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HomeMy WebLinkAboutCOW 2010-08-09 Item 3B - Ordinance - Sign Code1 CAS NUMBER: 10-073 SPONSOR'S SUMMARY REVIEWED BY EXPENDITURE RIEQUIRED Fund Source: N/A Comments: N/A MTG. DATE 6/28/10 7/12/10 MTG. DATE 6/28/10 7/12/10 8/9/10 COW Mt n Utilities Cmte Meeting Date 06/28/10 07/12/10 08/09/10 08/16/10 COUNCIL AGENDA SYNOPSIS Prepared by CA &P Cmte n Arts Comm. Imttals Mayor revie re ITEM INFORMATION 1 ORIGINAL AGENDA DATE: JUNE 28, 2010 AGENDA ITEM TITLE Review of the Planning Commission Recommended Draft Sign Code CATEGORY Discussion Motion Resolution Ordinance Bid Award Mtg Date 8/9/10 Mtg Date Mtg Date Mtg Date 8/16/10 Mtg Date Mtg Date 6/28/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire n Legal P&R Police PW/ In 2007, the City Council identified a need to update the City's sign code because only piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Recommended Draft Sign Code is ready for review and consideration by the City Council. F &S Cmte Parks Comm. Council review 0j. RECORD OF COUNCIL ACTION Forward to 7/12/10 Committee of the Whole Forward to 8/9/10 Committee of the Whole ITEM No 3 6. Public Hearing Other n Transportation Cmte Planning Comm. DATE: 6/14/10 CAP, 6/28/10 COW RECOMMENDATIONS: SPONSOR /ADMIN Department of Community Development COMMITTEE No Recommendation on adoption, forward to C.O.W for discussion COST IMPACT FUND SOURCE AMOUNT BUDGETED $0 APPROPRIATION REQUIRED ATTACHMENTS Informational Memorandum dated June 22, 2010 Ordinance in draft form Sign Code Comparison Matrix Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 Legislative History Index Informational Memorandum dated 7/2/10, with matrix attachments Informational Memorandum dated 7/26/10 Ordinance in draft form, with attachments Informational Memos Matrix attachments from 6/28 and 7/12 Council meetings (Please bring your Sign Code binders) 10 TO: FROM: Nora Gierloff, Deputy DCD Director DATE: July 26, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code BACKGROUND At the June 28, 2010 Committee of the Whole Meeting, staff provided an overview of the Planning Commission Recommended Draft Sign Code (hereinafter "Draft Sign Code). After Staff's presentation, the City Council conducted a public hearing and received both written and oral testimony on the Draft Sign Code. At the July 12, 2010 Committee of the Whole meeting staff provided a matrix of the substantive comments on the Draft Sign Code with a staff response and recommended action. Dunng the July 12 meeting, the City Council discussed the public comments and staff recommendations. Following this discussion, the City Council provided input to staff on changes that they wanted to incorporate into the Draft Sign Code. The following matrix fists proposed substantive changes that have been made to the Draft Sign Code which is included at Attachment "A The changes reflect the input provided by the City Council at the July 12"' meeting as well as additional changes made by DCD Staff and the City Attorney's Office. There have also been some small technical corrections which are not listed in the matrix, but can clearly be seen in the strikeout/underlined version of the Code provided in the Council packet. Issue 1. Additional Whereas Clause 2. Display of Flags TMC 19.12.030 (12) 3. Notice of Complete Application TMC 19.12.060(D) City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole Proposed Clianee to Draft Sien Code_ Discussions WHEREAS. the City desires to adopt Some current sign regulations sign regulations that are easily understood by the City's business and residents and to that end wishes to consolidate all sign regulations under one Title; and Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. Display of a flag showing the emblem governmental unit. An application shall be conclusively Department's issuance of a notice of complete application as provided in can be found in TMC 11. Having the sign regulations split between two Titles is not user friendly. This whereas clause clarifies that the City's goal to consolidate all sign regulations under one title. Change is being made to reflect language proposed by Planning Commission. Language is redundant and not needed. Jim Haggerton, Mayor 11 12 INFORMATIONAL MEMO Page 2 4. Sign Code Violations TMC 19.12.170 5. Lighting of signs in Residential Zones. TMC 19.20.030(B)(6) 6. Dynamic Signs in Residential Zones. TMC 19.20.030(D)(1)(d) 7. Number of Permanent Freestanding Signs in Commercial /Industrial Zones, Changes to Table 1 TMC 19 20.040 (1) Table 1 8. Placement of Permanent Freestanding Signs in Commercial /Industrial Zones, Changes to Table 1 W InfoMemos\SignCode8- 9- 10.doc expiration of the time periods for issuance of such a notice as provided in Subsections B or C hereof. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. If subsequent violations occur within the next 18 months, to the followingftnes: 1.2nd violation $200 2.3rd violator $409 3. ^.th violation $800 The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D) 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. Maximum brightness levels for electronic signs shall not exceed .3 foot candle above ambient light conditions. measured 100 feet from the face. Two if -here are two or more vehicular street access points. One for every 400 feet of linear street frontage. Each sign must be located near a vehicular street access point. Only one sign per access point. Staff initiated change to reflect concerns raised by Councilmember Ekberg. Instead of increasing fines, a flat fine has been included. The actual fine amount will be determined by the Director on a case by case basis given the unique situation of the violation. This language was proposed by the NW Sign Council. The language helps prevent spill over effect from signs in residential zones. This language was proposed by the NW Sign Council. The language helps prevent spill over effect from signs in residential zones. Staff initiated change which Council supported at July 12` meeting. Clarifies that two signs are allowed outright for certain properties regardless if multiple access points are located on the property. Staff initiated change which Council supported at July 12 meeting. Removes requirement for signs to be located near access points. Also removes INFORMATIONAL MEMO Page 3 TMC 19.20 040 (1) Table 1 9. Signs for corner properties or properties with multiple street frontages. TMC 19.20.040 (2) 10. Undeveloped Rights of Way TMC 19.20.040(6) 11. Signs in Underground Utility Easements and Corridors TMC 19.20.040(7) 12. Awning Face Signs W InfoMemos\S ig nCode8- 9- 10.doc Special Comer Properties or Properties with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument scan per street frontage if the following criteria are met: a. The property has as at least 200 feet of frontage on each public street where a sign will be placed: b. Each public street provides direct access to the property: and c. For each separate street frontage Table 1 shall be used to determine the design standards for anv proposed monument sign. eveloped Rights of Way. In some areas of the City such as Interurban Avenue where large undeveloped rights of way are present, the City shall allow these areas to be considered the pr raise of the adjacent properties and will allow monument ccc areas. The property owner must secure peal sieri from the n.-.Jner of th right of way and also agree to maintain the non along with his /her adjacent property The sign setback will be calculated the street. Easements and Corridors. Where corridors have be n established, no signs shall be located in the earn-dor-Of easement, unless expressly specific d by the entity holding the easement. It is the responsibility of all applicants to know the location of all easements on their premise Awning face signs are only peiiiiitted limit on number of signs near access points. Staff initiated change which Council supported at July 12 meeting. This issue was noted by Jerome Baruffi at the Council meeting on June 28 This will allow some properties to have additional freestanding signs even if they do not meet the 800 feet linear frontage requirement found in Table 1. City Attorney recommended change. The issue of signs in undeveloped rights of way is already addressed by the definition of premise. City Attorney recommended change. The language is redundant and does not need to be included in the Sign Code. Placement of signs in easements is covered by easement agreements between the property owners and individual having the rights to the easement. Staff initiated change which 13 INFORMATIONAL MEMO Page 4 TMC 19 20.050 (B)(2) 13. Parking Incentive Signage TMC 19.20.050 (H) 14. Opt Out Chapter TMC 19.22 15. Signage for Essential Public Facilities TMC 19.32.020 (2) 16. Maximum Size of flush mounted wall signs under the Master Sign Program TMC 19 32.060 (A)(2) 14 VV 1 20101nfoMemos \SignCode8- 9- 10.doc on awnings located over a public entrance to a building. The sign area may be distributed among multiple awnings on an exposed building face. No change in actual language, moved from Master Sign Program to Incentive Sign Section of Chapter 19.20. Entire new chapter added to provide an "opt" out provision for properties within the Tukwila Urban Center. The Chapter applies to TM 19.20 which provides regulations for permanent signage. The "Opt Out" Chapter will allow signage consistent with the current sign code. A property that chooses to opt out cannot benefit from the new sign code (i.e. obtaining additional freestanding signage or incentive signage allowed under TMC 19.20. A request to opt out must be provided to the City within one year from the effective date of this Chapter. Essential Public Facilities within commercial or industrial zones. Uses that provide emergency services (i.c., public safety may be jeopardized by 's ggi3 Code. Increase in the area of a flush mounted building sign allowed per Section 19.20.050.A shall be allowed as follows: a. For premises un to 85 acres in size. the flush mounted building sign can be increased to six percent of the exposed building face. un to a maximum of 250 square feet. b. For premises 85 acres and Council supported at July 12"' meeting. Will clarify that signs on awnings can extend on multiple awnings on the same facade. Staff initiated change which Council supported at July 12 meeting. Moving the language from the Master Sign Program will allow all parking garages to qualify for the incentive signage, not just those located on properties eligible for the master sign program. All existing parking garages in the City would be eligible for this signage. Council initiated change at the July 12` meeting. Chapter will address the concerns raised by Bob Schofield. Note that it will apply to the entire Tukwila Urban Center as the Southcenter Parkway corridor is not differentiated enough to provide a logical distinction for sign purposes. Staff initiated change which Council supported at July 12"' meeting. Change was recommended by Pam Carter at the June 28 Council meeting. This change will allow all essential public facilities in commercial and industrial zones to qualify for the Master Sign Program. Council initiated change at the July 12 meeting. Proposed change was recommended by the Westfield Southcenter. The change will allow sites over 85 acres to have flush mounted signs of 6% or 500 square feet which ever is less. The Council expressed concern about having large wall signs near the street. Staff is recommending that no INFORMATIONAL MEMO Page 5 17. Billboard, Public Messaging TMC 19.38.040 (4)(b) 18. Billboards, Rate of Change TMC 19.38 040 (4)(g)(4) 19, Billboard, Street Tree Pruning TMC 19.38.040 (5) W I nfoMemos\SignCode8- 9- 10.doc over in size, the flush mounted, building sign can be increased up to six percent of the exposed building, face up to a maximum of 500 square feet, provided that no flush mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. To qualify for the billboard area increase a billboard provider must provide a total of 28 days of message time for civic events. If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. every minute. The Director of DCD and the Director of PW shall have the authority to modify the rate of change if th applicant provides sufficient documentation that a more safety risk to adjacent roadways. The documentation provided -by the install the billboard shall pay the full cost for the third party review. Jn no case shall the DCD and PW Director permit a rate of change that is more frequent than once every six seconds. Billboard Placement. Street Tree Pruning Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished which will wall sign with an area greater than 250 square feet be permitted closer than 250 feet to a public street. Staff initiated change which Council supported at July 12` meeting. Will provide a minimum duration in which billboard companies have to make their signs available for the advertising of civic events. Staff initiated change which Council supported at July 12 meeting. Will make the rate of change consistent with WSDOT standards. Staff initiated change which Council supported at July 12 meeting. The change will allow billboard owners to prune City street trees, if necessary. 