for grant monument signs. Slide 31 • Similar in scope to the current sign code. Slide 32 • Dynamic displays, allowed in residential zones for institutional uses not allowed outside of residential zones for now. Slide 33 • Unchanged from current sign code, provisions made to expand special event signage, not tied to grand opening. Slides 35 -37 --� OW\ 7 � A WH /9``11 • Billboards will only be allowed in receiving area BUT -allow billboards in less concerned areas, while banning them from other areas. • Existing billboards must be removed to allow new billboards, ratio established. • Review billboard receiving areas. c ( .,1,1 ' ) 9v\ (05v-,,( Slide 38 • Freeway Interchange Signs are not permitted. Slide 40 • New code will provide for removal of "abandoned" signs Slide 39 • Signs that don't comply with the existing sign code and those that do comply with the existing sign code. • Grace periods • Non - Confirming Regs, incentive program • Slide 41 -42 • Conduct public hearing. 2D Selected Items Provided to the City Council outside of a Public Hearing Brandon Miles - Sign code Recommendations from the NW Sign council James Carpentier From: To: Date: 08/09/2010 4:24 PM Subject: Sign code Recommendations from the NW Sign council CC: Patti King at NWSC Attachments: Patti King at NWSC Hello Christy, I hope that all is going well for you. Thanks for your assistance. James B Carpentier AICP Carpentier Consulting LLC Sign Legislation & Entitlement Government Relations 480 - 773 -3756 ibcconsultant@gmail.com www. carpentierconsulting. com Page 1 of 1 I have attached a cover letter and Northwest Sign Council recommendations for the Council meeting tonight. We just received the notice and code information from Brandon on Friday, so we are getting this to you as quick as we could. It would be greatly appreciated if you could distribute this to Council. Let me know if you have any questions. August 9, 2010 Sent via email to: Honorable Mayor Jim Haggerton and the Tukwila Council Members 10000 N. 31st Avenue, Suite 0400 • Phoenix, AZ 85051 Ph: 888-856-6972 • Fax: 602.789.9126 • info @nwsigncouncil.org Re: Northwest Sign Council Sign Code Recommendations On behalf of the Northwest Sign Council (NWSC) I would like to thank you for the opportunity to provide comments on the proposed sign code for Tukwila. The Northwest Sign Council (NWSC) is the trade association representing the on- premise sign industry in the Pacific Northwest and, therefore, an important stakeholder with respect to sign regulation. We routinely work with and assist local officials with issues concerning sign regulations and procedures, bringing expertise relating to technology, regulatory options and procedures to the table. We especially appreciate the consideration given by including the following NWSC recommendations in the draft sign code: dynamic sign lighting standards, down lighting requirement to minimize dark sky impacts, and the time a sign becomes non - conforming. The NWSC is requesting your careful consideration of the attached recommendation: • An increase in the minimum sign height to 8' and the maximum sign height to 12' We strongly believe that these recommendations will provide for safe and effective monument signs for the motoring public, end users and business community. We also believe that these recommendations will assist in the support and sustainability of the Tukwila business community. A strong and thriving business community supports all interests, the city, community and businesses. Thank you for your careful consideration of these recommendations. Sincerely, J• ► es B. Carpentier, AICP L gislative Consultant NWSC 10000 N. 31st Avenue, Suite 0400 • Phoenix, AZ 85051 Ph: 888 856-6972 • Fax: 602-789-9126 • info @nwsigncouncd.org August 9, 2010 Sent via email to: Honorable Mayor Jim Haggerton and the Tukwila Council Members Re: Northwest Sign Council Sign Code Recommendations On behalf of the Northwest Sign Council (NWSC) I would like to thank you for the opportunity to provide comments on the proposed sign code for Tukwila. We especially appreciate the consideration given by including the following NWSC recommendations in the draft sign code: dynamic sign lighting standards, down lighting requirement to minimize dark sky impacts, and the time a sign becomes non - conforming. The Northwest Sign Council (NWSC) is the trade association representing the on- premise sign industry in the Pacific Northwest and, therefore, an important stakeholder with respect to sign regulation. We routinely work with and assist local officials with issues concerning sign regulations and procedures, bringing expertise relating to technology, regulatory options and procedures to the table. Northwest Sign Council Recommendations Additions are underscored Northwest Sign Council comments are in bold italics 19.20.040 Permanent Freestanding Signage in Commercial /Industrial Zones Monument signs are permitted within all commercial and industrial zones subject to the following standards: A. Design Standards: Each premise is permitted to have one freestanding monument style sign. Additional monument signs are permitted if the premise contains over to 800 feet of linear frontage on city or quasi - public streets perTable 1. Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs < 400 feet 36 sf per side /72 sf total 54 sf per side /108 sf total 6 8 feet 1 400 -599 feet 50 sf per side /100 sf total 70 sf per side /140 sf total 7 8 feet 1 600 -799 feet 60 sf per side /120 sf total 80 sf per side /160 sf total 7 8 feet 1 I 800 -999 feet 66 sf per side /132 sf total 88 sf per side /176 sf total 8 10 feet 2 I 1000 feet and over 72 sf per side /144 sf total 96 sf per side /192 sf total 8 12 feet One for every 1 400 feet of linear street frontage. Table 1— Design Standards for Permanent Monument Signs in Commercial and Industrial Zones The NWSC strongly believes that the minimum effective height for monument signs is 8'and that additional height should be allowed for larger parcels. In order for business to thrive, effective and viewable signage is required. We believe that effective and viewable signage is needed for the safety of the motoring public and economic sustainability of the Tukwila business community. Thank you for your careful consideration of these important recommendations for the Tukwila business community. Please do not hesitate to contact me with any questions concerning these recommendations. Sincerely, Ja ` s Carpentier, AIC Le slative Consultant Northwest Sign Council s r. - • 9.. • • : • Existing sign face = approx 255 sf per face Grand Monument Sign: - Option 1 = 500 sf per face , DRAFT Grand Monument Sign design and locations (2) for conceptual illustration purposes only •■••11111111.11 Py •r A crl 7 7. "7-1 f1 c L: LL',. • Westfield, LLC SITE PLAN 1 ION ■••••••■•.1111111MOI1 400•4051.0.101110 47.1.• I r V A • : 141 LiJLLJJQ .— r1[' r 111,11■Ve• GlaMMIM dame ••■ 1.1.0M1...IM Mows. ■•■•10.01/M1,•0 •••,.••■ wan.. anr WNW owl ..1•••=1.111•0 .0011. le* Mal Mil.•••••■••lat INRI6 mat t:) MB Si. litstfieki Southcenter VICINITY MAP Cla SOUSWISSIOINALL 07155 VISSUMOTOMI kSITE FA S ‘30 Si SOUTH:EWER M a 7010 • • • • Discuss Council's review process. Sign Code Presentation August 16, 2010 1. Continuation of deliberations on new sign code. Tonight is a Regular meeting and the council can take action tonight if they desire. 2. Recap of the last meeting. a. Strikeout/underlined provided to the Council. b. Testimony provided by Westfield c. Council accepted all the changes outlined in the new code. d. Asked staff to provide input on modifications to the freeway interchange signage for large premises, specifically those greater than 85 acres in area. 3. Two options have been provided to the Council for their consideration. a. The first is the option outlined by the mall in their June 28, 2010 letter to Council. b. The second option was drafted by staff to address some concerns with staff and tries to keep with the recommendations of the SC Committee and the PC. i. The option allows two signs up to the tallest portion of the structure. One sign may extend taller than the building provided the 2 sign is dropped down in height for every one foot in height increase. ii. The area of the grand monument signs has been increased to a cumulative amount, 1250 square feet for all signs, with no sign face having an area more than 625 square feet. An applicant could choose to install one sign, of up to 1250 square feet in area or install two signs with a combination of sign areas that does not exceed 1250. The mall is one of the properties that will qualify for the two monument signs. Staff concerns with allowing two larger grand monument signs at the mall were: i. The topography does make visibility of sign difficult along I -5 and SR 518. However, these visibility issues are not presented along I -405. Motorists along 1 -5 and SR 518 are further from any possible sign, while motorists along 1 -405 would be right on any sign installed along 1 -405. ii. Tukwila Hill overlooks the 405 side of the mall. Allowing a taller sign along 1 -405 could impact residences. However, residences do not look down upon the possible location of a sign for I -5. iii. The increase sign area will allow a sign that is similar to the one proposed by the mall during the PC review. Council will need to adopt a motion included on of the two attachments into the draft sign code. The Council could also look at other options and make motions to the effect. Possible alternatives o Allow one sign up to 115 feet and retain one sign at no taller than the buildings o Keep the height ratio and lose the area limit. o Allow two 115 tall signs but keep the restriction on the area limits. o No change from draft code. 6 Fag it/ne 44 -I cut? Ati rirl cr ( -}D 51_J D " Ct.Dr----'1r-N.5--- Washington State Revised Code and Administrative Rules for: Hig:Fwa Adverti Control M 22 -95 Legislative Statues Scenic Vistas Act (RCW 47.42) March 2006 Rules and Regulations Highway Advertising Control Act (WAC 468 -66) In ... v7A Washington State Department of Transportation Americans with Disabilities Act (ADA) Information Materials can be provided in alternative formats: large print, Braille, cassette tape, or on computer disk for people with disabilities by calling the Office of Equal Opportunity (OEO) at 360 - 705 -7097. Persons who are deaf or hard of hearing may contact OEO through the Washington Relay Service at 7 -1 -1. Title VI Notice to Public It is the Washington State Department of Transportation's (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT's Office of Equal Opportunity (OEO). For Title VI complaint forms and advice, please contact OED's Title VI Coordinator at 360 - 705 -7098 or 509- 324 -6018. To get the latest information on WSDOT administrative and engineering manuals, sign up for e -mail updates for individual manuals at: www.wsdot.wa.gov /publications /manuals Washington State Department of Transportation Administrative and Engineering Publications PO Box 47304 Olympia, WA 98504 -7304 Phone: 360- 705 -7430 E -mail: engrpubs @wsdot.wa.gov Internet: www.wsdot.wa.gov /publications /manuals History of Outdoor Advertising Control in Washington State Washington State Department of Transportation's Outdoor Advertising Control Program is charged with monitoring and controlling the size, lighting, and spacing of advertising signs along the state highway system. This program was created in response to federal initiatives intended to improve and preserve the scenic qualities of the nation's Interstate highway system. Congress first attempted to control outdoor advertising by enacting the Federal -Aid Highway Act of 1958. This act featured a voluntary compliance program; states that agreed to control highway advertising according to national standards received bonus funding for interstate highway construction. Washington was one of 23 states that participated in the bonus program. In March 1961, the Washington State Legislature passed laws that equaled or surpassed the national standards for controlling highway advertising on our state's Interstate highways and in Scenic areas. Pursuant to this new legislation, the Washington State Highway Commission adopted administrative rules controlling outdoor advertising signs. In June 1961, the Washington State Highway Commission entered into an advertising control agreement with the Federal Highway Administration that is still in effect today. Washington State has earned over 3.5 million dollars in incentive payments through the bonus program. Since all states did not join in the bonus program, Congress passed the Federal Highway Beautification Act in 1965. This act required all states to participate, and allowed the federal government to cut a state's federal highway funding by 10 percent for failing to control outdoor advertising. The act required states to maintain effective control of all outdoor advertising along the Interstate system and expanded required control to Federal Aid Primary highways. In May 1971, the Washington State Legislature passed laws that conformed to the Highway Beatification Act. This legislation is known as the Scenic Vistas Act. The Washington State Highway Commission then adopted rules controlling outdoor advertising signs in accordance with the Scenic Vistas Act. In September of 1971, the Washington State Highway Commission entered into an advertising control agreement with the Federal Highway Administration that is still in effect today. In 1991, Congress passed the Intermodal Surface Transportation Act ( ISTEA), reaffirming that states must control outdoor advertising or lose 10 percent of their federal transportation funds. ISTEA also required the states to extend advertising control to highways designated as Scenic Byways. Washington State was ahead of the curve on this front; the Scenic Vistas act had effectively controlled advertising signs on Scenic and Recreational highways since 1971. The basic rules, prohibitions, and permitting criteria contained in the Scenic Vistas Act have remained substantially unchanged since 1971. These rules apply to signs located on private property that are visible to regulated state highway routes. This manual contains RCW Chapter 47.42, WAC Chapter 468 -66, maps that identify regulated routes and appendices that aid in interpretation of the statutes and rules. Chapter 47.42 RCW Highway Advertising Control Act — Scenic Vistas Act RCW Sections 47.42.010 Declaration of purpose. 47.42.020 Definitions. 47.42.025 Exclusions from scenic system. 47.42.030 Signs visible from interstate, primary, or scenic systems restricted. 47.42.040 Permissible signs classified. 47.42.045 Number of signs -- Spacing -- Tourist facility, business or agricultural signs. 47.42.048 State and local prohibitions. 47.42.050 Information signs by governmental units. 47.42.055 Roadside area information panels or displays. 47.42.060 Rules for signs visible from interstate and scenic systems -- Judicial review. 47.42.062 Signs visible from primary system in commercial and industrial areas -- Requirements, restrictions, and prohibitions. 47.42.063 Signs visible from primary system in commercial and industrial areas -- Preexisting signs -- Permissible signs -- Spacing. 47.42.065 Signs viewable from other highways or streets -- Requirements. 47.42.070 State and local prohibitions. 47.42.080 Public nuisance -- Abatement -- Penalty. 47.42.090 Revocation of permit. 47.42.100 Preexisting signs -- Moratorium. 47.42.102 Compensation for removal of signs -- Authorized -- Applicability. 47.42.103 Compensation for removal -- Action determining amount -- Payment -- State's share. 47.42.104 Compensation for removal -- Federal share -- Acceptance. 47.42.105 Unavailability of federal share. 47.42.107 Compensation for removal under local authority. 47.42.110 Agreements for federal aid. 47.42.120 Permits -- Fees -- Renewal -- Permissible acts -- Revocation. 47.42.130 Permit identification number. 47.42.140 Scenic areas designated. 47.42.900 Severability -- 1961 c 96. 47.42.901 Severability -- 1963 ex.s. c 3. 47.42.902 Severability -- 1971 ex.s. c 62. 47.42.910 Short title -- 1961 c 96. 47.42.911 Short title -- 1971 ex.s. c 62. 47.42.920 Federal requirements -- Conflict and accord. Highway Advertising Control M22 -95 RCW Page 1 -1 March 2006 RCW Chapter 47.42 47.42.010 Declaration of purpose. The control of signs in areas adjacent to state highways of this state is hereby declared to be necessary to promote the public health, safety, welfare, convenience and enjoyment of public travel, to protect the public investment in the interstate system and other state highways, and to attract visitors to this state by conserving the natural beauty of areas adjacent to the interstate system, and of scenic areas adjacent to state highways upon which they travel in great numbers, and to insure that information in the specific interest of the traveling public is presented safely and effectively. [ 1961 c 96 § 1.] 47.42.020 Definitions. The definitions set forth in this section apply throughout this chapter. (1) "Department" means the Washington state department of transportation. (2) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. (3) "Interstate system" means any state highway which is or does become part of the national system of interstate and defense highways as described in section 103(d) of title 23, United States Code. (4) "Maintain" means to allow to exist. (5) "Person" means this state or any public or private corporation, firm, partnership, association, as well as any individual or individuals. (6) "Primary system" means any state highway which is or does become part of the federal -aid primary system as described in section 103(b) of title 23, United States Code. (7) "Scenic system" means (a) any state highway within any public park, federal forest area, public beach, public recreation area, or national monument, (b) any state highway or portion thereof outside the boundaries of any incorporated city or town designated by the legislature as a part of the scenic system, or (c) any state highway or portion thereof outside the boundaries of any incorporated city or town designated by the legislature as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025 or located within areas zoned by the governing county for predominantly commercial and industrial uses, and having development visible to the highway, as determined by the department. (8) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main - traveled way of the interstate system or other state highway. "Sign" does not include a display authorized under RCW 47.36.030(3) promoting a local agency sponsored event that does not include advertising. "Commercial and industrial areas" means any area zoned commercial or industrial by a county or municipal code, or if unzoned or zoned for general uses by a county or municipal code, that area occupied by three or more separate and distinct commercial or industrial activities, or any combination thereof, within a space of five hundred feet and the area within five hundred feet of such activities on both sides of the highway. The area shall be measured from the outer edges of the regularly used buildings, parking lots, or storage or processing areas of the commercial or industrial activity and not from the property lines of (9) RCW Page 1 -2 Highway Advertising Control M 22 -95 March 2006 If any commercial or industrial activity that has been used in defining or delineating an unzoned area ceases to operate for a period of six continuous months, any signs located within the former unzoned area become nonconforming and shall not be maintained by any person. (10) "Roadside area information panel or display" means a panel or display located so as not to be readable from the main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with information in the specific interest of the traveling public. (11) "Temporary agricultural directional sign" means a sign on private property adjacent to state highway right of way to provide directional information to places of business offering for sale seasonal agricultural products on the property where the sale is taking place. [2005 c 398 § 2; 1993 c 430 § 10; 1991 c 94 § 1; 1990 c 258 § 1; 1987 c 469 § 2; 1985 c 376 § 2; 1984 c 7 § 222; 1977 ex.s. c 258 § 1; 1974 ex.s. c 80 § 1; 1971 ex.s. c 62 § 1; 1961 c 96 § 2.] Notes: the parcels upon which the activities are located. Measurements shall be along or parallel to the edge of the main traveled way of the highway. The following shall not be considered commercial or industrial activities: RCW Chapter 47.42 (a) Agricultural, forestry, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands; (b) Transient or temporary activities; (c) Railroad tracks and minor sidings; (d) Signs; (e) Activities more than six hundred and sixty feet from the nearest edge of the right of way; Activities conducted in a building principally used as a residence. (t) Legislative findings and intent -- 1990 c 258: See note following RCW 47.40.100. Legislative intent -- 1985 c 376: "lt is the intent of the legislature that state highway information and directional signs provide appropriate guidance to all motorists traveling throughout the state. Such guidance should include the identity, location, and types of recreational, cultural, educational, entertainment, or unique or unusual commercial activities whose principle source of visitation is derived from motorists not residing in the immediate locale of the activity. Such informational and directional signs shall comply with Title 23, United States Code and the rules adopted by the department under RCW 47.42.060." [ 1985 c 376 § 1.] Severability - -1984 c 7: See note following RCW 47.01.141. 