HomeMy WebLinkAboutPermit L02-049 - CITY OF TUKWILA - SIGN CODE AMENDMENTL02 049
TUKWILA SIGN CODE
AMORTIZATION AMENDMENTS
Discussion
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City of Tukwila
Department of Community Development Steve Lancaster, Director
Memorandum
To: Tukwila Committee of the Whole
From: Steve Lancaster, DCD Direct
Date: November 18, 2002
Subject: Nonconforming Sign Ordinance
Background
Steven M. Mullet, Mayor
A draft ordinance amending the sign code to replace the sign amortization program and its
upcoming deadline with a new method of amortizing nonconforming signs was reviewed by the
Committee of the Whole at their November 12, 2002 meeting. Prior to the COW review, the
issue had been before the Planning Commission for a public hearing and recommendation, and
Community Affairs and Parks. The cause for this action is a Washington State Appeals Court
decision that the State Scenic Vistas Act (42.43 RCW) requires local monetary compensation for
enforced removal of nonconforming signs. Without a budget to compensate sign and property
owners, an alternative method of achieving sign code compliance was sought.
The attached ordinance replaces the existing amortization program, which has a deadline
approach to removal of nonconforming signs, with a method that requires compliance when any
changes are proposed to a nonconforming sign. This ordinance requires a sign permit for any
changes to signs whether nonconforming or conforming, a regulation that existed prior to the
adoption of the amortization program.
Modifications to the draft ordinance discussed and now incorporated into the attached ordinance
are:
♦ Addition of three sections dealing with sign permit application fees so that reference could be
made to the Land Use Fee Schedule adopted by Resolution; and
• Elimination of requirements for significant redevelopment and a new business license as
triggers for a sign permit; and
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.- �*ntA+r u•� +. rt wK I n 1"Pry - G rey/ vt. T /SM '/ n 1 WC C
• Addition of the phrase, "which is determined by appraisal." into the maintenance and repair
section; and
♦ Minor modifications to the grammar and format.
In addition, the Committee of the Whole concluded that an additional public hearing was not
necessary because of the notice given for the Planning Commission Public Hearing and the
direction and content of the amendments.
Request
8U.
Adopt the revised ordinance.
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City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
Memorandum
To: Tukwila Committee of the Whole
From: Steve Lancaster, DCD Director
Date: November 12, 2002
Subject: Sign Code Amortization Program Changes
Background
On September 19, 2002, the Supreme Court announced its decision not to hear the Federal Way
appeal of the Appellate Court's decision on that City's sign amortization program. The Appellate
decision found in favor of Horan & Rhodes who argued that the City of Federal Way must
follow the guidelines of the Scenic Vistas Act and monetarily compensate them for removing
their nonconforming signs that were visible from SR 99. The decision of the Appellate Court is
therefore law and binding on the City of Tukwila.
Without a significant budget for monetary compensation the City cannot enforce the amortization
deadline. In addition to nonconforming signs along Tukwila International B1., there are
nonconforming signs along SR 599, SR 518, and I -5 and I -405.
The Community Affairs and Parks Committee (CAP,) after a review of options, forwarded the
issue to the Planning Commission, asking for all means of bringing signs into compliance and
stating their favor for regulation similar to that which exists currently for nonconforming signs in
the Manufacturing Industrial Center.
Planning Commission Review
Staff held an open house and the Planning Commission held a public hearing. Sign contractors
who have done business with the City in the last five years and all businesses initially notified of
the Sign Amortization Program hearing were notified of this hearing and open house. The
Planning Commission expressed their disappointment with the results of the Court's decision but
concluded that there seemed to be no other viable option but to move forward with the
recommendations of the staff report (Appendix X.)
Community Affairs and Parks
CAP reviewed the Planning Commission's decision and made minor modifications before
forwarding to the COW. CAP minutes are attached as Appendix X.
APPENDIX 1
Page 1 of 2
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Discussion
Request
Review and discuss any changes to the draft ordinance and either:
The City Council has the option of holding an additional public hearing; however, the changes
being recommended are similar to the rules that were in effect prior to the amortization program;
that is — a sign permit requirement for any changes to an existing sign. The draft ordinance also
includes the requirement of a sign permit for:
♦ significant repair work to a damaged sign,
♦ significant construction on a premises with nonconforming signs, or
♦ a new business license.
Since the CAP meeting, the staff and legal counsel of Tukwila, Federal Way and SeaTac met to
discuss nonconforming sign regulation including risk of liability. Staff will brief the Council of
the results of this meeting and discuss implications with the draft language.
1. Forward this item to December 2, 2002 and schedule a public hearing; or
2. Forward this item to November 18, 2002 for adoption.
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L02 -049 Draft Sign Code Amendments
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
TUKWILA MUNICIPAL CODE, SIGN CODE
CHAPTER 19, AND ZONING CODE CHAPTER 18 IN
ORDER TO ELIMINATE THE SIGN
AMORTIZATION PROGRAM AND TO ADOPT
STANDARDS FOR THE REMOVAL OF
NONCONFORMING SIGNS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City amended its Sign Code (TMC 19) by creating a staged compliance
sign amortization program, hereinafter referred to as the amortization program, by Ordinance
1857 in 1998; and
WHEREAS, the amortization program established a deadline for nonconforming signs to
be brought into compliance with the City's sign standards; and
WHEREAS, there has been a judicial decision that local jurisdictions are governed by the
Scenic Vistas Act (47.42 RCW) that requires monetary compensation for removal of
nonconforming signs along primary state highways and interstates; and
WHEREAS, this decision has significant financial implications for the administration and
cost of the sign amortization program; and
WHEREAS, there is an alternate method of amortizing nonconforming signs that is
currently in use in the City's Manufacturing Industrial Center; and
WHEREAS, the removal on nonconforming signs continues to be a goal of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1913 §1 (part) as codified at 19. 12.050, of the Tukwila Municipal
Code, is hereby amended as follows:
Page 1 of 13
APPENDIX 2
L02 -049 Draft Sign Code Arnt..,ornents
19.12.050Exceptions - Permits not required.
A. The following shall not require a permit (these exceptions shall not be construed as
relieving the owner of any sign from the responsibility of its erection and maintenance and its
compliance with the provisions of this code or any other law or ordinance regulating the same):
1. The changing of the advertising copy or message on a theater marquee,
readerboard, billboard, and similar signs specifically designed for the use of replacement
copy;
.—. .Repainting or cleaning of an existing sign when there is no alteration; advertising
unless:
a. a ,tructural or electrical chanzc is made: or
1}:
• •
or message on any sign located in either the Manufacturing Industrial Center Light
Districts or the Manufacturing Industrial Center Heavy Districts (as they arc established
and identified under Title 18 of the Municipal Code
3. Temporary signs and decorations customary for special holidays, such as
Independence Day and Christmas, erected entirely on private property;
4. Real estate signs 16 square feet or less in area offering the immediate premises for
sale, lease or rent, except in LDR, DR and HDR zones where the maximum sign area allowed
is six square feet. Portable real estate directional signs (such as "A" boards), provided they are
used only when the real estate company representative, agent or seller is in attendance at the
property for sale. Rigid real estate directional signs provided they are used to advertise a
property that is currently for sale.