15 INFORMATIONAL MEMO Page 6 20. Signs in ROW 21. Attachments DISCUSSION 1 6 W12010 InfoMemos\SignCode8- 9- 10.doc avoid conflicts between the billboard and current or future street trees pruning of the street trees is permitted, provided: a. The applicant obtains a street use permit from the Citv's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures. sidewalk closures, etc. b. All pruning is done by the applicant and all cost is borne entirely by the applicant. c. All pruning activities are supervised by a certified Arborist and all pruning complies with ANSI A300 as currently written or as may be amended. d. Only those street trees on or adiacent to the property where the billboard is located are eligible for pruning, e. In the event of death of the tree(s) as a result of the pruning activities. the applicant shall be responsible for paving the landscape value of the tree(s) as determined by a certified arborist or landscaping architect. Section 11. Signs Prohibited within the Right -of -Way. All regulations regarding the placement of signs within the City's Right of Way found in TMC Section 11.24.070 (B) are hereby repealed. Two maps showing the billboard receiving areas outlined in TMC 19.08.067 have been added as attachments D and E to the ordinance. Staff initiated change. Cleans up TMC to place sign regulations under one Title. Staff initiated change, provides a good visual reference tool for both staff and applicants. Similar maps had been provided to the City Council as part of the Sign Code Update binder (See Tab, "PC Written Comments The goal of tonight's meeting is to complete the review of the Draft Sign Code and to ensure that all edits and modifications proposed by the City Council have been reflected in the Code. After tonight's meeting, staff will prepare a final ordinance for the Council consider at the August 16 Regular Council Meeting. INFORMATIONAL MEMO Page 7 RECOMMENDATION Staff recommends that the changes reflected in the strikeout/underlined version of the Draft Sign Code, included as Attachment "A be accepted by the City Council. Staff proposes bringing the final ordinance back to the City Council on August 16 for possible action by the Council. If Council adopts the sign code at the August 16 meeting, staff would also suggest that the current moratorium on the placement of certain signs within the City be repealed. ATTACHMENTS A. Ordinance in strikeout/underlme format. W:12010 I nfoMemos\SignCode8- 9- 10.doc 17 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17 ,1857,1892,1913,1964,1982,1995 §1(part) 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non motorized forms of transportation, and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed -use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citizens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six times to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and Planning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, the City desires to adopt sign regulations that are easily understood by the City's businesses and residents and to that end wishes to consolidate all sign regulations under one Title; and WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and W \Word Processing \Ordinances \Title 19 Sign Code .docx BM:rnrh 08/04/2010 DRAFT Page 1 of 30 19 20 WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and WHEREAS, on April 22, 2010, the Planning Commission passed a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections. A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area W\ Word Processing Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 2 of 30 Regulations and /or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19.08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 "Awning" means a fabric- covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Atoning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 "Awning/Canopy Sign, Under" means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building Mounted Sign" means a sign permanently attached to a building and includes flush mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial, those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial, all properties located along Boeing Access Road; and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this Title are satisfied. Attachment D and E are mans that show the billboard receiving areas listed with this definition. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City 19.08.070 "Cabinet Sign" means a geometrically- shaped sign with a translucent face, backlit by an internal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 "Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI, TVS or TSO. 19.08.084 "Corner Projecting Sign" means a tall, vertically- oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department" means the Department of Community Development or subsequent organizational successor 19.08.091 "Digital Billboard" means an off premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign W:\ Word Processing\ Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 3 of 30 21 2 except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that cart be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face" means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry /exit point or industrial zone, but not separated by a physical barrier from the entry /exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted in Attachment C, attached hereto. 19.08.150 "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H. 19.08.155 "Institutional Use" means any non residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 "Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi Family Complex" means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.185 "Off- Premise Signage" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Structure Incentive Sign" means a flush mounted building sign permitted on parking structures and intended for periodic changes in copy 19.08.195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. W Word Processing Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 4 of 30 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. 19.08.235 "Sign" means materials placed or constructed, or Iight projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.247 "Tukwila Urban Center" is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zonimt Map kept on file with the Department of Community Development. 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Corridor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18 -9 19.08.265 "Window Sign" is a sign applied to a window or mounted or suspended directly behind a window 19.08.270 "Window Sign, Temporary," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 "Wireless Connnunications Facility" means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City Permits W \Word Processing Ordinances \Title 19 Sign Code .docx BM: nut 08/02/2010 Page 5 of 30 23 24 presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions Sign Permits Not Required. The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. 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. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non commercial speech. 3 Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7 Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9 Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 11. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of up to three flats, each on individual flag poles, ncr premise. Content of the flags is not reeulated.Display-ef a flag sho' thc. cmblei11 or insignia of a nation or other• geve1 1inelntal-ianit: 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; W.\ Word Processing OrdinanceATitle 19 Sign Code .docx BM:rnrh 08/02/2010 Page 6 of 30 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement without City and /or State approval; 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4; 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation; 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind animated objects, balloons and similar devices except as provided under Section 19.24.060; 7. The use of portable signs or other similar devices, unless permitted under Section 19.24.070; 8. Dynamic signs, except those types specifically permitted under this code; and 9. Abandoned signs. 19.12.050 Party-of- Record. Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party-of- record. The applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28 -day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14 -day period that the application is incomplete. D. An application hal --be conclusivoly deemed to be comple'_c an the Departmenth issuance of a -ietice of-- eerrnplete-application as- pfevideel E asee- t-iens A oi- G- hereof, or the eiipirzntiorn- ef- t1ie- -tinne per4ods -for issrrauee- ef- &uth -a netiet>- as-pre led --in- Subsections -B--er C kanasfi D.R: The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. EP The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. FG.The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. W\ Word Processing Ordinances \Title 19 Sign Code .docx BM:n rh 03/02/2010 Page 7 of 30 25 26 B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed, 4. a site plan; 5. a statement establishing a public comment period, which shall be 14 days following the date of the Not of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. the procedures and deadline for filing comments, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application; 7. the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. F Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application, the staff report and any environmental documents or studies can be reviewed; 4. a site plan; 5. the date, time, place and type of hearing; 6. the phone number of the Departrent and the name of the staff person who can provide additional information on the application and the hearing; 7. the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and IN• \Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 8 of 30 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period. 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department. 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain: 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the W \Word Processing \Ordinances \Title 19 Sign Code .docz BM:nvh 03/02/2010 Page 9 of 30 27 28 relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. 19.12.160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19 12.120 and 19.12.130., 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and /or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right of -way, easements under City control or property owned and /or controlled by the City No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten -day period has expired, the City shall have the right to dispose of the signs. D. Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non- Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45 The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: W Word Processing \Ordii ances \Title 19 Sign Code .docx BM:ir 08/02/2010 Page 10 of 30 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review. The City's Building Official may require that proposed building- mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building- mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building- mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City 6. If a building mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned as defined by TMC Section 19.08.020 The particular mitigation measures shall be based on the circumstances outlined below. 1. Non- conforming Freestanding Sign. In the event that a non conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City 2. Non conforming Building- Mounted Sign. In the event that a non- conforming building mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City The building wall shall be completely restored, as ordered by the Director 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building Mounted Sign. In the event that a conforming building- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. W \Word Processing \Ordinances \Tide 19 Sign Code .docx BM:nurh 03/02/2010 Page 11 of 30 29 30 B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building mounted signs. 9. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush- mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (Dl- The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) Design Standards. W Word Processing Ordinances \Title 19 Sign Code .docx BM:nvh 08/02/2010 Page 12 of 30 1. The maximum area of any flush mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush mounted building sign be greater than 50 square feet. 2. Lighting for flush mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones. 1. One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: seconds. a. The image of the sign may not change more frequently than once every ten b. 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, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 10PM. d. All signs shall have installed ambient light monitors. and shall at all times allow such monitors to automatically adiust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed .3 foot candle above ambient light conditions. measured 100 feet from the face. 2. Notice of Understanding. The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he /she understands and agrees to abide by the above requirements. 19.20.040 Permanent Free Standing Signage in Commercial/Industrial Zones. Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free standing monument style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi public streets, per Table 1. Table 1- Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Total ROW of Allowable Sign Message Premise Area Less than I 36 square feet per 400 feet I side /72 square feet total 400 -599 feet 50 square feet per side /100 square feet total 600 -799 feet 60 square feet per side /120 square feet total 800 -999 feet 66 square feet per side /132 square feet total 1,000 feet 72 square feet per and over side /144 square feet total W' Word Processing \Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Total Allowable Sign Size 54 square feet per side /108 square feet total 70 square feet per side /140 square feet total 80 square feet per side /160 square feet total 88 square feet per side /176 square feet total 96 square feet per side /192 square feet total Maximum Height 6 feet 7 feet 7 feet 8 feet 8 feet Number of Signs One One One Two One for every 400 feet of linear street frontage. a. Allowable sign message area is either the face panel of the sign, or for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Special Corner Properties or Properties with Multiple Street Fronhrees. A property that borders on more than one public street. but has less than 800 total feet of linear frontage. is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has as at least 200 feet of frontage on each public street where a sign will be placed, b. Each public street provides direct access to the property: and Page 13 of 30 31 32 c. For each separate street frontaeze Table 1 shall be used to determine the desir -o standards for anv proposed monument signn. 32. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 43. Maximum Width. The maximum permitted width of a monument sign is 15 feet. 54. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. E thfilevekvea,- ,'gift f-WRi n some— asseas of the City- stieh -as Interurban Avenue where largs us eveleped rights of way c present, the City shall allow these areas to be ccnsi_dcrcd part of-thc premise of the- adlaeer +t r'epei4ics :n will al'_aw man ti et+t- signs cer the adjacent r_cr:lisc to b_ p €ed within these areas. The property- ew-ier =must se£triE: I, 3::_. =SS :3r f-rem the-owner of -the- -night of way -a1co a ree-t s-- nlainiein -the travr4le portiorref-the right- ef-way a-1eng- it his /hei tijacent preperly-- T-he-aigrtsetback will be calculated frcri.:he back edge of the side stared edge, whichever is furthei rom the street: 76. Sig-ns in Lin rrx+ -l4tilih €+zseive.