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Home My WebLink AboutReg 2007-06-04 Item 6 - Ordinance - Moratorium on Signage COUNCIL AGENDA SYNOPSIS yyq f y 1 I nitials I1 LM No. 4 tf 1� j 1 1 Meeting Date Prep at}'$y j Mayor's review I Council review 1 06/04/07 1 B 1 !1/ 1 ��etvL/ 7908 1 1 I (o• 1 1 r ITEM INFORMATION CAS NUMBER: 07-075 I ORIGINAL AGENDA DATE: JUNE 4, 2007 AGENDA ITEMTITLE Moratorium on certain types of signage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Aftg Date Illtg Date 06/04/07 Ilitg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire ['Legal P &R Police PW SPONSOR'S Adoption of a moratorium on the placement of animated, electronic, and holographic signs SUMMARY within the City. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: No committee assignment due to emergency RECOMMENDATIONS: SPONSOR ti r1Di Ili I. Adopt moratorium as presented COM ITTEE 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 06/04/07 MTG. DATE ATTACHMENTS 06/04/07 Informational Memorandum dated May 29, 2007 Ordinance in final form s 0/ r s Gi f 0 nikVV l Steven M. Mullet, Mayor Q —I o, F:�\•. Department of Community Development Steve Lancaster, Director 1908 TO: Mayor City Council FROM: Jack Pace, Acting Directo 1 Brandon Miles, Assistant Pla e RE: Moratorium on certain types of signage DATE: May 29, 2007 Backuround In the 2007 budget, the City Council approved $45,000 to update the City's sign code. Planning staff, working with the City Attorney's office, has started to research and analyze certain issues with the City's existing sign code. One specific item that will need to be addressed within the sign code update is how the City regulates electronic and animated signs. The City currently prohibits animated signs within most zones. However, certain exceptions are provided for scoreboards and animated signs at certain public facilities. Additionally, the City does not consider a sign which displays time, date, and/or temperature an animated sign. The new sign code could significantly alter how the City regulates animated and electronic signs. The proposed moratorium would prevent the construction of any animated or electronic signs which may be contrary to the new sign code. By preventing these signs from being installed, the City would limit the number of signs that might become "non- conforming" under the new sign code. The proposed moratorium would be effective for six months from the date of adoption. hold a public hearing within 60-days The City Council is required to ho p g s from the date of y adoption. Should the City Council adopt the moratorium at tonight's meeting, a public hearing can be scheduled for July 2, 2007. Staff Recommendation Adopt the moratorium and schedule a public hearing on the moratorium for July 2, 2007. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 Z vmss C ity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUG/VILA, WASHINGTON; ESTABLISHING A SIX -MONTH MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECI'i(ONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, as part of the City's 2007 budget process the Department of Community Development identified the need to update Title 19, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to Title 19, the City will study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that these types of signs may have; and WHEREAS, the City has received and will continue to receive applications for signs that may conflict with the City's update to Title 19 and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by an update to Title 19, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City may adopt a moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; and WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a majority plus one of the Council deem the ordinance necessary for the protection of public health, public safety, public property or the public peace; and WHEREAS, without an immediate effective date, applications for sign permits could continue to be received by the City, which could establish vested rights that are inconsistent with the City's update to Title 19 and present legal challenges to the City's sign regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, 1)0 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. C:1Documeots and SettingsWl Uxr\ DaMopSCelly&MSDATA\Ordinances\Sign Moratorium .doc sM sn 5/312007 Page 1 of 2 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 any sign which would be classified as an "Electronic Sign" as defined under TMC 19.08.055; any sign which would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign which 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. Section 4. 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 5. 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. 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. Section 7. 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 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, 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:\Docnmtents and Settinaa\411 UserslDesklop kKelly MSDATA\ Ordinances \Sign Moratorium .doc BM:ksn 5/312007 Page 2 of 2