47.42.025 Exclusions from scenic system. The following sections of the scenic and recreational highway system are excluded from the scenic system as defined in subsection (7) of RCW 47.42.020: Beginning on state route number 101 at the junction with Airport Road north of Shelton, thence north to a point two thousand feet north of Airport Road. (2) Beginning on state route number 101 at the junction with Mill Creek Road south of Forks, thence north two and four - tenths miles to the Calawah River bridge. (1) Highway Advertising Control M 22 -95 RCW Page 1 -3 March 2006 RCW Chapter 47.42 Beginning on state route number 105 at a point one -half mile southwest of the boundary of Aberdeen, thence northeast to the boundary of Aberdeen. (4) Beginning on state route number 17 at a point nine- tenths of a mile west of Grape Drive in the vicinity of Moses Lake, thence easterly to a junction of Grape Drive. Beginning on state route number 12 at a point one -half mile south of the south boundary of Dayton, thence northerly to the south boundary of Dayton. (6) Beginning on state route number 14 one -half mile west of the west boundary of Bingen, thence east to a point one -half mile east of the east boundary of Bingen. [1971 ex.s. c 62 § 2.] (3) (5) 47.42.030 Signs visible from interstate, primary, or scenic systems restricted. Except as permitted under this chapter, no person shall erect or maintain a sign which is visible from the main traveled way of the interstate system, the primary system, or the scenic system. In case a highway or a section of highway is both a part of the primary system and the scenic system, only those signs permitted along the scenic system shall be erected or maintained. [1971 ex.s. c 62 § 3; 1961 c 96 § 3.] 47.42.040 Permissible signs classified. It is declared to be the policy of the state that no signs which are visible from the main traveled way of the interstate system, primary system, or scenic system shall be erected or maintained except the following types: (1) Directional or other official signs or notices that are required or authorized by law including signs with the Crime Stoppers name, logo, and telephone number; (2) Signs advertising the sale or lease of the property upon which they are located; (3) Signs advertising activities conducted on the property on which they are located; (4) Signs, not inconsistent with the policy of this chapter and the national policy set forth in section 131 of title 23, United States Code as codified and enacted by Public Law 85 -767 and amended only by section 106, Public Law 86 -342, and the national standards promulgated thereunder by the secretary of commerce or the secretary of transportation, advertising activities being conducted at a location within twelve miles of the point at which such signs are located: PROVIDED, That no sign lawfully erected pursuant to this subsection adjacent to the interstate system and outside commercial and industrial areas shall be maintained by any person after three years from May 10, 1971; Signs, not inconsistent with the policy of this chapter and the national policy set forth in section 131 of title 23, United States Code as codified and enacted by Public Law 85 -767 and amended only by section 106, Public Law 86 -342, and the regulations promulgated thereunder by the secretary of commerce or the secretary of transportation, designed to give information in the specific interest of the traveling public: PROVIDED, That no sign lawfully erected pursuant to this subsection adjacent to the interstate system and outside commercial and industrial areas shall be maintained by any person after three years from May 10, 1971; (6) Signs lawfully in existence on October 22, 1965, determined by the commission, subject to the approval of the United States secretary of transportation, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance the preservation of which would be consistent with the purposes of chapter 47.42 RCW; (5) RCW Page 1-4 Highway Advertising Control M 22 -95 March 2006 Notes: Legislative findings and intent -- 1990 c 258: See note following RCW 47.40.100. Legislative intent -- 1985 c 376: See note following RCW 47.42.020. (7) Public service signs, located on school bus stop shelters, which: (a) Identify the donor, sponsor, or contributor of said shelters; (b) Contain safety slogans or messages which occupy not less than sixty percent of the area of the sign; (c) Contain no other message; (d) Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and (e) Do not exceed thirty-two square feet in area. Not more than one sign on each shelter may face in any one direction. Subsection (7) of this section notwithstanding, the department of transportation shall adopt regulations relating to the appearance of school bus shelters, the placement, size, and public service content of public service signs located thereon, and the prominence of the identification of the donors, sponsors, or contributors of the shelters; (8) Temporary agricultural directional signs, with the following restrictions: (a) Signs shall be posted only during the period of time the seasonal agricultural product is being sold; (b) Signs shall not be placed adjacent to the interstate highway system unless the sign qualifies as an on- premise sign; (c) Signs shall not be placed within an incorporated city or town; (d) Premises on which the seasonal agricultural products are sold must be within fifteen miles of the state highway, and necessary supplemental signing on local roads must be provided before the installation of the signs on the state highway; (e) Signs must be located so as not to restrict sight distances on approaches to intersections; (0 The department shall establish a permit system and fee schedule and rules for the manufacturing, installation, and maintenance of these signs in accordance with the policy of this chapter; Signs in violation of these provisions shall be removed in accordance with the procedures in RCW 47.42.080; Only signs of types 1, 2, 3, 7, and 8 may be erected or maintained within view of the scenic system. Signs of types 7 and 8 may also be erected or maintained within view of the federal aid primary system. [2001 c 107 § 1; 1991 c 94 § 2; 1990 c 258 § 2; 1985 c 376 § 3; 1979 c 69 § 1; 1975 1st ex.s. c 271 § 1; 1971 ex.s. c 62 § 4; 1961 c96 §4.] (g) RCW Chapter 47.42 Highway Advertising Control M 22 -95 RCW Page 1 -5 March 2006 RCW Chapter 47.42 47.42.045 Number of signs — Spacing — Tourist facility, business or agricultural signs. ( I) Not more than one type 3 sign visible to traffic proceeding in any one direction on an interstate system, primary system outside an incorporated city or town or commercial or industrial area, or scenic system highway may be permitted more than fifty feet from the advertised activity; (2) A type 3 sign, other than one along any portion of the primary system within an incorporated city or town or within any commercial or industrial area, permitted more than fifty feet from the advertised activity pursuant to subsection (1) of this section shall not be erected or maintained a greater distance from the advertised activity than one of the following options selected by the owner of the business being advertised: (a) One hundred fifty feet measured along the edge of the protected highway from the main entrance to the activity advertised (when applicable); (b) One hundred fifty feet from the main building of the advertised activity; or (c) Fifty feet from a regularly used parking lot maintained by and contiguous to the advertised activity. In addition to signs permitted by subsections (1) and (2) of this section, the commission may adopt regulations permitting one type 3 sign visible to traffic proceeding in any one direction on an interstate, primary or scenic system highway on premises which, on June 25, 1976, are used wholly or in part as an operating business, farm, ranch or orchard which sign bears only the name of the business, farm, ranch or orchard and a directional arrow or short directional message. Regulations adopted under this subsection shall prohibit the erection or maintenance of such type 3 signs on narrow strips of land a substantial distance from but connected with a business, farm, ranch or orchard. Signs permitted under this subsection shall not exceed fifty square feet in area. (4) The commission with advice from the parks and recreation commission shall adopt specifications for a uniform system of official tourist facility directional signs to be used on the scenic system highways. Official directional signs shall be posted by the commission to inform motorists of types of tourist and recreational facilities available off the scenic system which are accessible by way of public or private roads intersecting scenic system highways. [1975 -'76 2nd ex.s. c 55 § 2; 1974 ex.s. c 154 § 1; 1974 ex.s. c 138 § 1; 1971 ex.s. c 62 § 5.] (3) 47.42.048 State and local prohibitions. Nothing in this chapter shall be construed to permit a person to erect or maintain a sign that is otherwise prohibited by statute or by the resolution or ordinance of any county, city or town of the state of Washington. [1974 ex.s. c 80 § 3.] 47.42.050 Information signs by governmental units. Information signs may be erected and maintained by the state, any county, city, or town. [1961 c 96 § 5.] RCW Page 1 -6 Highway Advertising Control M 22 -95 March 2006 RCW Chapter 47.42 47.42.055 Roadside area information panels or displays. The department is authorized to erect roadside area information panels or displays adjacent to the state highway system within this state. The department may contract with private persons for the erection and operation of the information panels or displays. Compensation to the contractors shall be derived solely from the reasonable fees that the contractors will be permitted to charge participating businesses for making and exhibiting business signs and displays and for rendering services to tourists. [ 1985 c 376 § 5; 1984 c 7 § 225; 1977 ex.s. c 258 § 2.] Notes: Legislative intent --1985 c 376: See note following RCW 47.42.020. Severability -- 1984 c 7: See note following RCW 47.01.141. 47.42.060 Rules for signs visible from interstate and scenic systems — Judicial review. The department shall adopt rules for the erection and maintenance of signs that are visible from the main traveled way of the interstate system and the scenic system and that are permitted by this chapter and other rules for the administration of this chapter consistent with the policy of this chapter and the national policy set forth in section 131, title 23, United States Code as codified and enacted by Public Law 85 -767 and amended only by section 106, Public Law 86 -342 and the regulations promulgated thereunder by the secretary of commerce or the secretary of transportation. Proceedings for review of any action taken by the department pursuant to this chapter shall be instituted by filing a petition only in the superior court of Thurston county. [1984c7 §226; 1971 ex.s.c62 §6; 1961 c96 §6.] Notes: Severability - -1984 c 7: See note following RCW 47.01.141. 47.42.062 Signs visible from primary system in commercial and industrial areas — Requirements, restrictions, and prohibitions. Signs within six hundred and sixty feet of the nearest edge of the right of way which are visible from the main traveled way of the primary system within commercial and industrial areas and whose size, lighting, and spacing are consistent with the customary use of property for the effective display of outdoor advertising as set forth in this section may be erected and maintained: PROVIDED, That this section shall not serve to restrict type 3 signs located along any portion of the primary system within an incorporated city or town or within any commercial or industrial area. General: Signs shall not be erected or maintained which (a) imitate or resemble any official traffic sign, signal, or device; (b) are erected or maintained upon trees or painted or drawn upon rocks or other natural features and which are structurally unsafe or in disrepair; or (c) have any visible moving parts. (2) Size of signs: (a) The maximum area for any one sign shall be six hundred seventy-two square feet with a maximum height of twenty-five feet and maximum length of fifty feet inclusive of any border and trim but excluding the base or apron, supports and other structural members: PROVIDED, That cut -outs and extensions may add up to twenty percent of additional sign area. (I) Highway Advertising Control M 22 -95 RCW Page 1 -7 March 2006 RCW Chapter 47.42 (b) For the purposes of this subsection, double- faced, back -to -back, or V -type signs shall be considered as two signs. (c) Signs which exceed three hundred twenty-five square feet in area may not be double - faced (abutting and facing the same direction). (3) Spacing of signs: (a) Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic. (b) On limited access highways established pursuant to chapter 47.52 RCW no two signs shall be spaced less than one thousand feet apart, and no sign may be located within three thousand feet of the center of an interchange, a safety rest area, or information center, or within one thousand feet of an intersection at grade. Double -faced signs shall be prohibited. Not more than a total of five sign structures shall be permitted on both sides of the highway per mile. (c) On noncontrolled access highways inside the boundaries of incorporated cities and towns not more than a total of four sign structures on both sides of the highway within a space of six hundred sixty feet shall be permitted with a minimum of one hundred feet between sign structures. In no event, however, shall more than four sign structures be permitted between platted intersecting streets or highways. On noncontrolled access highways outside the boundaries of incorporated cities and towns minimum spacing between sign structures on each side of the highway shall be five hundred feet. (d) For the purposes of this subsection, a back -to -back sign and a V -type sign shall be considered one sign structure. (e) Official signs, and signs advertising activities conducted on the property on which they are located shall not be considered in determining compliance with the above spacing requirements. The minimum space between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply to signs located on the same side of the highway. (4) Lighting: Signs may be illuminated, subject to the following restrictions: (a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information. (b) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. (c) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal. (d) All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the state. [1975 1st ex.s. c 271 § 3; 1974 ex.s. c 154 § 2; 1974 ex.s. c 138 § 2; 1971 ex.s. c 62 § 7.] RCW Page 1 -8 Highway Advertising Control M 22 -95 March 2006 47.42.063 (1) RCW Chapter 47.42 Signs visible from primary system in commercial and industrial areas — Preexisting signs — Permissible signs — Spacing. Signs within six hundred and sixty feet of the nearest edge of the right of way lawfully erected and maintained which are visible from the main traveled way of the primary system within commercial and industrial areas on June 1, 1971 shall be permitted to remain and be maintained. (2) Signs within six hundred and sixty feet of the nearest edge of the right of way which are visible from the main traveled way of the primary system within commercial and industrial areas whose size, lighting, and spacing are consistent with customary use as set forth in RCW 47.42.062 may be erected and maintained. Signs lawfully erected and maintained on June 1, 1971 shall be included in the determination of spacing requirements for additional signs. [1975 1st ex.s. c 271 § 4; 1971 ex.s. c 62 § 8.] 47.42.065 Signs viewable from other highways or streets — Requirements. Notwithstanding any other provision of chapter 47.42 RCW, signs may be erected and maintained more than six hundred and sixty feet from the nearest edge of the right of way which are visible from the main traveled way of the interstate system, primary system, or scenic system when designed and oriented to be viewed from highways or streets other than the interstate system, primary system, or the scenic system and the advertising or informative contents of which may not be clearly comprehended by motorists using the main traveled way of the interstate system, primary system or scenic system. [ 1975 1st ex.s. c 271 § 5; 1971 ex.s. c 62 § 9.] 47.42.070 State and local prohibitions. Nothing in this chapter shall be construed to permit a person to erect or maintain any sign that is otherwise prohibited by statute or by the resolution or ordinance of any county, city, or town of the state of Washington. [1961 c 96 § 7.] 47.42.080 Public nuisance — Abatement — Penalty. (1) Any sign erected or maintained contrary to the provisions of this chapter or rules adopted hereunder that is designed to be viewed from the interstate system, the primary system, or the scenic system is a public nuisance, and the department, the chief of the Washington state patrol, the county sheriff, or the chief of police of any city or town shall notify the permittee or, if there is no permittee, the owner of the property on which the sign is located, by certified mail at his last known address, that it constitutes a public nuisance and must comply with the chapter or be removed. (2) If the permittee or owner, as the case may be, fails to comply with the chapter or remove any such sign within fifteen days after being notified to remove the sign he is guilty of a misdemeanor. In addition to the penalties imposed by law upon conviction, an order may be entered compelling removal of the sign. Each day the sign is maintained constitutes a separate offense. If the permittee or the owner of the property upon which it is located, as the case may be, is not found or refuses receipt of the notice, the department, the chief of the Washington state patrol, the county sheriff, or the chief of police of any city or town shall post the sign and (3) Highway Advertising Control M 22 -95 RCW Page 1 -9 March 2006 RCW Chapter 47.42 47.42.100 (I) property upon which it is located with a notice that the sign constitutes a public nuisance and must be removed. If the sign is not removed within fifteen days after such posting, the department, the chief of the Washington state patrol, the county sheriff, or the chief of police of any city or town shall abate the nuisance and destroy the sign, and for that purpose may enter upon private property without incurring liability for doing so. (4) Nothing in this section may be construed to affect the provisions contained in RCW 47.42.102 requiring the payment of compensation upon the removal of any signs compensable under state law. Any sign erected or maintained on state highway right of way contrary to this chapter or rules adopted under it is a public nuisance, and the department is authorized to remove any such sign without notice. [1985 c 376 § 6; 1984 c 7 § 227; 1975 -'76 2nd ex.s. c 55 § 1; 1971 ex.s. c 62 § 10; 1961 c 96 § 8.] (5) Notes: Legislative intent -- 1985 c 376: See note following RCW 47.42.020. Severability -- 1984 c 7: See note following RCW 47.01.141. 47.42.090 Revocation of permit. If any person is convicted of a violation of this chapter, or any rule adopted hereunder, the department may revoke any permit issued to that person under this chapter. [ 1984 c 7 § 228; 1961 c 96 § 9.] Notes: Severability -- 1984 c 7: See note following RCW 47.0 ] .141. Preexisting signs — Moratorium. No sign lawfully erected in a protected area as defined by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to March 11, 1961, within a commercial or industrial zone within the boundaries of any city or town, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control but which does not comply with the provisions of this chapter or any regulations promulgated hereunder, shall be maintained by any person after March 11, 1965. (2) No sign lawfully erected in a protected area as defined by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to March 11, 1961, other than within a commercial or industrial zone within the boundaries of a city or town as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control but which does not comply with the provisions of this chapter or any regulations promulgated hereunder, shall be maintained by any person after three years from March 11, 1961. No sign lawfully erected in a scenic area as defined by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to the effective date of the designation of such area as a scenic area shall be maintained by any person after three years from the effective date of the designation of any such area as a scenic area. (3) RCW Page 1 -10 Highway Advertising Control M 22 -95 March 2006 RCW Chapter 47.42 (4) No sign visible from the main traveled way of the interstate system, the primary system (other than type 3 signs along any portion of the primary system within an incorporated city or town or within a commercial or industrial area), or the scenic system which was there lawfully maintained immediately prior to May 10, 1971, but which does not comply with the provisions of chapter 47.42 RCW as now or hereafter amended, shall be maintained by any person (a) after three years from May 10, 1971, or (b) with respect to any highway hereafter designated by the legislature as a part of the scenic system, after three years from the effective date of the designation. Signs located in areas zoned by the governing county for predominantly commercial or industrial uses, that do not have development visible to the highway, as determined by the department, and that were lawfully installed after May 10, 1971, visible to any highway now or hereafter designated by the legislature as part of the scenic system, shall be allowed to be maintained. [1993 c 430 § 11; 1974 ex.s. c 154 § 3; 1974 ex.s. c 138 § 3; 1971 ex.s. c 62 § 11; 1963 ex.s. c 3 §55;1961c96 §10.] 