+ts -acid Coriiekrrs. N here- uiideegreixad --r lsements and /s_ sa_- riders have bccn established, ::e signs shall- be-leeatcd in the r _atici' cr ssescmcnt, inie e ressly speei€ie- permission is-g+ant -ed- by- -the -entity held-itig the case ient-t-is he responsibility of all_, aiits -to know the loc tien of all caacnicnts on -thei remise. 19.20.050 Permanent Building Mounted Signs in Commercial and Industrial Zones. A. Flush- Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Permitted Sign Area Face (EBF) in Square Feet 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 110 square feet Over 5,000 150 square feet maximum size permitted B. Awning Face Sign. An awning face sign may be substituted for a flush mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed amongCity will consider multiple awnings on an exposed building face -ffc_ individual tenant space to be ens awning. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. W \Word Processing Ordinances \Title 19 Sign Code .docx BM:nuh 08/02/2010 Page 14 of 30 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building- mounted sign when the following standards are met: 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5 No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D Corner Projecting Sign. In order to foster an urban -style environment, a corner projecting sign may be substituted for a projecting sign allowed under Section 19.20.050 C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each comer of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy 4. The length of the sign may not exceed two- thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. Under- Awning/Canopy Sign. a. Under awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Awning/Canopy Side Sign. W \Word Processing Ordinances \Title 19 Sign Code docx BM:rnrh 08/02/2010 Page 15 of 30 33 34 signs. a. Only awnings /canopies that are over exterior public entrances are permitted b. Only one awning /canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two- thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. c. No more than ten percent of the total ground -floor transparent- window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." G. Parking Garage Incentives. The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above ground parking levels. W \Word Processing \Ordinances \Title 19 Sign Code .docx BM:nvh 08/02/2010 Page 16 of 30 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally illuminated cabinet signs are not permitted. 5 Each sign may be a maximum of 288 square feet in area. 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7 A maximum of two parking structure incentive signs are allowed per parking structure wall. 19.20.060 Pole Banners. A. Pole banners are only permitted in the Tukwila Urban Center zone. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the barrier permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chanter 19.22 "Tukwila Urban Center Out-Out Provision." hereby reads as follows: 19.22.010 Purpose. The Tukwila Urban Center defined in TMC Section 19.08.247 is an area of existing development that due to its high traffic counts and auto oriented property configuration is well served by the historical sign regulations. This Chanter establishes an "out out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC 19.20. 19.22.020 Opt Out Permitted. A. A property owner within the Tukwila Urban Center (TUCI may choose to "opt out" of the requirements found in Chapter 19.20 of this Title if the following criteria are met: 1. The property owner of record must submit a letter to the Director of DCD notifying the City of the property owner's intent to "out -out" of Chapter 19.20 within one -year of the effective date of this Title. with copies of the opt out Letter Provided to all tenants on the premise. 2. The letter must include a man identifying all parcels included in the "opt -out" request and verifying that the premise is located within the TUC. 3. An "out -out" request will apply to all buildings. tenants and signs on a premise. 4. The letter must be accompanied bv the fee established in the most current fee schedule. B. Upon receipt of the letter. the Director of Community Development shall confirm receipt and issue a determination regarding whether the property meets the opt -out criteria listed above. 19.22.025 Other Chapters Remain in Force. A decision to opt out as permitted by TMC 19.22.020 is only from Chapter 19.20 and all other chanters of this Title shall remain in full force. Properties that have opted out of the reauirements of Chanter 19.20 are ineligible to participate in the Master Sign Program found in Chanter 19.32 unless the property owner chooses to opt back in pursuant to TMC 19.22.040. 19.22.027 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device under this Chanter shall include the following: 1. Three copies of a completed and signed application form Provided bv the City noting that the sign is proposed on an "opt -out" premise. W Word Processing \Ordinances \Title 19 Sign Code .docx BM:nvh 08/02/2010 Page 17 of 30 35 36 2. Three copies of a dimensioned and scaled site elan showing property lines. streets, buildings and narking areas: the location of all existing freestanding signs on the Premises: and the location of all existing building- mounted signs on the same building as the proposed signs. Generally. the City will not reouire site plans to be prepared bv a licensed surveyor: however, the City shall have the authority to reouire a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the Citv's review of the proposed application. 3. Three conies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If wall signs are proposed, three conies of a scaled elevation of the building walls where the signs will be located indicating_ the location and extent of the exposed building face used to calculate the sign area. 5. Method of illumination. if proposed. 6. Method of support and attachment for wall signs. 7. If freestanding signs are proposed. the scaled and dimensioned footing designs and height calculations. 8. Structural calculations. if reouired per Section 19.16.020. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit 11. Valid Tukwila business license number for the sign contractor. if applicable. 19.22.030 Allowable Sienage. A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs. Each tenant space shall be Permitted one Permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises. The following criteria shall be met for all Permanent wall signs: a. The area of the wall sign shall be a percentage of the area of exposed building face of the tenant space, as calculated per Table 1. Table 1- Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor Area (LxH) of Exposed Building Face (EBF) in Square Feet 0 -500 501 -1,500 1,501 -3,000 3,001 -5,000 Over 5,000 b. The Permanent wall sign must be located on the exposed building face of the tenant space that oualifies for occupied by the business utilizing the sign. c. Only one Permanent wall sign is Permitted per tenant space per exposed building face. 2. Freestanding Signs. One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; b. The site is occupied by at least two tenants: 3. Development Standards for Freestanding Signs. The following development standards shall apply to freestanding signs permitted under TMC 19.22.030 (B): a. Area of Sign. Street Frontage I Sign Area /Sign Up to 200 ft 150 sq ft. with a total of 100 sq ft. for all I W: \Word Processing Ordinances \Title 19 Sign Code.docz BM:mrh 08/02/2010 Permitted Sign Area EBF x .05 or 20 square feet (EBF -500) x .04 25 square feet (EBF- 1,500) x .03 65 square feet (EBF- 3,000) x .02 110 square feet 150 square feet maximum size permitted Page 18 of 30 200 to 400 ft. Over 400 ft. W Word Processing Ordinances \Title 19 Sign Code .docx BM:mrh 03/02/2010 sides. 75 sq. ft. with a total of 150 sq ft. for all sides. 100 sq. ft. with a total of 200 sq ft. for all sides. b. Height. Any permitted freestanding sign shall be not taller than the building which it identifies up to a maximum height of 35 feet. c. Setback. All freestanding ns shall be setback from all property lines a distance equal to the height of the sign. d. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs. Properties that .choose to opt out of the provisions of TMC Chapter 19.20 are prohibited from having any sign which may be considered a dynamic sign. 19.22.040 Right to Opt back In. A property owner that previously chose to out out under TMC Section 19.22.020 may choose to opt back into the signs permitted under TMC Chapter 19.20. A decision to out back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to out back into TMC Chapter 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not confirm to the requirements of TMC Chapter 19.20 and either modify or remove them within 30 -days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC Chanter 19.20 the letter must be accompanied by sign permit applications identifying how they will achieve conformance. Section 76. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. Two copies of a completed and signed application form provided by the City; 2. Two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. Two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed, 5. Length of proposed display; and 6. Fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a perrnit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. Page 19 of 30 37 38 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19 12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19 12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City The use of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5 The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to W: Word Processing Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 20 of 30 be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run -off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent. F. Campaign signs are in addition to any sign permitted under TMC Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right -of -way areas not maintained by an adjacent property owner Section 87. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3 Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5 If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7 Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. W Word Processing\ Ordinances \Title 19 Sign Code ,docx BM:mrh 08/02/2010 Page 21 of 30 39 40 10 Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the Least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7. Granting of the variance shall result in greater convenience to the public in identifying the business location for which a Sign Code variance is sought. 19.28.040 Variance Not Permitted. In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 9. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within commercial or industrial zones. Uses-that provide emergency v__riccs— (i.2., ?hespital emergrn..t r :ns, c.c.) where public safety 1 jeepsH'4iaed In Tft col9gslhelec with -lhc C1tyaS1giYGede: 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.060.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.060.B, will be reviewed by the Board of Architectural Review Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria. A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. W Word Processing Ordinances \Title 19 Sign Code .docx BM:mrh 08/02/2010 Page 22 of 30 5. No sign- related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7 Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter. 9 Analysis of sight distance safety if increases in size to monument signs or installation of a grand- monument sign is proposed. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sigrl total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush mounted building siim can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises eve -85 acres and over in size, the flush mounted building sign can be increased up to six percent of the exposed building, face up to a maximum of 500 square feet, provided that no flush mounted building sign with an area greater than 250 square feet is located within 2500 se -care feet of a public street. ef-up -te- six leer eei ef- the- ex- pesed- bui -1e ink= -face; i-rla- te- a- maxinnui- of-250 -squa e- feet: 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B In addition to the above -listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval. 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. W \Word Processing Ordinances \Title 19 Sign Code .docx BM:n,rh 08/02/2010 Page 23 of 30 41 42 e. Roof signs may only be individual channel letters supported by an architecturally integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. g. No more than two grand monument signs are allowed per premises. 4. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. Section 109. TMC Chapter 19.36, "Non- Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non conforming signs. Subject to the remaining restrictions of this chapter, non conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered legally non conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. W \Word Processing \Ordinances \Title 19 Sign Code .docx BM:nu'h 08/02/2010 Page 24 of 30 B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. 1. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non conforming upon adoption of this code, may be issued a non conforming sign permit that will allow them to remain for ten -years grace period from the effective date of this Ordinance. This shall be known as the grace period." le sign. Legal face chzmgs shall be defined as the 4ate -en whieh -the- Gi-t-y- least issued -a- sign- permit-5:s face -Or copy -ehai- ge4ee -the sul]leet-sign. This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely However, application .`c: r.' is a an e,::f complies with the Sign Code is required _`c_ any relocation, re- erection, alteration, replacement or change in any way to a legal, non conforming sign, including the structure or sign panel /face /copy will require the sign be brought into compliance with this code., 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's Yrcvicua Sign Code as of August 2010. as adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non conforming sign permit and is able to demonstrate the signs were legally conforming at that time of installatiori--n 1cd and that any modifications made to the sien complied with the City's Sign Code regulations at the time of the modification. Application ft::: rd iss c_ic_ e c is required for Aany change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section will renuire that the sign be brought into compliance with this Code. 19.36.040 Non Conforming Sign Permits. A. Non conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non- conforming or illegal, and 2. whether the sign may be eligible for a non conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non conforming Sign Permits. 