Loading...
HomeMy WebLinkAboutReg 2006-08-07 Item 6B - Ordinance - Modify TMC Title 19 Changing Message Signs CO t I N CI L A GENDA SYNOPSIS ti: (01.- ITEMNO. i 1 ;2 Llztlalr f -1. 1( Ii i Meeting Date I Prepared by I Mayor's review 1 'ouncll review l fa f 2r 07/24/06 I BM for SL I ,4g W ,i' rsoa 08/07/06 I BM for Si ,I�'' A"._, Y.)1� 4 ITEM INFORMATION CAS NUMBER: 06-077 I ORIGINAL AGENDA DATE: 7/ 24/06 AGENDA ITEM TITLE Sign Code Revisions CATEGORY Dircussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 7/24 Mtg Date 8/7/06 Mtg Date Mtg Date Mtg Date Mtg Date 8/7/06 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S The Tukwila School District has requested that the City's sign code be modified to permit SUMMARY changing message displays. The City's sign code currently bans any sign that changes content more than once every 24- hours. The proposed draft ordinance would permit public facilities to have changing message displays that change content no more than once every 10 seconds. REVIEWED BY COW Mtg. ►I CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. a Planning Comm. DAl'E: 4/25/06 CAP, 7/24/06 COW RECOMMENDATIONS: SPONSOR /ADMIN. Set a date for a public hearing. COMMITTEE CAP referred the matter to the Planning Commission. '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 7/24 Discussion of draft ordinance, set a date for a public hearing. MTG., DATE ATTACHMENTS 8/07/06 Memo from DCD 8/07/06 Draft Ordinance orginally submitted to Council on July 24, 2006 8/07/06 Draft Ordinance reflecting changes proposed by Council at July 24, 2006 I -9 0 �1� City ®f Tukwila a Steven M. Mullet, Mayor o t s Department of Community Development Steve Lancaster, Director 1908 TO: Mayor City Council A� FROM: Brandon Miles, Assistant Planner RE: Changing Message Signs Public Facilities DATE: August 2, 2006 On July 24, 2006, Planning Staff presented a draft ordinance to the City Council. The draft ordinance was regarding changing message signs at public facilities. The Council directed staff to add additional language and to present an additional draft of the ordinance at the August 7, 2006 meeting. Staff has provided the Council with the original draft and a revised draft reflecting Council direction to staff at the July 24, 2006 meeting. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 PROPOSED VERSION #1 12:j LIU AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1274, 2019 AND 2096, AS CODIFIED IN TUKWILA MUNICIPAL CODE '1'1'1'LE 19, "SIGN CODE," TO EXPAND THE PURPOSES OF THE SIGN CODE, AND TO CREATE ADDITIONAL SIGN REGULATIONS FOR PUBLIC FACIL1 i IES; ESTABLISHIHNG A SUNSET PROVISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide public agencies sign options to allow them to communicate with members of the public; and WHEREAS, the City Council wishes to regulate certain types of signage located at public facilities; and WHEREAS, the City Council desires to update the Sign Code by addressing signage in certain zones where signs are typically not found; and WHEREAS, the City Council desires to increase public safety and minimize driver distractions; and WHEREAS, on May 25, 2006 and June 22, 2006 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Sign Code; and on June 22, 2006 adopted a motion recommending the proposed changes; and WHEREAS, on August 7, 2006, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1274 §1 (part), as codified at TMC 19.04.020, "General Provisions: Purposes," is hereby amended to read as follows: 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. C \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Sign Code.doc BM:1m 7!7/2006 Page 1 of 3 3. To establish administrative procedures for the implementation of this code. 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. Section 2. Ordinance Nos. 1274, 2019 §1, and 2096 §1 (part), as codified at TMC 19.08.030, "Definitions: Animated Sign," are hereby amended to read as follows: "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 1932300, shall not be construed to be animated. Scoreboards shall not be considered animated signs. Section 3. TMC Chapter 1932, "Regulations Based on Land Use Categories," is hereby amended to include additional sign regulations for public facilities, as follows: 1932.300 Electronic Message Boards A. Signs located at public facilities that meet the criteria of TMC 1932300 may use the sign as a changing message sign, provided that the following criteria is also met: 1: The image on the sign may 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 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. 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. B. Notice of understanding: Any public facility that installs and operates a changing message sign must submit a letter to the Director of the Department of Community Development, signed by the appropriate manager/ administrator, which notes understanding of the above requirements and an assurance that the sign will be used in the appropriate manner as stated in TMC 1932300(A)(1 -3). C. Order of Removal: The Director of Community Development shall order the removal of any sign constructed pursuant to TMC 19.32300 if the sign is used in such a way that violates the provisions of this chapter. D. The language codified in TMC 19.32.300 shall sunset exactly one year from the effective date of the ordinance that adopted the code language. Any public facility that installs and operates a changing message sign must continue to comply with TMC ? 