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Home My WebLink AboutCAP 2009-07-13 Item 2 - Ordinance - Renew Sign Code MoratoriumTO: Mayor Haggerton Community Affairs and FROM: Jack Pace, DCD Directo ISSUE BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM DATE: July 6, 2009 )j� SUBJECT: Renewal of Sign Code Mbratorium The moratorium that the City has in place regarding the placement of certain signage types will expire in early September. DCD staff is requesting that the moratorium be renewed and extended an additional six months to allow additional time to complete the sign code update. In the fall of 2008, DCD staff 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 of 2008, 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 prohibition of certain types of signage currently allowed under the existing sign code. This spring Planning Staff sent out letters to individuals who were identified during the Sign Code Update process as interested parties. Planning staff invited these individuals to provide specific recommendations and policy guidance on the City's sign regulations. The current moratorium is set to expire in early September and the new sign code will likely not come before the City Council until the new Shoreline Master Program and the Tukwila Urban Center Plan work has been completed. Jim Haggerton, Mayor ANALYSIS 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 July 27, 2009, Committee of the Whole meeting and August 3, 2009 Regular Meeting. A public hearing will be conducted at the July 27, 2009 meeting. ATTACHMENTS A: Ordinance in Draft Form W: \Long Range Projects \Sign Code Update \CAP Memo, 2009.07.06.doc CT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING 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; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current Sign Code is out- 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; Ordinance No. 2170 adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180, 2202, expanded by Ordinance No. 2208, and renewed again by Ordinance No. 2225; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4, 2008, the City Council adopted Resolution No. 1656, which called for the creation of a Sign Code Advisory Committee to assist City staff in the creation of a new Sign Code; and WHEREAS, since July of 2008 the Committee has met 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, on January 29, 2009, the Planning Commission and the City Council were briefed on the recommendations of the Sign Code Advisory Committee. The recommendations, if included in the new Sign Code, will prohibit the installation of some sign types that are currently permitted within 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, on July 27, 2009, the City Council conducted a public hearing on the renewal of the moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. W: \Word Processing \Ordinances\Sign Code Moratorium.doc BM:ksn 07/10/2009 Page 1 of 2 Section 3. Moratorium Renewed. As expanded by Ordinance No. 2208, and renewed by Ordinance No. 2225, the moratorium is hereby renewed 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 an 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. Effective Period of Moratorium. The moratorium renewed by this ordinance shall be effective as set forth in "Effective Date" below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 5. 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 TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Ordinances \Sign Code Moratorium.doc BMksn 07/10/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2