1. Eligibility. A non conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non conforming sign permit is required for all eligible non- conforming signs within the City. The sign owner shall obtain the permit within 180 days of notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications for a non- conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility The Director may require the filing of plans or W \Word Processing Ordinances \Title 19 Sign Code .docx BM:nrli 08/02/2010 Page 25 of 30 43 44 other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with Section 19.12.120. C. Loss of Legal Non conforming Status. Non conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non conforming sign permit is required but not obtained within 180 days of notice of non conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non conforming building mounted signs on the premise affected by the construction and all non conforming free standing signs lose their non conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non conforming sign or the structure to which it is affixed. D Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non- conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy 19.36.060 Non Conforming Temporary Signs. A. Non conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. B. Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited. No additional permanent building- mounted signage is permitted on a tenant space that contains a non conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non conforming freestanding sign. 19.36.080 Financial Incentives Tukwila International Boulevard Corridor. In order to assist with the removal of non conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18 -9. b. Removal of non conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. W \Word Processing Ordinances \Title 19 Sign Code .docx BM:nuh 08/02/2010 Page 26 of 30 Section 110. TMC Chapter 19.38, "Billboards," hereby reads as follows: 19.38.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. billboard. Type of Billboard Proposed in Designated Receiving Area One Static Billboard Face One Digital Billboard Face Type of Sign Proposed in Designated Receiving Area One Static Billboard Face One Digital Billboard Face W. \Word Processing \Ordinances \Title 19 Sign Code .docx BM:nuh 08/02/2010 Table 1 d. Billboards shall not exceed a height of 35 feet. Number of Billboard Faces That Must Be Removed Within Designated Sending Areas Three billboard faces Five billboard faces 3. Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. Table 2 Number of Billboards That Must Be Removed Within Designated Sending Areas Five billboard faces Seven billboard faces 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair, To oualifv for the billboard area increase a billboard provider must provide a total of 28 days of messaee time for civic events. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed Page 27 of 30 45 46 e. No portion of the billboard shall be within ten feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. g_—) Lighting of billboards: la) The billboard may be illuminated; non digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than .3 foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3. Table 3 Billboard Style 1 Dimensions I Measurement Distance I Posters I 12 x 24 feet 1 150 feet Bulletins I 14 x 48 feet 1 250 feet 2b) Each display must have a light sensing device that will adjust the brightness as ambient Light conditions change. 3e) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4d) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. every minute. The- Diieetel -ef -DCD and the -Di eeter of PW shall- she- authei ty- te- asedify the- i ef-eha ge if the applieant provides sufficient documentation that a more frequext -rate of change will net-pesa F. safety risk te-aljeccnt _16 :It-le have-any doeu- aneratat }en provided-by the applicant r :cviewed by a third party and the applicant requc,ting to install the billbeattl shall pay the full cost for the third par:, 1: ::::13C shall the DCD PW Dir =_t$r p: :z-it IT. te- ef- eharlge- that-is- mere- freque nt- than -enee --very six -seeends: 5e) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement. Street Tree Pruning. A. Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If 'placement of the billboard cannot be accomplished which will avoid conflicts between the billboard and current or future street trees Pruning of the street trees is Permitted. provided. 1. The applicant obtains a street use permit from the Citv's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be Pruned, such as lane closures. sidewalk closures. etc. 2. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3. All pruning activities are supervised by a certified Arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4. Only those street trees on or adiacent to the property where the billboard is located are eligible for pruning. 5. In the event of death of the tree(s) as a result of the pruning activities. the applicant shall be responsible for paving the landscape value of the tree(s) as determined by a certified arborist or landscaping architect. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. W \Word Processing Ordinances \Title 19 Sign Code .docx BM:uuh 08/02/2010 Page 28 of 30 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5 Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or HDR. 6. Non digital billboards cannot be refurbished or upgraded to either be tri- vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with TMC Section 19.38.040.H. 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall include the following: 1. Three copies of completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application. 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600 feet. 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5 Three sets of scaled and dimensioned footing design and height calculations. 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of structure calculations. 7 If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found in Section 19.38.040 G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9 Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Tukwila business license number for the sign contractor, if applicable. Section 11. Signs Prohibited within the Right-of -Way. All regulations re the placement of signs within the City's Right of Wav as codified at TMC Section 11.24.070.B. are hereby repealed. W Word Processing\ Ordinances \Title 19 Sign Code docx BM:nvh 08/02/2010 Page 29 of 30 47 48 _Section 121. Repealer. Ordinance Nos. 1274, 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 1995 §1(part), 2004, 2019, 2096, and 2126, are hereby repealed. Section 132. 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 143. 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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W \Word Processing Ordinances \Title 19 Sign Code .docx BM:nuh 08/02/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number Attachments: A Definitions with photographic examples B Sign height drawing C Sign placement drawing D Map of Billboard Receiving Area (West Valley Hwy) E Map of Billboard Receiving Area (Boeing Access and East Marginal Way South). Page 30 of 30 Attachment A Definition Samples Signs "Awning /Canopy Side Sign" means a sign which is applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. "Awning /Canopy Sign, Under" means a sign which is suspended from an awning, canopy or arcade but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. "Cabinet Sign" means a geometrically shaped sign with a translucent face backlit by an internal light source. "Canopy" means a rigid structure projecting from the face of a building above a window, entrance, or storefront opening, providing weather rotection. 49 50 Attachment A Definition Samples Signs "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. "Corner Projecting Sign" means a tall, vertically oriented sign which projects from a building corner and which is structurally integrated into the building. "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75% of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this Code. FOSTER CREEK 7 i 7 206- 248 -299S' Attachment A Definition Samples Signs "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. "Projecting Sign" means a permanent sign which is perpendicular to the building facade and which is suspended from a bracket, armature, or which is cantilevered to the building. "Window Sign" is a sign which is applied to a window or mounted or suspended directly behind a �n i ndo \AT. "Window Sign, Temporary is a sign which is applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 51 52 c cm 0 'o 0 rn a) al 1 Attachment B LLJ II MOM graaaal la mamma 40' 40' Standard Sight Distance May be modified by City Engineer co 40' ....a. a a... 1-1C;UUSS 01111 IIS all turning motions mama/a tra•••■• a Right Out Only •••••11 al•••• 1110.1.• Mai.= 11112■0101 MOON= MN.= I•••••1 Public Road Center of Intersection of private access to public street Public Road Sign placement m ust com ply with setback requirements of sign code Center of Intersection of private access to rii hlir efrrainf 54 TU w a Attachment D City of Tukwila Billboard Receiving Area ft GIS IfkONT 170' City of Tukwila Billboard Receiving Area -11- r=100IT oeing Access 56 ATTACHED IS THE INFORMATIONAL MEMORANDUM AND MATRIX ATTACHMENT THAT WAS CONTAINED IN THE JUNE 28, 2010 AGENDA PACKET FOR THE SIGN CODE ISSUE. 57 58 TO: BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Nora Gierloff, Deputy DCD Director DATE: June 4, 2010, Revised June 22, 2010 SUBJECT: Sign Code Update ISSUE In 2007, the City Council identified a need to update the City's sign code because only piecemeal changes had been made since it was adopted in 1982. The Council realized that a complete rewrite was needed in order for the code to reflect changes to the City and the legal environment over the past 28 years, including the requirement that the code be content neutral. Over the past two years staff has worked with an advisory Committee and the Planning Commission to develop a Planning Commission Recommended Draft Sign Code which has been forwarded to the City Council for their review and consideration. Jim Haggerton, Mayor On June 28, 2010, the City Council as a whole will receive their first briefing on the Planning Commission Recommended Draft Sign Code and gather public comments at a hearing. The Council may then work with staff to determine an appropriate process for review of the Draft Sign Code. Here is an overview of the public involvement process that was used to develop the draft code Public participation and public outreach have been cornerstones of the update process. Sian Code Advisory Committee Given the significant impacts that signs have on the community, the City Council established a Sign Code Advisory Committee (hereafter: Committee) to assist in the update process. Council Resolution 1656 established the Committee and specified that the Committee must include two Councilmembers, one Planning Commission member, three residents and two business representatives. The Committee conducted six meetings to provide input on various issues related to regulating signage within the City. Topics discussed included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings were open to the public and staff invited interested parties to come to the meetings to address any concerns, provide recommendations, or provide suggested courses of actions. Joint Meetina of the City Council and the Plannina Commission The work of the Committee culminated in a report titled, "Sign Code Advisory Committee Policy Recommendations" (This report can be found in the Legislative Binder under the tab labeled as "Attachment A On January 29, 2009, a joint meeting of the City Council and Planning Commission was held to brief both bodies on the completed work of the Committee. Both the 59 INFORMATIONAL MEMO Page 2 City Council and the Planning Commission expressed general support for the recommendations provided by the Committee, but were interested in more specific details. Plannina Commission Review Following the joint meeting, the Planning Commission conducted four workshops to review in detail the proposed recommendations of the Committee. It was at this time that the vision of the Committee began to be laid out into formal code language. The Planning Commission was supportive of the recommendations of the Committee and made only minor changes. In spring of 2010, the Planning Commission was presented a Public Review Draft Sign Code for their review and consideration. On March 25, 2010, the Planning Commission held a public hearing on the proposed code. Testimony was received from Westfield Southcenter, Bob Schofield, and the King County Realtors Association. Following the meeting the PC incorporated some of the public comments into their draft. On April 22, 2010, the Planning Commission adopted a motion recommending a Planning Commission Draft Sign Code to the City Council. An index which contains the legislative record used to develop the Planning Commission Recommended Draft Sign Code is included with this packet as Attachment C. The binder contains a report entitled, "Sign Code Advisory Committee Policy Recommendations under Tab A. Also included are documents that were reviewed by the Sign Code Advisory Committee, documents reviewed by the Planning Commission, and written comments provided to the Planning Commission. Other Public Participation In addition to the work with the Committee and the Planning Commission, Planning Staff has been working to engage other interested parties in the update process. The following actions were completed by staff: 1. Briefing to the Hwy 99 Action Committee (now known as the Tukwila International Blvd Action Committee) prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times. 3. Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with the Westfield Southcenter representatives on several occasions. 6. Staff met with representatives from Clear Channel Outdoors, one of the largest outdoor advertising companies in the Country. 7. Staff met La Pianta to discuss the impacts of the draft sign code on Tukwila South. 8. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 9. Notices were sent to all sign contractors who have done work in the City in the last three years informing them of the availability of the draft sign code, inviting their input and providing notice of the March public hearing. B Miles Page 2 06/24/2010 6 0 W\2010 InfoMemos \Sign Code 6- 28.doc INFORMATIONAL MEMO Page 3 10. A letter was sent to parties of record requesting specific input on the recommendations of the Committee. 