HomeMy WebLinkAboutCAP 2008-04-28 Item 2C - Ordinance - Renew Certain Types of Signage Moratorium
City of Tukwila
Jim Haggerton} Mayor
Department of Community Development
jack Pace} Director
TO:
Mayor
Community Affair and Parks Committee
Jack Pace, Directo~ ~
Brandon Miles, seni~ Planner
Renewal of moratorium on certain types of signage
FROM:
RE:
DATE:
April 16, 2008
Issue
Should the City renew a six-month moratorium on the acceptance of sign permit
applications for the installation of animated and electronic signs?
Background
On June 4,2007 the City Council adopted Ordinance 2165 which established a 180-day
moratorium on the installation of animated and electronic signs within the City. The
moratorium was renewed by the City Council on November 26,2007. The current
moratorium will expire on May 26, 2008.
The City is in the process of updating the City's sign code and in February of2008 the
City Council adopted resolution 1656 which established a Sign Code Advisory
Committee (Committee) to assist in the update. The first meeting of the Committee is
scheduled for May 15,2008. One ofthe work-items of the Committee will be to explore
the issues related to animated and electronic signs.
Next Step
Planning staff recommends that the proposed ordinance renewing the moratorium be
scheduled for the May 12,2008 COW meeting for a public hearing.
6300 Southcenter Boulevard, Suite #100 .. Tukwila, Washington 98188 .. Phone: 206-431-3670 .. Fax: 206-431-3665
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUK\.VILA,
WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEVVING FOR
AN ADDmONAL SIX-MONTH PERIOD A MORATORIU1\1 ON THE
FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR
CERTAIN TYPES OF ELECTRONIC SIGNAGE vVITHIN THE CITY OF
TUKWILA; PROVIDING FOR SEVERABILITY; M"TD ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage 'within the
City of Tukwila; and
WHEREAS, on June 4, 2007, the City Council passed Ordinance 2165, which
established a six-month moratorium on the filing of sign, development, and electrical
permits for certain types of electrorlic signage within the City; a...t1d
WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting
findings of fact to justify the moratorium established by Ordinance 2165; and
vVHEREAS, as part of the City's 2007 budget process the Department of
Community Development identified the need to update Title 19, and $45,000 was
earmarked for that purpose; and
WHEREAS, as part of the update to Title 19, the City will study and amend its
current regulations of electronic signs, animated signs, holographic displays and
scoreboards, and study the traffic and safety concerns that may result from these types
of signs; and
WHEREAS, at a joint meeting held on October 25, 2007, the City Council and
Planning Commission were updated by City staff regarding various sign code issues,
and the Council believes that additional time is needed to complete the steps necessary
for updating the City's sign code; and
WHEREAS, on February 4, 2008, the City Council adopted Resolution 1656, which
calls for the creation of a Sign Code Advisory Committee to assist the City in the sign
code update process. The Mayor has selected the Committee members, and the first
meeting of the Committee is scheduled for May 2008; and
vVHEREAS, the City has received and will continue to receive applications for
signs that may conflict with the City's update to Title 19 and may pose a potential threat
to public safety; and
vVHEREAS, the City desires to limit the number of signs that may be rendered
nonconforming by an update to Title 19, thereby avoiding the need for a staged
amortization program for the removal of such signs, which could pose a financial
burden to business owners, property owners and the City; and
WHEREAS, on November 19, 2007, the Tukwila City Council, following adequate
public notice, held a public hearing to receive testimony concerning the continuation of
the moratorium on fue filing of permits related to animated, electronic, and holographic
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signs. The City Council adopted Ordinance No. 2180, renev.'ing the moratorium for an
additional six-month period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKvVILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The "'^lhereas" clauses above and those adopted by
Ordinance 2170 are hereby adopted by reference as the City Council's Findings of Fact,
as if fully set forth herein
Section 2. Moratorium Renewed. As established by Ordinance 2165, the
moratorium is hereby renewed on the filing of sign, development and electrical permits
for the erection, re-erection, construction, or alteration of any sign which would be
classified as an "Electronic Sign" as defined under TMC 19.08.055; any sign which
would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign
which displays a "Holographic Display" as defined under TMC 19.08.105; and any sign
considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be
construed to prevent the maintenance of an existing sign, provided the maintenance is
consistent v..<ith the limitations specified in TMC 19.12.050, "Exceptions-Permits Not
Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This
moratorium shall not apply to any sign permit that was vested prior to the
moratorium's enactment.
