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HomeMy WebLinkAboutReg 2010-08-16 Item 5B.1 - Ordinance - Expand Sign Code on Placement, Display and Use of Signs / Visual Communication DevicesCAS NUMBER: 10-073 SPONSOR'S SUMMARY REVIEWED BY MTG. DATE I 6/28/10 I 7/12/10 8/09/10 MTG. DATE 6/28/10 7/12/10 8/9/10 8/16/10 COW Mtg. Utilities Cmte Meeting Date 06/28/10 07/12/10 08/09/10 08/16/10 COUNCIL AGENDA SYNOPSIS Prepared by BM BM BM BM CA &P Cmte Arts Comm. Initials MayorA review 1 Counal review ITEM INFORMATION I ORIGINAL AGENDA DATE: JUNE 28, 2010 AGENDA ITEM TrrLE Review of the Planning Commission Recommended Draft Sign Code ITEM No. F &S Cmte n Parks Comm. 5.b CAT1:GORY Discussion n Motion Resolution Ordinance ['Bid Award Public Hearing Other 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 111 Adm Svcs DCD Finance Fire Legal P&R Police PWI 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. 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 EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: N/A Comments. N/A RECORD OF COUNCIL ACTION Forward to 7/12/10 Committee of the Whole Forward to 8/9/10 Committee of the Whole l Forward to next Regular Meeting with modifications to Sign Code ordinance 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 Ordinances and Fee Resolution in final form 8/11/10 Info Memo attachments' 12 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Nora Gierloff, Deputy DCD Director DATE: August 11, 2010 SUBJECT: Sign Code Update ISSUE Continue deliberations on the Planning Commission Recommended Draft Sign Code. BACKGROUND Jim Haggerton, Mayor At the August 9, 2010 Committee of the Whole Meeting, staff provided the City Council a revised Planning Commission Recommended Draft Sign code (hereinafter "Draft Sign Code The revised Draft Sign Code included changes that had been proposed by staff, the City Council and the public. At the meeting there was general consensus from the City Council to accept the changes outlined in the revised Draft Sign Code. At that meeting the City Council also heard additional testimony from Westfield Southcenter regarding the need for larger grand monument signs. Westfield noted that given the grade changes along Interstate 5 it was difficult for motorists to see the Mall. Westfield comments are further outlined in their June 28, 2010 letter to the City Council. Westfield is specifically requesting the following changes for premises that are greater than 85 acres in area: 1. Increase the maximum allowable height for grand monument signs. Westfield is requesting that the maximum height be equal to the maximum height in the applicable zoning district. 2. Increase the maximum sign area for grand monument signs up 500 square feet per face with a total message area of 1000 square feet for all sign faces. During the meeting, the City Council asked staff for a recommendation. Staff recommended that the language forwarded to the City Council from the Planning Commission be retained. However, staff did mention some items for the Council to consider if they wanted to modify the language in the Planning Commission draft. The City Council asked staff to explore language that would accommodate Westfield as well as other large commercial complexes that, given their size, have sign needs not typical for most other properties in the City. The chart below lists two options for the City Council's review and consideration. Option 1 Adopt the language Westfield proposed in their latest public comment. Pr000sed Change to Draft Sign Code 19.32.060 Allowable Modifications Under a Master Sign Program. B. In additional to the above listed modifications, the following additional sign types may be allowed with Board of Architectural Discussion The proposal would allow sites over 85 acres in size to have two 115 foot tall signs, each with an area of 500 square feet per face and a total sign area of 1,000 square feet. 13 INFORMATIONAL MEMO Page 2 Option 2 Flexible Option Review and Approval. 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. For sites over 85 acres. the sian message area mav be increased up to 500 sauare feet per side. 1000 sauare feet total. 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. except for sites over 85 acres. the height mav exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 19.32.060 Allowable Modifications Under a Master Sign Program. B. In addition to the above listed 14 W InfoMemos\SignCodeFinal 2010.08.10 2.doc The proposed language would allow flexibility, both in the height and area, for sites with an area greater than 85 acres. INFORMATIONAL MEMO Page 3 W12010 InfoMemos\SignCodeFinal 2010.08.10 2,doc modifications, the following additional sign types may be allowed with Board of Architectural Review and Approval 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 as follows: i. For premises up to 85 acres in size. the sian area mav be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. ii. For premises over 85 acres in size the cumulative sign area for both arand monument sians shall not exceed 1.250 sauare feet. No individual sian face mav have a messaae area in excess of 625 sauare feet. 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. except for premises over As an alternative to two grand monument signs not taller than the tallest building on the premise one of the signs could be taller than the building, provided the height of the 2 grand monument sign is reduced an equal height. Using the Mall as an example, its tallest building is 90 feet high so one grand monument sign could be 115 tall (90 +25) while the 2nd grand monument sign would only be allowed to be 65 feet tall (90 -25). During the Planning Commission Public Hearing the Mall originally asked the Planning Commission to increase both the height and sign area allowance for both of the grand monument signs. The mall requested a total sign area of 1,200 square feet per face and a total of 2,400 for both grand monument signs Option 2 would provide additional flexibility for one large grand monument sign. If a premise over 85 acres in size chooses to install only one grand monument sign they could have a total message area of 1,250 square feet for the sign. In the alternative, two grand monument signs could be installed provided the total message area for both grand monument signs does not exceed 1,250 square feet in area. 15 INFORMATIONAL MEMO Page 4 85 acres in size. For premises over this size the heiaht of one of the two arand monument sians may be increased above the heiaht of the tallest buildina provided that for every increase to one of the signs the second sign heiaht must be reduced an eaual amount. In no case shall the heiaht of anv arand monument sian