HomeMy WebLinkAboutReg 2008-10-06 Item 7A - Ordinance - Moratorium on Signage COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-117 ORIGINAL AGENDA DATE: OCTOBER 6, 2008
AGENDA ITEM TITLE Moratorium on certain types of signage
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/06/08 Mtg Date Mtg Date Mtg Date 10/06/08 Mig Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&TR Police PW
SPONSOR'S Adoption of a moratorium on the placement of animated, electronic, and holographic signs;
SUMMARY billboards; freestanding signs taller than six feet in height; and freeway interchange signs.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: No committee assignment due to emergency
RECOMMENDATIONS:
SPONSOR /ADMI i. Adopt moratorium as presented
COM HTTEE N/A
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
MTG. DATE RECORD OF COUNCIL ACTION
10/6/08
MTG. DATE ATTACHMENTS
10/6/08' Informational Memorandum dated September 30, 2008
Ordinance in final form
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s i Jim Haggerton, Mayor
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11.1 I, trIV Department o, f Community Development Jack Pace, Director If
F,F 1908
TO: Mayor Haggerton
Councilmembers
FROM: Jack Pace, Director
Brandon Miles, Senior Planner
RE: Emergency Moratorium
Sign Code Update
DATE: September 29, 2008
Background
On July 2, 2007 the City Council adopted a moratorium on the filing of permits for the
installation of animated, electronic, and holographic signs within the City (Ordinance
Number 2170). The moratorium was subsequently renewed on November 19, 2007 and
May 19, 2008 (Ordinance Numbers 2180 and 2202). The purpose of the moratorium was
to allow the City time to examine the issues associated with dynamic signs as part of the
sign code update. Since the moratorium was adopted the City has convened a Sign Code
Advisory Committee to examine the various issues with the City's existing sign code.
The Sign Code Advisory Committee has made policy recommendations to limit the use
of certain types of signs under the new sign code; this includes freeway interchange signs
and pole signs. At the next Committee meeting the Committee will be discussing if
billboards should continue to be allowed in certain areas of the City. Given that the
Committee has expressed a desire to improve the visual character of the City, staff is
anticipating that the Committee will not be supportive of allowing additional billboards
within the City. The goal in prohibiting new freeway interchange signs, billboards and
pole signs would be to improve the visual character of the City.
A draft sign code incorporating this direction will be reviewed by the Planning
Commission in February with City Council review likely to start in either April or May.
Expanding the current moratorium to include those types of signage that may not be
permitted under the new sign code would prevent businesses from investing in potentially
non conforming signs.
6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665
The following sign types are covered under the moratorium:
1. Animated and electronic signs
2. Freestanding signs taller than six feet. Existing freestanding signs that comply
with the current sign code will be allowed to have new panels and face changes
subject to the limitations found in Title 19.
3. Freeway Interchange Signs. Existing freeway interchange signs may not have
new faces installed until the moratorium is lifted.
4. Billboards
The proposed moratorium would be effective for six months from the date of adoption.
The City Council is required to hold a public hearing within 60 -days from the date of
adoption. Should the City Council adopt the moratorium at tonight's meeting, a public
hearing can be scheduled for November 3, 2008.
Recommendation
Adopt the moratorium and schedule a public hearing on the moratorium for November 3,
2008.
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City of Tukw
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING 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 NOS. 2165,
2170, 2180 AND 2202; PROVIDING FOR SEVERABILITY; DECLARING AN
EMERGENCY 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, and that moratorium was
renewed by Ordinance Nos. 2170, 2180 and 2202; 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 Committee 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, 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, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the
City may adopt an emergency moratorium for a period of up to six months, providing it
holds a public hearing on that moratorium within 60 days after its adoption;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sect 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 Imposed. A moratorium is hereby established 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 TMC 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 (imitations
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. 2165 dated June 4, 2007, No. 2170 dated July 2,
2007, No. 2180 dated November 19, 2007, and No. 2202 dated May 19, 2008 are hereby
repealed.
Section 5. Effective Period of Moratorium. The moratorium established by this
ordinance shall be effective as set forth in Section 8 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. Public Hearing to be Held. A public hearing on the issues of the
moratorium shall be held not later than 60 days after the date of adoption of this
ordinance.
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Section 7. 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 8. Emergency Declared Effective Date. The Tukwila City Council hereby
declares an emergency, necessary for the protection of the public health, public safety,
public property and public peace. This public emergency ordinance shall take effect and
be in full force immediately upon adoption. Pursuant to Matson v. Clark County Board of
Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to
support this emergency declaration are included in the "Whereas" clauses above, all of
which are adopted by reference as Findings of Fact as if fully set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2008.
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:
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