11. Throughout the entire update process the City has utilized a webpage to keep interested parties informed of the update process. The webpage included a link that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. Overview of Draft Sian Code The new sign code, which will replace the existing Title 19 of the Tukwila Municipal Code, contains 11 chapters. The following is a brief overview of the contents of the chapters. A matrix that compares that current sign code to the Planning Commission Recommended Sign Code is included as Attachment B. 1 Intent The first chapter reflects the intent language that was drafted by the Committee and edited by the Planning Commission. 2. Definitions The second chapter defines terms that are referenced in the new Sign Code. Photos are used to illustrate certain definitions. 3. Administration The next chapter is the administration section which outlines when sign permits are required, what types of signs are prohibited, what notices the City will send, how to appeal a decision and how the City will enforce violations of the Code. As a reminder, consistent with the current sign code only those signs that are "discernible" from the public right of way, adjacent premise, or an adjacent off -site business are regulated by the sign code. 4. Construction, Maintenance, and Removal of Signs The fourth chapter includes requirements for the construction, structural review and maintenance of signs. In keeping with current practice all permanent signs must have a final inspection to be considered legally installed. This ensures that they were safely constructed in accordance with the approved permit. Language regarding the removal of "abandoned" signs has also been included. 5. Permanent Signs This chapter includes sign regulations regarding the number, size and placement of permanent signs within both residential and non residential zones. The current sign code only allows two main types of permanent signs, flush mounted wall signs and freestanding signs. One of the goals of the sign code update was to expand the sign types allowed within the City and in this chapter ten permanent sign types are permitted under different conditions. B Miles Page 3 06/24/2010 W• \2010 InfoMemos \Sign Code 6- 28.doc 61 INFORMATIONAL MEMO Page 4 The draft also moves away from pole signs as recommended by the Committee and instead allows monument signs. Also, tall "freeway interchange" signs will no longer be permitted. In a change from the current code, there is no specific limit on the number of signs that may list a certain business, in keeping with the goal of content neutrality. A building and site will qualify for a certain number of signs based on length of street frontage, number of building entrances and building design. The only limitation on the text of the signs is that they reference on- premise businesses, products or uses. Finally, language to allow banners attached to parking lot light standards has been added. This type of signage was not discussed by the Committee; however staff and the Planning Commission wanted to include the language for consideration. These can help to bring color and interest to parking lots as well as create an identity for a center. 6. Temporary Signs The sixth chapter covers the number, size and placement of temporary signs. These signs may be commercial or non commercial in nature. Like the permanent sign section, the regulations regarding temporary signs are divided between residential and non- residential zones. The Committee proposed and the Planning Commission supported allowing certain temporary signs for large special events in order to facilitate movement of automobile and pedestrian traffic. 7. Variances The variance process and criteria are similar to the language found in the current sign code. 8. Master Sign Program The proposed master sign program language would provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the needs of larger sites. The Committee was supportive of the concept, but had not reviewed specific criteria for the master sign program. The language found in the chapter reflects language reviewed and adopted by the Planning Commission. A site will qualify for the master sign program if it is at least 15 acres and has a minimum total building area of 200,000 square feet. Sites eligible for the master sign program include Westfield Mall, Boeing, Southcenter Square, and Parkway Supercenter. Additionally, uses that provide emergency services (i.e hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the sign code will also be eligible for the master sign program. Master sign programs that propose to vary the size, number or location of otherwise permissible signs would be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this Code would be reviewed by the Board of Architectural Review. The additional sign types that B. Miles 6 2 W \2010 InfoMemos \Sign Code 6- 28.doc Page 4 06/24/2010 INFORMATIONAL MEMO Page 5 could be allowed by the BAR are roof signs, taller monument signs, parking structure incentive signs and larger wall signs Master Sign Programs must also include a plan for the removal of any existing nonconforming signs on the premises within three years. 9. Non Conforming Provisions The next chapter includes non conforming provisions of the draft code. These recommendations were supported by both the Committee and the Planning Commission. A. Signs that are currently legal but would become non conforming under the new code would have a 10 year grace period to come into compliance, during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. B. Older currently non conforming signs, such as those installed to King County code in our annexation areas, could remain indefinitely but would need to come into compliance at the time of a copy /face change. C. Freeway interchange signs would have a 5 year grace period to come into compliance during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. D. A program to provide financial incentives to encourage the removal of non conforming signs along the TIB Corridor has been proposed. Staff is proposing that a no -fee permit be required for signs that would be non- conforming to the new code. This permit will ensure that property owners and businesses are made aware of the limitations placed on making modifications to their non conforming signs. 10. Billboards The chapter would establish billboard receiving areas within the City. The billboard receiving areas being proposed are: Along West Valley Hwy at S. 180 and south to the City Limits. Along East Marginal Way, north of Boeing Access road Within these receiving areas, static and digital billboards can be installed, provided that a minimum number of existing billboards within the City are removed. For example, to install a digital billboard in a receiving area would require the removal of at least five existing billboards. Specific development standards are provided for new billboards, including minimum spacing. The chapter also sets up provisions to allow reconditioning of existing billboards within the City that are not proposed to be removed. B Miles Page 5 06/24/2010 W \2010 InfoMemos \Sign Code 6- 28.doc 63 INFORMATIONAL MEMO Page 6 DISCUSSION 11. General Provisions The final chapter of the sign code is the general provisions chapter. This chapter is essentially a "catch all" for certain legal statements that need to be included in the new sign code. The next step in the update process is for the City Council to start their review of the Planning Commission Recommended Draft Sign Code. The City Council will have an opportunity to hear from the public on the draft sign code at the hearing. Prior comments from the Planning Commission public hearing are included in the legislative binder. The extensive public process used has created a product that reflects the needs and desires of the community while also providing businesses and residents with the ability to have much needed signage. Staff would like specific input from the City Council on the process and level of review they would like in moving forward on the draft sign code. Some options include: 1) Staff could prepare a matrix of the public comments received at the June 28 hearing for the Council's review at the July 6, 2010 Regular Council meeting. Council could then identify the comments they would like to incorporate into the final version of the code as well as any areas where they would like staff to develop new alternatives or approaches. Staff would then come back to the Council with revised language at a future Committee of the Whole meeting. 2) In lieu of going to the July 6 th meeting, staff could schedule one, 2 -hour work session on the Planning Commission draft. At the work session, Council could review the matrix of public comments received as part of the public hearing and identify possible changes. After the work session, the proposed sign code would go back to a Committee of the Whole meeting for discussion before going to a Regular Council meeting for possible adoption. 3) The draft provided by the Planning Commission could be acted upon by the City Council at the July 6, 2010 Regular Council meeting. RECOMMENDATION The Committee of the Whole is being asked to conduct and close the public hearing at tonight's meeting and then select one of the review process options listed above. As always, DCD staff is available to meet with City Council members to walk through the draft sign code or to answer any questions. Please contact Nora Gierloff or Brandon Miles to arrange time to meet. ATTACHMENTS A. Ordinance in draft form B. Matrix Comparing Current Sign Code to the Planning Commission Recommended Sign Code. C. Legislative Binder Index B. Miles Page 6 06/24/2010 6 4 W \2010 InfoMemos \Sign Code 6- 28.doc SIGN CODE UPDATE The following matrix compares the current Sign Code to the Planning Commission Draft Recommended Sign Code. Permanent Sians in Commercial /Industrial Zones Item Type of Permanent Signs Permitted Total number of Signs Permitted per business. Number of wall signs Two, if the businesses are not listed on any freestanding allowed signs. Size of Flush In most cases based on the following table. Mounted Wall Signs Existing Sign Code Draft Sign Code Only allows freestanding signs and flush mounted wall signs. Two total, a business may be listed on one freestanding sign and one flush mounted wall sign or be listed on two flush mounted wall signs. Area (LXH) of Exposed Building Face (EBF) in Square Feet 0 -500 501 -1500 1501 -3000 3001 -5000 B. Miles Permitted Sign Area EBF x 05 or 20 sq ft (EBF -500) X 04 +25sf (EBF -1500) X 03 65sf (EBF -3000) X 02 +110sf Expands the type of signs permitted within the City, including projecting signs, grand Projecting signs, and blade signs. Depends on the circumstances of the property and the tenant's space. However, in most cases the number of signs for a business has been expanded. Each public entrance of a business will qualify for a building mounted sign. Building mounted signage is also allowed as an incentive for providing transparency and architectural detailing. Pedestrian oriented signage is allowed outright. Projecting signs and corner projecting signs are permitted in addition to other signage. The number of freestanding signs will be independent of the number of building mounted signs. There is no restriction on the number of freestanding signs a business can be listed on provided the property qualifies for placement of freestanding signs. Depends on the circumstances of the property and the tenant's space. However, in most cases the number of signs for a business has been expanded Each public entrance of a business will qualify for a building mounted sign. Building mounted signage can also be provided as a reward for providing transparency and architectural detailing. Pedestrian oriented signage is allowed outright. Projecting signs and corner projecting signs are permitted in addition to other sicnaoe. The sign area table in the current sign code will be used in the new sign code. The provision for a 50% increase for each doubling of the required setback as been removed. Properties that qualify for the Master Sign Program may have wall sign area of 6% of the wall area up to 250 square feet or 500 square feet, depending on the type of the business. Page 1 06/23/2010 C: \temp\XPgrpwise\Mat ix_Fotmatted.doc Type of Freestanding Sion Number of Freestanding Signs Area of freestanding sign Over 5000 1 150 sf maximum size Permitted Some businesses can qualify for up to a 50 percent increase in the area of the sign for each doubling of the required front setback; however in no case shall the sign exceed 6 percent of the wall area. No restrictions, pole signs and monument signs are permitted. Most properties are allowed one. An additional sign is permitted if the property has at least 400 feet of linear frontage along a public street, the site has at least two detached commercially, occupied buildings, and the site is occupied by at least two tenants. Based on the length of street frontage. A premise with up to 200 feet is allowed one freestanding sign with an area of not more than 50 square feet per side with a total of 100 square foot for all sides. A premise between 200 and 400 feet is allowed one sign with an area of not more than 75 square feet per side with a total of 150 square feet for all sides. A premise over 400 feet is allowed one sign with an area of not more than 100 square feet with a total of 200 square feet for all sides. B Miles The proposed sign code moves to "monument only for most properties. Properties that qualify for the Master Sign Program may have grand monument signs (up to 35 feet tall). For properties with less than 800 feet of frontage on a public street only one monument sign is permitted. A property with 800 feet of linear frontage is permitted two signs with an additional sign being permitted for every 400 feet with no maximum on the number of signs. Still based on the total frontage along the street: I Total ROW of Premise 400 feet 400 -599 feet 600 -799 feet 800 -999 feet 1000 feet and over Allowable Sign I Total Allowable Message Area Sign Size 36 sf per 54 sf per side/72 sf total side /108 sf total 50 sf per 70 sf per side /100 sf total side /140 sf total 60 sf per 80 sf per side /120 sf total side /160 sf total 66 sf per 88 sf per side /132 sf total side /176 sf total 72 sf per 196 sf per side /144 sf total side /192 sf total Area not used for sign message may be used for architectural detail or design elements to link the sign to the associated building(s). Page 2 06/23/2010 C: \temp'XPgtpwisc\Matrix Fonnatted.doc Height of No taller than 35 feet tat, provided the sign is not taller Freestanding Signs than the building it is used to advertise. Setbacks of Freestanding Signs Freeway Interchange Signs Dynamic Signs Master Sign Program Regional Gateway Sign One foot for every foot in height from all property lines. For example, a ten foot tall sign would need to be ten feet from at property lines. One allowed on a premise that provides goods and services to the traveling public and is located near an off ramp. Signs that change more than once every 24 -hours are considered dynamic displays and are not permitted in the City Not included in current sign code. Not included in current sign code. B Miles Total ROW of I Maximum Premise Height 400 feet 16 feet 400 -599 feet 17 feet 600 -799 feet 17 feet 800 -999 feet 8 feet 1000 feet and 8 feet over Minimum of five feet from all property lines, must comply with Sight Distance Triangle. Not permitted under proposed draft. Video like images are still not permitted on signage; however mechanical displays, flashing and chasing lights may be permitted for projecting signs. Large properties can enter into a master sign program with the City The idea is that these properties may have sign needs that are unique that cannot easily be addressed in the sign code. The Master Sign Program allows: An increase in the size of monument signs; Aggregation of building mounted or freestanding signs into fewer, larger signs; Roof Top signs in the TUC Zone, Grand Monument Signs; Parking Structure Incentive Signage, and Provisions for larger wall signs for landmark businesses Allowed as a means to attract and welcome people to the Southcenter Area of the City Only allowed on a property adjacent to two interstate highways and only permitted via a Development Agreement. Page 3 06/23/2010 C: \temp\XPgipwise\Mauix_Po rmatted. doc Temporary Sians in Commercial /Industrial Zones Item Banners or Rigid Signs Length of Display of Temporary Signs Placement of Temporary Signs Special Event Signage (i.e. balloons, pennants, etc) Portable Signs Existing Sign Code The total area of all temporary signs displayed under a permit may not exceed a total of 64 square feet in sign face area. Limit of two temporary signs. 