exceed 115 feet. DISCUSSION The revised draft code that was presented to the City Council on August 9 represented the work of both the Sign Code Advisory Committee and the Planning Commission. Both advisory bodies concluded that large signs within the City should be deemphasized in exchange for putting a greater emphasis on building mounted signage. However, there are some unique premises, such as the Mall, that given their function and use have special signage needs. RECOMMENDATION Staff recommends that option 2 be incorporated into the ordinance which will adopt the new sign code. Option 2 provides flexibility for larger premises to gain additional visibility. Option 2 is more in keeping with the direction provided by both the Sign Code Advisory Committee and the Planning Commission. Attachment A is a version of the proposed ordinance that does not include either option 1 or option 2 as described above. Included as attachments B and C with this memo are two versions of Section 19.32.060 reflecting option 1 and option 2. In order to incorporate changes the Council will need to make a motion to substitute the language found in one of the two attachments into the proposed Ordinance which will adopt the new sign Code. As always, the Council can modify the language found in the attachments or draft their own language. Staff has added an additional WHEREAS CLAUSE to the ordinance to reflect any proposed change made by the Council regarding this issue. The additional WHEREAS CLAUSE will help to demonstrate the legislative intent for the need for special sign regulations for premises of 85 acres or more in size. WHEREAS CLAUSE included in Ordinance: "WHEREAS, large commercial properties within the Tukwila Urban Center and Tukwila Valley South zoning districts have unique sign needs which requires a code that provides flexibility to address their sign needs; and 1 6 W:12010 InfoMemos\SignCodeFinal 2010.08.10 2.doc INFORMATIONAL MEMO Page 5 OTHER During the Council meeting on August 9 staff noted several house keeping items that should be completed if Council adopts a new sign code at the August 16 meeting. These items include: 1. Adopting an ordinance repealing the current moratorium that is in place regarding the installation of certain types of signs in the City (Attachment D); and 2. Amending the City's Land Use fee resolution to account for the new permit types that have been created by the proposed Sign Code Ordinance (Attachment E). ATTACHMENTS A. Ordinance B. Section TMC 19.32.060 reflecting Option 1 C. Section TMC 19.32.060 reflecting Option 2 D. Ordinance Repealing Moratorium E. Resolution Amending Land Use Fee Resolution W12010 InfoMemos\SignCodeFinal 2010 .08.10 2.doc 17 18 Ci of Tukvri1a Washington Ordinance No. W. \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUI(WILA, 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 TUI(WILA 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. large commercial properties within the Tukwila Urban Center and Tukwila Valley South zoning districts have unioue sign needs which reouires a code that provides flexibility to address their sign needs; and Page 1 of 29 19 20 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 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 or 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 W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 Page 2 of 29 Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area 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 "Awning/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 maps 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 FINAL.docx BM:nuh 08/11/2010 Page 3 of 29 21 22 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 can 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. 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. W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BMaruh 08/11/2010 Page 4 of 29 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 light 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 Zoning 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 Comm11tnications 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 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. W \Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 5 of 29 23 24 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 flags, each on individual flag poles, per premise. Content of the flags is not regulated. 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; 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, W Word Processing Ordinances \Title 19 Sign Code FINAL.docx sM:nvl, 08/11/2010 Page 6 of 29 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 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. 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. E. 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. F 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. 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 Notice 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; W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:mrh 08 /11/2010 Page7of29 25 26 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 Department 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 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: W Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:imrh 08/11/2010 Page 8 of 29 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 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 W Word Processing Ordinances \Title 19 Sign Code FINAL.docx BManrh 08/11/2010 Page 9 of 29 27 2 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 witless 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: 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. W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 10 of 29 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 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, W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 Page ll of 29 29 30 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 (D) The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) Design Standards. 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: a. The image of the sign may not change more frequently than once every ten seconds. 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 IOPM. 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. W \Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 Page 12 of 29 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 Premise Less than 400 feet 400 -599 feet 600 -799 feet Allowable Sign Message Area 36 square feet per side /72 square feet total 50 square feet per side /100 square feet total 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 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 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 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 c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 3. 