47.42.102 Compensation for removal of signs — Authorized — Applicability. Except as otherwise provided in subsection (3) of this section, just compensation shall be paid upon the removal of any sign (pursuant to the provisions of chapter 47.42 RCW), lawfully erected under state law, which is visible from the main traveled way of the interstate system or the primary system. (2) Such compensation shall be paid for the following: (a) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and (b) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon. (3) In no event, however, shall compensation be paid for the taking or removal of signs adjacent to the interstate system and the scenic system which became subject to removal pursuant to chapter 96, Laws of 1961 as amended by section 55, chapter 3, Laws of 1963 ex. sess. prior to May 10, 1971. [ 1975 1st ex.s. c 271 § 2; 1971 ex.s. c 62 § 12.] (1) 47.42.103 Compensation for removal — Action determining amount — Payment — State's share. Compensation as required by RCW 47.42.102 shall be paid to the person or persons entitled thereto for the removal of such signs. If no agreement is reached on the amount of compensation to be paid, the department may institute an action by summons and complaint in the superior court for the county in which the sign is located to obtain a determination of the compensation to be paid. If the owner of the sign is unknown and cannot be ascertained after diligent efforts to do so, the department may remove the sign upon the payment of compensation only to the owner of the real property on which the sign is located. Thereafter the owner of the sign may file an action at any time within one year after the removal of the sign to obtain a determination of the amount of compensation he should receive for the loss of the sign. If either the owner of the sign or the owner of the real property on which the sign is located cannot be found within the state, service of the summons and complaint on such person for the purpose of obtaining a determination of the amount of compensation to be paid may be by publication in the manner provided by RCW 4.28.100. (1) Highway Advertising Control M 22 -95 RCW Page 1 -11 March 2006 RCW Chapter 47.42 (2) If compensation is determined by judicial proceedings, the sum so determined shall be paid into the registry of the court to be disbursed upon removal of the sign by its owner or by the owner of the real property on which the sign is located. If the amount of compensation is agreed upon, the department may pay the agreed sum into escrow to be released upon the removal of the sign by its owner or the owner of the real property on which the sign is located. The state's share of compensation shall be paid from the motor vehicle fund, or if a court having jurisdiction enters a final judgment declaring that motor vehicle funds may not be used, then from the general fund. [1984 c 7 § 229; 1971 ex.s. c 62 § 13.] (3) Notes: Severability -- 1984 c 7: See note following RCW 47.01.141. 47.42.104 Compensation for removal — Federal share — Acceptance. The department may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of section 131 of title 23, United States Code, as now or hereafter amended. The department shall take such steps as may be necessary from time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated, pursuant to section 131, for the purpose of paying the federal share of the just compensation to be paid to sign owners and owners of real property under the terms of subsection (g) of section 131 and RCW 47.42.102, 47.42.103, and 47.42.104. [ 1984 c 7 § 230; 1971 ex.s. c 62 § 14.] Notes: Severability — 1984 c 7: See note following RCW 47.01.141. 47.42.105 Unavailability of federal share. No sign, display, or device shall be required to be removed if the federal share of the just compensation to be paid upon the removal of such sign, display, or device is not available to make such payment. [1971 ex.s. c 62 § 15.] 47.42.107 Compensation for removal under local authority. (1) Just compensation shall be paid upon the removal of any existing sign pursuant to the provisions of any resolution or ordinance of any county, city, or town of the state of Washington by such county, city, or town if: (a) Such sign was lawfully in existence on May 10, 1971 (the effective date of the Scenic Vistas Act of 1971); or (b) Such sign was erected subsequent to May 10, 1971 (the effective date of the Scenic Vistas Act of 1971), in compliance with existing state and local law. (2) Such compensation shall be paid in the same manner as specified in RCW 47.42.102(2) for the following: (a) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and RCW Page 1 -12 Highway Advertising Control M 22 -95 March 2006 RCW Chapter 47.42 (b) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon. [1977 ex.s. c 141 § 1.] Notes: Severability - -1977 ex.s. c 141: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 141 § 2.] 47.42.110 Agreements for federal aid. The department is authorized to enter into agreements (and such supplementary agreements as may be necessary) consistent with this chapter, with the secretary of commerce or the secretary of transportation authorized under section 131(b) of title 23, United States Code, as codified and enacted by Public Law 85 -767 and amended only by section 106, Public Law 86 -342, in order that the state may become eligible for increased federal aid as provided for in section 131 of title 23, United States Code, as codified and enacted by Public Law 85 -767 and amended only by section 106, Public Law 86 -342. [1984 c 7 § 231; 1971 ex.s. c 62 § 16; 1961 c 96 § 11.] Notes: Severability - -1984 c 7: See note following RCW 47.01.141. 47.42.120 Permits — Fees — Renewal — Permissible acts — Revocation. Notwithstanding any other provisions of this chapter, no sign except a sign of type 1 or 2 or those type 3 signs that advertise activities conducted upon the properties where the signs are located, may be erected or maintained without a permit issued by the department. Application for a permit shall be made to the department on forms furnished by it. The forms shall contain a statement that the owner or lessee of the land in question has consented thereto. The application shall be accompanied by a fee established by department rule to be deposited with the state treasurer to the credit of the motor vehicle fund. Permits shall be for the remainder of the calendar year in which they are issued, and accompanying fees shall not be prorated for fractions of the year. Permits must be renewed annually through a certification process established by department rule. Advertising copy may be changed at any time without the payment of an additional fee. Assignment of permits in good standing is effective only upon receipt of written notice of assignment by the department. A permit may be revoked after hearing if the department finds that any statement made in the application or annual certification process was false or misleading, or that the sign covered is not in good general condition and in a reasonable state of repair, or is otherwise in violation of this chapter, if the false or misleading information has not been corrected and the sign has not been brought into compliance with this chapter or rules adopted under it within thirty days after written notification. [1999 c 276 § 1; 1984 c 7 § 232; 1971 ex.s. c 62 § 17; 1961 c 96 § 12.] Notes: Severability - -1984 c 7: See note following RCW 47.01.141. Highway Advertising Control M 22 -95 RCW Page 1 -13 March 2006 RCW Chapter 47.42 47.42.130 Permit identification number. Every permit issued by the department shall be assigned a separate identification number, and each permittee shall fasten to each sign a weatherproof label, not larger than sixteen square inches, that shall be furnished by the department and on which shall be plainly visible the permit number. The permittee shall also place his or her name in a conspicuous position on the front or back of each sign. The failure of a sign to have such a label affixed to it is prima facie evidence that it is not in compliance with the provisions of this chapter. [1999 c 276 § 2; 1984 c 7 § 233; 1961 c 96 § 13.] Notes: Severability -- 1984 c 7: See note following RCW 47.01.141. 47.42.140 Scenic areas designated. The following portions of state highways are designated as a part of the scenic system: (1) State route number 2 beginning at the crossing of Woods creek at the east city limits of Monroe, thence in an easterly direction by way of Stevens pass to a junction with state route number 97 in the vicinity of Peshastin. (2) State route number 7 beginning at a junction with state route number 706 at Elbe, thence in a northerly direction to a junction with state route number 507 south of Spanaway. State route number 11 beginning at the Blanchard overcrossing, thence in a northerly direction to the limits of Larabee state park (north line of section 36, township 37 north, range 2 east). (4) State route number 12 beginning at Kosmos southeast of Morton, thence in an easterly direction across White pass to the Oak Flat junction with state route number 410 northwest of Yakima. (3) (5) State route number 90 beginning at the westerly junction with West Lake Sammamish parkway in the vicinity of Issaquah, thence in an easterly direction by way of North Bend and Snoqualmie pass to a junction with state route number 970 at Cle Elum. (6) State route number 97 beginning at a junction with state route number 970 at Virden, thence via Blewett pass to a junction with state route number 2 in the vicinity of Peshastin. State route number 106 beginning at the junction with state route number 101 in the vicinity of Union, thence northeasterly to the junction with state route number 3 in the vicinity of Belfair. (8) State route number 123 beginning at a junction with state route number 12 at Ohanapecosh junction in the vicinity west of White pass, thence in a northerly direction to a junction with state route number 410 at Cayuse junction in the vicinity west of Chinook pass. State route number 165 beginning at the northwest entrance to Mount Rainier national park, thence in a northerly direction to a junction with state route number 162 east of the town of South Prairie. (10) State route number 206, Mt. Spokane Park Drive, beginning at the junction with state route number 2 near the north line section 3, township 26 N, range 43 E, thence northeasterly to a point in section 28, township 28 N, range 45 E at the entrance to Mt. Spokane state park. (11) State route number 305, beginning at the ferry slip at Winslow on Bainbridge Island, thence northwesterly by way of Agate Pass bridge to a junction with state route number 3 approximately four miles northwest of Poulsbo. (7) (9) RCW Page 1 -14 Highway Advertising Control M 22 -95 March 2006 RCW Chapter 47.42 (12) State route number 410 beginning at the crossing of Scatter creek approximately six miles east of Enumclaw, thence in an easterly direction by way of Chinook pass to a junction of state route number 12 and state route number 410. (13) State route number 706 beginning at a junction with state route number 7 at Elbe thence in an easterly direction to the southwest entrance to Mount Rainier national park. (14) State route number 970 beginning at a junction with state route number 90 in the vicinity of Cle Elton thence via Teanaway to a junction with state route number 97 in the vicinity of Virden. [ 1993 c 430 § 12; 1992 c 26 § 3; 1975 c 63 § 9; 1974 ex.s. c 138 § 4. Prior: 1971 ex.s. c 73 § 28; 1971 ex.s. c 62 § 18; 1961 c 96 § 14. Cf. 1974 ex.s. c 154 § 4.] 47.42.900 Severability —1961 c 96. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected. [1961 c 96 § 16.] 47.42.901 Severability —1963 ex.s. c 3. If any provision of *section 55 of this amendatory act shall be held to be invalid or shall be held to invalidate any provision of chapter 96, Laws of 1961 (chapter 47.42 RCW), then that provision of this amendatory act shall be of no force and effect and the provisions of chapter 96, Laws of 1961 (chapter 47.42 RCW) shall continue in effect. [ 1963 ex.s. c 3 § 56.] Notes: *Reviser's note: The reference to "section 55 of this amendatory act" is to the 1963 amendment of RCW 47.42.100. 47.42.902 Severability —1971 ex.s. c 62. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 62 § 20.] 47.42.910 Short title —1961 c 96. This chapter shall be known and may be cited as the highway advertising control act of 1961. [ 1961 c 96 § 17.] 47.42.911 Short title —1971 ex.s. c 62. This chapter may be cited as the "Scenic Vistas Act." [ 1999 c 276 § 3; 1971 ex.s. c 62 § 19.] 47.42.920 Federal requirements — Conflict and accord. If the secretary of the United States department of transportation finds any part of this chapter to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely Highway Advertising Control M 22 -95 RCW Page 1 -15 March 2006 RCW Chapter 47.42 to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state. [ 1985 c 142 § 4.] RCW Page 1 -16 Highway Advertising Control M 22 -95 March 2006 Chapter 468 -66 WAC Highway Advertising Control Act WAC Sections 468 -66 -010 Definitions. 468 -66 -020 Restrictions on signs. 468 -66 -030 General provisions. 468 -66 -050 Sign classifications and specific provisions. 468 -66 -200 Nonconforming signs. 468 -66 -210 Permit issuance and maintenance. 468 -66 -220 Permit revocation, remaining signs illegal. DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 468 -66 -040 Measurements of distance. [Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -040, filed 12/20/78. Formerly WAC 252 -40 -030.] Repealed by 80 -04 -095 (Order 52), filed 4/1/80. Statutory Authority: RCW 47.42.060. 468 -66 -055 National scenic byway demonstration project. [Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), § 468 -66 -055, filed 5/27/94, effective 6/27/94.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 -66 -060 Signs along scenic, primary, and interstate systems. [Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), § 468 -66 -060, filed 5/27/94, effective 6/27/94. Statutory Authority: Chapter 47.42 RCW. 85 -17 -012 (Order 96), § 468 -66 -060, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -060, filed 12/20/78. Formerly WAC 252 -40 -050.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 -66 -070 On- premise signs (Type 3). [Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 99 -24 -083 (Order 195), § 468 -66 -070, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 47.42.060. 80 -05 -055 (Order 55), § 468 -66 -070, filed 4/18/80. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -070, filed 12/20/78. Formerly WAC 252 -40 -055.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 -66 -080 Number of signs and spacing requirements along interstate system. [Statutory Authority: Chapter 47.42 RCW. 96 -03 -031 (Order 161), § 468 -66 -080, filed 1/9/96, effective 2/9/96. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), § 468 -66 -080, filed 5/27/94, effective 6/27/94. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -080, filed 12/20/78. Formerly WAC 252 -40 -070.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. Highway Advertising Control M 22 -95 WAC Page 1 -17 March 2006 WAC Chapter 468 -66 468 -66 -090 Preference of applicants for Type 4, Type 5, and Type 8 sites. [Statutory Authority: Chapter 47.42 RCW. 92 -09 -043 (Order 130), § 468 -66 -090, filed 4/10/92, effective 5/11/92; 85 -17 -012 (Order 96), § 468 -66 -090, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -090, filed 12/20/78. Formerly WAC 252 -40 -080.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 - 66 - 100 Advertising copy. [Statutory Authority: Chapter 47.42 RCW. 87 -01 -055 (Order 107), § 468 -66 -100, filed 12/16/86; 85 -17 -012 (Order 96), § 468 -66 -100, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -100, filed 12/20/78. Formerly WAC 252 -40 -090.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 - 66 - 110 Signs within commercial and industrial areas of primary system. [Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 99 -24 -083 (Order 195), § 468 -66 -110, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW. 85 -17 -012 (Order 96), § 468 -66 -110, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -110, filed 12/20/78. Formerly WAC 252 -40 -095.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 - 66 - 120 Signs erected prior to June 1, 1971 in commercial and industrial areas along the primary system. [Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -120, filed 12/20/78. Formerly WAC 252 -40 -097.] Repealed by 06 -03 -005, filed 1/4/06, effective 2 /4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 - 66 - 130 Signs to be removed. [Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), § 468 -66 -130, filed 5/27/94, effective 6/27/94. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -130, filed 12/20/78. Formerly WAC 252 -40 -098.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 - 66 - 140 Permits. [Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 99 -24 -083 (Order 195), § 468 -66 -140, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW. 92 -09 -043 (Order 130), § 468 -66 -140, filed 4/10/92, effective 5/11/92. Statutory Authority: RCW 47.42.060. 88- 22 -002 (Order 116), § 468 -66 -140, filed 10/20/88. Statutory Authority: Chapter 47.42 RCW. 87 -01 -055 (Order 107), § 468 -66 -140, filed 12/16/86; 85 -17 -012 (Order 96), § 468 -66 -140, filed 8/12/85. Statutory Authority: RCW 47.42.060. 80 -04 -095 (Order 52), § 468 -66 -140, filed 4/1/80. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -140, filed 12/20/78. Formerly WAC 252 -40 -100.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WAC Page 1 -18 Highway Advertising Control M 22 -95 March 2006 468 -66 -150 Penalties. [Statutory Authority: Chapter 47.42 RCW. 97 -17 -010 (Order 170), § 468 -66 -150, filed 8/7/97, effective 9/7/97. Statutory Authority: RCW 47.42.060. 86 -01 -063 (Order 99), § 468 -66 -150, filed 12/17/85. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -150. filed 12/20/78. Formerly WAC 252 -40 -110.] Repealed by 06 -03 -005, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 468 -66 -175 Highway fatality markers. [Statutory Authority: RCW 47.42.060.88 -22 -002 (Order 116), § 468 -66 -175, filed 10/20/88.] Repealed by 94 -12 -049 (Order 144), filed 5/27/94, effective 6/27/94. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 468 -66 -010 Definitions: The following terms when used in this chapter shall have the following meanings: (1) "Abandoned" means a sign for which neither sign owner nor land owner claim any responsibility. (2) "Act" means the Highway Advertising Act of 1961, as amended and embodied in chapter 47.42 RCW. "Centerline of the highway" means a line equidistant from the edges of the median separating the main - traveled ways of a divided highway, or the centerline of the main - traveled way of a nondivided highway. (4) "Commercial and industrial areas" means any area zoned commercial or industrial by a county or municipal code; or, if unzoned or zoned for general uses by a county or municipal code, that area occupied by three or more separate and distinct commercial and/ or industrial activities within a space of five hundred feet and the area within five hundred feet of such activities on both sides of the highway. The area shall be measured from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activity and not from the property lines of the parcels upon which such activities are located. Measurements shall be along or parallel to the edge of the main - traveled way of the highway. The following shall not be considered commercial or industrial activities: (3) WAC Chapter 468 (a) Agricultural, forestry, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands; (b) Transient or temporary activities; (c) Railroad tracks and minor sidings; (d) Signs; (e) Activities more than six hundred and sixty feet from the nearest edge of the right of way; (f) Activities conducted in a building principally used as a residence. Residences are buildings used as homes, located in areas where individuals and families typically reside. Residence buildings no longer used as homes may be considered commercial or industrial activities, if used for commercial or industrial purposes and located in areas having either mixed or primarily commercial and industrial development. Highway Advertising Control M 22 -95 WAC Page 1 -19 March 2006 WAC Chapter 468 -66 If any commercial or industrial activity that has been used in defining or delineating an unzoned commercial or industrial area ceases to operate for a period of six continuous months resulting in fewer than three commercial or industrial activities remaining within that area, the unzoned area is deemed to no longer exist. Any signs located within the former unzoned area are declared nonconforming. (5) "Department" means the Washington state department of transportation. (6) "Destroyed" means a nonconforming sign shall be considered destroyed if more than fifty percent of the sign structure components are dislocated or damaged to the extent that the sign face has fallen to the ground. "Discontinued" means a sign shall be considered discontinued if, after receiving notice from the department of absence of advertising content for ninety days, the permit holder fails to put advertising content on the sign within ninety days of the notice. The department may extend the ninety -day compliance time to a maximum of one year, if the sign owner provides documentation of unique circumstances creating involuntary discontinuance and preventing the sign owner from placing advertising content on the sign. (8) "Electronic sign" means an on- premise advertising sign having a signboard display that can be changed by an electrical, electronic, or computerized process. "Entrance roadway" means any public road or turning roadway including acceleration lanes, by which traffic may enter the main - traveled way of a limited access highway from the general road system within the state, including rest areas, view points, and sites used by the general public, irrespective of whether traffic may also leave the main - traveled way by such road or turning roadway. (10) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. (11) "Exit roadway" means any public road or turning roadway including deceleration lanes, by which traffic may leave the main - traveled way of a limited access highway to reach the general road system within the state, including rest areas, view points, and sites used by the general public, irrespective of whether traffic may also enter the main - traveled way by such road or turning roadway. (12) "Interstate system" means any state highway that is or becomes part of the national system of interstate and defense highways as described in section 103(e) of Title 23, United States Code. (7) (9) (13) "Legible" means capable of being read without visual aid by a person of normal visual acuity. (14) "Limited access highway" means a state highway, or a portion of a state highway, along which the department has acquired access rights as provided by chapter 47.52 RCW. A state highway, or a portion of a state highway, along which the department has not acquired access rights as provided by chapter 47.52 RCW is termed herein as a "nonlimited access highway." (15) "Maintain" means to allow to exist. (16) "Main- traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main - traveled way. It does not include such facilities as frontage roads, turning roadways, entrance roadways, exit roadways, or parking areas. WAC Page 1 -20 Highway Advertising Control M 22 -95 March 2006 WAC Chapter 468-66 (17) "National scenic byway" means any state highway designated as part of the national scenic byway system authorized by the 1991 Intermodal Surface Transportation Efficiency Act. (18) "Person" means this state or any public or private corporation, firm, partnership, association, as well as any individual, or individuals. (19) "Primary system" means any state highway which is part of the federal -aid primary system as described in section 103(b) of Title 23, United States Code, in existence on June 1, 1991, as enacted in the 1991 Intermodal Surface Transportation Efficiency Act, and any highway which is not on such system but which is on the national highway system. (20) "Public service information" means a message on an electronic sign that provides the time, date, temperature, weather, or information about nonprofit activities sponsored by civic or charitable organizations. (21) "Scenic system" means: (a) Any state highway within any public park, federal forest area, public beach, public recreation area, or national monument; (b) Any state highway or portion thereof outside the boundaries of any incorporated city or town designated in RCW 47.42.140 by the legislature as a part of the scenic system; or (c) Any national scenic byway or state highway or portion thereof, outside the boundaries of any incorporated city or town, designated by the legislature in chapter 47.39 RCW as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025 or located within areas zoned by the governing county for predominantly commercial and industrial uses, and having development visible to the highway as determined by the department. (22) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main - traveled way of the interstate system or other state highway. The term includes the sign face(s), and the sign structure unless the sign is painted on a building, and applies to portable, temporary, and permanent installations. Signs are further defined by the provisions following: (a) A single -faced sign may display only one advertised business activity or other activity that may be of interest to motorists. (b) A double -faced (flanking or side -by -side) sign may only be patterned so that not more than two single -faced signs on one sign structure are visible to traffic approaching from one direction of travel. (c) A V type and back -to -back sign displays messages to opposing directions of travel from one sign structure. A V -type and back -to -back sign may only be patterned so that not more than one single -faced sign or double -faced (flanking or side -by -side) sign is visible to traffic approaching from each of the opposing directions of travel. (d) A nonconforming sign means a sign that was lawfully erected but does not comply with provisions of state law or state regulations passed at a later date, or later fail to comply with the state law or state regulations due to changed conditions. (e) Illegal signs are those erected or maintained in violation of state law or local law or ordinance. Highway Advertising Control M 22 -95 WAC Page 1 -21 March 2006 WAC Chapter 468 -66 (f) Pursuant to RCW 47.42.020(8) and 47.36.030(3), the term "sign" does not include signs, banners, or decorations that are devoid of commercial advertising and installed over a state highway to promote a local agency sponsored event. (23) "Trade name" shall include brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services. (24) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders. (25) "Tri- vision sign" means a sign having a series of three -sided rotating slats arranged side by side, either horizontally or vertically, which are rotated by an electric- mechanical process, capable of displaying a total of three separate and distinct messages, one message at a time. (26) "Turning roadway" means a connecting roadway for traffic turning between two intersection legs of an interchange. (27) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. (28) "Visible development area" means a five hundred -foot area along a scenic system state highway, that is zoned for predominantly commercial or industrial uses by the governing county, having three or more commercial or industrial activities within the five hundred -foot area that are visible to traffic in both directions. The consideration of commercial or industrial activities, and measurements that establish the area shall conform with RCW 47.42.020(9). [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, § 468 -66 -010, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW. 97 -17 -010 (Order 170), § 468 -66 -010, filed 8/7/97, effective 9/7/97; 96 -13 -007, § 468 -66 -010, filed 6/6/96, effective 7/7/96. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), § 468 -66 -010, filed 5/27/94, effective 6/27/94. Statutory Authority: Chapter 47.42 RCW. 92 -09 -043 (Order 130), § 468 -66 -010, filed 4/10/92, effective 5/11/92. Statutory Authority: RCW 47.42.060. 88 -22 -002 (Order 116), § 468 -66 -010, filed 10/20/88; 86 -01 -063 (Order 99), § 468 -66 -010, filed 12/17/85. Statutory Authority: Chapter 47.42 RCW. 85 -17 -012 (Order 96), § 468 -66 -010, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85 -03 -031 (Order 94), § 468 -66 -010, filed 1 /10/85; 80 -06 -057 (Order 56), § 468 -66 -010, filed 5/19/80. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution 13), § 468 -66 -010, filed 12/20/78. Formerly WAC 252 -40 -010.] 468 -66 -020 Restrictions on signs. (1) Except as permitted by the act and these regulations, no person shall erect or maintain a sign which is visible from the main - traveled way of the interstate system, the primary system, or the scenic system. Signs visible to other types of state highways are not restricted by the Scenic Vistas Act or these regulations, but are subject to local ordinances. (2) In case a highway or a section of highway is a part of both the primary system and the scenic system, only those signs permitted along the scenic system may be erected or maintained. [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, § 468 -66 -020, filed 1/4/06, effective 2/4/06. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -020, filed 12/20/78. Formerly WAC 252 -40 -015.] WAC Page 1 -22 Highway Advertising Control M 22 -95 March 2006 468 -66 -030 General provisions. (1) WAC Chapter 468 Notwithstanding any other provision of the act or these regulations, no signs visible from the main - traveled way of the interstate system, primary system, or scenic system which have any of the following characteristics shall be erected or maintained: (a) Signs advertising activities that are illegal under state or federal laws or regulations in effect at the location of such signs or at the location of such activities. (b) Illegal, destroyed, abandoned, or discontinued signs. (c) Signs that are not clean and in good repair. (d) Signs that are not securely affixed to a substantial structure. (e) Signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal or device. Signs which prevent the driver of a vehicle from having a clear and unobstructed view of at -grade intersections, approaching or merging traffic, official traffic control signs, or other traffic control devices. (f) (g)(i)Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, except public service information signs, Type 3 on- premise signs along a primary system highway within an incorporated city or town or commercial or industrial area, or electronic on- premise signs operating in compliance with WAC 468 -66 -050. (ii) Signs which have lights that change intensity or color, lasers, strobe lights, or other lights with stroboscopic effect. (h) Signs which use any lighting in any way unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the highway or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle. Signs which move or have any animated or moving parts, except revolving public service information signs, Type 3 on- premise signs along a primary system highway within an incorporated city or town or commercial or industrial area, or tri- vision signs operating in compliance with WAC 468 -66- 030(2). (j) Signs which are erected or maintained upon trees, power poles or painted or drawn upon rocks or other natural features. (2) Tri- vision signs may be used as Type 3, Type 4, or Type 5 signs, with the provisions following: (a) Visible to interstate highways, tri- vision signs may only be used as Type 3 signs. (b) Rotation of one sign face to another sign face is no more frequent than every eight seconds and the actual rotation process shall be accomplished in four seconds or less. (c) Tri- vision signs shall contain a default mechanism that will stop the sign in one position should a malfunction occur. (d) Maximum size limitations shall independently apply to each sign face, including framework and border. (i) Highway Advertising Control M 22 -95 WAC Page 1 -23 March 2006 WAC Chapter 468 -66 (e) Tri- vision signs are subject to all other applicable provisions of chapter 47.42 RCW and chapter 468 -66 WAC. [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, § 468 -66 -030, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 99 -24 -083 (Order 195), § 468 -66 -030, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW. 97 -17 -010 (Order 170), § 468 -66 -030, filed 8/7/97, effective 9/7/97; 85 -17 -012 (Order 96), § 468 -66 -030, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85 -03 -031 (Order 94), § 468 -66 -030, filed 1/10/85; 80 -04 -095 (Order 52), § 468 -66 -030, filed 4/1/80. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution 13), § 468 -66 -030, filed 12/20/78. Formerly WAC 252 -40 -020.] 468 -66 -050 Sign classifications and specific provisions. Signs shall be classified and restricted to the provisions following: (1) Type 1 -- Directional or other official signs and notices. Directional or other official signs and notices may be erected and maintained on private property or public property, other than state highway right of way, for the purposes of carrying out an official duty or responsibility. The signs may only be installed by public offices or public agencies within their territorial or zoning jurisdiction and shall follow federal, state, or local law. (a) Type 1(a) - Directional sign. A directional sign may only be installed in accordance with the provisions following: Publicly or privately owned places - Directional signs for publicly or privately owned places that feature natural phenomena; historical, cultural, scientific, or educational opportunities; areas of scenic beauty, or outdoor recreation areas: Publicly owned places - Directional signs for public places owned or operated by federal, state, or local government, or their agencies; Privately owned places - Directional signs for nonprofit privately owned places that feature scenic attractions. The attractions must be nationally or regionally known, or of outstanding interest to travelers. (ii) A sign message shall be limited to identification of the activity or attraction and directional information. Directional information is limited to that which helps the motorist locate the activity, such as providing mileage to the activity, highway route or exit numbers. (i) (iii) Descriptive words, phrases, and photographic or pictorial representations of the activity or attraction are prohibited. (iv) Type 1(a) signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports. (v) The department must approve the proposed installation location. (vi) Along the interstate system and other limited access highways having grade separations (interchanges), a sign shall not be located within two thousand feet of an interchange or rest area, measured from the ramp physical gore, or within two thousand feet of a parkland or scenic area. (vii)Type 1(a) signs shall not be spaced closer than one mile apart. WAC Page 1 -24 Highway Advertising Control M 22 -95 March 2006 (vii)Type 1(b) signs are not regulated by the act with regard to visibility to highways, zoning requirements, number of signs, or spacing. (c) Type 1(c) - Service activity sign. A service activity sign may be installed subject to the provisions following: (i) Type 1(c) signs shall contain only the name of a nonprofit organization, its address, and the time of its meeting or service. (ii) Type 1(c) signs shall not exceed eight square feet in area. (iii) Type 1(c) signs are not regulated by the act with regard to visibility to highways, zoning requirements, number of signs, or spacing. (2) Type 2 -- For sale or lease sign. A Type 2 sign may only advertise the sale or lease of the parcel of real property upon which the sign is located. The name of the owner of the property offered for sale or lease, or the owner's agent and phone number shall not be displayed more conspicuously than the words "for sale" or "for lease." No other message may be displayed on the sign. (a) Type 2 signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports. (b) Not more than one Type 2 sign may be installed that is visible to traffic proceeding in any one direction on an interstate, primary, or scenic system highway. (c) The act does not regulate Type 2 signs with regard to zoning requirements or spacing. Type 3 -- On- premise signs. (a) Type 3(a) - On- premise sign. A Type 3(a) on- premise sign may only advertise an activity conducted on the property upon which the sign is located. (3) WAC Chapter 468 (viii)Visible to a state route approaching an activity or attraction, a maximum of three signs per direction of travel are allowed for each activity or attraction. (ix) Type 1(a) signs located along the interstate system shall be within seventy-five air miles of the activity or attraction. (x) Type 1(a) signs located along the primary and scenic systems shall be within fifty air miles of the activity or attraction. (b) Type 1(b) - Official sign. An official sign may be installed subject to the provisions following: (i) Type 1(b) signs may only be erected and maintained by public offices or public agencies. (ii) Type 1(b) signs may only be located within the governing jurisdiction of the public office or public agency. (iii) Type 1(b) signs shall follow federal, state, or local law. (iv) Type 1(b) signs have no restrictions on message content, provided the activity being described furthers an official duty or responsibility. (v) Type 1(b) signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports. (vi) Type 1(b) signs may be historical markers authorized by federal, state, and local law. Highway Advertising Control M 22 -95 WAC Page 1 -25 March 2006 WAC Chapter 468 -66 A Type 3(a) on- premise sign shall be limited to advertising the business or the owner, or the products or services offered on the property. A sign consisting mainly of a brand name, trade name, product or service incidental to the main products or services offered on the property, or a sign bringing rental income to the property, is not an on- premise sign. (ii) A Type 3(a) on- premise sign more than fifty feet from the advertised activity may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports. The act does not regulate the size of Type 3(a) on- premise signs located within fifty feet of the advertised activity. (iii) A Type 3(a) on- premise sign located at a shopping center, mall, or business combination is not authorized more than fifty feet from the individual activity it advertises, unless it is installed together with a Type (3)(b) business complex on- premise sign as described in (b)(i) of this subsection. (iv) For the purpose of measuring from the advertised activity, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area, which is the most regularly used and essential to the conduct of the advertised activity as determined solely by the department. (b) Type 3(b) - Business complex on- premise sign. A Type 3(b) business complex on- premise sign may display the name of a shopping center, mall, or business combination. (i Where a business complex erects a Type 3(b) on- premise sign, the sign structure may display additional individual business signs identifying each of the businesses conducted on the premises. A Type 3(b) on- premise sign structure may also have attached a display area, such as a manually changeable copy panel, reader board, or electronically changeable message center, for advertising on- premise activities and/or presenting public service information. (ii) Type 3(b) on- premise signs are not regulated by the act with regard to size. Any Type 3(a) on- premise sign and any display area, installed together with a Type 3(b) on- premise sign, may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim. (c) Type 3(c) - Future site on- premise sign. A Type 3(c) future site on- premise sign may only display the name of a business activity, or other activity of interest to motorists, planned for the property upon which the sign is located and the anticipated opening date of such activity. (i) The owner, or owner's representative, shall by letter notify the department at least thirty days prior to the installation of the proposed Type 3(c) future site on- premise sign. Said notice shall include the location, sign message, and installation date. (i) (ii) Type 3(c) future site on- premise signs may remain until the business activity is operational, but shall not exceed one year from the planned installation date. The sign must be removed at the end of one year after the planned installation date if the business activity is not yet operational. (iii) Type 3(c) future site on- premise signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area. WAC Page 1 -26 Highway Advertising Control M 22 -95 March 2006 WAC Chapter 468-66 (d) Type 3(d) - Temporary political campaign sign. A Type 3(d) temporary political campaign sign may express a property owner's endorsement of a political candidate or ballot issue. (i) Type 3(d) temporary political campaign signs are limited to a maximum size of thirty -two square feet. (ii) Type 3(d) temporary political campaign signs must be removed within ten days after an election. After primary elections, temporary political campaign signs endorsing a successful candidate may remain up to ten days after the succeeding general election. (e) Not more than one Type 3(a) or 3(b) sign, visible to traffic proceeding in any one direction on an interstate system highway; on a primary system highway outside an incorporated city or town or commercial or industrial area; or on a scenic system highway, may be permitted more than fifty feet from the advertised activity. Not more than one Type 3(c) sign may be installed visible to traffic proceeding in any one direction on an interstate system highway; on a primary system highway outside an incorporated city or town or commercial or industrial area; or on a scenic system highway. The act does not regulate Type 3(d) signs with regard to the number of signs installed, visibility from highways, zoning requirements, or spacing. (i) For Type 3(a) on- premise signs, the fifty -foot distance from the advertised activity shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area, which is the most regularly used and essential to the conduct of the advertised activity as determined solely by the department. (ii) For Type 3(b) on- premise signs, the fifty -foot distance from the advertised activity may be measured in the same manner as for Type 3(a) on- premise signs, or may be measured fifty feet from the nearest portion of a combined parking area. (f) A Type 3(a) or 3(b) on- premise sign more than