30 -days a calendar quarter Not in right of way. No specific language on location. Only allowed for grand openings. I Strictly Forbidden Permanent Sians in Residential Zones Item I Existing Sign Code Who gets permanent Churches, conditional uses, public facilities and multiple signs in residential family complexes are permitted permanent signage. zones? The existing code provides specific requirements based on the exact use. Types of signage I Flush mounted wall signs and freestanding signs. permitted Total Number of Signs Churches, conditional uses and public facilities are Allowed permitted one wall sign and one freestanding sign outright. An additional sign is permitted for each B. Miles Draft Sign Code No Change. No Change. The sign must be securely attached either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of signs in any other manner is strictly forbidden (i.e. tied to trees). Each business in the City is permitted a special event once every 24 months. No restriction on the type of event. Not permitted, except for use during special, large events for crowd and/or traffic control when approved by the City Draft Sign Code Substantively no change, conditional uses, schools, churches and public facilities will be considered "institutional" uses. Multi- family will also be permitted signage. Multi- family is considered as having at least five or more units. The proposed code makes no distinction on allowable signage based on use. No Change All institutional uses and multi family developments are allowed at least one wall sign and freestanding monument sign. An additional freestanding monument style sign is permitted for each street that provides access to the premise. Page 4 06/23/2010 C:ltetnp\XPgrpwisc'Matrix Pormatted.doc Maximum size of flush mounted wall sign. Dynamic Signs Type of Freestanding Sign Allowed Area of freestanding sign Height of Freestanding Signs Setbacks of Freestanding Signs Temporary Sians item Banners or Rigid Signs Length of Display of Temporary Signs Placement of Temporary Signs Special Event Signage (i e balloons, pennants, etc) Portable Signs additional frontage. 50 square feet is allowed outright. Currently not permitted. Foster High School was issued a sign permit under a previous code provision that sunset. No restrictions, pole signs and monument signs are permitted. For churches, schools and public facilities that max is 50 square feet; for multi family developments the total is 32 square feet. 16 feet for churches, schools, and public facilities and 5 feet for multi family developments. 8 feet for churches, schools, and public facilities and 5 feet for multi family developments. in Residential Zones Existing Sign Code The total area of at temporary signs displayed under a permit may riot exceed a total of 64 square feet in sign face area. Limit of two 30 -days a calendar quarter Not in right of way No specific language on location. Only allowed for grand openings. Strictly Forbidden B. Miles Like in commercial /industrial zones a formula is used based on the area of the wall; however in no case shall the sign be greater than 50 square feet. Would be allowed for any sign permitted in residential zones The sign will have to comply with the same standards as the sign at Foster High School. Monument Only Maximum size is 30 square feet for one face and 60 square feet for all faces. 5 feet for all signs. No minimum setback, must meet sight distance triangle requirement. Draft Sign Code No change. No Change. The sign must be securely attached either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of signs in any other manner is strictly forbidden (i.e. tied to trees). Must be setback at least five feet from property lines. Each institutional and multi- family complex may have up to 12 special event signage permits per year The duration of the permit shall not exceed 72 hours. Not permitted, except for use during special, large events for crowd and /or traffic control when approved by the City Page 5 05123/2010 C:\ temp \`CPgrpwise\Maaix Fonnatted.doc Miscellaneous Code Provisions Item Removal of Abandoned Signs Non Conforming Provisions Existing Sign Code The Director may order the removal or maintenance of any sign that is not maintained in a safe orderly condition, Or If a non conforming sign suffers more than 50 percent damage or deterioration, based on an appraisal. Any proposed face or copy change to a non conforming signs requires conformance with the code. B. Miles Draft Sign Code Definition of abandoned sign specifically provided: "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. Director has authority to order the removal of any abandoned sign. Various non conforming provisions are provided 1 Signs that do not comply with the existing sign code required to come into conformance for any proposed face or copy changes. This code provisions is the same as the current sign code. 2. For signs that comply with the existing sign code, a grace period is provided of up to ten years for most signs. During the grace period there can be an unlimited number of face changes. After the ten year period, the sign can remain, but any face, copy or other modifications will require conformance The grace period for freeway interchange signs will be five years. Page 6 06/23/2010 C: \temp\XP grp wise \Ma trix_Fortnatted. d oc ATTACHED IS THE INFORMATIONAL MEMORANDUM AND MATRIX ATTACHMENT THAT WAS CONTAINED IN THE JULY 12, 2010 AGENDA PACKET FOR THE SIGN CODE ISSUE. 71 72 City of Tukwila Mon Wig, Owner of Wig Properties Pam Carter, Resident Nicholas Lee, Wesfield, LLC Bob Schofield, Seattle Retail Karlyne lwata, Property Owner Jerome Baruffi, Property Owner W InfoMemos\SignCodeAgain.doc INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Nora Gierloff, Deputy DCD Director DATE: July 2, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code. BACKGROUND At the June 28, 2010 Committee of the Whole Meeting, staff provided an overview of the Planning Commission Recommended Draft Sign Code. After Staff's presentation, the City Council conducted a public hearing and received both written and oral testimony on the Draft Sign Code. Testimony was received from the following individuals: Written (both mailed and emailed) comments were also provided from the following individuals /groups: 1. Westfield, LLC, dated June 28, 2010 2. James Adams, BECU dated June 28, 2010 3. Jerome Baruffi, 401 Strander, dated June 25, 2010 4. Letter from NW Sign Council dated June 22, 2010 5. Letter from National Sign Co. dated April 22, 2010 Jim Haggerton, Mayor Following closure of the public hearing, the City Council provided guidance to staff on what information they wanted to help Council with their deliberations. The following documents are provided for the Council's review and to supplement the record that was forwarded to the City Council on June 28, 2010: 1. Matrix of substantive comments, both oral and written, provided to the City Council and staff's response to those comments, including suggested changes where applicable. 2. Matrix comparing selected cities sign regulations to Tukwila's Draft Sign Code and existing Sign Code. 3. Example of Digital Display (to be provided at meeting using overhead) 73 INFORMATIONAL MEMO Page 2 The Council also inquired about the provisions for use of digital displays in residential zones. It was the unanimous consensus of the Sign Code Advisory Committee to allow digital displays, similar to the one found at Foster High School, for institutional uses within residential zones. The Draft Sign Code, under TMC 19.20.030 provides the same standards that were used for the Foster High School Sign. These standards are as follows: One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: seconds. DISCUSSION a. The image of the sign may not change more frequently than once every ten b. 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, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 10PM. 2. Notice of Understanding. The operator of any dynamic sign installed per this subsection must submit a letter to the Director that states the organization understands and agrees to abide by the above requirements. The goal of tonight's meeting is to continue review of the draft sign code and to provide input to staff on any modifications that Council may want to make regarding the Draft Sign Code. After tonight's meeting, staff will work on a final ordinance to reflect any changes desired by the Council and will bring that back to the Committee of the Whole on August 9, 2010 for review. At the June 28, 2010 meeting, Council indicated that they may want to hear from the public during their next review of the Draft Sign Code. Since this is a legislative matter the Council President can choose to allow public input during the deliberation process. While input may be allowed, it will not be a public hearing. RECOMMENDATION Continue to review of the Draft Sign Code and provide input to staff on City Council modifications. Staff will bring a draft ordinance to the Council for consideration at the August 9, 2010 Committee of the Whole meeting. After the August 9, 2010 meeting the Draft Sign Code, at the Council's discretion, could be forward to the August 16, 2010 Regular Meeting for adoption. ATTACHMENTS 7 4 W InfoMemos\SignCodeAgain.doc A. Matrix of substantive comments, both oral and written, provided to the City Council and staff's response to those comments, including suggested changes where applicable. B. Matrix comparing selected cities sign regulations to Tukwila's Draft Sign Code and existing Sign Code. Comment Matrix with Staff Response Name and Site Nicholas Lee, of Westfield Southcenter Mall Comments Provided comments regarding two items: v C. \temp\XPGrpWise\Pubhc Comm Matrix Format.doc cn 1) Area of Flush Mounted Signage. The Mall is currently allowed to have wall signs of 6% of the area of the exposed building face, up to a maximum of 500 square feet. All other commercial buildings in the City are limited to 150 sf wall signs. Recommended the following change to the draft code: TMC 19.32.060 Allowable Modifications Under a Master Sign Program. 2. Increase in the area of a flush mounted building sign, allowed per Section 19.20.050.A of up to six percent of the exposed building face, up to a maximum of 250 square feet, except for sites lar2 than 85 areas where the maximum shall be 500 square feet. Staff's Response Adoption of this sign code will not make any existing signs at the Mall non conforming. The City and Mall have a Development Agreement which addresses a wide variety of issues, including signage. The development agreement will be valid until 2018 and then the Mall will be subject to the sign regulations in place at that time. The Mall has noted that they may wish to "opt" in to the new sign code earlier but that decision would be purely voluntary by the Mall. Staff's response to the issues raised by Westfield, assuming they wish to opt in: 1) Area of Flush Mounted Sianaae. Westfield brought up this comment to the Planning Commission (PC) during the PC's review. The PC asked staff to research the size of existing wall signs at the Mall out of concern that the original language they were considering would have made some existing wall signs at the Mall non- conforming. The PC then adopted language raising the maximum wall sign size allowed under the master sign program to 250 sf, accommodating all existing wall signs. It was both the PC and Staffs understanding that issue of creating non conforming wall signs at the Mall had been addressed. Since that time the Mall has proposed a 500 sf sign for the future Seafood City store. Properties not eligible for the master sign program are allowed a wall sign size between 3% and 5% of the wall area, up to a maximum of 150 square feet. Only those properties that are eligible for the Master sign program can get 6% up to a maximum of 250 square feet. 07/07/2010 Page 1 of 14 Comment Matrix with Staff Response ce Name and Site Comments C. \temp\XPGrpWise\Public Comm Matrix Format.doc 2) Maximum Area and Height of Grand Monument Signs Westfield requested that the maximum sign message area be increased up to 500 square feet and maximum height be increased up to 115 feet for Grand Monument Signs. They note that such signage provides needed visibility along I -5 and I- 405. Recommended the following change to the draft Code: 19.32.060 Allowable Modifications Under a Master Sign Program. A. In addition to the above listed modifications, the following addition sign types maybe allowed with BAR approval: 2. Grand Monument Signs, subject to the following standards: a. Sign message area may be increased up to 100 square feet per side, 200 square feet total