5. Signs not exceeding four square feet in area and advertising acceptance of credit
cards, provided these are located on the face of a building or upon another larger sign
background area for which a permit has been obtained;
6. One on- premises sign not electrical or illuminated, four square feet in area or less,
which is affixed permanently on a plane parallel to the wall that is located entirely on private
property;
Page 2 of 13
L02 -049 Draft Sign Code Arm— atnents
7. Traffic signs and/or markings, for the purpose of regulating, warning, or guiding
traffic, whether on public or private property. Such signs and markings shall comply with the
Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published
by the U.S. Department of Transportation, Federal Highway Administration;
8. Bulletin boards not over twelve square feet in area for each public, charitable or
religious institution when the same is located on the premises of said institution;
9. Temporary signs denoting the architect, engineer or contractor, when placed upon
work under construction and not exceeding 32 square feet in area;
10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into
any masonry surface or when constructed of bronze or other non - combustible material;
11. Signs of utilities indicating danger and service or safety information;
12. A maximum of four internal information signs as defined in TMC 19.08.120 and as
regulated by TMC Section 19.22;
13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced)
or 64 square feet (if multi- faced); and, if located on private property, must have the
consent of the property owner or the lawful occupant thereof. Each political sign
shall be removed within 10 days following an election, except that the successful
candidates of a primary election may keep their signs on display until 10 days after
the general election, at which time they shall be promptly removed. Signs of a more
general political nature (not related to an election) are not subject to time restrictions.
It is unlawful for any person to paste, paint, affix or fasten onto the surface of any
utility pole, bridge, sidewalk, or City -owned or operated vehicle, or any public
facility of any kind any such sign, poster, bill or advertising device when such
facilities are located on public property or within public easements;
14. Window signs which are of a temporary nature for commercial businesses and
which occupy less than 25% of the window surface. Signs on or in the window
which occupy more than 25% of the window surface are permanent and will be
considered part of the overall signing permitted for the business. Such permanent
window signs shall require permits;
15. Signs of community service and fraternal organizations, including notation of place
and date of regular activity meetings.
Page 3 of 13.
L02 -049 Draft Sign Code Ameuuments
16. Temporary signs displayed on City of Tukwila parks property. Said signage must be
pre- approved by the Director of the Tukwila Parks Department prior to display.
B. 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.
Section 2. Ordinances 1857 §5(part), and Ordinance 1274 §1(part), as codified at
19.28.030 of the Tukwila Municipal Code is hereby deleted.
of
Page 4 of 13
use until such time as:
1. There iz a change in use of the land, building or tenant space within a building that
the sigh identifies; or
2. There are substantial alterations or enlargements to the site or building exterior upon
•
3. There is a change in the letter style, Size, Zolor, background, message or sign structure
requirements of this code or shall be removed.
Exceptions: Easily replaceable bills and letters as in the case of a readerboard requiring no new
Modifications not requiring a permit as provided in TIM 19.12.050.A.I and 19.12.050.: \.2 shall
not be considered modification of a non conforming sign.
Section 3. Ordinances 1857 §5(part), and Ordinance 1274 ` I (part), as codified at
19.28.040 of the Tukwila Municipal Code, is hereby deleted.
19.28.040Closurc and vacation of business time limit for sign removal in the MIC,'L and
MIC,'II districts.
of said business or activity shall have 30 days from the-date-of closure to remove all ,,ign:r
L02 -049 Draft Sign Code Ameh,anents
Section 4. Ordinance 1857 §6 (part) as codified at 19.30.010 of the Tukwila Municipal
Code is hereby amended as follows:
19.30.010 General.
The purpose of this chapter is to establish limits on the continuation of and requirements for the
removal of nonconforming signs. Subject to the remaining restrictions of this chanter,
nonconforming 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 required.
sign code standards as to sign area, height and location by 15 ° or less shall be deemed to be
conforming.
Section 5. Ordinance 1857 §6(part), as codified at 19.30.015 of the Tukwila Municipal
Code is hereby deleted.
19.30.015 Chapter Application.
CentcrlIlcavy (MIC /H) District (as they are established and identified undef Title 18 of the
Tukwila Municipal Code).
(Ord. 1857 §6(part), 1998)
Section 6. Ordinance 1857 §6(part), as codified at 19.30.020 of the Tukwila Municipal
Code is hereby deleted.
Page 5 of 13
L02 -049 Draft Sign Code Ame.uments
All non conforming signs which arc off premises at the time of the adoption of the staged
compliance ordinan - - - - - - - - - : : - : : - • - ith Tukwila's sign code
known as the compliance period for non conforming off premises signs, expires on June 30,
.te -- -
management of a premises such that the sign no longer meets the definition of an on premises
sign (under TMC 19.08.1 10) must be removed within six months of such change in ownership or
.
(Ord. 1857 1993)
Section 7. Ordinance 1857 §6(part), as codified at 19.30.030. of the Tukwila Municipal
Code is hereby amended to read as follows:
19.30. 030 Removal Definition and removal of non - conforming on premises signs.
A. All non conforming signs that do not conform to the specific standards of this Code may
be considered legally nonconforming if the sign was erected in conformance with a valid
permit and comnlied with all applicable laws at the time of the sign's installation. are -eta
or brought into compliance with Tukwila's Sign Code standards within the four year base
on December 31, 2002. Business
ti
B. A lication for and issuance of a sign .ermit that com.lies with this Code is required:
1. For relocation, re- erection, alteration, replacement or change in any way to a
legal nonconforming sign - the structure or sign panel /face /copy; or
2. When a development permit is required for changes that equal 50% or more of the
assessed value of the •remises u.on which there are legal non - conforming sign s or
3. Re air of a le • al nonconforming sign that suffers more than 50% dama • e or
deterioration, which is based upon an appraisal.
.
4. Any legally nonconforming wall sign that exists as of January 1, 1999 and that exceeds sign
code standards as to sign area by 15% or less shall he deemed to he conforming. Any legally_
nonconforming freestanding sign that exists as of January 1. 1999 and that exceeds sign code,
Page 6 of 13
L02 -049 Draft Sign Code Amendments
standards as to sign area, height and location by 15% or less shall be deemed to be
conforming.
C. Prior to approval of a new business license, all legal nonconforming signs associated with the
previous tenant must be removed.
D. Modifications not requiring a permit are provided in the section "Exceptions — Permits
not required." (TMC 19.12.050.A.1 and 19.12.050.A.2' and shall not be considered alteration of
a non - conforming sign.
B. The VSR aarecmcnt is an agreement between a land owner and the City of Tukwila
regarding nonconforming on prerises cignagc. This agreement allows an extended time period
Sian Code standards.
Page 7 of 13
(Ord. 1982 1 2001; Ord. 1857 §6(part), 1998)
Section 8. Ordinances 1982 §2, and 1857 §6(part), as codified at 19.30.040 of the
Tukwila Municipal Code is hereby deleted:
Any non conforming on premises sign covered by a VSR agreement will be allowed an extended
compliance period beyond the four year base amortization period. Applications arc available
ll be established by staff. The approval and execution of all VSR's will
occur no later than June 30, 2000. The implementation deadline for all approved and executed
• •
Section 9. Ordinances 1982 §3 and 1857§ 6 (part) as codified at 19.30.050 of the
Tukwila Municipal Code is hereby deleted.
PERCENT OF REDUCTION EQUALS:
footage A 15% bonus for
Total non conforming square f
reduced per the V
divided b
cquarc f
, -
of the extended compliance period, as f
EXTENDED COMPLIANCE PERIOD
• - -
Duration o
- -
of E
30% N
Not e
Loss than 3
eligible f
30% but n
" .
At least 3
. "
least 45% but n
7 y
At l
years (base amortization +
L02 -049 Draft Sign Code Amendments
to
IFNI
a a
a a
- 0 /
Section 10. Ordinance 1857 §6(part) as codified at 19.30.060 of the Tukwila Municipal
Code is hereby deleted.
• e • -- --
Page 8 of 13
L02 -049 Draft Sign Code Amendments
Section 11. Ordinance 1857 §6(part), as codified at 19.30.070 of the Tukwila Municipal
Code is hereby deleted.