fifty feet from the advertised activity shall not be erected or maintained at a greater distance from the advertised activity than one of the options following, as applicable, selected by the owner of the business being advertised: (i) One hundred fifty feet measured along the edge of the protected highway from the nearest edge of the main entrance to the activity advertised; (ii) One hundred fifty feet from any outside wall of the main building of the advertised activity; or (iii) Fifty feet from any outside edge of a regularly used parking lot maintained by, and contiguous to, the advertised activity. (g) Electronic signs may be used only as Type 3 on- premise signs and/or to present public service information, as follows: (i) Advertising messages on electronic signboards may contain words, phrases, sentences, symbols, trademarks, and logos. A single message or a message segment must have a static display time of at least two seconds after moving onto the signboard, with all segments of the total message to be displayed within ten seconds. A one - segment message may remain static on the signboard with no duration limit. Highway Advertising Control M 22 -95 WAC Page 1 -27 March 2006 WAC Chapter 468 -66 (ii) Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static position for two seconds after completing the travel or scroll. (iii) Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the signboard. (iv) Electronic signs requiring more than four seconds to change from one single message display to another shall be turned off during the change interval. (v) No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brighmess exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the department. (h) The act does not regulate Type 3(a), 3(b), 3(c), and 3(d) on- premise signs located along primary system highways inside an incorporated city or town or a commercial or industrial area. (4) Type 4 -- Off - premise signs; and (5) Type 5 -- Off - premise signs. Type 4 off - premise signs are distinguishable from Type 5 off - premise signs only by message content. Type 4 off - premise sign messages are those that do not qualify as Type 5 sign messages described in (b) of this subsection. (a) A Type 4 sign shall be located within twelve air miles of the advertised activity. A Type 4 sign that displays any trade name which refers to or identifies any service rendered or product sold, used, or otherwise handled more than twelve air miles from such sign shall not be permitted unless the name of the advertised activity, which is within twelve air miles of such sign, is displayed as conspicuously as such trade name. (b) A Type 5 sign displays a message of specific interest to the traveling public. On Type 5 signs, only information about public places operated by federal, state, or local governments, natural phenomena, historic sites, areas of natural scenic beauty or outdoor recreation, and places for lodging, camping, eating, and vehicle service and repair is deemed to be in the specific interest of the traveling public. A trade name is authorized on a Type 5 sign only if it identifies or represents a place of specific interest to the traveling public; or identifies vehicle service, equipment, parts, accessories, fuels, oils, or lubricants being offered for sale at such place. The display of any other trade name is not permitted on Type 5 signs. (c) Type 4 and Type 5 signs are restricted in size to the following: (i) Visible to interstate highways, signs may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area including border and trim but excluding supports. (ii) Visible to primary highways, the maximum area for any one sign, except as provided in (c)(iii) of this subsection, shall be six hundred seventy-two square feet with a twenty- five -foot maximum height and a fifty-foot maximum length, including the border and trim but excluding the base or apron, supports, and structural members. Cut -outs and extensions may add up to twenty percent of additional sign area. WAC Page 1 -28 Highway Advertising Control M 22 -95 March 2006 Distance from intersection Number of signs 0 - 2 miles 0 2 - 5 miles 6 More than 5 miles Average of one sign per mile WAC Chapter 468 (iii) Each sign face of a double -faced (flanking and side -by -side) sign may not exceed three hundred twenty-five square feet. (d) The spacing of Type 4 and Type 5 signs along interstate highways and visible to traffic traveling in one direction shall be restricted as follows: (i) Type 4 and Type 5 signs visible to traffic approaching an intersection of the main - traveled way of an interstate highway and an exit roadway may not exceed the number following: The specified distances shall be measured to the nearest point of intersection of the traveled way of the exit roadway and the main - traveled way of the interstate highway. (ii) Not more than two such signs may be permitted within any mile distance and no such signs may be permitted less than one thousand feet apart. (iii) Type 1, 2, and 3 signs shall not be considered in determining compliance with the above spacing requirements. (iv) Type 4 and Type 5 signs may not be permitted adjacent to interstate highway right of way within the limits of an interchange, including its entrance or exit roadways. (v) Type 4 and Type 5 signs visible to interstate highway traffic, which has passed an entrance roadway, may not be permitted within one thousand feet of the point where the entrance roadway intersects with the interstate highway. The distance shall be measured from the intersection point farthest from the preceding interchange. (vi) Not more than one Type 4 or Type 5 sign, advertising activities conducted as a single enterprise or giving information about a single place, may be erected or maintained in such manner as to be visible to traffic moving in any one direction on any one interstate highway. (e) The spacing of Type 4 and Type 5 signs visible to primary highways shall be restricted as follows: (i) On limited access highways, no two signs may be spaced less than one thousand feet apart, and no sign may be located within three thousand feet of the center of a grade separated interchange, a safety rest area, or an information center, or within one thousand feet of an at -grade intersection. Not more than a total of five sign structures may be permitted per mile, including both sides of the highway. Double -faced (flanking or side -by -side) signs are prohibited. (ii) On nonlimited access highways inside the boundaries of incorporated cities or towns, not more than a total of four sign structures, including both sides of the highway, may be permitted within a space of six hundred sixty feet or between platted intersecting streets or highways. There shall also be a minimum of one hundred feet between sign structures, including both sides of the highway. Highway Advertising Control M 22 -95 WAC Page 1 -29 March 2006 WAC Chapter 468 -66 (iv) Back -to -back signs and V-type signs shall be considered one sign structure. (f) The minimum space between sign structures located on the same side of the highway shall be measured between two points along the nearest edge of pavement. The measurement points are established at the origin of lines extending perpendicular from the edge of pavement to the apparent centers of the sign structures. The minimum space between sign structures located on opposite sides of the highway shall be measured in the applicable manner following: (g) (iii) On nonlimited access highways outside the boundaries of incorporated cities or towns, the minimum spacing between sign structures on each side of the highway shall be five hundred feet. Along tangent sections, sign spacing is measured between two points along the edge of pavement in the increasing milepost direction of travel. One measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located in the increasing direction of travel. The second measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located in the decreasing direction of travel. (ii) Along horizontal curve sections, sign spacing is measured between two points on the edge of pavement along the arc on the inside of the curve. One measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located along the highway in the increasing milepost direction of travel. The second measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located along the highway in the decreasing milepost direction of travel. (h) Type 1, 2, 3, 7, and 8 signs shall not be considered in determining compliance with the above spacing requirements. (i) Type 4 and Type 5 signs may be permitted within commercial and industrial areas adjacent to interstate and primary highways, provided that spacing is available as specified in (d) and (e) of this subsection. (j) Type 4 and Type 5 signs are not permitted visible to the scenic system. (k) Pursuant to the 1991 Intermodal Surface Transportation Efficiency Act, a National Scenic Byway Demonstration Project is established on State Route 101, from the Astoria/Megler Bridge to Fowler Street in Raymond and from the junction with State Route 109 near Queets to the junction with State Route 5 near Olympia. No new Type 4 or Type 5 signs may be permitted within the limits of this project. Type 4 or Type 5 signs installed prior to July 25, 1993, may remain as nonconforming signs. (6) Type 6 -- Landmark signs. (a) Type 6 signs shall have been lawfully in existence on October 22, 1965, and have historic or artistic significance, including signs on farm structures or natural surfaces. (b) Historic or artistic significance shall be determined by the department and approved by the Federal Highway Administration. (c) Within the limits of the National Scenic Byway Demonstration Project identified in (5)(h) of this subsection, Type 6 signs may remain as nonconforming signs. (i) WAC Page 1 -30 Highway Advertising Control M 22 -95 March 2006 WAC Chapter 468-66 Type 7 -- Public service signs located on school bus stop shelters. Type 7 signs may display safety slogans or messages, and identify the donor, sponsor, or contributor of a school bus stop shelter. No other message(s) may be displayed. (a) Safety slogans or messages must occupy at least sixty percent of the sign area, and appear more predominant than the name of the donor, sponsor, or contributor. (b) Type 7 signs may be located on school bus stop shelters only as authorized or approved by state law or regulation, or city or county ordinance or resolution, and may be installed visible to primary and scenic system highways. (c) Type 7 signs may not exceed thirty -two square feet. A sign shall not protrude above the roofline or beyond the sides of the school bus stop shelter. (d) Not more than one sign on each shelter may face in any one direction. (e) The act does not regulate Type 7 signs with regard to zoning requirements or spacing between Type 7 signs and other types of signs. (8) Type 8 -- Temporary agricultural directional signs. Type 8 signs provide directional information to places of business having seasonal agricultural products for sale. (a) Type 8 signs may display the business name, product(s) for sale, travel direction, and travel distance to the nearest mile from the state highway to the business. (b) Type 8 signs may not exceed thirty -two square feet. (c) There shall be at least three hundred feet spacing between Type 8 signs. (d) Not more than two signs advertising a place of temporary agricultural business may be installed visible to traffic proceeding in one direction of travel on any one state route. (e) Premises on which the seasonal agricultural products are sold must be within fifteen air miles of the state highway. (f) Type 8 signs may be posted only during the period of time the seasonal agricultural product(s) is being sold. Any necessary supplemental follow- through signs along city streets or county roads must be installed before the Type 8 signs may be installed visible to the state highway. (h) The signs may be installed visible to primary system highways outside incorporated cities or towns, and scenic system highways. Type 8 signs may not be installed visible to interstate highways, including interstate highways that are also part of the scenic system, or visible to primary system highways within incorporated cities or towns. (j) The act does not regulate Type 8 signs with regard to zoning requirements or spacing between Type 8 signs and other types of signs. [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005. § 468 -66 -050, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060.99 -24 -083 (Order 195), § 468 -66 -050, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). 94 -12 -049 (Order 144), § 468 -66 -050, filed 5/27/94, effective 6/27/94. Statutory Authority: RCW 47.42.060. 88 -22 -002 (Order 116), § 468 -66 -050, filed 10/20/88. Statutory Authority: Chapter 47.42 RCW. 85 -17 -012 (Order 96), § 468 -66 -050, filed 8/12/85. Statutory Authority: RCW 47.42.060. 80 -05 -055 (Order 55), § 468 -66 -050, filed 4/18/80. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468 -66 -050, filed 12/20/78. Formerly WAC 252 -40 -040.] (7) (g) (I) Highway Advertising Control M 22 -95 WAC Page 1 -31 March 2006 WAC Chapter 468 -66 468 -66 -200 Nonconforming signs. Nonconforming signs may be maintained, except as provided in subsection (3) of this section, unless otherwise removed pursuant to chapter 47.42 RCW. (2) A nonconforming sign may be sold or leased, or otherwise transferred without affecting its status, but its location may not be changed. A nonconforming sign removed as a result of a right of way taking or for any other reason may be relocated to a conforming location but cannot be reestablished at another nonconforming location. A nonconforming sign may not be maintained if: (a) The sign face size is increased more than fifteen percent over the original sign face size as of May 10, 1971 (the effective date of the Scenic Vistas Act), or as of the effective date of Scenic Vistas Act control over a given route, whichever applies; (b) There are substantial changes to the sign structure's original construction materials, such as upgrades from wooden to steel signposts; or (c) It is abandoned, destroyed, discontinued, or relocated, except as provided under subsection (2) of this section. (4) Nonconforming signs shall be considered for sign spacing requirements pursuant to WAC 468 -66 -050. (1 (3) (5) (3) Destroyed nonconforming signs may only be reerected, and only in kind, if destroyed due to vandalism or other criminal or tortious acts. [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, § 468 -66 -200, filed 1/4/06, effective 2/4/06.] 468 -66 -210 Permit issuance and maintenance. (1) No signs except Type 1, Type 2, or Type 3 signs, shall be erected or maintained adjacent and visible to interstate system, primary system, or scenic system highways without a permit issued by the department. A permit to erect and maintain a sign that complies with the requirements of this chapter and is adjacent and visible to an interstate system, primary system, or scenic system highway will be issued by the department in accordance with this section. Subsections (2) through (8) of this section pertain to permits for Types 4, 5, 6, and 7 signs; subsection (9) of this section pertains to permits for Type 8 signs; subsection (10) of this section pertains to permits for Types 4, 5, and 8 signs; and subsections (1 1) and (12) of this section pertain to permits for Types 4, 5, 6, 7, and 8 signs. (2) Permit applications for Types 4, 5, 6, and 7 signs will be accepted only at the department's headquarters located in Olympia, Washington. Applications transmitted by mail shall be considered received as of the date delivered to the department, rather than the postmarked date of mailing. Application forms, titled Application - Outdoor Advertising Sign Permit, shall be certified by the sign owner under penalty of perjury under the laws of the state of Washington and contain the information following: (a) The name and address of the sign owner, with a signed statement that says "1, the undersigned applicant, declare under penalty of perjury under the laws of the state of Washington that the information provided herein, concerning the location of sign, sign description, and property owner /lessee, is accurate and true. I also acknowledge that WAC Page 1 -32 Highway Advertising Control M 22 -95 March 2006 WAC Chapter 468 any discrepancy in such information discovered hereafter is cause for the department of transportation to revoke this sign permit; and further declare that, after permit revocation, I shall remove without compensation any sign erected under such permit." The signature block shall also contain space for the sign owner to list the location, city, county, and state, where the sign owner signs the application. (h) The statement and signature of the owner of the property on which the sign is to be erected and maintained, which states that the property owner consents to the sign installation and maintenance. A complete and valid lease between the sign owner and the property owner may be accepted in lieu of the property owner's statement and signature. (c) A statement or site map that describes or shows both the precise location of the proposed sign site and a readily identifiable stake or other marker placed in the ground at the site. (d) A description of the proposed sign's size, shape, and directional orientation to an identified state route. (e) A description of the advertising copy or message to be placed on the sign, if the sign is intended to be visible to the interstate system. (f) Other information that the department may require. Applications shall be accompanied by a nonrefundable fee of three hundred dollars for each sign structure, except Type 7 signs for which the fee is three hundred dollars for each sign face. Permits shall be for the remainder of the calendar year in which they are issued; accompanying fees shall not be prorated for fractions of the year. Permits are renewed annually through the certification process following: (a) Prior to January 1 of each year the department shall require, through the use of a permit renewal certification form, permit renewal certification from each permit holder. (i) To renew a permit, the permit holder or the permit holder's representative shall recertify by signature under penalty of perjury under the laws of the state of Washington that all information on the permit is accurate and that the permit holder desires to retain the permit in good standing for the upcoming calendar year. (ii) The completed permit renewal certification shall be returned to the department not later than December 31. (b) If the department does not receive the required permit renewal certification by December 31, the permit will automatically terminate, the sign will become an illegal sign, and the department will initiate proceedings as authorized by RCW 47.42.080 to remove the illegal sign. The department shall cause the permit renewal certification form to contain this information. (6) Changes in size, shape, or position of a permitted sign shall be reported to the department in Olympia at least ten days before a change is to be made. In the case of Type 4 and Type 5 signs permitted along the interstate system, changes in copy shall be reported to the department in Olympia at least ten days before a change is to be made to assure compliance with WAC 468 -66 -050 (5)(d)(vi). Highway Advertising Control M 22 -95 WAC Page 1 -33 March 2006 WAC Chapter 468 -66 (7) The department shall be notified when permits in good standing are assigned to another sign owner. (8) If a permitted sign is intended for relocation, the sign owner must submit a new permit application. (9)(a) Pursuant to RCW 47.42.130, for every permit issued the department shall also issue an aluminum tag that has the department - assigned permit number stamped on its face. The maximum size of the tag is sixteen square inches. (b) The permittee shall fasten the aluminum tag to the sign so it is plainly visible to the highway. (c) The department will replace a lost or otherwise missing aluminum tag after the sign owner pays a replacement fee of thirty dollars. (10) For Type 8 signs, permit application forms, titled Permit Application - Temporary Agricultural Directional Sign, accompanied by a fee of fifty dollars for each sign face must be submitted to the appropriate region office of the department. Submittals must include the same information required by subsection (3)(a) through (f) of this section for Types 4, 5, 6, and 7 signs, and: (a) An exact description of the location of the temporary agricultural business activity; (b) A description of the proposed sign copy; (c) Identification of the products sold; (d) Expected weeks /months of sales; and (e) The Uniform Business Identifier number assigned by the Washington state department of licensing. After the department's region office approves the application, the permit becomes valid. The sign may be erected at the beginning of the sale season and shall be removed at the end of the sale season. The permit shall be valid for five consecutive years from the date of application approval. A new permit application must be submitted and approved by the department's region office prior to erecting a sign at a location where the five -year permit has expired. (11) Where the number of applications for available Types 4, 5, 6, and 7 sign sites exceeds the number of available sites, permits shall be awarded on the basis of first received by date and time at the department's headquarters office in Olympia. Where the number of applications for available Type 8 sign sites exceeds the number of available sites, permits shall be awarded on the