and limitation on structure size is removed. For sites over 85 acres. the sign message area may be increased up to 500 square feet per side. 1000 square feet total. Staff's Response Not all tenants at properties eligible for the Master Sign Program are capped at a maximum of 250 square feet. Landmark Tenants (Anchor Tenants under the current code) are given a sign allowance of 6% of the exposed building face up to 500 feet square feet. Staff Recommendation No Change from Planning Commission Draft 2) Maximum Area and Height of Grand Monument Signs The Sign Code Advisory Committee recommended that tall signs, such as grand monuments, not be permitted under the new code. However, staff developed the grand monument provision and the PC approved it as part of the draft sign code due to a realization that some properties, such as the Mall, needed larger signage. During the PC public hearing Westfield made a request to increase the size and height of grand monument signs to a greater degree than what they are now proposing to the City Council. The sign size proposed by Westfield is larger than any sign allowed under either the current sign code or the draft sign code including billboards. The Master Sign Program removes any limit on the total area of the sign structure, only the message area is limited. By removing the limit on the area of the sign it provides property owners flexibility to design a creative, lively sign that sparks visual interest for people passing by. Sign message area is not needed to accomplish this goal. There is no limit on the height of grand monument signs, provided the signs are not taller than the building they are used to advertise. As was discussed at the last Council meeting, we 07/07/2010 Page 2 of 14 Comment Matrix with Staff Response Name and Site Comments b. Total height of the sign structure may not exceed the height of the tallest building on the premise, except for sites over 85 acres. the height may exceed the tallest building but shall not exceed 115 feet. James Adams for BECU Corporate Office v C. \temp\XPGrpWise\Public Comm Matrix Format.doc v Letter requests different standards for corporate headquarters, defined as large single tenant office campuses with a building square footage over 100,000 square feet. Staff's Response are using the sign code to provide incentives for development types such as multi -story buildings. At the last Council meeting reference was made to the sign at Factoria Square in Bellevue. Staff contacted Bellevue and reviewed their sign code for sample language regarding mall signage and/or freeway interchange signs. Factoria Mall and the tall sign located on the property were annexed into the City. The existing sign is considered legally non conforming Bellevue requires amortization of such signs, but the sign is located along I -405 so it is subject to the Scenic Vistas Act, which would require compensation for its removal. The City of Bellevue permits face and copy changes to the sign, provided it complies with the City's non conforming regulations. A brand new sign the size of the one in Factoria would not be permitted in Bellevue. Finally, the Draft Sign Code provides an avenue for gateway signage at the Mall. TMC 19.32.080 allows for a Regional Gateway Sign on a property subject to the Master Sign Program that is adjacent to two interstate highways. The intent of this sign is to attract and welcome visitors to the Southcenter area of the City. This sign could be used to meet Westfield's concerns that motorists on I -405 and 1 -5 do not see the property. Staff Recommendation No Change from Planning Commission Draft 07/07/2010 Page 3 of 14 Comment Matrix with Staff Response co Name and Site Comments Recommended the following changes to the draft code: 1) Building fascia signage. Allow signage on all sides of the building. Allow a maximum of 500 square feet per sign. Signage should be located as high on the building as possible. Signage may be internally or externally illuminated. 2) Pylon Signage If the building only uses 1 or 2 fascia signs it may also have a pylon sign with message on two surfaces. The pylon sign may be up to 20 feet taller than the highest point of the main campus building. The area of the sign would be limited to 200 square feet. C. \temp\XPGrpWise\Public Comm Matrix Format.doc 3) Entry ID Signage Since the building's main entry is over 100 feet from the street it should be allowed a sign identifying the name of the business Staff's Response 1) Building fascia (wall) signage. The proposed code does not limit the number of wall signs permitted per business or their placement on the wall. Each side of a building that has a public entrance will qualify for a sign. Signage on walls without entrances can qualify for signs by providing design elements such as architectural detailing and transparency. The draft code allows building mounted signs in commercial zones to be illuminated. Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation 2) Pylon (Pole) Signage The Sign Code Advisory Committee and the Planning Commission wanted to de- emphasize tall pylon signs, especially those taller than their associated buildings. Sign visibility for tall buildings can be achieved by placing the sign on the highest portion of the building wall. Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation 3) Entry ID Signage; and 4) Driveway Signage Under the draft sign code one freestanding sign is allowed for 07/07/2010 Page 4 of 14 Comment Matrix with Staff Response Name and Site Comments at the entry. The sign should be pedestrian focused, not higher on the building than 20 feet above grade and be located within 30 feet of the entrance. Area of the sign would be up to 150 square feet. Jerome Baruffi for 401 Strander professional C. \temp\XPGrpWise\Public Comm Matrix Format.doc co 4) Driveway Signage The property has multiple entrances and each driveway should be allowed one sign. Overall graphic area of such sign should not exceed 75 square feet in size. 5) Promotional Signage Allow temporary signage on the building should be permitted on each side of the building. Signage is allowed to be up for a maximum of 120 days. Signage is limited in size to no more than 50% of the area of the side of the building onto which it is being displayed. The current sign code only penults the property to have one freestanding sign. Since the property has less than 800 feet of linear frontage on a public street it would qualify for only one Staff's Response each 400 linear feet of street frontage. The proposed sign code would allow BECU to have a seven foot tall sign with a message area of 60 square feet per side and a total sign area of 80 feet per side. Additionally, TMC 19.12.030 allows for directional signage that is three feet in height with a message area of two square feet per face. There is no restriction on the message on the directional signage. Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 5) Promotional Signage (Temporary Signage) During the review process with the Sign Code Advisory Committee it was clear that they did not want to provide avenues for additional temporary signage. The language in the draft code is largely the same language as the existing sign code. The only difference is that each business can qualify for one special event signage every 24 months. This language replaced the grand opening language found in the existing code. Under a special permit, an applicant could install signs that typically would be prohibited under the sign code because they would be considered "carnival in nature Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. Mr. Baruffi's property represents a unique situation. The property borders on Strander Blvd and Andover Park West but has less than 800 feet of linear frontage combined on both 07/07/2010 Page 5 of 14 co Comment Matrix with Staff Response Name and Site Comments building monument sign under the draft sign code. Mr. Baruffi requests the ability to install two monument signs. Northwest Sign The letter is from the Northwest Sign Council which is the Council, Not Site trade association representing the on- premise sign industry in Specific the Pacific Northwest. The letter requested three modifications to the draft sign code: 1) Height of Monument Signs Request that the maximum height permitted for monument signs be increased, referenced concems with safety. C. \temp\XPGrpWise\Public Comm Matrix Format.doc Staff's Response streets. The site can be accessed from both streets. One of the goals of the Sign Code Advisory Committee was to provide more freestanding signage for properties with large frontage and for corner properties. One of the examples that the Committee looked at was the Acura site at Andover Park West and Baker. The Acura property has several access points on both streets, but under the sign code is only permitted one freestanding sign. The Committee provided a fix for the properties similar to the Acura site, but Mr. Baruffi's property would not benefit from those changes. Staff Recommendation: Properties with frontage on two public streets will be permitted two freestanding signs, provided the following criteria are met: 1. The property has at least 200 linear feet of frontage on each street. 2. Each public street provides direct access into the subject property. 3. The size and height of the sign will be based on the linear frontage found in Table 1 of TMC 19.20.020. 1) Height of Monument Signs The proposed sign code will increase the number of freestanding signs permitted per a premise; however the 07/07/2010 Page 6 of 14 Comment Matrix with Staff Response Name and Site Comments 2) Non conforming Signs. 0o C. \temp\XPGrpWise\Public Comm Matrix Format.doc Requested that a uniform date for the start of the grace period be established in lieu of using the date of the last legal face change. Staff's Response tradeoff for this increase is that signs be smaller and lower to the ground than pole signs. The idea with reducing the height of freestanding signs was two fold: a. Pole signs conflict with street trees and on -site perimeter landscaping. Both the Sign Code Advisory Committee and the Planning Commission reviewed photos and videos that showed this conflict Monument signs allowed for visibility even when the sign was surrounded by trees. b. Visibility can still be achieved with building mounted signs. The wide range of signs allowed on buildings can provide visibility needed for businesses. Finally, properties that are eligible for the Master Sign Program can install a sign with a height up to the height of the building. Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 2) Non conforming Signs The proposed language allows each property to amortize the value of the sign before having to remove the sign. As outlined in the code, compliance with the code is only required if there is a proposed modification to the sign, such as a face change or copy change. When the ten year grace period has expired, the sign can remain with limitations. Adoption of the sign code will not require immediate removal of signs. A uniform compliance date would be easier for staff to administer, however, the trade -off is that it would delay the gradual removal of signs that do not comply with the sign code. 07/07/2010 Page 7 of 14 Comment Matrix with Staff Response ti Name and Site Comments Letter and Testimony from Robert Schofield, Various Properties in Southcenter Area 3) Freeway Interchange Signs Allow for freeway interchange signs with Council approval by development agreement outside of the Regional Gateway area. The letter also references some minor edits to the sign code that address technical issues such as lighting and brightness. These suggested comments are minor and staff does intend on inserting them in the code. Referenced concern with the monument only provision for freestanding signs. Noted that it would be harder to see signs from a moving vehicle if they were placed lower to the ground. Indicated that businesses located at the rear of properties needed freestanding signage for visibility. Proposed creating a sign district from Strander Blvd to S. 188 Street which would allow pylon signs to continue to be used. C. \temp\XPGrpWise\Pubhc Comm Matrix Format.doc Staff's Response Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. 3) Freeway Interchange Signs The Sign Code Advisory Committee expressed concern with continuing to allow tall signs in the City. As envisioned, the Regional Gateway sign is not intended as a sign for an individual business or businesses, but a sign that markets an entire area. Finally, the language suggested in the letter from Northwest Sign Council does not need to be in the Code. The City Council always has the right to entertain Development Agreements and language to that effect does not need to be in the Code. Staff Recommendation No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. The proposed sign code will reduce the freestanding sign area and height for Mr. Schofield's properties. The total number of freestanding signs allowed for many properties has been expanded, however Mr. Schofield's properties don't have the frontage length to use that provision. The proposed code does allow for additional building mounted signs, such as projecting signs, which could provide increased visibility. If the Council does want to consider allowing pole signs along 07/07/2010 Page 8 of 14 Comment Matrix with Staff Response Name and Site Comments co C. \temp\XPGrpWise\Public Comm Matrix Format.doc w Staff's Response Southcenter Pkwy, then the number of freestanding signs permitted under the new sign code should be reduced. The idea of allowing more freestanding signs for some properties was balanced with the lower profile of the signs. Allowing additional pole signs beyond what is permitted under the existing sign code should not be permitted. An "opt out" provision could be used to address Mr. Schofield's properties. Under an "opt out" provision properties along Southcenter Pkwy could choose to stay under many of the provisions of the existing sign code. This would allow Mr. Schofield to still utilize freestanding signs, but would also limit his properties from taking advantage of additional sign options and flexibility under the draft code, including the removal of the cap on business signage, ability to utilize a variety of building mounted signs, and flexibility on special event signage. Staff Recommendation: No Change from Planning Commission Draft and Sign Code Advisory Committee Recommendation. Other Ontion: An "opt out" provision could be included in the sign code to allow existing businesses to keep pole signs. The opt out provision should only apply to properties fronting along Southcenter Pkwy between Strander Bvld and S. 180 St (not S. 188th St). Presentation from Discusses family history in Southcenter Area of the City. No No response needed. Karlyne Iwata, specific suggestions for sign code. Properties on Southcenter Py 07/07/2010 Page 9 of 14 co Comment Matrix with Staff Response Name and Site Comments Letter from National Sign Company, dated April 22, 2010, not site specific Letter commented on several items: 1. Definition of abandoned sign needs to be re- edited. 