19.30.070 Nuisance.
•
Section 12. Ordinances 1964 and 1857 §6(part) as codified at 19.30.075 of the Tukwila
Municipal Code is hereby deleted.
19.30.075 Appeals under TMIC Chapter 19.30 Fcc.
appellant prevails, this appeal fee will be refunded.
(Ord. 1964 §1,2001) (Ord. 1857 §6(part), 1998)
Section 13. Ordinance 1857 §6(part), as codified at 19.30.090 of the Tukwila Municipal
Code is hereby amended as follows:
19.30.090 Maintenance and repair.
Nothing in this chapter shall relieve the owner or user of a non - conforming sign from the
provisions of this code regarding safety, maintenance and repair of signage. However a permit
issued in conformance with this Code is required if repairs are needed for a nonconforming sign
that has suffered more than fifty (50) percent damage or deterioration.
(Ord. 1857 §6(part), 1998)
Section 14. Ordinances 1857 §7, and Ordinance 1847 §2, and Ordinance1796 §3(part),
Ordinance 1768 §2(part), as codified at 18.104.010, of the Tukwila Municipal Code, is hereby
amended as follows:
Page 9 of 13
(Ord. 1857 %6(peft), 1998)
TYPE OF PERMIT
DECISION MAKER
Building Permit
Building Official
Utility Permit
Public Works Director
Sign Permit, except for those sign permits specifically
requiring approval of the Planning Commission or
denials of sign permits which are appealable
Community Development Director
Land Alteration
Public Works Director
Boundary Line Adjustment, including Lot
Consolidation
Community Development Director
Minor Modification to PRD (TMC 18.46.130)
Community Development Director
Minor modification to BAR approved design (TMC
18.60.030)
Community Development Director
Any land use permit or approval issued by the City,
unless specifically categorized as a Type 2, 3, 4, or 5
decision by this Chapter
As specified by Ordinance
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Planned Residential
Development
(TMC 17.08.040)
Short Plat
Committee
Hearing Examiner
Short Plat
(TMC 17.08.060)
Short Plat
Committee
Hearing Examiner
Binding Site Improvement Plan
(TMC 17.16)
Short Plat
Committee
Hearing Examiner
L02 -049 Draft Sign Code Amendments
18.104.010 Classification of project permit applications.
A. Project permit decisions are classified into five types based on the amount of discretion
associated with each decision, as set forth in this section. Procedures for the five different types
are distinguished according to who makes the decision, whether public notice is required,
whether a public meeting and/or a public hearing is required before a decision is made and
whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City administrator
who made the decision. Public notice is not required for Type 1 decisions or for the appeals of
those decisions.
C. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record appeal to
the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits,
an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 2 DECISIONS
TYPE 1 DECISIONS
Page 10 of 13
Shoreline Substantial Development Permit
(TMC Chapter 18.44)
Community
Development
Director
State Shoreline
Hearings Board
Decision regarding Sensitive Areas (except
Reasonable Use Exception)
(TMC 18.45.125)
Community
Development
Director
Planning
Commission
Special Permission Parking, and Modifications
to Certain Parking Standards
(TMC 18.56.060 and .070)
Community
Development
Director
City Council
Parking standard for use not
specified
(TIvIC 18.56.100)
Community
Development
Director
City Council
Code Interpretation
(TMC 18.90.010)
Community
Development
Director
Hearing Examiner
Special Permission Sign, except "unique sign"
(various sections of TMC Title 19)
Community
Development
Director
Planning
Commission
Sign Permit Denial
(TMC 19.12)
Community
Development
Director
Planning
Commission
Sign Area Increase
(TMC 19.32.140)
Community
Development
Director
Planning
Commission
Signagc VSR
Community
Planning
Substitution of under .1 :rccmentJ
Development
Commission
(T■C 19.30.060)
Dimmer
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land alteration, sign)
Hearing Examiner
Resolve uncertain zone district boundary
Hearing Examiner
L02 -049 Draft Sign Code Amendments
D. Type 3 decisions are quasi-judicial decisions made by the Hearing Examiner following an
open record hearing. Type 3 decisions may be appealed only to Superior Court, except for
shoreline variances, which may be appealed to the State Shoreline Hearings Board pursuant to
RCW 90.58.
TYPE 3 DECISIONS
D. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or
the Planning Commission, following an open record hearing. Type 4 decisions may be
appealed to the City Council, which will hold a closed record appeal hearing based on the
record established by the Board of Architectural Review or Planning Commission, except
Shoreline Conditional Use Permits, which are appealable to the State Shoreline Hearings
Board pursuant to RCW 90.58.
Page 11 of 13
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record
appeal)
Shoreline Conditional Use Permit
(TMC 18.44.050)
Planning Commission
State Shorelines
Hearings Board
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.115)
Planning Commission
City Council
Design Review
(TMC Chapter 18.60, 18.56.040 and
Shoreline Master Program)
Board of Architectural
Review
City Council
Modifications to Certain Parking
Standards
(TMC Chapter 18.56.)
Planning Commission
City Council
Conditional Use Permit
(TMC Chapter 18.64)
Planning Commission
City Council
Landscaping for Changes to
Nonconforming Uses
(TMC 18.70.090)
Board of Architectural
Review
City Council
Unique Signs
(TMC 19.28.010)
Planning Commission
City Council
TYPE OF PERMIT
DECISION
MAKER
Subdivision - Preliminary Plat
(TMC 17.12.020)
City Council
Subdivision - Final Plat
(TMC 17.12.030)
City Council
Planned Residential Development (PRD), including Major
Modifications
(TMC Chapter 18.46)
City Council
Unclassified Use
(TMC Chapter 18.66)
City Council
Rezone (TMC Chapter 18.84)
City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
L02 -049 Draft Sign Code Amendments
TYPE 4 DECISIONS
F. Type 5 decisions are quasi - judicial decisions made by the City Council following an open
record hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE 5 DECISIONS
Section 15. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be
pre - empted by state or federal law or regulation, such decision or pre - emption shall not affect the
Page 12 of 13
L02 -049 Draft Sign Code Amendments
validity or constitutionality of the remaining portions of this ordinance or its application to any
other persons or circumstances.
Section 16. 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 and effect on
2001.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2000.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
C:\mcblsigns\ord newamort.doc
Steven M. Mullet, Mayor
Page 13 of 13
Community and Parks Committee
October 29, 2002
Present: Joe Duffle, Chair; Joan Hernandez, Pam Carter
Evie Boykan, Stacy Hansen, Moira Bradshaw, Rhonda Berry, John McFarland,
Steve Lancaster, Alan Doerschel, Lucy Lauterbach
Human Services Funding Proposals The City got $ 103,000 more in requests than it had in
funding. Funding is remaining at the 2002 level. The Human Services Advisory Committee
worked hard to evaluate the 40 proposals and recommend a balance in programming. There was
a good balance of expertise on the Committee, with citizens well- versed in social service needs
from different vantage points. They based their decisions on past and existing performance, and
the funding situation of the agencies. The International Rescue Committee was dropped due to
not following the instructions on the application. Three food banks are being funded, and Stacy
explained many families can't get by on the supplies from one food bank for a whole month.
Alan said the pressure for funds for water bills is increasing. Catholic Community Services has
some funds to,help with water bills. The Multi- Service Center can sometimes help with heat and
power bills. The committee expressed their appreciation to staff and the citizen committee that
worked on this. Recommend funding to Council budget review process.
Fort Dent Transfer John has been the lead negotiator on this issue, and said the only way the
City can take over the park is if people pay to use it. Starfire, a local private non - profit group, has
proposed improving and using the park for soccer and baseball. There is a question John is
working on about how much a company can operate and charge on a public park, or whether that
would violate the bond covenants. Another issue is that Fort Dent may have once been a garbage
dump, and that could result in environmental clean -up issues in the future. John is pushing the
County to use the State Model Toxic Clean Up language instead of what they'd drafted so far.