basis of first received by date and time at the department's regional office having jurisdiction over the sites. In the case of a tie between applicants, and upon notification thereof by the department, the department shall determine by lot which applicant shall receive the permit. (12) A permit issued under this chapter does not relieve the permittee from the duty to comply with all local ordinances or resolutions pertaining to signs and sign structures. (13) In the event the department has initiated permit revocation proceedings under WAC 468 -66 -220, the department shall not accept new permit applications for the sign location at issue until such proceedings are concluded and any required signs removed. [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, § 468 -66 -210, filed 1/4/06, effective 2/4/06.] WAC Page 1 -34 Highway Advertising Control M 22 -95 March 2006 WAC Chapter 468-66 468 -66 -220 Permit revocation, remaining signs illegal. (1) Pursuant to RCW 47.42.120, after hearing the department may revoke a permit without refund for any of the reasons following: (a) For making any false or misleading statement on an application for a new permit or during the annual permit renewal certification process, whether or not the statement is material to or relied upon by the department in issuing or renewing the permit; and when such false or misleading statement remains uncorrected after the expiration of thirty days following written notice thereof. (b) For allowing a sign to remain in a condition of disrepair or unreasonable state of repair after the expiration of thirty days following written notification thereof. (c) For maintaining a sign, for which a permit has been issued, in violation of any provision of the act or these regulations after the expiration of thirty days following written notice thereof. (d) For any convictions of a violation of the act or any of these regulations, any permit held by the convicted person may be revoked after the expiration of thirty days following written notice thereof whether or not such violation is related to the sign for which the permit is revoked. (e) For allowing a sign to remain after it has become abandoned, destroyed or discontinued, as defined in WAC 468 -66 -010, following written notice thereof. For abandoned or destroyed signs, the department will revoke the permit after the expiration of thirty days following written notice thereof. For discontinued signs, the department will cease permit revocation proceedings if the sign owner places advertising content on the sign within ninety days following written notice thereof. (2)(a)Any written notice referenced in subsection (1) of this section shall be sent by first class mail, postage prepaid, to the permittee at their last known address on file with the department; and the permittee's receipt of said notice shall be deemed the third day after mailing. (b) If the permittee does not comply with the written notice within thirty days, the department shall conduct a hearing, revoke the permit, and send written notice of the permit revocation to the permittee. Upon permit revocation the sign will become an illegal sign, and the department will initiate proceedings as authorized by RCW 47.42.080 to remove the illegal sign. Review of the department's action shall be in compliance with RCW 47.42.060. [Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. 06 -03 -005, § 468 -66 -220, filed 1/4/06, effective 2/4/06.] Highway Advertising Control M 22 -95 WAC Page 1 -35 March 2006 10 0 10 20 30 40 60 60 KILOMETERS 0 10 20 30 40 MILES me.. mee mgrs p i a ''. 'Sr • ADM tQ i GRAYS I Comb 000 I HARBOR cop aa. • ti 10000 ` !w, LEGEND Scenic System (RLW 47.42.140) NeTtONtl. JEFFERSON Y•Ae[ National Parks end Recreation Areas NadprW Forests Indian Reservations KIEL °• I� 1 LINCOLN 'J K ITSAP I g 111 liltltl it m1r ' 1 near i l PIERCE in'"os KITTITAS I, DOUGLAS nx..na r STEVENS SPOKANE SAN - ' 4 t � , JilA�i I. rrt . ISLAND,' B e.ar near e YAI,' l:e tllilml + V InYr • uier d , i 1ki ►l E1 � / tllU n i l II11 ea+a I red • tows t . • //f� `„ CLALLAM CLYMPe' a IV �a. �:•� MASON L O 0301 � IIIIIIIII EI THURSTON Scenk System (RLW 47.42.020 Man 104:40 Shoe Rorer wiliest to Scenic end Recreation 1-liOrymy Acts d 1967. 1999.1993 end 2003 01LW 4 7.300201 Interstate System Other Nedond Highway System Routes (Inducing Federal Aid Primary System as of 6-1 -1991) Other Stets flouts, .Gsts. ,peas n.x:. !:• 411. rr, • ' '!S LEWIS • , f < ... rn..00r Allnr cowl.ITZ • I.a 11r• rl., -. vnxu.,cxT' Highway Symbols • 'gm 1:.lR71! • At* ra•A::x,n N Ac I Ara SKA S ,. , t 14 • SEEFNLARGEMENT MAP ( • = SNOHOMISH " "•"'"'''., CHELAN I' r i • CLARK i '� �•� � 01103.1011. Aa( r a. na!t uL'wACw!s ■3 smeow.., •"" . `L,,..t.,,/ • e..eate Highway O U.S. Rahway o Oar Scats Rpm YAKIMA 0000 tie .1 B 0 I�aatiT r �C' - ��� SKAMANIA I KLICKITAT OKANOGAN f' 0 • WW1 r 1 "NtkrT ! m..,. FERRY JANUARY 2006 •r ICiD fob PEND °'•.. 1 OREILLE, • I L I r n I -- — Ier' gym! ADAMS WHITMAN e . aaral GARF'IELD �6 I '1 yremn • 1:10101 • COLUMBIA I I - ASOTIN WALLA WALLA I ..i,..a:. r ' Washington State Highways Subject to Highway Advertising Control Act of 1971 QndoorAdaraeing.dgn CLALLAM JEFFERSON \ P o rt NOM / r / . -Gamble � � Ou ilcene , f / _. Lynnwood 1 104 524 f ` / / Kingston' Edmonds t f ( ) - ( 10)4 t Ark Bellevue 0, , PORT . TOWNSEND , KITSAP 3 - Silverdale ; I % ;.r Bremerton COUPEVILLE ,) Gig Harbor ISLAND 3 99 TACOMA (512', Federal Way 'UIRUP RES avovuv Marysville OLYMPIA AVM NISCLIALLY N. TIHURSTON )to 15 ,Tumwa 5) 162 Carbonado PIERCE 166 (� Snohomish Maple Valley Washington State Highways Subject To Highway Advertising Control Act Of 1971 a Duvall 1� Enumclaw JANUARY 2006 Puget Sound Area Grande Falls G �w M / Monroe Carnation Fall City KING O 1 2 3 4 tt North \ Bend O 4 a KM A 1INGT W TE DEPT OF TRANSPORTATION CARTOGRAPHY /GIS 0 Appendix A \ / \ \ / / \ \ \ / / / / Type 4/5 Sign Spacing - Interstate Signs Not Permitted Within Right of Way INTERSTATE WAC 468- 66- 050(5)(d) Note: Sign spacing includes all sign faces visible to traffic approaching from any one direction rvumoer and spacing of signs 0 - 2 Miles In Advance of Off -Ramp Taper 0 Signs 2 - 5 Miles Maximum of 6 signs Not more than 2 signs within any one mile distance from any point 1000' Minimum spacing between signs More than 5 Miles Average - 1 sign per mile 1000' Minimum spacing between signs 1000 ft Beyond On -Ramp Taper 0 Signs Appendix A \ / \ \ / / \ \ \ / / / / Type 4/5 Sign Spacing - Interstate Signs Not Permitted Within Right of Way INTERSTATE WAC 468- 66- 050(5)(d) Note: Sign spacing includes all sign faces visible to traffic approaching from any one direction Appendix B Type 4/5 Sign Spacing NHS Non - Interstate - Controlled Access / / I / ( g / / / / / / / / o -o 0-0 / Signs Not Permitted Within Right of Way 0 Signs Allowed 0 Signs Allowed o 2 o z o — o 2 WAC 468- 66- 050(5)(e)(i) Within 1000 ft. of an c r At -Grade Intresection Within 3000 ft of an c ( Interchange, Safety Rest Area, or Information Center Maximum total of 5 sign structures shall be cr permitted on both sides of the highway per mile Double faced signs are prohibited NHS NON - INTERSTATE CONTROLLED ACCESS Within 3000 ft of an Interchange, Safety Rest Area, or Information Center Within 1000 ft. of an c ( At -Grade Intresection o--o - Billboard Sign Appendix C z 0 0 in 0 0 z 2 0-0 0 -0 i I 1 \ I ■ Type 4/5 Sign Spacing - NHS Non - Interstate Non - Controlled Access I I I Signs not permitted I within right of way (H I INSIDE CORPORATE CITY LIMITS 0-0 o z 0e 0-0 o z F. NHS Non - interstate Noncontrolled Access WAC 468- 66- 050(5)(e)(ii) & (iii) o z_ (o o—o BILLBOARD SIGN 1. Within corporate limits, a maximum of 4 sign structures shall be permitted within a space of 660', or between platted intersections. This includes signs on both sides of the highway 100' min. spacing between sign structures on both sides of the highway 2. Outside corporate city limits the minimum spacing is 500' between structures on each side of the highway 3. In areas where one side of a highway is within corporate limits and the other side of the highway is outside corporate limits, the appropriate sign spacing shown above applies Appendix D Unzoned Commerical /Industrial Area UNZONED COMMERCIAL OR INDUSTRIAL AREA (1) UNZONED COMMERCIAL OR INDUSTRIAL AREA WAC 468 -66 -010 (4) - Qualifying Core Commerical /Industrial Area - Additional Buffer Area - Where Applicable 1. Billboards may be permitted within this 1500' max. area, measured parallel to the highway. 2. Three or more separate and distinct commercial and /or industrial activities are required within 500'. Activities may be located on either or both sides of the highway and must be within 660' of the right of way line to qualify. - Commercial or Industrial Activity 500' 500' 500' ► RNV— ►� ►r MAX. (2) - " .1b f r`"t t . 'w .,.nx _ ... -�.' �, ti �, v tii r .. ..,.t ✓. 660' MAX t 660' MAX. « >,,. r& i _ : r .: a:cv{•x o r.;,'> f �'..- R/W— E Appendix D Unzoned Commerical /Industrial Area UNZONED COMMERCIAL OR INDUSTRIAL AREA (1) UNZONED COMMERCIAL OR INDUSTRIAL AREA WAC 468 -66 -010 (4) - Qualifying Core Commerical /Industrial Area - Additional Buffer Area - Where Applicable 1. Billboards may be permitted within this 1500' max. area, measured parallel to the highway. 2. Three or more separate and distinct commercial and /or industrial activities are required within 500'. Activities may be located on either or both sides of the highway and must be within 660' of the right of way line to qualify. - Commercial or Industrial Activity Appendix E 7- Regulated Highway Type 3(a) Sign Location Main Entrance to Business Within 150' Of Main Entrance Within 150' Of Main Entrance Within 50' of Building Within 150' of Building Right of Way r Parking Lot Within 50' I of Parking Lot Right of Way - One Sign per Direction of Travel - Maximum 150 Sq. Ft. - Size and number of signs not regulated Not to Scale - Dimensions are typical For primary highways, Type 3 signs are not regulated in incorporated areas or commercial industrial zones. Type 3a Sign Location Map WAC 468- 66- 050(3)(e) &(f) ' _r v\(.r 11.24.050 Time Limitation A banner shall be hung no more than two weeks in advance of an event and shall be removed by an approved installer no later than 5:00Pm the first business day following the event. 11.24.060 Banner Removal Cost The City will remove banners hung over the right -of- way without prior approval by the Director, and the responsible party shall reimburse the City for the cost of having the banner removed. The holder of a permit to hang banners will be responsible for the cost to repair any damage to City-owned property that may result from the installation, attachment, hanging or suspension of the banner. Printed March 2010 Ord 1995 ss1 (part), 2002J (Ord. 1995 §I (par rJ, 2002) 11.24.070 Signs Prohibited within the Right -of -Way A. Except as provided in this chapter, no person shall place a sign of any size or description: 1. On (whether stationary or moving), above, or over the right -of -way of a City street; 2. On, above, or over the right -of -way of a State highway; 3. On a bridge or overpass; or 4. On a public or utility improvement. B. Portable off- premises residential directional real estate signs announcing directions to an open house at a specified residence that is offered for sale or rent are permitted only when: 1. Signs are not placed on trees, foliage, utility poles, or regulatory, directional or informational signs; 2. Each sign does not exceed four square feet in area and 36 inches in height; 3. The agent or seller is physically present at the property for sale or rent; 4. Each sign in the right of -way is outside of vehicular and bicycle lanes, pedestrian sidewalks and walkways, and City- maintained landscaping; 5. Signs do not block views; and 6. The signs may only be in place between dawn and dusk. C. This chapter shall not apply to regulatory, directional, or informational signs installed by the City or the State. ('Ord. 1995 §1 (part). 20021 11.24.080 Removal of Signs A sign placed in violation of TMC 11.24.070 shall be removed by the City immediately and without prior notice. If the owner of the sign is present at the time of removal, the owner is given an opportunity to remove the sign immediately. (Ord. 1995 SS 1(partt. 2002) TITLE 11 — RIGHT OF WAY USE 11.24.090 Disposition of Signs A. Except as provided in this chapter, signs removed under TMC 11.24.080 will be immediately destroyed by the City without compensation to the owner. B. Non - business signs are retained while the apparent owner is contacted by the City. If the owner cannot be located or does not reply to the City within five working days, the City shall destroy the sign. If the owner is located and replies within five working days, the City shall make the sign available for pickup, except the sign shall be destroyed if: 1. The sign is not picked up within five working days of the owner's reply; or 2. A sign owned by the same person had been removed by the City within the past six months. (Ord. 1995 §I (part). 20021 a '7' AY \ /) ) Page 11 -29 0 13ril 29, 2009 • Planning Director City of Tukwila 6200 Southccnter Blvd. Tukwila, WA 98188 Dear Sir or Madam: 1 The Northwest Sign Council (NWSC) is the trade association representing the on- premise sign industry in the Pacific Northwest and, therefore, an important stakeholder with respect to sign regulation. We routinely work with and assist local officials with issues concerning sign regulations and procedures, bringing expertise relating to technology, regulatory options and procedures to the table. We've recently seen increased activity relative to sign code updates. On behalf of the members of the NWSC and the business community they represent in their customers, I respectfully request that you notify me if you undertake a sign code update and allow the on- premise sign industry an opportunity to actively participate in the code revision process. Information about the value of on- premise signs to the business community can be found on these key business websites: U.S. Small Business Administration www. sba.gov /smal lbusinessplanner/ start /picka location /signage /index.html New York Small Business Development Center www.nyssbdc.org/whatsyoursignage/index.aspx RECEIVED U.S. Chamber of Commerce's Small Business Center www.uschamber.com/sb/marketing/signage/default 10000 N. 31st Avenue, Suite 0400 • Phoenix, AZ 8505 Ph: 888-856-6972 • Fax: 602. 789.9126 • info @nwsigncouncil.or There have also been studies conducted by universities and court cases, which prove that signs bring incredible economic value to small businesses. The retail industry is hurting and many local officials across the country are starting to realize that now is not the time to enact or enforce restrictive sign codes. Following is a link to a newly - released model sign code: www. thesignagefoundation .org /modelsigncode.htm. Titled, A Framework for On- Premise Sign Regulations, the code was authored by respected members of the planning community, Alan C. Weinstein, Inc. and D.B. Hartt, Inc. Thank you for your consideration of this request. Patricia King Executive Director Mr. Bill Archer Chairman of Planning Commission City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 To: Mr. Bill Archer — City of Tukwila From: Tim Zamberlin - National Sign Corporation RE: Issues with the sign code draft: national sign The intent of the code is relative and has no factual basis for the restrictions recommended. It unduly hinders business identification through current regulations: RECEIVED MAY 03 201111 COMMUNITY DEVELOPMENT April 26, 2010 • Abandoned signs: this definition needs to be re- edited. I recommend using the standard definition of abandoned signs that can be seen in other codes. • Monument Sign: change the definition to; "low profile sign that is no more than 12' in height ". • Exempt signs: Directional sign should be increased to 6 sq ft. per face exempt from code requirement. • Community Development: The director of Community development has far too broad of discretionary decision making ability. There's no public comment or review allowed. • Sign permit applications should be completed and approved within 14 days of submittal. • Application approvals: In any case, signs should not take more than 60 days for approval unless mutually agreed to extend permit time by city and applicant. • Sign Permit Expiration: Permits should be valid for 1 year from approval date with ability to extend for 180 days. • Business License Penalty: Any contractor operating within the city without a business license shall be required to pay a penalty of $250.00 and contractors do not have to sign an affidavit that they have read the city sign code specifically: Permits required and Non - Conforming signs. • Violations: Consequences for sign code violations are too harsh. They need to be rewritten. • Maintenance provision: It is not legal but I have no object to its inclusion in sign code. • Non - conforming sections: all are not legal and should be stricken — recommend sign association re- writes this section based on more standard language. National Sign Corporation 1255 Westlake Ave. N. Seattle, WA 98109 P 206.282.0700 F 206.285.3091 www.nationalsigncorp.com April 9, 2009 City of Tukwila Department of Community Development Jack Pace, Director CITY REQUESTS INPUT ON RECOMMENDATIONS OF THE SIGN CODE ADVISORY COMMITTEE Dear Interested Party: Throughout 2008 and 2009, the City of Tukwila has been working on a comprehensive update of its sign code. The purpose of the update is to create a sign code that is reflective of a growing and diverse community, which can provide a variety of sign options for business and residents, while maintaining a quality visual environment. From the start of the update process the City realized the importance of public participation. During the summer and fall of 2008, a Sign Code Advisory Committee reviewed some of the many issues associated with the update. The Sign Code Advisory Committee consisted of City Council Members, a Planning Commission Member, residents, and businesses representatives. The City would like to invite you to provide comments on the policy recommendations provided in the Sign Code Advisory Committee's Final Report. The final report of the Sign Code Advisory Committee can be found at http:// www .ci.tukwila.wa.us /dcd/signcode /Agenda 2009.01.29.pdf. The Planning Commission is scheduled to start deliberating on the new sign code in July. Please provide your feedback to the City by May 15, 2009. City staff is available to meet with you to discuss the final report and to discuss any suggestions you may have regarding the new sign code. If you have any questions or would like to schedule a time to meet, please call (206) 431 -3684 or send an email to bmiles ci.tukwila.wa.us. Br don J. Miles Senior Planner cc. File Jim Haggerton, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Cit a( .J ufiuuta Dept. Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: Notice of Public Hearing Emailed to attached list on April 7, 2009 Determination of Non - Significance Notice of Public Meeting Mailed via USPS to Mon Wig on April 8, 20Q9 Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Project Name: Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Project Number: Notice of Action Planning Commission Agenda Packet Official Notice �� Short Subdivision Agenda / 7 . Ze,0 Notice of Application Mailer's signature: Shoreline Mgmt Permit j Notice of Application for Shoreline Mgmt Permit — FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 x Other: Outreach Letter, Sign Code Committee Was mailed to each of the addresses listed /attached on this _ 8 day of April in the year 2009 P: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC Emailed to attached list on April 7, 2009 Mailed via USPS to Mon Wig on April 8, 20Q9 Project Name: Project Number: Mailing requested by: �� / 7 . Ze,0 Mailer's signature: j A //j4 / ) Was mailed to each of the addresses listed /attached on this _ 8 day of April in the year 2009 P: \USERS \TERI\AFFIDAVIT OF DISTRIBUTION.DOC Parties of Record for Sign Code Update First Name Last Name Company Rodney Swift JSH Properties Melody McCutcheor HCMP Cristina Jorgenson Gordon Derr Mon Wig Properties Louise Nancy Carol Chuck Bill Derek Christian Wig Strander Damon Kolson Riess Arthur Speck Schoheld Riess Agency Segale Properties City of Tukwil RHS EnterpriseE ' Address City 10655 NE 4th Street, Suite 300 Bellevue 500 Galland Bulding1221 2nd Ave Seattle 2025 1st Ave, Suite 500 Seattle 4811 134TH PL SE Bellevue Tukwila Tukwila Tukwila Tukwila 1 me&e lid !'a 1)4a, Ce 0/ x0 0/i / Zip State 98004 WA 98101 -2925 WA 98121 -3140 WA 98006 WA • Phone Number 425 -455 -0500 206 - 623 -1745 206 - 382 -9840 Email Notes rodsna jshproperties.com Petsmart mbmhcmp.com cjorgenson(a�gordonderr.ci Westfield Ihstrandera,hotmail.com ndamon answkcc.orq Carol. kolson a(,homestreet.com criessa,farmersagent.com barthurc segaleproperties.com dspeck(c�ci.tukwila.wa. us christian a(�.seattleretail.net rhs a(�seattleretail.net • • • Recommendations: 1. Permanent Signs: Commercial Industrial to have 25' height limit and 150 square feet per side with a 50' height limit and 300 square foot per sign face allowance. Conditional upon the permit request to go through a city design review process and receive majority approval of the design review board. 2. Minimum number of Signs: Freestanding or Monument Signs should have one sign per 300 feet of frontage with a second sign allowed for properties with over 300 feet of frontage or on a corner location that has at least tow frontages of 100' or more each. 3. Monument Height: Signs can be up to a maximum of 100 square feet per side and 12' in height. 