1932300(A)(1 -3) for the life of the sign, and will be considered a non conforming sign and subject to the limitations in TMC 1930. C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Sign Code.doc BM :kn 711/1006 Page 2 of 3 Section 4. 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 5. 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. PASSEL) BY THE CITY COUNCIL OF THE Cl1 Y OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. 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 Documents and Settings\ All Users\ Desktop Kelly MSDATA Ordinances Sign Code.doc BM1ar 7!72006 Page 3 of 3 PROPOSED VERSION NUMBER 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1274, 2019 AND 2096, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN CODE," TO EXPAND THE PURPOSES OF THE SIGN CODE, AND TO CREATE ADDITIONAL SIGN REGULATIONS FOR PUBLIC FACILITIES; ESTABLISHIHNG A SUNSET PROVISION; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide public agencies sign options to allow them to communicate with members of the public; and WHEREAS, the City Council wishes to regulate certain types of signage located at public facilities; and WHEREAS, the City Council desires to update the Sign Code by addressing signage in certain zones where signs are typically not found; and WHEREAS, the City Council desires to increase public safety and minimize driver distractions; and WHEREAS, the City Council wishes to provide for public safety and limit changing message signs to areas where they are not visible from streets with more than two lanes or speeds higher than 25 miles per hour: and WHEREAS, on May 25, 2006 and June 22, 2006 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Sign Code; and on June 22, 2006 adopted a motion recommending the proposed changes; and WHEREAS, on August 7, 2006, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1274 §1 (part), as codified at TMC 19.04.020, "General Provisions: Purposes," is hereby amended to read as follows: 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. Q: \Sign \School District \RR\ Version 2.DOC BM:iat 8/22006 Page 1 of 3 PROPOSED VERSION NUMBER 2 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. 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. Section 2. Ordinance Nos. 1274, 2019 §1, and 2096 §1 (part), as codified at TMC 19.08.030, "Definitions: Animated Sign," are hereby amended to read as follows: "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,n, 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. Section 3. TMC Chapter 19.32, "Regulations Based on Land Use Categories," is hereby amended to include additional sign regulations for public facilities, as follows: 19.32.300 Electronic Message Boards A. Signs located at public facilities that meet the criteria of TMC 19.32.300 may use the sign as a changing message sign, provided that the following criteria is also met: 1. The image on the sign may 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 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. 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. 4. The changing message sign must face a City street that has a stieed limit no greater than 25 miles tier hour and the City street has no more than two lanes. B. Notice of understanding: Any public facility that installs and operates a changing message sign must submit a letter to the Director of the Department of Community Development, signed by the appropriate manager /administrator, which notes understanding of the above requirements and an assurance that the sign will be used in the appropriate manner as stated in TMC 19.32.300(A)(1 -3). C. Order of Removal: The Director of Community Development shall order the removal of any sign constructed pursuant to TMC 19.32.300 if the sign is used in such a way that violates the provisions of this chapter. D. The language codified in TMC 19.32.300 shall sunset exactly one year from the effective date of the ordinance that adopted the code language. Any public facility that Q: \Sign \School District \RR\ Version 2.DOC BM kn 8/2/2006 Page 2 of 3 PROPOSED VERSION NUMBER 2 installs and operates a changing message sign must continue to comply with TMC 19.32.300(A)(1 -3) for the life of the sign, and will be considered a non conforming sign and subject to the limitations in TMC 19.30. Section 4. 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 5. 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 Lr1 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. 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: Attachments: Q: \Sign \School District RR\Version 2.DOC szvr:im 812rz005 Page 3 of 3