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Home My WebLink AboutCAP 2009-02-09 Item 2A - Ordinance - Renew Sign Code Moratorium City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Jack Pace, DCD Director~C0 February 4, 2009 Renewal of Sign Code Moratorium FROM: DATE: SUBJECT: ISSUE The moratorium that the City has in place regarding the placement of certain signage types will expire in early April. DCD staff is requesting that the moratorium be renewed and extended an additional six months to allow sufficient time to complete the sign code update. BACKGROUND In the fall of 2008, DCDstaff realized that the Sign Committee recommendations may conflict with the existing sign code. In October of 2008, the City Council adopted a moratorium on the installation of certain sign types within the City. The following sign types were covered under the moratorium: 1. Animated and electronic signs 2. Freestanding signs taller than six feet. 3. Freeway Interchange Signs. 4. Billboards Throughout the past year, the City has been working extensively to write a new sign code. During the summer, the Sign Code Advisory Committee met a total of six times to review the various issues associated with sign regulations. On January 29, 2009, the City Council and Planning Commission were briefed on the recommendations of the Sign Code Advisory Committee. These recommendations included new standards for freestanding signs and prohibiting certain types of signage that is currently allowed under the existing sign code. The current moratorium is set to expire in early April and the new sign code will likely not be ready for adoption until the summer. ANAL YSIS DCD noted the complexities associated with dealing with non-conforming signs at the joint meeting. The new sign code will render dozens of existing signs non-conforming and DCD staff is hoping to work with these property and business owners to reduce the impacts of the new code. The moratorium has prevented the installation of new signs that may be rendered non- conforming when the new sign code is adopted and for this reason should be renewed. RECOMMENDATION The Council is being asked to approve the ordinance renewing the moratorium an additional six months. The Ordinance has tentatively been scheduled for the February 23, 2009, Committee of the Whole meeting and March 2, 2009 Regular Meeting. A public hearing will be conducted at the March 2 meeting. ATTACHMENTS A: Ordinance # 2208 fcO i....i:X ....~\ L,f<?i~ \(i)~ ~J~~,.~..~riflj gj City of Tukwila Washington Ordinance No. cRt:3.o?J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2165, 2170,2180 AND 2202; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING Ai\!" EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code -- the Sign Code -- regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current sign code is out- dated and needs to be updated, in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City, and that moratorium was renewed by Ordinance Nos. 2170, 2180 and 2202; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25,2007; and WHEREAS, on February 4, 2008 the City Council adopted Resolution 1656 which called for the creation of a Sign Code Advisory Committee to assist City staff in the creation of a new sign code; and WHEREAS, since July of 2008 the Committee has met five times to discuss the various issues associated with the creation of a new sign code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, the City has received and will continue to receive applications for a . variety of signs that may conflict With the City's update to Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City may adopt an emergency moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; C:\Documents and SettingslAlI Users\Des~"top\Kelly\MSDATA\Ordinances\Sign Code Moratorium.doc ksn 101112008 Page 1 on NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. Section 3. Moratorium Imposed. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re-erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TMC 19.08.030, any sign that 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. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions-Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with Title 19 of the Tukwila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 19.32.140 (E)(2). Nothing in this moratorium shall be construed to prevent the maintenance of a..Tl existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions-Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2165 dated June 4, 2007, No. 2170 dated July 2, 2007, No. 2180 dated November 19, 2007, and No. 2202 dated May 19, 2008 are hereby repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 8 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 6. Public Hearing to be Held. A public hearing on the issues of the moratorium shall be held not later than 60 days after the date of adoption of this ordinance. C:\Documents and SettingsWI Users\Des\:lcp\Kell;'I,\1SDA TA\Ordinances\Sign Code Moratorium.doo ksn 101112008 Page 2 of3 Section 7. Severability. H any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Emergency Declared--Effective Date. The Tukwila City Council hereby declares an emergency, necessary for the protection of the public health, public safety, public property and public peace. This public emergency ordinance shall take effect and be in full force immediately upon adoption. Pursuant to Matson v. Oark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "Whereas" clauses above, all of which are adopted by reference as Findings of Fact as if fully set forth herein. PASSED BY THE OTI COUNCIL OF THE OTI OF TUKWILA WASHINGTON, at a Regular Meeting thereof this {p -lb day of (Uv:.ffiK'" , 2008. ATTEST/ AUTHENTICATED: (\ _ ~~lL~d~'n{ / ~~~~ C:t(~y' .. [~ hristy O'Flaherty, CMC City erk ~ Filed with the City Clerk: /0/1/00 APPROVE FO BY: Passed by the City Council: frJ/(Plo'D Published: lo(q/o8 Effective Date: 10 Ill) loco Ordinance Number: r290'U ~ ayor C:\Documents and Settings\All Users\Desktop\.lCelly\,VlSDA T A\OrdinanceslSign Code Moratorium.doc ksn !Ofll2008 Page 3 of3