2. Directional sign should be increased to 6 square feet per face. 3. Sign permit apphcations should be completed and approved within 14 days of submittal and in no case shall it take more than 60 days to approve. 4. Signs should be valid for 1 year from approval date with ability to extend 180 days. 5. Any contractor operation within the City without a business license shall be required to pay a penalty of $250 and contractors should not have to sign an affidavit that they have read the City sign code. 6. Height of freestanding signs should be increased to 25 feet and an area to 150 square feet per face outright. A maximum height of 50 feet and an area of 300 square feet per face should be allowed under the approval of the BAR. Monument signs can be up to a maximum of 100 square feet per side and 12 feet in height. C: \temp\XPGrpWise\Public Comm Matrix Format.doc 07/07/2010 Staffs Response 1. The definition provided by the Planning Commission meets the needs of the City. Many cities use a percentage of value to determine if a sign has been abandoned. Using valuation is cumbersome and difficult to work with. 2. The area provided is the same as the current sign code. An applicant can always use one of their permitted freestanding signs as a directional sign, provided it complies with applicable size limitations. The sign code only regulates those signs that are "discernable" from the ROW, adjacent properties or off -site businesses and thus there is no size limit on any signs, including directional, which are not regulated by the sign code. 3. The processing time limits are the same as in the current sign code and are consistent with the time limitations found in the Zoning Code. Sign permits are issued on average 5 days after application. The code has to provide a time limit and staff wants to keep the time limit consistent with the zoning and building codes. 4. The limits provided in the draft code are identical to the building code. 5. The fine amount of $1000 ensures that sign contractors will not benefit from performing illegal work within the City. 6. Using the Master Sign Program an applicant can have two grand monument signs that are no taller than the building. In some cases, such as the Mall, the height of the sign will exceed the 50 feet proposed by National Sign Code. The message area for Grand Page l0 of 14 Comment Matrix with Staff Response Name and Site Comments Testimony of Pam Carter regarding Essential Public Facilities c co C. \temp\XPGrpWise\Public Comm Matrix Format.doc 7. Number of freestanding signs should be one sign per 300 feet of frontage with a 2 sign allowed for properties over 300 feet of frontage on a corner property. 8. Area of wall signs shall be up to 10 percent of the building elevation. Ms. Carter provided testimony regarding the lack of signage at the Light Rail Station on Southcenter Blvd. Under our current sign code the Station only qualifies for one freestanding sign. Staff's Response Monument Signs is 100 square feet per face, which is the same maximum for freestanding signs found in the current code. There is no limit on the area of the sign structure. The sign area recommended by National Sign Company exceeds the area limits of the current sign code. 7. The draft sign code provides more freestanding signs than the current sign code. Staff is also proposing that modifications be made to address corner properties, see staff comments regarding Mr. Baruffi's letter dated June 25, 2010. 8. The area limits under the draft sign code are substantially the same as the current sign code. No entities under the current sign code are permitted a sign area of more than 6 percent. Staff Recommendation No Change from Planning Commission Draft As part of the update process the Sign Code Advisory Committee realized that properties that have a significant street frontage length and corner properties needed additional signage. Under the draft sign code the Light Rail Station would qualify for two monument signs. Additional flexibility could be achieved if essential public facilities, such as the Light Rail Station, were eligible for the Master Sign Program. Staff Recommendation: Staff proposes that essential public facilities be allowed to utilize the Master Sign Program. 07/07/2010 Page 11 of 14 Comment Matrix Staff Proposed Changes Monument Signs Parking Garages with Staff Response Issue Table 1 of TMC 19.20.020 implies that monument signs may only be located near access points. As written the language could limit the number of freestanding signs a property could have, regardless of whether the property has sufficient frontage. For example if a property has 800 feet of frontage, but only one street entrance it would only be allowed one freestanding sign. The Table also notes that only one freestanding sign is permitted per access point. Under the draft sign code only parking garages on properties subject to the Master Sign Program are eligible for signage. C. \temp\XPGrpWise\Public Comm Matrix Format.doc Staff's Comments/Recommendation The City strives to limit the number of access points on city streets to those needed to serve the use. Too many access points can impact vehicular circulation and hinder pedestrian movement. Requiring that an access point be present to install a sign and limiting an access point to one sign could hinder the City's efforts at access management. Additionally, the lack of access points for a large property does not mean that there is not a need for signage on the property. Staff Recommendation: Remove the access point requirement for freestanding signs. Remove the limit on the number of signs permitted per access point. Through the update process we had discussed the idea of rewarding certain types of development, one of which is the construction of parking garages. The BECU site includes a parking garage as does the Group Health property along East Marginal Way. The draft code provides a very generous sign allowance for parking garages; however it only applies to those properties that are eligible for the Master Sign Program. Moving the incentive signage for parking garages out of the Master Sign Program would allow BECU, Group Health or any other parking garage that might be constructed in the City to utilize the sign incentive. These signs could advertise the business or be promotional signage as outlined in the BECU email. Staff Recommendation: Allow all parking garages in the City to qualify for the parking garage incentive signs allowed in the Master Sign Program 07/07/2010 Page 12 of 14 Comment Matrix with Staff Response Staff Proposed Issue Changes Billboards Staff has been working with billboard companies to address development issues within the designated receiving areas. The following issues have come up: 1. Pruning of street trees; Oo C. \temp\XPGrpWise\Public Comm Matrix Format.doc J 2. Rate of Change for digital display. 3. Size of Billboards and public messages. Staff's Comments /Recommendation 1. The billboard companies want assurances that a digital billboard will not eventually be obscured by street trees after the billboard has been installed. These billboards require a significant investment and it's important that they protect the ability to generate a return on their investment. Staff Recommendation: Staff would like to insert language to address this issue. Ideally billboards should be placed where they will not conflict with street trees, but if a conflict cannot be avoided, staff proposes allowing for pruning of street trees. 2. The rate of change proposed in the code for digital billboards was 1 minute. An applicant could petition the City to allow a smaller rate of change time but in no case shall the rate of change exceed 6 seconds. Staff Recommendation: Staff is now proposing to tie the rate of change to the 8 second Washington State Department of Transportation standard. If WSDOT updates their standard our allowed rate of change would also change. 3. The draft sign code permits a size increase for billboards if message area is provided to the City for civic communication. Additionally, digital billboards must be available for emergency alert messages, such as Amber Alerts. The draft code notes that the billboard company and the Director of DCD will work out the terms of the City use for the billboards. Staff would like to insert a specific timeframe for the billboard 07/07/2010 Page 13 of 14 r Comment Matrix with Staff Response col Staff Proposed Issue Changes C. \temp\XPGrpWise\Public Comm Matrix Format.doc Staff's Comments/Recommendation usage. Staff Recommendation: In addition to any emergency messages a billboard company must provide the City a minimum of 28 days for City use. The City shall coordinate a yearly schedule with the billboard company for usage of any billboard(s). Specific administrative rules will still be created by the DCD Director. 07/07/2010 Page 14 of 14 The following table compares several items within the draft sign code to the sign codes of Federal Way, Fife, Renton, Seatac, and Seattle. Grand Monument Signs Draft Sign Code (Non- Residential) Are they allowed? Yes, sites over 15 acres with at least 200,000 square feet of building face are eligible under the Master Sign Plan. Style Height Area of Sign Number of Grand Monument Signs Must have a design that is consistent with the design of the buildings' on the site. Single pole signs are not allowed. No taller than the building, with no max ceiling. Message area limited to 100 square feet per side, 200 square feet for all sides. No limit on sign structure size. 2 outright Federal Way (Commercial) Yes, within certain zones. Must have a minimum of 250 feet of street frontage, multi- use complex and have an area of at least 15 acres or more. Monument or pole signs are allowed. Pole signs must use more than one pole. Other types of sign styles are listed. Pylon or pole sign, 25 feet tall; Pedestal or monument, 12 feet 200 square feet per face, 400 square feet for all faces. Sign structure area is included in the area formula provided. 1 outright, provisions for additional signage based on aggregate of frontage provided. Fife (Commercial and Industrial Zones) Not specifically called out, similar signs allowed but permitted as freestanding signs Renton Not specifically called out, similar signs allowed but permitted as freestanding signs. Seatac (Commercial /Office /Ind ustrial Zones) Not specifically called out. Seattle (Neighborhood and Commercial and Commercial Zones) Not specifically listed, height increase is allowed for some freestanding signs that are within 100 feet of State Route. Freestanding Signs in Commercial/Industrial Zones Are they allowed? Style? Height Area of Sign Number of Signs Draft Sign Code (Non Residential) Yes. Monument Only 6 -8 feet depending on amount of street frontage. Message area ranges from 36 -72 per face square feet depending on street frontage. Total sign area including structure ranges from 54 -96 per face square feet depending on frontage. At least 1, one additional allowed for every 400 feet of frontage. No cap, no access point requirement. Provisions for corner properties provided. No spacing Federal Way (Commercial) I Yes Pedestal or Monument Only. Between 5 and 12 feet. Exact height is a ratio of street frontage. 25- 64 square feet for total sign area. Exact area is a ration of street frontage. 1 for each street frontage. Additional allowed for each 300 feet of frontage, if automobile access is provided. Maximum per property of 3. Must be spaced out at least 200 Fife (Commercial and Industrial Zones) I Yes Not Restricted 30 feet for freestanding sign, multi tenant directory allowed to be 12 feet in height. Based on linear frontage, cannot exceed a max of 150 square feet (unclear if this is per face or total) 1 freestanding sign, plus one multi -tenant directory. Additional freestanding sign allowed for corner properties or are bordered by a 2 street. No freestanding sign Renton I Yes Not Restricted. Various, based on the development style and based on the amount of linear frontage. Various, based on the development style and based on the amount of linear frontage. Ranges from 150 square feet per face to 400 square feet per face. One for each street. Seatac (Commercial/Office /Ind ustrial Zones) I Yes Freestanding and Monument Signs are permitted. Design Standards for both provided. 15 feet. Eighty five feet of total sign area. 1 per site, 1 additional sign allowed for each street frontage, provided each sign is separated by at least 100 feet. Seattle (Neighborhood and Commercial and Commercial Zones) 1 Yes Not Restricted 30 feet, up to 40 feet if within 100 feet of a State Route. Based on amount of frontage along right of way, minimum of 36 square feet up to a maximum of 300 square feet. 1 sign. 1 additional allowed for each 300 feet of frontage. Freeway Interchange Signs Are they allowed? Style? Height requirement. Draft Sign Code (Non Residential) Not allowed, but a Grand Monument Sign could accomplish the goal of visibility from freeways. feet from each other Federal Way (Commercial) Yes, only along I -5 Not restricted. If below I -5 not more than 25 feet above the elevation of the freeway If the sign is located at an elevation above I -5 the sign can be no taller than 20 feet above the average grade Sign height can be increased up to a shall be within 100 feet of another freestanding sign on the site lot. Fife (Commercial and Industrial Zones) Yes, properties with frontage adjacent to a freeway are permitted a freeway interchange sign. Note restncted, but the code allows the applicant to pick either a freestanding or wall sign. Not to exceed 40 feet. Renton Not Specially listed, special sign provisions are provided for businesses within 1000 feet of SR 167 IKEA provision allows for some large big boxes to have a 115 feet foot tall sign. Seatac (Commercial/Office/Ind ustrial Zones) Not specifically called out. Seattle (Neighborhood and Commercial and Commercial Zones) Not specifically listed, height increase is allowed for some freestanding signs that are within 100 feet of State Route. maximum of 40 feet above the average finished ground elevation measured at the mid -point of the base in order to be visible above trees or other obstructions. Based on content: Various between 20 square feet and 300 square feet per face, depending on type of activities. 1 250 square feet (unclear if its per face or total sign area) 1