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. 4. Maxinn Width. The maximum permitted width of a monument sign is 15 feet. 5 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. 19.20.050 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. W Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:nvh 08 /11 /2010 Total Allowable Maximum Sign Size Height 54 square feet per side /108 square feet total 6 feet 70 square feet per side /140 square feet 7 feet One total 80 square feet per side /160 square feet 7 feet One total 88 square feet per side /176 square feet 8 feet Two total 96 square feet per side /192 square feet 8 feet linear street frontage. total Number of Signs One One for every 400 feet of Page 13 of 29 31 32 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- 1,5001 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 among multiple awnings on an exposed building face. 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. 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 corner 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. W:\ Word Processing Ordinances Title 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 14 of 29 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 fagade. 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. Azaning/Canopy Side Sign. a. Only awnings /canopies that are over exterior public entrances are permitted signs. 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 fagade 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 W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 Page 15 of 29 33 34 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 Signnge. 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. 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 banner 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 Chapter 19.22, "Tukwila Urban Center Opt Out Provision," hereby reads as follows: W \Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 Page 16 of 29 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 chapter establishes an "opt out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC Chapter 19.20. 19.22.020 Opt Out Permitted. A. A property owner within the Tukwila Urban Center (TUC) 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 "opt -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 map identifying all parcels included in the "opt -out" request and verifying that the premise is located within the TUC. 3 An "opt -out" request will apply to all buildings, tenants and signs on a premise. 4. The letter must be accompanied by 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 Section 19.22.020 is only from Chapter 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of Chapter 19.20 are ineligible to participate in the Master Sign Program found in Chapter 19.32 unless the property owner chooses to opt back in pursuant to TMC Section 19.22.040. 19.22.027 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device under this chapter shall include the following: 1. Three copies of a completed and signed application form provided by the City noting that the sign is proposed on an "opt -out" premise. 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 wall 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 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 required 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 Signage. 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. W: \Word Processing Ordina ces \Title 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 17 of 29 35 36 Table 1- Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor 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. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for 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; b. The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; c. 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 Section 19.22.030 (B): a. Area of Sign. Street Frontage Up to 200 feet 1 200 to 400 feet. Over 400 feet. Sign Area/Sign 50 sq ft. with a total of 100 sq ft. for all 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 it identifies up to a maximum height of 35 feet. c. Setback. All freestanding signs shall be set back 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 opt out under TMC Section 19.22.020 may choose to opt back in to the signs permitted under TMC Chapter 19.20. A decision to opt 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 opt back in to TMC Chapter 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not conform 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 Chapter 19.20, the letter must be accompanied by sign permit applications identifying how they will achieve conformance. Section 7. 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 W \Word Processing Ordinances \Tide 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 18 of 29 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 permit 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. 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 W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:nvh 03 /11/2010 Page 19 of 29 37 38 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 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. W. Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:nrh 08/11/2010 Page 20 of 29 Section 8. 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. 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 W \Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 03/11/2010 Page 21 of 29 39 40 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. 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. 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. W \Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:rnrh 08/11/2010 Page 22 of 29 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 sign 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 sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 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 250 feet of a public street. 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. 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. 3. 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. W Word Processing\ Ordinances \Title 19 Sign Code FINAL.docx BM:rnrh 08 /11/2010 Page 23 of 29 41 42 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 10. 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. 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. 