Finally, the City need King County to give some funding to help maintain the park. If King
County pays a certain amount to mothball closed parks each year, they can perhaps help
Tukwila, also. Bruce said Parks wants to keep the park open and make it available to the larger
community through Lodging Tax Advisory marketing. The City will be responsible for the
parking lots, picnic and play areas, . the trail, and the pond. Maintenance should cost around
$40,000 per year. Bruce said there will be local park aspects as well as regional aspects. Joan
asked if the agreement should state the takeover is contingent on Starfire participation in the
park. John reported the mayor has said we'll operate it, and if Starfire leaves, we can close the
park. Recommend agreement to COW.
Sign Code Amortization At their last meeting, Community and Parks directed the issue of the
current amortization of non - conforming signs to the Planning Commission. The Commission
held a public hearing, at which 3 people agreed with removing the requirements for updating the
signs by year's end. The Committee talked about what would trigger a requirement to bring a
non - conforming sign into compliance. Any new business would need to update their sign.
Moving, altering, or changing a non - conforming sign will require replacement; as will
constructing on a site or building exterior that has non - conforming signs, or repairing a sign that
has 50% damage. A provision that says property owners must take down their signs within 30
APPENDIX 3
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days of leaving their business was removed. Moira said there is still a provision that says
property owners must maintain their signs. When the City improves the TIB (or any street), if
signs are made non - conforming through right of way acquisition, the City will most likely need
to replace them with a conforming sign. There was also a discussion of billboards and the
decision was made not to address them with the current proposed amendments. Recommend
ordinance to COW.
2003 Budget and CIP The committee reviewed all of their assigned budgets: Council,
Commissions, Parks and Recreation, Golf; and Parks and Trails and Golf CIPs. Recommend
budget to Council review.
Committee chair approval
IBC
BOARD OF ARCHITECTURAL REVIEW
AND
PLANNING COMMISSION PUBLIC HEARING
MINUTES
OCTOBER 24, 2002 z
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The Public Hearing was called to order by Chair Livermore at 7:00 p.m. +- w
Present: Chair David Livermore, Commissioners: Vern Meryhew, Henry Marvin, Margaret -J 0
Bratcher, Bill Arthur and George Malina co 0
Absent: Kirstine Whisler w =
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Representing City Staff: Nora Gierloff, Minnie Dhaliwal and Wynetta Bivens w O
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VERN MERYHEW MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM g _,
SEPTEMBER 26, 2002. HENRY MARVIN SECONDED THE MOTION; THE MOTION WAS
UNANIMOUSLY APPROVED. = a
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Chair Livermore, swore in those wishing to provide testimony. "'
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BO ARD OF ARCHITECTURAL REVIEW PUBLIC HEARING L
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CASE NUMBER: L02 -017 0 g 2 .
APPLICANT: William L Harris w w
REQUEST: Design review for an approximately 2,844 square feet addition to an existing building. • C ?
LOCATION: 235 Strander Boulevard, Tukwila L- O
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Minnie Dhaliwal gave the presentation for staff. She passed around the revised drawings, that the applicant U
submitted prior to the public hearing, based on staffs recommendations. Staff recommended approval of the Design p
Review application with the following conditions: z
1. The rooftop HVAC units must be painted the same color as the building to minimize visibility from higher
elevations of the adjoining buildings.
2. All illegal signs must be removed prior to issuance of the building permit.
Commissioner Livermore expressed some concern regarding lack of sidewalks around the building site for
pedestrian safety.
Commissioner Malina had some questions regarding the landscaping.
Will Harris for the applicant, addressed the concerns regarding the sidewalk and the landscaping and he a talked
about the improvements made to the project, as well as, offered to answer questions.
There were no further comments.
Public Hearing closed by Chair Livermore.
The Commission deliberated.
APPENDIX 4
Planning Commission
Page 2
HENRY MARVIN MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS,
RECOMMENDATIONS, AND CONDITIONS FOR CASE NUMBER L02 -017 FOR A DESIGN REVIEW
PERMIT. GEORGE MALINA SECONDED THE MOTION, ALL VOTED IN FAVOR.
PLANNING COMMISSION PUBLIC HEARING
CASE NUMBER: L02 -049
APPLICANT: City of Tukwila
REQUEST: Amend the Sign Code (TMC 19) Amortization Program
LOCATION: city-wide
Moira Bradshaw gave the presentation for staff. She handed out a revised version of attachment B, which she
stated had more refined language. She stated that the proposal is a legislative action and then gave a background
report, after which she described what the different options are that the Planning Commission could approve.
The recommended changes in Attachment B reflected the direction preferred by CAP.
Background:
• In 1998 the City adopted the Sign Code Amortization Program and the Voluntary Sign Reduction Agreement.
•• Several other Cities in the area also adopted similar programs.
• Federal Way had a deadline that preceded Tukwila's and went through the process of enforcing their
Amortization Program.
• A section of Federal Way is along state highway 99.
• At the end of Federal Way's enforcement process a couple of sign owners raised the issue of a state statue,
The Scenic Vistas Act.
• There were appeals of the enforcement that went out to the property owners, which went as high as the
Supreme Court, who denied review of the case.
• The Appeals Court decision stands, which states that local jurisdictions are required to comply with the
Scenic Vistas Act.
• The Scenic Vistas Act states that local jurisdictions that require businesses or sign owners to remove non-
conforming signs must follow through with a monetary compensation for those signs.
• Over half of the non - conforming signs are located on Tukwila International Blvd.
• The Scenic Vistas Act includes the interstates and other primary state highway systems. In Tukwila there are
non - conforming signs along SR599 and SR518, and I -5.
• Options for the City were discussed with the Community Affairs and Parks Committee.
Options:
1. Keep current program and fund the removal of non - conforming signs along the highway. However, there
doesn't appear to be a priority to follow through with a budget supporting the Amortization Program.
2. Keep the Amortization Program deadline for sections of the City that are not subject to the Scenic Vistas Act
and adopt the method currently used in the Manufacturing Industrial Center in those areas that are subject to
the Scenic Vistas Act. Some of the problems associated with this approach: Marketing program, whether
you're in or you're out; whether you are subject to the Scenic Vistas Act, would have it's own difficulty of
administration.
3. The Council recommended — proceeding with changes that would adopt one method of amortizing non-
conforming signs, which is what is currently in place for Manufacturing Industrial Center.
Current deadline:
• December 31, 2002
• It would be prudent to make any changes to the Sign Code before the deadline.
Suggested modifications:
• A permit will be needed to change the face of a sign
• Clean up the exemption section
• Consolidated the non - conforming sign language in a non - conforming section.
Q: \P LANCOM \MINUTES\ I 0- 24- 02.doc
Planning Commission
Page 3
• New business will be required to bring signage into compliance.
• Keep in the 15% exemption.
• Took out the section enforcing vacated businesses to remove non - conforming signs.
• If a sign is damaged in any way by more than 50% it must be repaired or replaced with a con - forming sign.
Testimonies:
Michael Aippersbach spoke in support of the proposed changes. He stated the changes are positive, helpful, and
clarify sign issues that he has run into with clients.
Doug Steinberg, owner of the adjacent property, was present to make sure he clearly understands the changes
and to be informed, in order to direct the new tenants correctly on sign issues.
Moira answered several questions for the Planning Commission.
There were no further comments.
Public Hearing closed by Chair Livermore.
The Commission deliberated.
