HomeMy WebLinkAboutCOW 2003-06-23 Item 3A.1 - Public Hearing - Ordinance Amending Sign Code Regulations for Animated SignsINFORMATION 2
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CAS Number: 03-076 I Original Agenda Date: 06 -09 -03
Original Sponsor: Council Admin.
I Timeline:
Sponsor's Summary: Public Hearing on code amendments pertaining to animated signs.
Recommendations: Hold a public hearing on the proposed code amendments related to animated signs.
Sponsor:
Committee: CAP referred to the Planning Commission; March 25, 2003
Administration:
I Cost Impact (if known): None
Fund Source (if known):
1 Meeting Date
06 -09 -03
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COUNCIL AGENDA SYNOPSIS
Meeting Date
06 -09 -03
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Initials---
Prepared by 1 Mayor's review 1 Council review
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Agenda Item Title: Public Hearing on code amendments pertaining to animated signs.
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Action
Meeting Date
06 -09 -03 1 Briefing on code amendments related to animated signs.
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Attachments
Memo from Steve Lancaster dated 06- 04 -03.
Proposed draft ordinances -sign code changes re: animated signs.
CAP minutes 03 -10 -03
CAP minutes 03 -25 -03
Planning Commission meeting minutes April 24, 2003 and May 22, 2003(draft).
Memo from Steve Lancaster dated 06 -18 -04
Proposed ordinance (strikeout/underline version)
ITEM NO.
City of Tukwila
Department of Community Development
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To: The Committee of the Whole U-,7
From: Steve Lancaster, DCD Director
L
Date. June 18, 2003
Re: Proposed Code Amendments relating to animated signs.
Background
A public hearing has been scheduled for the proposed amendments to the sign code related to
animated signs Planning Commission has recommended banning animated signs but allowing
electronic signs and restricting the maximum brightness levels.
Additional clarification requested
At the previous council meeting it was requested the section of the ordinance on light levels
should be clarified such that light levels for signs that use incandescent lamps should be separate
from the LED brightness section. These changes have been incorporated in the revised ordinance.
Recommendation
Hold the scheduled public hearing.
MEMORANDUM
Steven M. Mullet, Mayor
Steve Lancaster, Director
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3663
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1274, 1892, 1913 AND 2004;
AND VARIOUS CHAPTERS OF THE TUKWILA MUNICIPAL CODE, TITLE 19,
"SIGN CODE," RELATING TO ANIMATED OR ELECTRONIC SIGNS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Tukwila established a six-month moratorium on
electronic signs on March 17, 2003, to consider policy issues related to regulation of electronic
signs; and
WHEREAS, the City of Tukwila desires to update the sign code language to reflect current
technology, while retaining existing restrictions and the ban on movement and flashing; and
and
WHEREAS, the City of Tukwila desires to increase safety and minimize driver distractions;
WHEREAS, the City of Tukwila wishes to regulate the electronic signs in order to enhance
the visual environment of the city; and
WHEREAS, on April 24, 2003 the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the sign code
regarding animated signs, and on May 22, 2003 adopted a motion recommending the proposed
changes; and
WHEREAS, on June 23, 2003, the Tukwila City Council, following adequate public notice,
held a public hearing to receive a testimony concerning the recommendations of the Planning
Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1274 §1 (part), as codified at TMC 19.08.030, is hereby amended to
read as follows:
19.08.030 Animated Sign.
"Animated sign" means any sign or portion of which physically moves, appear to flash.
undulate. nulse or nortrav exnlosions. fireworks. flashes of light. or blinking or chasing lights. or
which annear to move toward or away from the viewer. to exnand nr contract. bounce. rotate,
spin twist. scroll. travel or otherwise nortrays movement or animation at a freauencv mnre
ranid than once every 24 hours. including rotatic-. w. ;.rich letter_ a .r figures appear to
a- rite -o` than tcn times per minute and which utilize lamps of ::.ore than 15 watts
are ed-- perHens ef Sums nr nortions of skins disnlavine a chaneine,
message content that is strictly limited to time date nr temnnrature shall not he construed to be
animated.
Section 2. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as
follows:
Animated signs -1 6/19/03
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19.08.055 Electronic Sign.
"Electronic .Sion" means a sign containing a disnlav that can be changed. by electrical. electronic
or rmmnuterized nroress.
