HomeMy WebLinkAboutSpecial 2003-06-23 Item 3A - Ordinance - Amend Sign Code Regulations for Animated Signst °ITEM INFORMATION, x 3$
CAS Number: 03-076 l I Original Agenda Date: 06 -09 -03
Agenda Item Title: Adopt the proposed code amendments pertaining to animated signs.
I Original Sponsor: Council
Timeline:
Sponsor's Summary: Adopt the proposed code amendments pertaining to animated signs.
Reconnnendations: Adopt the proposed code amendments pertaining 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):
Meeting Date
06 -09 -03
COUNCIL AGENDA SYNOPSIS
Meeting Date
06 -09 -03
06 -23 -03
Admin.
Action
Briefing on code amendments related to animated signs.
I
Initials ITEM NO.
Prepared by Mayor's review 1 Council review I Special
S.L. 1 Meeting
S L.144 J4 1 n t._.
X
Meeting Date I Attachments
06 -09 -03 1 Memo from Steve Lancaster dated 06- 04 -03.
1 06 -09 -03 I Proposed draft ordinance -sign code changes re: animated signs.
106 -09 -03 I CAP minutes 03 -10 -03
106 -09 -03 1 CAP minutes 03 -25 -03
06 -09 -03 1 Planning Commission meeting minutes April 24, 2003 and May 22, 2003(draft).
106 -23 -03 1 Proposed ordinance.
3.a.
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and
19.08.030 Animated Sign.
19.08.055 Electronic Sign.
City of Tukwila
Washington
Ordinance No.
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 TUICWILA 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
1.
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
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 CITY 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:
"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 appear 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 shall not be construed to be animated.
Section 2. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as
follows:
Animated signsi. 6/19/03
"Electronic Sign" means a sign containing a display that can be changed, by electrical, electronic
or computerized process.
Section 3. A new definition is hereby added to TMC Chapter 19.08, "Definitions as
foIIows:
19.08.105 Holographic Display.
"Holographic display" means any display 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 face at its maximum brightness, during daylight hours, and 500 nits
when measured from the sign's face at its maximum brightness between dusk and dawn, i.e. the
time of the day between sunrise and sunset.
C. For signs using incandescent lamps, such lamps shall 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 copy or message on an electronic sign so long as the
advertising copy or message is not changed at a frequency more rapid than once every 24 hours.
A change in the advertising copy or message that occurs more rapidly than once every 24 hours
will cause the sign to be considered to be an animated sign under TMC 19.08.030 and is
prohibited under TMC 19 28.010(3).
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 signs2 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, including 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 19.08.030.
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
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
n,imaredsignr3 6/19/03 3
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. Holographic displays.
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
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Steven M. Mullet, Mayor
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