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VERN MERYHEW MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND v 0
THE RECOMMENDATIONS; CONTAINED IN ATTACMENT B DISTRIBUTED AT TONIGHTS 0 52
MEETING, FOR CASE NUMBER L02 -049 AMENDING THE SIGN CODE AND TO FORWARD IT ON w w
TO CITY COUNCIL. HENRY MARVIN SECONDED THE MOTION, ALL VOTED IN FAVOR. ▪ U
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Continued from the 9 -26 -02 Public Hearing:
CASE NUMBER: L02 -027
APPLICANT: Verizon Wireless
REQUEST: To co- locate wireless facility on the roof of an existing building.
LOCATION: 14800 Interurban Avenue South
Bill Arthur made a declaration that he had a conflict of interest because his wife is employed by Verizon
Wireless, and he felt obligated to step down from the proceedings, and left the Council Chambers.
Commissioner Meryhew asked "if it would be a problem for Commissioner Malina to hear this case because it is
a continuation and he was not present for the first hearing "?
It was necessary for Commissioner Malina to step down from hearing the continuance on the Verizon case
because he was not present at the original hearing and he too left the Council Chambers.
Minnie Dhaliwal, gave the presentation for staff. She passed out the revised drawings submitted by the applicant
that addressed condition number one in the staff report on the vertical wall of the cupola was aligned with the
gable end of the existing roof ridge. Staff recommended approval of the Conditional Use Permit with the
following condition:
1. The materials and colors of the proposed cupola structure shall be consistent with the architecture of the
existing building.
Mark Nyhus, for the applicant, reiterated they have made all of the requested changes, and thinks the structure is
more appealing and hopes the Planning Commission will approve the project. He also offered to answer
questions.
Q: \PLANCOM \MINUTES\ I 0- 24- 02.doc
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There were no further comments.
Public Hearing closed by Chair Livermore.
The Commission deliberated.
Q: \PLANCOM \MINUTES\ 10- 24- 02.doc
HENRY MARVIN MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS,
RECOMMENDATIONS, AND CONDITIONS FOR CASE NUMBER L02 -027 FOR A DESIGN REVIEW
PERMIT. MARGARET BRATCHER SECONDED THE MOTION, ALL VOTED IN FAVOR.
Director's Report
• Nora announced the dates for the Public Hearings in November and December, which are on holiday schedule.
Adjourned at 8:00 PM
Respectfully Submitted
Wynetta Bivens
Administrative Secretary
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October 23, 2002
Moira Carr Bradshaw
City of Tukwila
6300 Southcenter Blvd.
Tukwila, Wa. 98188
Dear Moira Carr Bradshaw,
I am writing to you about the Tukwila sign ordinance apd proposed
amortization plan as it relates to Highline Community Hospital,
Specialty Center. The Hospital, the only one in the City of Tukwila,
is located at 12844 Military Rd. The hospital has 800;'+ street frontage
on Military Road with four entrances that each has one freestanding
directional sign as well as multiple internal information signs in the
parking areas and on the building entrances. These signs are part of a
hospital site locating plan that allows patients and visitors to park
and enter the proper entrance relative to their care. •. Highline
Community hospital uses the Department of Health general design
standards for signage types and size as do all other Hospitals.
The hospital would like the Planning Committee /City Council
to allow existing signage to remain until their is a major site
renovation. In addition we would like the City of Tukwila to
consider including the Hospital in a special exempt category that would
allow us continue to sign our facility with hospital directional signs
that are necessary for patients to locate their needed medical service.
I would be happy to meet with a City Planner to discuss our specific
request in order to provide more complete information to the Council.
If you have questions please call me at 206- 431 - 5343. Thank you for
this oppurtunity.
KIM
HIGHLINE COMMUNITY HOSPITAL
HEALTH CARE NETWORK
Dianne Munroe
Director, Plant Operations
Highline Community Hospital
16251 Sylvester Rd. SW Burien, WA98166- (206) 244 -9970
The Choice in Southwest King County.
APPENDIX 5
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HEARING DATE:
NOTIFICATION:
FILE NUMBER:
APPLICANT:
REQUESTS:
ASSOCIATED PERMITS:
LOCATION:
SEPA DETERMINATION:
RECOMMENDATION:
STAFF:
ATTACHMENTS:
Cizy of Tukwila
Staff Report to
Tukwila Planning Commission
Prepared October 17, 2002
October 24, 2001
Department of Community Development Steve Lancaster, Director
1.) Seattle Times Notice of Public Hearing on October 12, 2002.
2.) Notices were mailed to sign contractors and businesses from the
1998 mailing as well as all contractors who have done business in
Tukwila for the last 5 years.
3.) Staff distributed public notices and briefed the 99 Action
Committee at their October 8, 2002 meeting.
L02 -049
City of Tukwila
Amend the Sign Code amortization program (TMC19.)
Addendum to SEPA Determination — File E98 -0018
All properties with nonconforming on premise signs other than
those in the Manufacturing Industrial Center.
Determination of Nonsignificance
Hold a public hearing and recommend amendments to the City
Council.
Moira Carr Bradshaw
A. City Council Community Affairs and Parks Committee
Minutes
B. Sign Code Proposed Amendments
Steven M. Mullet, Mayor
APPENDIX 6
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431-3670 • Fax: 206- 431 -3665
Staff Report to the Planning Commission L02-049 Sign Code Nonconforming Signs
Findings
Background
The City amended its Sign Code in 1998, establishing an amortization period for nonconforming
on- premise signs and creating a voluntary sign reduction (VSR) agreement process. With a
deadline of December 31, 2001, the program had a three year amortization period and an
extended compliance period for property owners who agreed to VSRs.
In February 2001, the Superior Court of King County reversed a decision of Federal Way's
Hearing Examiner and said that enforcement of the City's sign amortization program requires
compliance with the compensation provisions of the Scenic Vistas Act, (47.42 RCW.) The court
case arose when the Federal Way Hearing Examiner upheld Notices of Violation sent to two sign
owners with businesses on State Route 99, told the sign owners they were in violation of the
Federal Way Sign Code, and ordered the property owners to remove the nonconforming signs.
The City of Federal Way appealed to the Appeals Court,' who upheld the decision of Superior
Court. The decision of the Appellate Court on this matter is a ruling on the law and is binding on
the City of Tukwila. The City of Federal Way appealed the decision to the State Supreme Court
who declined to hear the case.
The Community Affairs and Parks Committee reviewed this issue most recently at their October
15, 2002 meeting. They recommend that the Planning Commission remove the amortization
deadline from the Sign Code and focus on the method currently in use in the Manufacturing
Industrial Center (MIC.) In addition they would like to see Code language that would ensure
swift replacement of nonconforming signs as recommended in the memo to the CAP.
(Attachment A)
A half dozen business owners attended the open house held by staff on October 15, 2002.
Several of the attendees were from businesses in the MIC, others generally expressed the desire
to keep their signs. Most seemed to be of the opinion that nonconforming signs should be
replaced when a new business occupies a site.
Issues
Three options are discussed below in light of this recent judicial ruling on sign amortization on state
highways.
Option 1. Keep the deadline — no change
The Sign Code's deadline for removal of nonconforming signs is December 31, 2002. (The City
of Tukwila extended its initial deadline to await a final decision in the Federal Way case.) If
nonconforming signs are not removed by that date then they become illegal. Code compliance
would need to approach each sign owner and property owner subject to the Scenic Vistas Act
with a proposed compensation figure for his or her sign (s.) Sign owners not impacted by the
Act would be asked to remove their nonconforming signs by the deadline.
I Harry Horan & David Rhodes v. City of Federal Way, King County Superior Court No. 00 -2- 262949 Kent,
Court of Appeals, Division I No. 48432 -0 -I (filed in May 2001)
Page 2 of 4
Staff Report to the Planning Commission L02 -049 Sign Code Nonconforming Signs
There are several negatives associated with implementing Option 1.