Section 3. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as
follows:
19.08.105 Holographic Display.
"Hologranhic disnlau" means any disnlav that creates a three dimensional image through
projection.
Section 4. Ordinance 1274 as codified at TMC Chapter 19.16, "Design and Construction," is
hereby amended to add regulation for light levels of signs as follows:
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 fare at its maximum brightness. during daylight hours. and 500 nits
when measured from the sign's fare at its maximum brightness between dusk and dawn. i.e. the
time of the day between sunrise and sunset.
C. For signs using incandescent lamas, such lamps shah be no more than 15 watts.
Section 5. Ordinance 2004 §1, and Ordinance 1913 §1, as codified at TMC 19.12.050, are
amended as follows:
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 cony or message on an electronic sign so long as the
advertising cony or message is not changed at a freouencv more rapid than once every 24 hours.
A change in the advertising cony or message that occurs more ranidly than once every 24 hours
will rause the sign to he considered to he an animated sign under TMC 19.08.030 and is
prohibited tinder TMC' 19.28. 010(31.
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 six 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 four 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, four square feet in area or less,
which is affixed permanently on a plane parallel to the wall that is located entirely on private
property.
Animated signs -2 6/19/03 2
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 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 twelve 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, sidewalk, or City -owned or operated vehicle, or any public
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, induding notation of place
and date of regular activity meetings.
16. Temporary signs displayed on City of Tukwila parks 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 Section 19.04.020.
Section 6. Ordinance 1892 §3, and Ordinance 1274 §1 (part), as codified at TMC 19.28.010,
are amended as follows:
19.28.010 Designated.
The following signs or devices are specifically prohibited:
1. Signs adjacent to State roads and not complying with Washington State
Department of Transportation regulations.
2. Signs using the words "stop, look" or "danger or any other word, symbol,
character or color which might confuse traffic or detract from any legal traffic control device.
3. Animated signs as defined in TMC 19. 08 unless cpecifi ally approved as a
nth signing is deemed :o the type of marketing customary- ie-a
Fueh- I t .12. 1 3 _:._..,fists f a permanent fixture, and symb Is r letters 1
plastic, metal or elcctronieally controlled material,
c. f limited to tin:, '_ate, temperature, or
business hours.
4. Rooftop signs supported by exposed trusswork and wall mounted signs extending
above the parapet line.
5. Unique signs unless specifically approved as a Type 4 decision; permits may be
approved if in the judgment of the Planning Commission or, on appeal, the City Council, the
effect of the proposed sign would not contribute to a cluttered, confusing or unsafe condition.
6. Permanent off premises signs, except shared directional signs as provided in TMC
19.32.020, billboards as provided in TMC 19.32.040, freestanding signs for City of Tukwila or
Tukwila School District buildings, facilities, parks or properties, public libraries, freestanding
signs for cemeteries, public parks, historic sites, and planned shopping centers (mall) signs as
Animated signs -3 6/19/03 3
provided in TMC 19.32.150. Any signs permitted under this section must meet all underlying
height, setback or area requirements, except for those signs specifically provided for in other
sections of this code, and must obtain a permit from the Department of Community
Development.
7. Strings of pennants, banners or streamers, festoons of lights, clusters of flags, wind
animated objects, balloons and similar devices of a carnival nature except as specifically
provided in TMC Chapters 19.12 and 19.24. Not prohibited are national, State, and institutional
flags properly displayed or temporary signs and decorations customary for special holidays,
such as Independence Day, Christmas, Tukwila Days, and similar events of a public nature.
8. Portable signs or any sign which is not permanently mounted, including sandwich
or "A" boards, except as provided in TMC 19.24.050 and TMC 19.32.160.
9. There shall be no signs or sign supports which shall obscure vision between the
height of three feet and ten feet of the street or driveway grade allowed within 40 feet of the
intersections of streets and /or driveways.
10. Signs mounted or painted on stationary motor vehicles, trailers and related devices
in order to circumvent the intent of this code.
11. Off premises signs located within the "shoreline zone" as described in Chapter
18.44; on- premises, permanent signs located within the shoreline zone and specifically oriented
to be visible from the "river environment," TMC 18.44.130.
12, Hologranhic disnlays,
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. 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 and effect five (5) 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 2003.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Animated signs -4 6/19/03
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date.
Ordinance Number:
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