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HomeMy WebLinkAboutOrd 2292 - Moratorium on Sign, Development and Electrical Permits (Repealed by Ord 2304) Repealed by 2304 '„-ct tifP' 1 k 1908,, City of u la Washington Ordinance No. 2292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF 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 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 of -date 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 non conforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City that would result from 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; Ordinance No. 2170 adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180 and 2202, expanded by Ordinance No. 2208, and renewed again by Ordinance Nos. 2225 and 2246; 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 No. 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 a total of six 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, on January 29, 2009, the City Council and Planning Commission were briefed at a joint meeting on the recommendations of the Sign Code Advisory Committee; and WHEREAS, in the Fall of 2009, the Planning Commission conducted work sessions to review in detail the recommendations of the Sign Code Advisory Committee; and WHEREAS, on March 18, 2010, the Planning Commission, conducted a public hearing, on the proposed draft Sign Code; and WHEREAS, on April 22, 2010, the Planning Commission, adopted a motion recommending that the City Council adopt a new Sign Code; and WHEREAS, on June 14, 2010, the Community Affairs and Parks Committee received their first briefing on the new Sign Code; and W: \Word Processing \Ordinances \Sign Code Moratorium NEW.docx Page 1 of 3 ksn 6/15/2010 WHEREAS, the entire City Council will likely begin their review of the new Sign Code in the summer of 2010; and WHEREAS, the current moratorium has since expired before the new Sign Code has been adopted; 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 TMC Title 19, "Sign Code," 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS 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 TMC Title 19, "Sign Code." Section 3. Moratorium Imposed. A. 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 that would be classified as an "Electronic Sign," as defined under TMC Section 19.08.055; any sign that would be classified as an "Animated Sign," as defined under TMC Section 19.08.030; any sign that displays a "Holographic Display," as defined under TMC Section 19.08.105; and any sign considered a "Scoreboard," under TMC Section 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 Section 19.12.050, "Exceptions- Permits Not Required," and TMC 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. B. 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 that would be classified as a billboard under TMC Section 18.08.050. Existing billboards may continue to replace their existing copy, pursuant to the limitations established under TMC Title 19. C. A moratorium is hereby established on the filing of sign, development and electrical permits for erection, re- erection and construction of any sign, taller than six feet in height that would be classified as a "freestanding sign," as defined under TMC Section 19.08.070. Height shall be determined pursuant to TMC Section 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 Section 19.12.050, "Exceptions- Permits Not Required," and TMC Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with TMC Title 19 may have face changes and install panels, subject to the permit requirements of TMC Section 19.12.010 and other applicable sign development standards found in TMC Title 19. D. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of any "freeway interchange sign," as permitted under TMC Section 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 Section 19.12.050, "Exceptions- Permits Not Required." Existing freeway interchange signs shall not be permitted to install new sign panels or change the copy of the freeway interchange sign until the moratorium is no longer in effect. W \Word Processing \Ordinances \Sign Code Moratorium NEW docx ksn 6/15/2010 Page 2 of 3 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. 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 21st day of June 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty CMC, Cit lerk APPROVE( TO RM BY: Jim Haggerton Mayor W \Word Processing \Ordinances \Sign Code Moratorium NEW docx ksn 6/15/2010 sled with the City Clerk: 4,, 6 -Jr Passed by the City Council: b 10 Published: b -.It/V/0 /0 Effective Date: Ordinance Number: A Page 3 of 3 SUMMARY OF Ordinance No. 2292 City of Tukwila, Washington On June 21, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2292, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on June 21, 2010. Published Seattle Times: June 24, 2010 Christy O'Flahert had? CMC, City Clerl'