1. The budget for a monetary compensation program would be extremely speculative and
therefore it would not appear to be a fiscally rational option. Money is required for an
appraiser to quantify some value for the sign, for the amount to be given to the sign owner as
well as to the property owner. In addition, there is the cost of an attorney, should the sign
owner and City not agree and need to go to court.
2. The scope of the Scenic Vistas Act includes signs that are visible from interstates and the state's
primary highway system. Therefore in Tukwila, there are nonconforming signs along SR -599,
SR -99, SR-518,1-405, and I -5.
Option 2. Exclude properties /signs affected by the Scenic Vistas Act
The City could declare signs affected by the Act as legally nonconforming. The City would then
enforce the deadline wherever it appears the Scenic Vistas Act has no authority.
Administratively it would be difficult to explain to the business community why some signs are
allowed to remain while others must be removed. In addition, the City would in effect be
attempting to interpret a state statute and there could be issues of accuracy and consistency due to
the City's reading of the state statute.
The overall positive impact of amortization will be lessened and not as visible because of the
scattered locations of the signs.
Option 3. Substitute the amortization method in use in the City's Manufacturing Industrial
Center (MIC)
Refacing signs would no longer be allowed. There are two parts to a sign — the structure, i.e.
pole and or sign support — and the copy or sign face /panel. Without needing to obtain a permit,
new businesses reuse the nonconforming sign structures by simply manufacturing a new sign
face that is slipped into the existing sign structure.
With this approach, benefits are over the very long term, as some nonconforming signs will
remain for decades and the overall visual environment along the City's streetscapes will improve
gradually. However, having the same sign regulations for all areas of the City will ease
enforcement, understanding and administration of the Code.
Conclusion
1. The current fiscal picture for the City is difficult. Under consideration is implementation of a
utility tax for the first time in City history in order to maintain existing basic services.
Therefore budgeting funds for a program to compensate nonconforming sign owners for the
removal of these signs is not a priority.
2. Continuing efforts to ensure the goal of equity among business signage along City streets
(including those classified as State highways) is a priority
Page 3 of 4
Staff Report to the Planning Commission L02 -049 Sign Code Nonconforming Signs
3. Continuing efforts to ensure the goal of reduced number of signs and achievement of a
community standard for sign quality is a priority.
4. There are techniques other than an amortization deadline that will assist in achieving these
goals.
Recommendation
Recommend the proposed changes in Attachment B to the City Council.
C: \mcb\signs \STAFF rpt.doc
Page 4 of 4
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Community and Parks Committee
October 15, 2002
Present: Joe Duffle, Chair; Joan Hernandez, Pam Carter
Jim Morrow, Steve Lancaster, Bruce Fletcher, Rick Still, John McFarland,
Rhonda Berry, Moira Bradshaw, Nora Gierloff, Lucy Lauterbach
1. Administrative Design Review/BAR The Council had recently authorized using the
administrative design review in lieu of the more formal BAR review for some smaller projects
and remodels of buildings. The Planning Commission did not get any input at their public
hearing on this issue. Because the change affects differently sized buildings in most zones, it was
helpful when Nora demonstrated this with a small chart drawn on a blackboard. The zones and
design review requirements were shown on a chart, and included in proposed zoning code
language. Some projects that previously did not require design review if they were smaller than
10,000 s.f. will now be required to have an administrative design review for buildings under
10,000 s.f. . Other projects will find some relief in not having to go to the BAR, but rather will
go through the administrative design review process. Appeals of administrative design reviews
will be made to the BAR. The committee asked about regulating some single - family home
design in housing developments, but Steve explained that's a difficult issue which the Planning
Commission considered and then decided against. The committee was satisfied with the staff
information, and recommended it to Council. They also recommended Nora's little drawing be
included. Recommend design standard reviews to COW.
2. Fort Dent Park John and Bruce discussed the negotiations that have been going on
between the County and City about King County's turnover of the park to Tukwila. Because the
park carries a $400,000 per year maintenance cost, it would have been hard for the city to take
the park with our current economic status. However, a local non- profit company, Starfire Sports,
has proposed using the park to put a first class soccer complex into. The park would include five
synthetic grass soccer fields, an improved stadium area, and an indoor soccer facility. The city
would maintain the parking lots and the area near the small lake with play areas and picnic
tables. There will be areas to play unstructured sports in. The City will get $10,000 use of
softball play and $10,000 of soccer use. The City will also help with maintenance and marketing
the park. This appears to be a win -win proposition for the County, City, and Starfire. Joe asked
what name the park would have, and was told it would stay Fort Dent, but elements within the
park will be named Starfire. The park is a Forward Thrust park.. Brief COW on Starfire
proposal; return draft agreement to Committee.
3. Equity and Diversity Commission Ordinance Joan said she had been uncomfortable seeing
the ordinance at a Regular Meeting without its having been to a COW. The recommended
changes in membership are not a perfect solution, but after some discussion, the committee
agreed to forward the ordinance back to COW for consideration. The discussed whether they
should add positions for students, but decided it has been too difficult to find students who would
commit to something like the Commission for any amount of time. The two members who are
willing to be appointed now should be able to fill some of the vacant positions. Recommend
ordinance to COW.
Attachment A
4. Sign Code Amortization The State Supreme Court decided not to hear an appeal of Federal
Way sign amortization court case . The Appellate Court held that the City had to compensate
anyone who they required to replace a non - conforming sign when that sign was visible from a
state or federal highway. Moira pointed out that between Highways 99, 599, 518, and Interstates
5 and 405, many of the city's non - conforming signs were visible from a highway. Therefore,
staff recommended and the Committee agreed, to take off the amortization period for replacing
non - conforming signs, and to turn toward requiring sign compliance whenever a new business
moves into a property or does a major remodel. They can also prohibit new signs while there is a
non - conforming sign up, and any master sign permit would require removing old non-
conforming signs. Joe asked if these would be legal, and Steve replied they would be. The
committee supported all of these tactics. Pam asked if whether businesses that moved out of a
property had to remove their sign, and was told no, because the City hadn't wanted the buildings
to look too vacant. Recommend rescission of requirement to replace non - conforming signs
within a certain time and replacing with new tactics to Planning Commission.
5. Disposition of Park and Golf House The green house that has sat near Interurban and the
Golf Course parking lot needs to be removed for the work on the clubhouse that will begin in
early 2003. Although there was a person who was interested in buying the house last year, that
person does not have a legal lot to move the house to, and the City does not have the time nor
good prospects that would make bidding it out worth it. John talked about the house being used
by the Park and Golf Course staff when the City first took over the Golf Course. He said it was
built in the 1940s and has no special features. The committee supported doing the most common-
sense thing and demolishing it as part of the clubhouse contract. Recommend demolition;
inform Council.
Committee Chair approval
Attachment A
L02 -049 Draft Sign Code Chan
b.
Chapter 19.12
Sections:
19.12.010 Required.
19.12.020 Application procedure.
19.12.030 Application for sign permit - Contents.
19.12.050 Exceptions - Permits not required.
19.12.060 Criteria for granting variances.
19.12.070 Fees - Permanent signs.
19.12.080 Fees - Temporary signs.
19.12.090 Fees - Work started prior to permit issuance.
19.12.110 Maintenance and removal of signs.
19.12.120 Special permit signs and displays.
19.12.130 Revocation.
PERMITS
established and identified under Title 18 of the Municipal Code.
