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Home My WebLink AboutReg 2009-03-02 Item 6A - Ordinance - Moratorium on Signage COUNCIL AGENDA SYNOPSIS k, �J� F 4Py Initials I7ElvtNo. BM 7 lIeetirra Date 1 Prepared by 1 llla }'qr evieiv Coin it review 1 p l cs I 02/23/09 1 BM 1 1] 03/02/09 1 I I ago= I I I 1 I 6, 4 ITEM INFORMATION ' CAS NUMBER: 09-025 'ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 AGENDA ITEM TITLE the City's Moratorium on the installation of certain types of signage. C.\ Discussion ❑'Motion Resolution Ordinance n Bid Award Public Hearing Other lltg Date 02/23/09 lltg Date Altg Date lftg Date 03/02/09 Illtg Date lltg Date 03/02/09 lltg Date SPONSOR 1 1 Council 1 1 illa Adrn Svcs N DCD 1 1 Finance Fire 1 1 Legal n P &R Police PII% SPONSOR'S On October 6, 2008 the City Council adopted Ordinance 2208 which established a 180 -day SUMMARY moratorium on the installation of certain signage types within the City. The sign types included billboards, freeway interchange signs, dynamic signs, and freestanding signs taller than six feet. The moratorium will expire in April and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180-days. RI-:1'[I. :WI BY COW mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 2/9/09 RECOMMENDATIONS: SPONSOR /ADMfIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPi NDITURI? RI?LUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 2/23/09 Forward to next Regular Meeting I 1 MTG. DATE 1 ATTACHMENTS 02/23/09 1 Informational Memorandum dated February 17, 2009 Ordinance in Draft Form 1 Ordinance #2208 Minutes from the Community Affairs and Parks Committee meeting of 2/9/09 03/02/09 'Ordinance in final form I 0- t' 0 -1 3 City of R� Yg Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF TUKWILA, WASHINGTON, RENEWING 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; REPEALING ORDINANCE NO. 2208; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current sign code is out- dated and needs to be updated, in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; Ordinance No. 2170, passed July 2, 2007, adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180 and 2202; and expanded by Ordinance No. 2208; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4, 2008 the City Council adopted Resolution 1656 which called for the creation of a Sign Code Advisory Comnittee to assist City staff in the creation of a new sign code; and WHEREAS, since July of 2008 the Committee has met five times to discuss the various issues associated with the creation of a new sign code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, since January 29, 2009, the Planning Commission and the City Council were briefed on the recommendations of the Sign Code Advisory Committee. The recommendations, if included in the new sign code, will prohibit the installation of some sign types that are currently permitted within the City; and WHEREAS, the City has received and will continue to receive applications for a variety of signs that may conflict with the City's update to Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, on March 2, 2009, the City Council conducted a public hearing on the renewal of the moratorium; C /Documents and SettineslAll User\ Desktop \KeIlyMMSDATA \Ordinances\2225 Sin Code Moratorium doc Page 1 of 3 ksn 2)2 4/2009 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY Y OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. Section 3. Moratorium Renewed. As established by Ordinance No. 2208, dated October 6, 2008, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TIvIC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with Title 19 of the Tukwila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 19.32.140 (E)(2). Nothing in this moratorium shall be construed to prevent the maintenance of an existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2208, dated October 6, 2008, is hereby repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 6. 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. C:\Documents and SettinaslAll Users\D Kelly,MSDATA \Ordinances\ 225 Sip Code ;vforata ium_doc Pale 2 of 3 ksn 2/24/2009 Section 7. 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 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C: \Documents and Settins1All Use s\ sktop\KeI!y\ MSDATA'0rdiflaflC.S\222S Sip Code Moratorium.dc Page 3 of 3 ksn 2242009