4. Maximum Width: Signs can be up to a maximum of16' in width. 5. Wall signs: Signs shall be allowed up to 10% of the building elevation area. 1 urge halting this process until all of the above, and all other issues, can be properly discussed and developed. Very Truly, 4 ,1, 4 ee Timothy Zambe , I:rx�ei$ent National Sign Corporation Cc: Patti King — NW Sign Association Mayor Haggerton — City of Tukwila Council President Robertson— City of Tukwila Council Member Duffle— City of Tukwila Council Member Hernandez— City of Tukwila Council Member Ekberg— City of Tukwila Council Member Seal— City of Tukwila Council Member Hougardy— City of Tukwila Council Member Quinn— City of Tukwila Ms. Margaret Bratcher — Vice Chair of Planning Commission— City of Tukwila Mr. Brandon Miles — Planning Commission— City of Tukwila National Sign corporation 1255 Westlake Ave. N. Seattle, WA 98109 P 206.282.0700 1 national sign www.nationalsigncorp.com RECSIV CD A NPigiT national sign What is National Sign Corporation? National Sign Corporation is an award winning, full servile design and manufacturing firm that has been in operation since 1915. It is now in it's third generation of ownership by the Zamberlin family. National Sign has a rich history of innovative sign design and manufacturing dating back to the early days of Seattle's Pioneer Square. Major renovations of original displays of noted Seattle landmarks such as the Roosevelt Hotel, Orpheum Theater, Seattle World's Fair, Pike Place Market and the Washington State Convention Center are just a few of National's noteworthy historic achievements. Other notable installations include Disney's 'The Lion King" neon spectacular in Hollywood, California, and the Showcase Theater pylon on the South Las Vegas strip in Nevada. Never content to rest on it's laurels, National Sign is always in pursuit of the most advanced display technologies available, coupled these with the latest business marketing trends. Why use National Sign Corporation's services? Dedicated to the conceptual design and production of innovative sign and environmental graphics products, National Sign is your first choice for the creation of effective business branding identity. From independent small businesses to large national corporations and government institutations, our expertise in the areas of market trends and demographics, branding identity, and the appropriate image projection enables us to create sign packages that are innovative, and strategically aimed at the client's customer base for maximum impact. �n the manufacturing side of the equation, National Sign's philosophy of combines leading edge technology with time - proven, handcrafted fabrication techniques to ensure maximum long -term product value and quality RECEIVED w( U 3 Sitl DEV O rPro . MONUMENTAL SIGN BLIGHT PREFERRED SIGN TYPE OTUKIOILA DRAFT SIGN CODE tp■eli 7 • • A 4* 37 = CLN, - 11 1PI.4 ttia.ChtoPID-1 • ' • R eceive° itay 0 3 2410 atrouptawir P AMT.„1 41T(11;i1 EDILLS SALONIEtga ACUPIETURP ' MONUMENTAL SIGN BLIGHT PREFERRED SIGN TYPE -GUKVOLA DRAFT SIGN CODE j.,1: Ya T ETA R - .; ESTAURANT .14: AtC/ AV1NAURtSASON g • • • Southwest King County Chamber Government Affairs May 4, 2010 Name: �1 n 2.--A-J-) r"-. t�z 7,¢cfu Atr g1" Organization /Business -- ,-_sue Jes ( 114fre E reighlors Email Address /4n�� g5�zrer,J /14 J I44,/0Z/ S • • • 1. Introduction. Southwest King County Chamber Government Affairs May 4, 2010 2. Reminder of the work of the Sign Code Advisory Committee, Who made up the SC Committee -its role was about the vision. 3. I have already provided two separate briefings and wanted to bring you up to speed on what the Planning Commission had done. The Planning Commission has produced a draft document, that put into code the vision of the Sign Code Advisory Committee. 4. New code is about Flexibility • Increasing the types of signs allowed • Increasing the total number of sign permitted 5. Realization that large properties have special signage needs, master sign program. • Grand Monument Signs • Neighborhood Signs 6. Billboard removal, establishing billboard receiving areas. The is the net reduction of billboards in the City, especially around TIB. Why this process and not fighting? 7. Next Steps, CAP next Monday 5/10 8. Draft code can be found on our website. If you sign up on my list I'll include you on our distribution list. ■ • • 3912093 / 1 TUKWILA CITY OF WYNETTA BIVENS 6300 SOUTHCENTER BLVD, SUITE 100 TUKWILA, WA 98188 Re: Advertiser Account #79103006 Ad #: 766175700 STATE OF WASHINGTON Counties of King and Snohomish e $caftte gimes REPRESENTING THE $eafte POSt;JlttethhJencer PO Box 70, Seattle, WA 98111 The undersigned, on oath states that he /she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times and representing the Seattle Post - Intelligencer, separate newspapers of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times and the Seattle Post- Intelligencer have been approved as legal newspapers by orders of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distributed to its subscribers during all of the said period. S Newspaper :Q:o� •.� :z: '• : 1 11 rn _ � O e 29..•', The Seattle Times Marilyn rcredo `e rr s e. Du Affidavit of Publication Signature Publication Date 05/12/08 13, 1 '1 4 1 9 4UU0 DEvE LOPM ENT (DATE) % \ s oLr' d and sworn to before me on 51 p�RY ,n �Z (DATE) p�f�`R�Yr�NAT Notary Public i nd for the State of Washington, residing at Seattle RECEIV MAY 14 ?008 EVE O pMTY ENT • Re Advertiser Account #79103006 Ad # 766175700 Ad M T G TEXT :NO TICE EEIN OF PUBLIC Sign Code Advisory Committee The City's Sign Code Advisory Committee Is scheduled to meet on Thursday, May 15, 2008 at 6PM to discuss issues related to the creation of a new sign code for the City. The meeting will be held in the City Council Chambers located at 6200 Southcenter Blvd, Tukwila, WA. The Committee's meetings are open to the public. About the Committee As one of the prominent corn mercial centers in the State, the City identified the need to have an update to the City's sign code to address the many issues related to signage. In February of 2008, the City Coun cii created the Sign Code Advi sory Committee to assist the City in the creation of a new sign code. The Committee con sists of two City Council mem bers, one Planning Commission member, two business repre sentatives and three Tukwila residents. The Committee Is scheduled to meet up to 12- times to discuss the many is sues related to signage. If you have any questions re garding the update process please contact Brandon J. Miles, Senior Planner by phone at (206) 431 -3684 or by email at bmiles @ci.tukwila.wa.us. !ije $cattteZ!ttmcs REPRESENTING THE Seattle fast 3ntelligenrer • a Sign Code Advisory Committee Pam Linder, Councilmember Verna Griffin, Councilmember Alan Ekberg, Planning Commission Member Mike Hansen, Sabey Corporation Andrew Ciarocchi, Westfield Southcenter Betty Gully, City Resident Ricardo Frazer, City Resident Thomas McLeod, City Resident May 2, 2008 Ms. Betty Gully 13017 Macadam Rd S Tukwila, WA 98168 Sincerely, im Ha rton Mayor City RE: Sign Code Committee Dear Ms,,,.Gti'lly: Tu 6200 Southcenter Boulevard • Tukwila, Washington 98188 I would like to offer you my personal thanks for volunteering to serve on the City's Sign Code Advisory Committee. I am happy to inform you that you have been selected to serve on the Committee. The Committee includes a wide variety of business interests and residents who will each bring a unique perspective to the update process. A list of Committee members is attached. Please understand that your participation and regular attendance at all meetings will help in the creation of a sign code that meets the goals of Tukwila residents and businesses. The first meeting of the Committee will be on May 15th at 6:00PM. The meeting will be held in the City Council chambers located at 6200 Southcenter Blvd. The Department of Community Development will provide materials to you prior to the meeting. If you have any questions, please contact Brandon Miles, Senior Planner with the Department of Community Development. He can be reached at (206) 431 -3684 or by email at bmiles@ci.tukwila.wa.us. Again, thank you for your service to the City of Tukwila. Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us Jim Haggerton, Mayor May 2, 2008 Mr. Thomas McLeod 13017 37 Ave S Tukwila, WA 98168 RE: Sign Code Committee Dear Mr. McLeod: Ci of 6200 Southcenter Boulevard • Tukwila, Washington 98188 I would like to offer you my personal thanks for volunteering to serve on the City's Sign Code Advisory Committee. I am happy to inform you that you have been selected to serve on the Committee. The Committee includes a wide variety of business interests and residents who will each bring a unique perspective to the update process. A list of Committee members is attached. Please understand that your participation and regular attendance at all meetings will help in the creation of a sign code that meets the goals of Tukwila residents and businesses. The first meeting of the Committee will be on May 15th at 6:00PM. The meeting will be held in the City Council chambers located at 6200 Southcenter Blvd. The Department of Community Development will provide materials to you prior to the meeting. If you have any questions, please contact Brandon Miles, Senior Planner with the Department of Community Development. He can be reached at (206) 431 -3684 or by email at bmiles(a�ci.tukwila.wa.us. Again, thank you for your service to the City of Tukwila. Sincerely, , im Ha : on • Mayor Phone: 206 - 433 -1800 • City Hall Fax: 206- 433 -1833 • www.ci.tukwila.wa.us Jim Haggerton, Mayor May 2, 2008 Dear Mr. Ciafi"rocchi: Sincerely, im Hagg Mayor Mr. Andrew Ciarrocchi Westfield Southcenter 633 Southcenter Tukwila, WA 98188 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor RE: Sign Code Committee I would like to offer you my personal thanks for volunteering to serve on the City's Sign Code Advisory Committee. I am happy to inform you that you have been selected to serve on the Committee. The Committee includes a wide variety of business interests and residents who will each bring a unique perspective to the update process. A list of Committee members is attached. Please understand that your participation and regular attendance at all meetings will help in the creation of a sign code that meets the goals of Tukwila residents and businesses. The first meeting of the Committee will be on May 15th at 6:00PM. The meeting will be held in the City Council chambers located at 6200 Southcenter Blvd. The Department of Community Development will provide materials to you prior to the meeting. If you have any questions, please contact Brandon Miles, Senior Planner with the Department of Community Development. He can be reached at (206) 431 -3684 or by email at bmiles @ci.tukwila.wa.us. Again, thank you for your service to the City of Tukwila. Phone: 206- 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us May 2, 2008 City of Tu 4 Mr. Mike Hansen Sabey Corporation 12201 Tukwila International Blvd, Tukwila, WA 98168 RE: Sign Code Committee Dear Mr. a sen: , Sincerely, Jim Ha Mayor 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor I would like to offer you my personal thanks for volunteering to serve on the City's Sign Code Advisory Committee. I am happy to inform you that you have been selected to serve on the Committee. The Committee includes a wide variety of business interests and residents who will each bring a unique perspective to the update process. A list of Committee members is attached. Please understand that your participation and regular attendance at all meetings will help in the creation of a sign code that meets the goals of Tukwila residents and businesses. The first meeting of the Committee will be on May 15th at 6:00PM. The meeting will be held in the City Council chambers located at 6200 Southcenter Blvd. The Department of Community Development will provide materials to you prior to the meeting. If you have any questions, please contact Brandon Miles, Senior Planner with the Department of Community Development. He can be reached at (206) 431 -3684 or by email at bmiles@ci.tukwila.wa.us. Again, thank you for your service to the City of Tukwila. Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us May 2, 2008 Ms. Kristin Gopal 6450 Southcenter Blvd, #108 Tukwila, WA 98188 RE: Sign Code Committee Dear Ms. Gopal: I would like to offer you my personal thanks for volunteering to serve on the City's Sign Code Advisory Committee. There was tremendous interest in serving on the Committee from Tukwila businesses. All of the applicants who applied to be on the Committee were highly qualified and it was a difficult choice in determining which businesses would be on the Committee. Because of the size limit for the Committee and the number of business members allowed, we were unable to place you on the Committee. I encourage you to stay involved in the sign code update process. The Committee meetings are public meetings and you will be notified of the meeting dates. After the Committee's work is complete, both the Planning Commission and City Council will hold public hearings to obtain input from interested parties. In order to stay involved and if you have any questions, please contact Brandon Miles, Senior Planner with the Department of Community Development by phone at (206) 431- 3684 or by email at bmiles@ci.tukwila.wa.us. Thank you again for your interest in serving on the Advisory Committee. 6200 Southcenter Boulevard o Tukwila, Washington 98188 Phnnn• 2/1A_A22.1121)/1 s /'`ihi Ihll Acv 91).5_22_11222 a un•M ■iii t»G1•ii1e cal, Ile Jim Haggerton, Mayor May 2, 2008 Sincerely, ` a im Hag ertf6n Mayor Mr. John Jensen 8555 135` Ave SE Newcastle, WA 98059 Dear Mr. Jensen: 6200 Southcenter Boulevard O Tukwila, Washington 98188 RE: Sign Code Committee I would like to offer you my personal thanks for volunteering to serve on the City's Sign Code Advisory Committee. There was tremendous interest in serving on the Committee from Tukwila businesses. All of the applicants who applied to be on the Committee were highly qualified and it was a difficult choice in determining which businesses would be on the Committee. Because of the size limit for the Committee and the number of business members allowed, we were unable to place you on the Committee. I encourage you to stay involved in the sign code update process. The Committee meetings are public meetings and you will be notified of the meeting dates. After the Committee's work is complete, both the Planning Commission and City Council will hold public hearings to obtain input from interested parties. In order to stay involved and if you have any questions, please contact Brandon Miles, Senior Planner with the Department of Community Development by phone at (206) 431- 3684 or by email at bmiles@ci.tukwila.wa.us. Thank you again for your interest in serving on the Advisory Committee. Ph,,na• 9/)R_il 2?_1Rn11 a r'ihi LJ,11 J ,. 9/M_422_1R22 • ..n.n.11.i t11L.■1i1., ..10 .... Jim Haggerton, Mayor • ' 3H2 • • - 10 Gto Pcf 51,ovt 1 IMPLEMENTATION STRATEGIES ♦ Ongoing monitoring of accidents and level of service ♦ Traffic Calming Program Goal 13.2 Transportation System Expansion of the existing public street network into a hierarchy of street designs that serve pedestrian and vehicle safety, traffic movement, and adjacent land use. Policies 13.2.1 Develop a street network plan that augments the existing system of streets, breaks up super - blocks in non - residential areas, and provides functional separation of traffic through new streets on new alignments. 13.2.2 Require street improvement projects and development improvements to be in accordance with the general Functional Street System Standards or subarea plan and require an engineering study of specific conditions. 13.2.3 Require all new streets, street improvements, property developments and property improvements to provide sidewalks consistent with adopted standards and subarea plans. Property developments and improvements in commercial areas will provide direct pedestrian access from sidewalks to buildings. 13.2.4 Continue to improve residential streets and coordinate with utility improvements. 13.2.5 Regional or non -local traffic will be discouraged on residential access streets. IMPLEMENTATION STRATEGIES ♦ Sidewalk ordinance ♦ Subdivision ordinance ♦ Street Network Plan TUKWILA COMPREHENSIVE PLAN Transportation December 3, 2007 157 • F ECE <<K MAR 3 2008 City of Tukwila F Si UKWILA APPLICATION FOR APPOINTMF1 OFFICE Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission Signature: ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board ❑ Community- Oriented Policing Citizens Advisory Board (COPCAB) Name: l 21.c1> LZ\ S Address: t (/ L/ 6 7 5-6 4-'` Phone, Day: 2- 5 ` ` (50 ( Night: Zo6 -56 ( - 60 ( Please check all that apply to you within the Tukwila City limits: 0 Resident ❑ School District Representative �, ❑ Business Owner/Manager ❑ High School Student Available to attend meetings: L�J Evenings ❑ Daytime Present employer /occupation (if retired, please indicate former occupation): Occupational history/background: Dr=s! 4 cnf=12 / i v 1 t-1 E-12..._ lo l3c�S(wESS Fv(Z C -LUC ` Y 2-0 'Y1Z . Professional/community activities (orgs., clubs, service groups, etc.): Hobbies/interests: P/AS Si 0 ) CC- i_ 4 c4-) A tae-14- l \2 - , L) 17. C D - 4 S Qualifications related to this position: l 'FA I ►V sl G w 1 . r -C C�� E.N.f1 FMS t S T V1C w cL t�f s I r t)(A) s r - A∎ / I—✓! 'T rS I IZc T� C Jt - A S S r ST�4+.t�r - `rt 174- frf -c�u� If you have previously served on one of the above boards/commissions, please provide details: Describe why you are interested in serving on this board/commission /committee: A S A ,4 i —c) IZl~S i C t� C `1i- 'VF L. Es' —1-z> L, x.>✓ T44-6 A►tilTh RE I (lV t v.) 0. aSrnY L- Tt El Park Commission COMMUNITY ®EVELOPMCNT ❑ Planning Commission ❑ Sister City Committee Other. S (4 w Coot c (T? Date: Fe Z ° ! + ` 200 Zip Code: $ 6 6 Email: 64AcC2tZ-1S PASk ∎S C Mar czC-1 - O - L - of C PA S /4u)S . Phone: 2 Q3- 362 - 23 25 C� c..c) L t l & c"-F- ML/ J k311) Date: 2.12 - /C-. Note: Upon submission, a information on this for mes public record For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206 -433 -1850. Application for Appointment 6/20/03 RECEIVED MAR 0 3 2008 I GU , u Ju Ju.JJpJ JJI III JCI IbCI I Appli.atiuwCiv Awnintment 6/20/03 City of Tukwila APPLICATION FOR APPOINTMENT Type or print clearly and return completed firm to: Office of the Mayor; 6200 Southeenter Blvd; Tukwila WA 98188 I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board ❑ Community- Oriented Policing Citizens Advisory Board (COPCAB) Name: ZTh_ -f ty TS•,4 ENS J Address: 13 7 fi Avr, 1,L Phone. Day: 2Di 211/ - 5 t 7.Y Night: I/ 2e, - 2 DI - { DIv C a Please check all that apply to you within the Tukwila City limits: ❑ School District Representative 'Business Owner /Manager Available to attend meetings: a Evenings a Daytime Present employer /occupation (if retirod, please indicate former occupation): ( it frlte f / n n Cfr�-r� Jam" t'1 C t -1 peal te5, 1 f t C� - ' " . - 60 i i Y3 • { 0 1 Phone: Z 1 2)L0 zq l - � Occupational history/background: 20 t �r > �j b t-c-5t hess 1�! - r -• . v wk rtu..c ei�s & c fl tht r�ct t } Pet r fijje k.),12 , PmfessionaVcommunity activities (orgs., clubs, service groups. etc.): Ne 2.L trek Ne - L3C61541 ' irY► t' R2rn}k .V Fie, c Lrt+ ?;Li A_, e..vvn y r' 2 -the,, j, r C.5.- Hobbies/interests_ l C ) ru re C l'rtr t ai ✓ /1 e-u.% jlCtxt" ZuoO:tu5 t /4 p.1 ❑ Park Commission ❑ Planning Commission ❑ Sister City Committee EOther: �r 6,10 (-CDC A„ 1 +>' Date: 2- is .2s ) Zip Code: 7I 1�' r_ Email: jDkv -err6C../ 1 f e iroit`i -1 i/ ❑ Resident ❑ High School Student Qualifications related to this position: 1 tri 1 1 J L lU2A-Wt5-{ (e_ — jr Ar yLbr.Y - / e , rt , ? IGtrfZ ( Y9 e-.. ryl m i 3$ 611-b- (� rvttYL i C� rt Lq 1C P S Date: If you have previously served on one of the above boards/commissions, please provide details: . -rVee - 1 i u < W/ e ec-)yr Describe why you are interested in serving on this board/commission /committee: tit re -{ i DLL , -t%,yl t' , t o, LC, it. 1 g „_; rvie- 43 e 1it bLLie:. . L Mpe,.. - 1121 k►' , c r tell AS .. ,,,h'�61_ -/e_. `iAt o, Lt,� Cu'1 Lnc -r-edti 1 e/. tou C - ���v, m,.e.J -•►4 t1 n ,Lit-c___ i re t,jia. ' 0 1-Ct - 11CjC5 - Signature: z �- - J r 9 -,:3oc ?Vote: Upon submission, all information on this form becomes public record For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206-433-1850. V " . 1 ‘ , 5 4 - c t 6 C A \ J$ 1143 " 1 W \ 'v ( 4 .-Vi C.0.5. KRISTIN GOPAL INSURANCE AGENCY INC. 6450 SOUTHCENTER BLVD, STE 108 • TUKWILA, WA 98188 Ph 206 -444 -0802 Fax 206 - 444 -0805 • FaX To: Brandon Miles, City of Tukwila From: Kristin Gopal Fax: 206 -431 -3665 Pages: 2 Including cover sheet Phone: Date: 2/28/08 Re: Sign Code Advisory Committee cc: ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply 0 Please Recycle Here you go, Brandon. Thank you! STATE FARM INSURANCE r CEI ED F EB 2 8 2 008 comm uNiT Y DEVELOPMEN T • City of Tukwila APPLICATION FOR APPOINTMENT Type or print dearly and return completed fora to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA art 3 IED I wish to be considered for appointment to the following board or commission: 0 Arts Commission O Equity and Diversity Commission O Civil Service Commission ❑ Community-Oriented Polic g Citizens Advisory Board (COPCAB) f'i Name: r'i- f7 s%t C7 / O_ /O�( Address: i ' / .SO //7 ! Phone, Day: 7 rf 9.S( Night: Please check all that apply to you within the Tukwila City limits: 0 School District Representative 0 Lodging Tax Advisory Committee 0 Human Services Board 0 Library Advisory Board . 