Page 1 of 10
October 17, 2002
19.12.050 Exceptions - Permits not required.
A. The following shall not require a permit (these exceptions shall not be construed as
relieving the owner of any sign from the responsibility of its erection and maintenance and its
compliance with the provisions of this code or any other law or ordinance regulating the same):
1. The changing of the advertising copy or message such as on a theater marquee,
readerboard and similar signs specifically designed for the use of replacement copy;
2. Repainting or cleaning of an existing sign,advcrtising structure shall not be
considered an erection or alteration that requires a sign permit unless:
a. a structural or electrical change is made; or
c. except as provided in TMC 19.12.050A.1 there is a change in the advertising copy or
Attachment B
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L02 -049 Draft Sign Code Chan
October 17, 2002
3. Temporary signs and decorations customary for special holidays, such as
Independence Day and Christmas, erected entirely on private property;
4. Real estate signs 16 square feet or less in area offering the immediate premises for
sale, lease or rent, except in LDR, MDR and HDR zones where the maximum sign area allowed
is six square feet. Portable real estate directional signs (such as "A" boards), provided they are
used only when the real estate company representative, agent or seller is in attendance at the
property for sale. Rigid real estate directional signs provided they are used to advertise a
property that is currently for sale.
5. Signs not exceeding four square feet in area and advertising acceptance of credit
cards, provided these are located on the face of a building or upon another larger sign
background area for which a permit has been obtained;
6. One on- premises sign not electrical or illuminated, four square feet in area or less,
which is affixed permanently on a plane parallel to the wall that is located entirely on private
property;
7. Traffic signs and/or markings, for the purpose of regulating, warning, or guiding
traffic, whether on public or private property. Such signs and markings shall comply with the
Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published
by the U.S. Department of Transportation, Federal Highway Administration;
8. Bulletin boards not over twelve square feet in area for each public, charitable or
religious institution when the same is located on the premises of said institution;
9. Temporary signs denoting the architect, engineer or contractor, when placed upon
work under construction and not exceeding 32 square feet in area;
10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into
any masonry surface or when constructed of bronze or other non - combustible material;
11. Signs of utilities indicating danger and service or safety information;
12. A maximum of four internal information signs as defined in TMC 19.08.120 and as
regulated by TMC Section 19.22;
13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced)
or 64 square feet (if multi- faced); and, if located on private property, must have the consent of
the property owner or the lawful occupant thereof. Each political sign shall be removed within
Page 2 of 10
Attachment B
L02 -049 Draft Sign Code Chai.
10 days following an election, except that the successful candidates of a primary election may
keep their signs on display until 10 days after the general election, at which time they shall be
promptly removed. Signs of a more general political nature (not related to an election) are not
subject to time restrictions. It is unlawful for any person to paste, paint, affix or fasten onto the
surface of any utility pole, bridge, sidewalk, or City-owned or operated vehicle, or any public
facility of any kind any such sign, poster, bill or advertising device when such facilities are
located on public property or within public easements;
14. Window signs which are of a temporary nature for commercial businesses and which
occupy less than 25% of the window surface. Signs on or in the window which occupy more
than 25% of the window surface are permanent and will be considered part of the overall signing
permitted for the business. Such permanent window signs shall require permits;
15. Signs of community service and fraternal organizations, including notation of place
and date of regular activity meetings.
16. Temporary signs displayed on City of Tukwila parks property. Said signage must be
pre- approved by the Director of the Tukwila Parks Department prior to display.
B. B: —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.
Chapter 19.28
PROHIBITED SIGNS AND DEVICES
Sections:
19.28.010 Designated.
19.28.020 Unauthorized signs on or over public right -of -way - Removal.
19.28.030 Non conforming signs in the MIC /L and MICIH districts.
19.28.040 Closure and vacation of business - time limit for sign removal i 'h° ` IIC; T an
MIC /H districts.
Page 3 of 10
;.� October 17, 2002
Attachment B
fi
L02 -049 Draft Sign Code Char. :) •
19.28.030Non conforming signs in the MIC /L and MIC/H districts.
use until such time as:
the sign identifies; or
of
which requires manufacturing of a new or modified sign face or structure.
requirements of this code or shall be removed.
investment in the sign shall not be considered modification of a non conforming sign.
Modifications not requiring a permit as provided in TMC 19.12.050._\.1 and 19.12.050.A.2 shall
October 17, 2002
(Ord. 1857 §5(part), 1998; Ord. 1271 § 1(part), 1982)
19.28.040Closure and vacation of business - time limit for sign removal in the MIC/L and
MIC/H districts.
Upon closure and vacation of a business or activity
Center Light (M'IIC /L) District or the Manufacturing/Industrial Center Heavy (MIC.'H), the owner
of said business or activity shall have 30 days from the date of closure to remove all signs
relating to the business or activity. If the owner of the business or activity fails to remove the
signs within the designated time limit, then the owner of the property upon which the signs are
located shall remove the signs within 60 days of the closure and vacation of the premises. If the
owner of the property on which the signs are located fails to remove the signs within 60 days,
then the Planning Director upon due notice may remove the signs at the owner's expense.
Page 4 of 10 Attachment B
L02 -049 Draft Sign Code Chan,
Sections:
(Ord. 1857 §5(part), 1998; Ord. 1274 §1(part), 1982)
Chapter 19.30
NONCONFORMING SIGNS
Staged Compliance Sign Amortization Program
19.30.010 General:
19.30.015 Chapter Application.
19.30.020 Removal - non - conforming off - premises signs.
19.30.030 Definition and Removal - non - conforming on- premises signs:
19.30.040 Voluntary sign reduction agreements. Maintenance and repair
) October 17, 2002
• • _ - •
-. -
•
19.30.070 Nuisance.
19.30.075 Appeals under TMC Chapter 19.30 Fee.
19.30.080 Remedies abatement.
19.30.010 General.
The purpose of this chapter is to establish limits on the continuation of and requirements for
removal of nonconforming signs. Subject to the remaining restrictions of this chapter,
nonconforming 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 required per the following
section.
Y_ _
was adopted on November 23, 1998, and i- ts-cf€ et-ive date is Jatittary 1, 1999. All decision:,
_ I .
• • • ■
Page 5 of 10
Attachment B
L02 -049 Draft Sign Code Chan, •
' •,.. -� - - - - : ' For the purposes
of Chapter 19.30, any legally erected wall sign that is existing as of January 1, 1999 and which
exceeds sign code standards as to sign area by 15% or less shall be deemed to be conforming.
Any legally erected freestanding sign that is existing as of January 1, 1999 and which exceeds
sign code standards as to sign area, height and location by 15% or less shall be deemed to be
conforming.
19.30.015 Chaptcr Application.
October 17, 2002
(Ord. 1857 §6(part), 1998)
•
thr- eughout all use districts in the City of Tulcwila with the exception of the
Tukwila Municipal Code).
_19.30.020 Removal - non - conforming off - premises signs.
(Ord. 1857 §6(part), 1998)
compliance ordinance must be remoed er breught into compliance with Tukwila's sign code
2000. Any freestanding sign that becomes non - conforming due to a change in ownership or
management of a premises such that the sign no longer meets the definition of an on- premises
sign (under TMC 19.08.140) must be removed within six months of such change in ownership or
management.
19.30. 030 Removal Definition and removal of non - conforming signs.
A. All non forrn'ng signs that do not conform to the specific standards of this Code may
be considered legally nonconforming if the sign was erected in conformance with a valid
permit and complied with all applicable laws at the time of the sign's installation. arc on
Page 6 of 10
(Ord. 1857 $6(part), 1998)
Attachment B
L02 -049 Draft Sign Code Chan,,....)
October 17, 2002
.