Section 3. Term of Moratorium. The moratorium established by Ordinance 2165
and renewed herein shall take effect as set forth in Section 6 below, and shall continue
in effect for six months thereafter unless repealed, modified or renewed by the City
Council after a public hearing and entry of findings of fact.
Section 4. Work Plan. The City is pursuing the preparation of the updated
Tukv..<ila Sign Code, using the additional time to address and analyze various issues
regarding signage.
Section 5. 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 6. 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 TlJK\\1lLA, W ASHlNGTON,
at a Regular Meeting thereof this day of , 2008.
ATTEST/ AUTHEf\TTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Oerk
Filed with the City Oerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY:
Office of the City Attorney
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City of Tukwila
Washington
Ordinance No. d J ~O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN
ADDITIONAL SIX-MONTH PERIOD A MORATORIUM ON THE FILING OF
SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF
ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR
SEVERABIUTY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 19 of the TukwiJa Municipal Code regulates signage witllln t.he City of
Tukwila;and
.WHEREAS, on June 4, 2007, the City Council passed Ordinance 2165 which established a
six-month moratorium on the filing of sign, development, and electrical permits for certain types of
electronic signage Within the City; and
WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting findings of
fact to justify the moratorium established by Ordinance 2165; and
WHEREAS, as part of the City's 2007 budget process the Department of Community
Development identified the need to update Title 19, and $45,000 was earmarked for that purpose;
and
WHEREAS, as part of the update to Title 19, the City vJill study and amend its current
regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the
traffic and safety concerns that may result from these types of signs; and
WHEREAS, at a joint meeting held on October 25, 2007, the City Council and Planning
Commission were updated by City staff regarding various sign code issues, and the Council
believes that additional time is needed to complete the steps necessary for updating the City'S sign
code; and
WHEREAS, the City has received and will continue to receive applications for signs that may
conflict with the City's update to Title 19 and may pose a potential threat to public safety; and
WHEREAS, the City desires to limit the number of signs that may be rendered
nonconforming by an update to Title 19, thereby avoiding the need for a staged amortization
program for the removal of such signs, which could pose a fmancial burden to business owners,
property owners and the City; and
WHEREAS, on November 19, 2007, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the continuation of the moratorium
on the filing of permits related to animated, electronic, and holographic signs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The "Whereas" clauses above and those adopted by
Ordinance 2170 are hereby adopted by reference as the City Council's FLrldings of Fact, as if fully
set forth herein.
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Section 2. Moratorium Renewed. As established by Ordinance 2165, the moratorium is
hereby renewed on the filing of sip development and electrical permits for the erection, re-
erection, construction, or alteration of any sign which would be classified as an "Electronic Sign"
as defined under TMC 19.08.055; any sign which would be classified as an "Animated Sign" as
defined under TMC 19.08.030; any sign which displays a "Holographic Display" as defined under
TMC 19.08.105; and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this
moratorium shall be construed to prevent the maintenance of an existing sign, provided the
maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits
Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This
moratorium shall not apply to any sign permit that was vested prior to the moratorium's
enactment.
Section 3. Term of Moratorium. The moratorium established by Ordinance 2165 and
renewed herein shall take effect as set forth in Section 6 below, and shall continue in effect for six
months thereafter unless repealed, modified or renewed by the City Council after a public hearing
and entry of findings of fact.
Section 4. Work Plan. The City is pursuing the preparation of the updated Tukwila Sign
Code, using the additional time to address and analyze various issues regarding signage.
Section 5. 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 6. 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 laws
PASSED BY THE CITY COUNCIL OF THE CI OF TU' WILA, WASHINGTON, at a Regular
Meeting thereof this 1 day of 1 V rA D r 2007.
ATTEST /AUTHEENTICAAT�ED:
C<�c� Steven M. Mullet, Mayor
j E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPRO O F RM BY: Passed by the City Council:
Published: 9 -F'- 07
Effective Date: :2 [a 0 7
Of'tcCof the gfCy Attbrney Ordinance Number: A\ Qt7
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