7(1 4 0? ) i 2 c iv/ I Zip Code: -Cll Business Owner/Manager Available to attend meetings: Evenings 'Daytime Present employer /occupation (ifretired, please indicate former occupation): ,...re1/ Occupational history/background: ' • ' 1 sional/community nte4Gt. Hobbies/interests: !v Der iK cilw Signature: / C3� S (//� > ��7�d �Yt_ J () / -C d0 .4.01./ , firms , «► 77j / ,�i /� . orgs., clubs, s - ?' groups, etc.): d � (i'T7 (44f /_ Qualifications related to this position:* Q � 6 B /f*Gt 4.076" , ,n CPir,c.n If you have previous served on one of the above boards/commissions, please provide details: v y Describe why you are interested in serving on this board/commission /committee: e a17 FEB 2 8 2008 O Park Commission apl6aT O Planning Commission O Sister City Committee Other. Date: it Omin-7:7 /2009' Emad: le/ish; g 7 w i/m-/sf -av 0 Resident ❑ high School Student Phone: Date: / , 4 1 O M Note: Upon submission, all inf Lion on this form becomes public record For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206-433-1850. Law vltn Mum_ 4 )1‘7 -, viA vAL ko 4 )1i - ■V\ f vv�� J'__"JIJVII 1\(bri • • • City of Tukwila APPLICATION FOR APPOINTMENT RECEIVED FEB 2 8 2006' Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 Q®Mh9UNi1Y DVVELOPI4 NT I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board ❑ Community- Oriented Policing Citizens Advisory Board (COPCAB) Name: 714s11MA S /i1 tc,. E Address: 13011 371 - 1 - 01.4AuiIa WA Phone, Dayi?.t9(oo 32R - 5544 Night: 46,0 3 72 - Co LP-12 \ 23, Please check all that apply to you within the Tukwila City limits: ❑ School District Representative ❑ Business Owner/Manager Available to attend meetings: ❑ Evenings ❑ Daytime Present employer /occupation (if retired, please indicate former occupation): Arr pf iprAj. r Phone: Occupational history/background: `a5i-p,i b ` "� Professional /community activities (orgs., clubs, service groups, etc.): — Fre c1.5,4 Grp �r- ( p . — IJ 1,1; (I Ceattc1A . RAS vu r e GTv Hobbies /interests: ; K; ►ea , 5 t. Qualifications related to this position: O 42 19 Signatur a 3 y-e4.-.n .trr Application for Appointment 6/20/03 A GGt)ee vt4 . I4 If you have previously served on one of the above boards /commissions, please provide details: ❑ Park Commission ❑ Planning Commission ❑ Sister City Committee IA Other: 5{ -N CAGE ADV. COUtwt Date: 2 - 27-- 03 Zip Code: G t t ( $ Email: K; . 5 @ ao1. Cv &u Igf Resident ❑ High School Student 4iq Twk4si Lc,. WorKel t .5 Des ribe why you are interested in serving on this board/c 55 : S __ t.a i- `1 k 6.c__ P ut°. r �9? YY►ei/1.7 GLVI rr Ltd V4YlGBwtE v17� UT TCLk, I Bu Si et-P.5 S C-,r) GL4v►a u h ;47 • Date: 2 /n g Note: Upoi: submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office cceat 206 - 433 -1850. \Lp v,/ 9167 Kul (\W 1 ri0e `6ws<lrR1 bohoAKVimut btoAk‘v — 00(v-vfik\-) 'PLIA/ • tir • • Kristin Gopal Insurance Agency, Inc. Providing Insurance and Financial Services • STATE FARM INSURANCE Email: kristin@kristingopal.com 6450 Southcenter Blvd, Ste 108 Tukwila, WA 98188 Office: 206 - 444 -0802 Fax: 206 - 444 -0805 February 21, 2008 Sign Code Advisory Committee Staff 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 Dear Committee Staff: Sincerely, Kristin Go al, Agent RECEIVED FEB 2 5 2008' COMMU DEVELOP While reading The Hazelnut publication recently, I noticed that the City of Tukwila will be revising codes related to signage in the city in 2008. As a business owner in Tukwila, I am interested in this very important topic. Please consider me as interested in serving on this committee. I can be reached Monday through Friday at 206 - 444 -0802. • • Brandon Miles - RE: Sign Code Advisory Committee bmiel e: •• 2.4,31. . .;Ace yl..gp . x Jr Iv: ::N114 • p .v :.0, From: To: Date: Subject: CC: Mikel Hansen <MikelH@sabey.com> Brandon Miles <bmiles @ci.tukwila.wa.us> 02/21/2008 4:45 PM RE: Sign Code Advisory Committee Shelley O'Keefe <sokeefe @ci.tukwila.wa.us> Brandon, please find attached a copy of my application for the Sign Code Advisory Committee. I have also copied Shelly in the mayor's office let me know if you need an actual hard copy or if the electronic copy is acceptable. Tx. MH From: Brandon Miles [mailto:bmiles @ci.tukwila.wa.us] Sent: Thursday, February 21, 2008 4:14 PM To: Mikel Hansen Subject: Sign Code Advisory Committee Hi Mike, Here is the application for the sign code advisory committee. The applications are due back by next Friday. Brandon Brandon 3. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us - .•145.1• ... • Page 1 of 1 fila•//('•\Tlnriimantc and Cattinac \Rranrinn_AA\1 oral Cattin (re \Tamn \YACrrr \xlioa \d7RTVA A M/')7/11111Q Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission ❑ Community- Oriented Policing Citizens Advisory Board (COPCAB) Name: m nn Address: /7 —?. G dA 'A3i I'y1— 1914A g /!1/ Phone, Day(706;J 277 — S 2 1 Night:(7 6j440 Please check all that apply to you within the Tukwila City limits: ❑ School District Representative Business Owner /Manager Available to attend meetings: XEvenings Daytime Present employer /occupation (if retired, please indicate former occupation): ^ history/background: Phone: 7.0(0 I 2(" g 20 Q d Nfofessional/community activities (orgs., clubs, s rvice groups, etc.): 4 4 Gf 6ar2 .�, wt..k.4., (,_ 774/44.410. . i Hobbie intere ArSi.,'A-K� / .e.tA,�\ )4,f A) Qualifications related to this position: 17,6% /s/. % Application for Appointment 6/20/03 City of Tukwila APPLICATION FOR APPOINTMENT ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board If you have previously served on one of the above boards/commissions, please provide details: Describe why you are interested in serving on this board/c mmission/committee: r ,"(:2i/L A) - :� '774/u.0 eet 14 ❑ Park Commission ❑ Planning Commission ❑ Sister City Committee ' I ❑ Other: S t !J �l 40, diec Date: "7,—/2-2. Zip Code: 'Ng Email: ❑ Resident ❑ High School Student Date: 241-/ 8 Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206 -433 -1850. • RECEIVED City of Tukwila as 20 230{1 APPLICATION FOR APPOINMT N D ENT Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission ❑ Community - Oriented Policing Citizens Advisory Board (COPCAB) Name: B € tt 1 Giu.ktLi Address: 13O (1 M Arc--A b r*41 Rd 1 cu tit, 98 tb$ Phone, Day: 204 — 244— `i(e PI Night: S ctvnQ-. Please check all that apply to you within the Tukwila City limits: ❑ School District Representative ® Business Owner/ManagerCE • tlactile' ❑ High School Student Available to attend meetings: Evenings El Daytime Present employer /occupation (if retired, please indicate former occupation): Re. a �¢ o c he r l e e�C W t t� S c hoO ( D t. . Phone: Occupational history/background: 4 te r- S ha.ei - a o,.4.4 o W \ `+ ku) tlq' 6-e-es . Professional/community activities (orgs., clubs, service groups, etc.): 'Tw1\t of o C h, \&,,- t4 4-01.444 cI.r. use \J i s C7Y .v t, \ n, re411 Mj Se'cccj L- T"t.v►\o.) 19,3t�tsa( co nova ►e, a t a.v¢. ' - - Hobbies/interests: C—,o_rrct_ 1 . 1-1owenr air12- rtyw►e4;ra C--v`c4.- Qualifications related to this position: L-Ce. - ■ • o.. 1: II If you have previously s &'ed on one of the above boards/commissions, please provide details: Or to lmct.1 E 4 Sea Pv Zt A4.0 ►sow 8 d . •■ciol..Nd w ao vcc.ot, - ry i■ Swi-es Describe why you are interested in serving on this board/commission/committee: . . via 4.0 sc . r �. - 't sL �*°a� �o aC -tt~.0 it■ea ,6 t.ce a.4 1 i(W i la , Dr. rg , -T. LAI< Le.) i chi Yi1 dr axe Signature: B8 / Note: Upon submission, all information on this form becomes public record For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206 - 433 -1850. Application for Appointment 6/20/03 1.4 1 , ✓� ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board Date: 1.53 o- 0011 : )8 w TUKWILA FAQ, o D Car 2008 Mq y s rUA �cF 98188 ❑ Park Commission ❑ Planning Commission ❑ Sister City Committee a Other: Jt a COAe A a .) �St Date: 3-1 t$ I O$ Zip Code: Email: ? �Gl c lt p, /}oL. cowl gl Resident t - restae*Ni • 't Ktereigt D t.trs LKe$d L 44-erbu e44i e.Lt Lls ►K.�P� i.td vL .� • I Lv. 1/. LVVU I . • �� � Brighton Jones Wealth Management Services Fax Transmission To Brandon J. Miles, Sr. Planner City of Tukwila Phone: 206431 -3684 Fax: 206 -431 -3665 Re: Sign Code Advisory Committee. Comme Brandon, Here is my application for appointment for the sign code advisory committee. I will also drop the original copy in the mail today. Tom McLeod PH: 206-329-5543 x.234 Cell: 206 - 372 -6442 U I 1 V l I I V I, V V I I L V, L L V utIVED FEB 2 7 2008 L, GEUNfTY VELOPUENT From: Thomas McLeod Pages: 2 Date: 2/27/2008 506 2N AVENUE, 27''++ FLOOR, SEATTLE, WA 98104 • TEL: 206.329.5546. FAX: 206.329.8843 • WWW.BRIGHTONJONES.COM • • I Lv. LI. LVVV IL•TVI III uI% 1 VII I Vn V V11 L V L L V City of Tukwila APPLICATION FOR APPOINTMENT Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board ❑ Community - Oriented Policing Citizens Advisory Board (COPCAB) Name: ttmie r Q A- . _ _ _ . Address:.... ISO 11 31' Arm $ - Cu 1l w la 14 A Phone, Day(2Q(p) 373- 5544 • Night 2e( 3 72 - 6Llt42. X234 Please check all that apply to you within the Tukwila City limits: ❑ School District Representative ❑ Business Owner/Manager Available to attend meetings: ❑ Evenings ❑ Daytime Present employer /occupation (if retired, please indicate former occupation): TN( Aer xit•kTApIT Phone: Occupational history/background: 9151.0v , Ardtc., "441.401-+___ Professional/community activities (orgs., clubs, service groups, etc.): Hobbies/interests: ;le; IA J) 95 14, alificatiotas related to this position: - _.- - ou av prey& �`y sery own one f the above boards/commissions, please provide details: Signatur Application for Appointment 6/20/03 ail to AA cco R SCE!VED FEB 27 2008 C u rt Mtl IDEVELOPMENT !W. V F I I L IN TUKWILA ❑ Park Commission ❑ Planning Commission ❑ Sister City Committee I Other. Siam Coop ADV. CouuK• Date : — 7 —b` - -- Zip Code: (B 1, Cog Email: ,m,ptgig-b ) Resident ❑ High School Student Des.ribe why you are interested in serving on this board/commiasion/committee S : 5 4 t�.L"� le -tG r ✓ ,co ,44 avid & ecnceme.vvt err — rti r..* R,, s, eve S Cos e, ,w.1, ;41 Date: o? le" 7 /Os Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206- 433 -1850. G City of Tukwila APPLICATION FOR APPOINTMENT Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188 I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Equity and Diversity Commission ❑ Civil Service Commission ❑ Community - Oriented Policing Citizens Name: Andrew Ciarrocchi Address: 633 Southcenter, Tukwila, WA Phone, Day: 206.246.0423 ❑ Lodging Tax Advisory Committee ❑ Human Services Board ❑ Library Advisory Board Advisory Hoard (COP(' AR) Night: 425.281.2907 Please check all that apply to you within the Tukwila City limits: ❑ School District Representative ® Business Owner /Manager Available to attend meetings: ® Evenings ® Daytim' Present employer /occupation (if retired, please indicate former occupation): Westfield Southcenter - Senior General Manager Phone 906 Occupational history/background Shopping Center Management / Westfield / Six Years Iheatre anagement / AMC Theatres / F1v2_Lears Professional /community activities (ores., clubs. service groups, etc.): Southwest King County Chamber of Commerce: Bo.ard_nf Ditectors.,_Executive Board,_T_ukwila. Government Affairs Committee, Treasurer Hobbies/interests: Family,_ Sports, Movies Qualifications related to this position Experience working in eight different cities and viewing the good (and bad) of what the signage code can create in a community. If you have previously served on one of the above hoards /commissions nleace provide details. Currently serve on the Lodging Tax Advisory Committee Describe why you are interested in serving on this board /commission/committee: I'd like to play a part to be sure that the signage code is.-updated_to rP - rt today's_developmenLpatterns_and technologie&while also being sure we do.not.c utter the City's landscape._ Signature: / I ❑ Park Commission ❑ Planning Commission ❑ Sister City Committee ❑ Other Sign Code Advisory Committee Date: February 27. 2008 Zip Code 98188 Email aciarrocchi @westfield.com ❑ Resident ❑ High School Student Date "24 / k o� Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Mayor's office at 206- 433 -1850. Application for Appointment 6 RECEIVED FEB 2 7 2008 CITY OF TUKWILA CITY CLERK RECEIVED rt. rt.8 4 7 2008 COMMUNITY DEVELOPMENT cgo Brandon Miles - Re: Sign Code update ii• , . . From: To: Date: Subject: Hi John, Thanks for you interest in the sign code advisory committee. Through the end of the month, the City is accepting applications to serve on the committee. I have included a PDF of the application with this letter. The Mayor will select the representatives so serve on the committee by March 14th. The first meeting of the committee has not been scheduled and will be coordinated with the members of the committee. At the first meeting, the committee will select regular meeting dates. It is anticipated that there will be up to 12 meetings of the committee (maybe more if needed). Council has directed that the committee complete its work by September 1st. Best Regards, Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us »> "John Jensen" <johnjensen711 @hotmail.com> 02/17/2008 12:29:35 pm »> Hi Brandon, I saw the sign code update notice in the Sea Tac News and would like to learn more about the goals and schedule of the committee. I worked on a sign code revision subcommittee for the Newcastle Planning Commission. It was surprisingly more interesting and complex than I expected. I have no burning issue regarding signage in Tukwila. I hope to learn as much as contribute but believe I can be a valuable addition. I look forward to hearing from you, John Jensen 206 - 241 -5774 Brandon Miles John Jensen 02/19/2008 4:54 PM Re: Sign Code update Currently President Jensen Companies, a construction and website consulting business. www.jensenroofing.com www.jensenwebsites.com Commissioner, King County Charter Review Commission http: / /www.metrokc.gov /exec /charter /default.aspx Co -Chair Rural /Local Services Subcommittee KC Charter Review http: / /www.metrokc.gov/ exec / charter /committees /regionallocal.aspx • 1: 1__ / /!'. _ \ _1 C._u_ -__ \T __- ___7_._ It \T -__ 1 11 _u..___ \T_.__ _ \.,T!". )• \A .•9TT All Page 1 of 2 nn 11 n In AAA • • Chair Newcastle Chamber of Commerce Candidate Forum 2005, 2006, 2008. History Past President of the Newcastle Chamber of Commerce 2005 Member of the Newcastle Sign Code revision subcommittee http://www.newcastlecc.com/ Although not a resident I am a property owner in Tukwila, a partner in a business located in the Andover Industrial park, and I do business with several companies located in Tukwila. Page 2 of 2 n'1 ii ni'/Inn • February 19, 2008 Ms. Heather McLeland- Wieser 14234 58 Ave S Tukwila, WA 98168 RE: .-,ign Code Advisory Committee Dear Ms. McLeland- Wieser Thank you for expressing a desire to serve on the sign code advisory committee. I have included a copy of the application form with this letter. The application deadline is February 29, 2008. The Mayor will make his selection by March 14, 2008. All • applicants will be notified of the Mayor's final selection. The Committee will begin its work in March and hopefully conclude by September. It is anticipated that at a minimum 12 meetings will occur and if necessary additional meetings may be required. If you have any questions, please feel free to call me at (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Sincerel City of Tukwila Department of Community Development Jack Pace, Director Brrandoi% J': Miles Senior Planner cc. Sign Code Binder Jim Haggerton, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Brandon Miles - Sign Code Committee Page 1 • • From: Verna Griffin To: Brandon „M @ci.tukwila.wa.us,Mayor @ci.tukw... Date: 02/19/2008 2:56:01 pm Subject: Sign Code Committee CC: Kimberly @ci.tukwila.wa.us Hi there, I had a resident tell me that she is very, very interested in sitting on the Sign Code Committee. Her name is Heather McLeland- Wieser. Her address is 14234 58th Avenue S, Tukwila, WA 98168 and telephone number is 206 - 355 -6518. Heather and her husband, Richard, have lived in Tukwila for about 13 years. She is a Seattle Public Library librarian and is very intersted in our sign code. I think she would be an excellent member of the committee. (I am still interested myself in serving on this committee). Thanks! Verna Griffin Tukwila City Councilmember (206) 293 -3274 vgriffin @ci.tukwila.wa.us February 12, 2008 Mr. Thomas McLeod 13017 37 Ave S Tukwila, WA 98168 Dear Mr. McLeod: Cizy of Tukwila Department of Community Development Jack Pace, Director RE: Sign Code Advisory Committee Thank you for expressing a desire to serve on the sign code advisory committee. I have included a copy of the application form with this letter. The application deadline is • February 29, 2008. The Mayor will make his selection by March 14, 2008. All applicants will be notified of the Mayor's final selection. The Committee will begin its work in March and hopefully conclude by September. It is anticipated that at a minimum 12 meetings will occur and if necessary additional meetings may be required. If you have any questions, please feel free to call me at (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Sincerely, Brandon J. Miles Senior Planner cc. Sign Code Binder Jim Haggerton, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • February 12, 2008 Ms. Betty Gully 13017 Macadam Rd S Tukwila, WA 98168 Dear Ms. Gully: Sincerely, 1 Bra on J. Miles Senior Planner City of Tukwila Department of Community Development Jack Pace, Director RE: Sign Code Advisory Committee Thank you for expressing a desire to serve on the sign code advisory committee. I have included a copy of the application form with this letter. The application deadline is February 29, 2008. The Mayor will make his selection by March 14, 2008. All • applicants will be notified of the Mayor's final selection. The Committee will begin its work in March and hopefully conclude by September. It is anticipated that at a minimum 12 meetings will occur and if necessary additional meetings may be required. If you have any questions, please feel free to call me at (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us. cc. Sign Code Binder Jim Haggerton, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 ti. : G1� " � ' . �"""��� "...worm .vim. • i Kf 4,afy4 - • rw y�w M.rwL: s- 1. .» 'rr• • n= gaVr!Nra • • . _ • . . r .•.r .. .• :�'�.n. . .. .... .. CONFIDENTIAL COMMUNICATION PROTECTED BY THE ATTORNEY - CLIENT PRIVILEGE NOT FOR PUBLIC DISCLOSURE TO: Planning Commission Members FROM: Shelley Kerslake, City Attorney DATE: October 5, 2009 RE: Regulation of Political Signage on City Rights -of -Way Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Sandra S. Meadowcroft Kari L. Sand Chris D. Bacha Margaret J. King Bob C. Sterbank Steve I. Victor Renee G.Walls Sara B. Springer F:\ APPS \CIV \TUKWILA\Memo\Political Signs on City Rights -of- Way.doc/KIS /10/05/09 Kenyon Disend. PLLC I The Municipal Law Firm I 11 Front Street South I Issaquah.WA 98027 -3820 I Tel: (425) 392 -7090 I Fax: (425) 392 -7071 I www.kenyondisend.com -2- F:\A PPS \C IV\TUK W ILA\Memo\Political Signs on City Rights -of -W ay, doc/KISI10 /05/09 -3 F:\ APPS \CIV\TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09 -4- F:W PPS \CIV\TUKWILAMemo\Political Signs on City Rights- of- Way.doc/KISI10 /05/09 CONFIDENTIAL COMMUNICATION PROTECTED BY THE ATTORNEY- CLIENT PRIVILEGE NOT FOR PUBLIC DISCLOSURE TO: Planning Commission Members FROM: Shelley Kerslake, City Attorney DATE: October 5, 2009 RE: Regulation of Political Signage on City Rights -of -Way Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Sandra S. Meadowcroft Kari L. Sand Chris D. Bacha Margaret J. King Bob C. Sterbank Steve I. Victor Renee G.Walls Sara B. Springer F: \APPS \CIV \TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09 Kenyon Disend, PLLC I The Municipal Law Firm I I I Front Street South I Issaquah,WA 98027 -3820 I Tel: (425) 392 -7090 I Fax: (425) 392 -7071 I www.kenyondisend.com -2- F:I APPSICIVITUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10 /05/09 -3- F:\ APPS \CIV\TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09 -4- F:( APPSICIVITUKWILA1MemolPolitical Signs on City Rights- of- Way.doc/KIS /10/05/09 Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Sandra S. Meadowcroft Kari L. Sand Chris D. Bacha Margaret J. King Bob C.Sterbank Steve I. Victor Renee G. Walls Sara B. Springer F:\ APPS \CIV \TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09 Kenyon Disend, PLLC I The Municipal Law Firm I I 1 Front Street South I Issaquah,WA 98027 -3820 I Tel: (425) 392 -7090 I Fax: (425) 392 -7071 I www.kenyondisend.com -2- F:\ APPS \CLV\TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09 -3 F:\ APPS \CIV\TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10 /05/09 -4- F:I APPSICIVITUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10 /05/09 Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Sandra S. Meadowcroft Kari L. Sand Chris D. Bacha Margaret J. King Bob C. Sterbank Steve I. Victor Renee G.Walls Sara B. Springer F: APPS \CIV \TUKWILA\Memo\Political Signs on City Rights - of - Way.doc/KIS /10/05/09 Kenyon Disend, PLLC I The Municipal Law Firm I 11 Front Street South I Issaquah,WA 98027 -3820 Tel: (425) 392 -7090 I Fax: (425) 392 -7071 I www.kenyondisend.com -2- F:I APPSICIVITUKWILAIMemo\Political Signs on City Rights- of- Way.doc/KIS /10 /05/09 4 -3- F:\ APPS \CIV\TUKWILA\Memo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09 -4- F:' APPS \CIV\TUKWILA\ivlemo\Political Signs on City Rights- of- Way.doc/KIS /10/05/09