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 10 years from the effective date of this ordinance. This shall be known as "the grace period." 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, 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 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 the time of installation and that any modifications made to W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BNM:inrh 08/11/2010 Page 24 of 29 the sign complied with the City's Sign Code regulations at the time of the modification. Any 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 require 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. 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 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 W \Word Processing \Ordinances \Title 19 Sign Code FINAL.docx BM:nuh 08/11/2010 Page 25 of 29 43 44 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. Section 11. 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. Table 1 Type of Billboard Proposed in Number of Billboard Faces That Must Be Designated Receiving Area Removed Within Designated Sending Areas One Static Billboard Face 1 Three billboard faces One Digital Billboard Face 1 Five billboard faces 1 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 W Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 26 of 29 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. Type of Sign Proposed in Designated Receiving Area I One Static Billboard Face I One Digital Billboard Face Table 2 Number of Billboards That Must Be Removed Within Designated Sending Areas Five billboard faces Seven billboard faces I, 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 qualify for the billboard area increase a billboard provider must provide a total of 28 days of message 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 billboard. d. Billboards shall not exceed a height of 35 feet. 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: 1) 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 1 1 Posters 12 x 24 feet 1 150 feet 1 1 Bulletins 1 14 x 48 feet 1 250 feet 1 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) 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. 4) 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. 5) 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. 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 in such a way that will avoid conflicts between the billboard and current or future street trees pruning of the street trees, is permitted, provided. W Word Processing Ordinances \Title 19 Sig i Code FINAL.docx BM:nuh 08 /11/2010 Page 27 of 29 45 46 1. The applicant obtains a street use permit from the City'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 adjacent to the property where the billboard is located are eligible for pruning. 5. In the event of death of the trees) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape 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. 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 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. W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:mrh 08/11/2010 Page 28 of 29 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 12. Signs Prohibited within the Right -of -Way. All regulations regarding the placement of signs within the City's Right of Way as codified at TMC Section 11.24.070.B are hereby repealed. Section 13. 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 14. 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 15. 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 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). W \Word Processing Ordinances \Title 19 Sign Code FINAL.docx BM:inrh 08 /11/2010 Demos Robertson, Mayor Pro Tempore Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number Page 29 of 29 47 48 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 weatherErotection. 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 structuraIIy integrated into the building. FOSThR GRR..K.I a.Paa;4,E,urs, 246 24$ 2948 "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. 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 window. "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 Attachment B 'El 45 Lr 0) a) e ppyy 3 53 0---t Nwoma wwwW• "L 11 40' 40' 40' Standard Sight Distance May be modified by City Engineer 11 Right Out Only 1 /Access Term its all turning motions 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 n�tiir cfrodf 3 CD TU 0- Attachment D City of Tukwila Billboard Receiving Area lr ANT r=500' 1 Attachm 1 City of Tukwila I Billboard 1 Receiving Area it ;log 1 1 a b. For premises 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 250 feet of a public street. 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. 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 Option 1 Language 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 sign 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 sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. 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. 57 58 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. For sites over 85 acres, the sign message area mav be increased up to 500 sauare feet per side. 1000 sauare feet total. 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, except for sites over 85 acres, the height mav exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 3. 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. Option 2 Language 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 sign 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 sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 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 250 feet of a public street. 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. 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. 59 60 d. Sign message area may be increased as follows: i. For premises up to 85 acres in size, the sign area mav be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. ii. For premises over 85 acres in size the cumulative sign area for both grand monument signs shall not exceed 1250 sauare feet. No individual sign face mav have a message area in excess of 625 sauare feet. 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, except for premises over 85 acres in size. For premises over this size the height of one of the two grand monument signs may be increased above the height of the tallest building provided that for every increase to one of the signs the second sign height must be reduced by an eaual amount. In no case shall the height of any grand monument sign exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 3. 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.