•
•
MP IV
( "VSR ") will b
B. Any legal nonconforming sign shall be removed when one or more of the following
occurs:
♦ At the time a business wants to relocate, re- erect, alter, replace or change in anv way
a legal nonconforming sign - the sign structure, sign panel/face or text; or
♦ There is a change in use of the land, building or tenant space within a building that
the sign identifies;
• There is substantial alteration or enlargement to the site or building exterior upon
which the non - conforming sign is located requiring issuance of a license or permit
from the City.
♦ The sign suffers more than 50% damage or deterioration, which is based upon an
appraisal.
C. Modifications not requiring a permit are provided in the section "Exceptions — Permits
not required." (TMC 19.12.050.A.1 and 19.12.050.A.2) and shall not be considered alteration of
a non - conforming sign.
B. The VSR agreement is an agreement between a land owner and the City of Tukwila
Sign Code standards.
Page 7 of 10
(Ord. 1982 § 1, 2001; O el. 1857 §6(part), 1998)
Attachment B
19.30.040 Maintenance and repair of nonconformin signs
The le•al nonconformin• sicln is sub'ect to all re uirements of this code re•ardinc safety
maintenance and repair. However if the sign suffers more than fifty 50 •ercent damac or
deterioration as based on appraisal, it must be brought into conformance with this code or he
removed.
19.30.040Voluntary
sign reduction agreements.
: - -- - - - - - - r •
• - . • - • - : • : - - • . : . . . . . - - •
- ' e •ee -- - - - - --- - -- - - - - -
VSR'3 is December 31, 2002.
• • .. . * ; -7 • .. ' . ' . . . - - -
.--,, .
Voluntary Sign Reduction
agreement.
The for by Voluntary
extended compliance period non conforming on premises signs covered a
Sign Reduction is determined the formula. This formula
agreement using percent of reduction
the in
reflects reduction non conforming signagc on a premises (expressed as a percentage) as of
- - - ' - - - ' - The in the total footage
: - - - - - : : - signs. reduction square of all,.
- - -.- -- -
. _ - - - : - : : • -•• -- : - --
- - -
freestanding that has been brought into
sign (if any) removed or compliance,.
PERCENT OF REDUCTION EQU,'1LS:
_ _ .�_ A 15% bonus for
- • = - - __ _ , plus
VSR Agreement, divided - ' - - - • - -
reduced per the - • - =
- -- -' -
- - . or made eoRforning (if applicable) under
footage before the VSR
reduction terms of the
L02 -049 Draft Sign Code Chant
Page 8 of 10
October 17, 2002
Attachment B
L02-049 Draft Sign Code Chan, .-#) •
Page 9 of 10
'
October 17, 2002
Attachment B
thc compliance as follows.
of extended period,
ESTABLISHING T-4-1-E.
. • AN
I _. e,• - -
- - -
Percent Reduction
Duration Extended Compliance Period
of
Using Formula
of
Less than 30%
Not for
eligible extended compliance period
At least 30% but than 45%
5.5 : 1.5
years (base amortization years)
not more
At least 15% but than 60%
7
years (base amortization
1 3
not more
years)
At least 60% higher
-.
-
and
1982 2001; Ord. 1857 6(part), 1998)
(Ord. .".,',
19.30.060 Substitution VSR
of signagc under agreements.
•
is in the Such
the substitution part of a total reduction non conforming signagc on premises.
be terms VSR Agreement and will• .
substitution must under the and conditions of an approved
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19.30.070 Nuisance.
:
- - - - - - - -
- - - . ; -- • . : . . :
L02-049 Draft Sign Code Chan, .-#) •
Page 9 of 10
'
October 17, 2002
Attachment B
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Memorandum
To:
From: Steve Lancaster, DCD Director
Date: October 28, 2002
Subject: Sign Code Amortization Program Changes
Planning Commission Recommendation
C:\mcb\signs\02memo2cap1029.doc
City of Tukwila
Department of Community Development Steve Lancaster, Director
Tukwila Community Affairs and Parks Committee
Y
Steven M. Mullet, Mayor
Attached are the proposed Sign Code Amendments reviewed and approved by the Planning
Commission at their October 24, 2002 public hearing and meeting. This item is on the October
29, 2002 CAP Agenda for your review.
Page 1 of 1
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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L02 -049 Draft Sign Code Ame dents Planning Col .ssion Recommendation
Reviewed October 24, 2002
Chapter 19.12
PERMITS
Sections:
19.12.010 Required.
19.12.020 Application procedure.
19.12.030 Application for sign permit - Contents.
19.12.050 Exceptions - Permits not required.
19.12.060 Criteria for granting variances.
19.12.070 Fees - Permanent signs.
19.12.080 Fees - Temporary signs.
19.12.090 Fees - Work started prior to permit issuance.
19.12.110 Maintenance and removal of signs.
19.12.120 Special permit signs and displays.
19.12.130 Revocation.
19.12.050Exceptions - Permits not required.
A. The following shall not require a permit (these exceptions shall not be construed as
relieving the owner of any sign from the responsibility of its erection and maintenance and its
compliance with the provisions of this code or any other law or ordinance regulating the same):
1. The changing of the advertising copy or message on a theater marquee, readerboard
and similar signs specifically designed for the use of replacement copy;
2. Repainting or cleaning of an existing sign when there is no alteration; advertising
structure shall not be considered an erection or alteration that requires a sign permit
unless:
a. a structural or electrical change is made; or
• the area or the shape of the sign is altered; or
- e except as provided in TMC 19.12.050A.1 there is a change in the advertising copy
and identified under Title 18 of the Municipal Code
Page 1 of 9
L02 -049 Draft Sign Code Ame cents
Page 2 of 9
Planning Cox :ssion Recommendation
Reviewed October 24, 2002
3. Temporary signs and decorations customary for special holidays, such as
Independence Day and Christmas, erected entirely on private property;
4. Real estate signs 16 square feet or less in area offering the immediate premises for
sale, lease or rent, except in LDR, MDR and HDR zones where the maximum sign area allowed
is six square feet. Portable real estate directional signs (such as "N' boards), provided they are
used only when the real estate company representative, agent or seller is in attendance at the
property for sale. Rigid real estate directional signs provided they are used to advertise a
property that is currently for sale.
5. Signs not exceeding four square feet in area and advertising acceptance of credit
cards, provided these are located on the face of a building or upon another larger sign
background area for which a permit has been obtained;
6. One on- premises sign not electrical or illuminated, four square feet in area or less,
which is affixed permanently on a plane parallel to the wall that is located entirely on private
property;
7. Traffic signs and /or markings, for the purpose of regulating, warning, or guiding
traffic, whether on public or private property. Such signs and markings shall comply with the
Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published
by the U.S. Department of Transportation, Federal Highway Administration;
8. Bulletin boards not over twelve square feet in area for each public, charitable or
religious institution when the same is located on the premises of said institution;
9. Temporary signs denoting the architect, engineer or contractor, when placed upon
work under construction and not exceeding 32 square feet in area;
10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into
any masonry surface or when constructed of bronze or other non - combustible material;
11. Signs of utilities indicating danger and service or safety information;
12. A maximum of four internal information signs as defined in TMC 19.08.120 and as
regulated by TMC Section 19.22;
13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced)
or 64 square feet (if multi- faced); and, if located on private property, must have the
consent of the property owner or the lawful occupant thereof. Each political sign
shall be removed within 10 days following an election, except that the successful
L02 -049 Draft Sign Code Ann. rents Planning Co: ission Recommendation
Reviewed October 24, 2002
candidates of a primary election may keep their signs on display until 10 days after
the general election, at which time they shall be promptly removed. Signs of a more
general political nature (not related to an election) are not subject to time restrictions.
It is unlawful for any person to paste, paint, affix or fasten onto the surface of any
utility pole, bridge, sidewalk, or City -owned or operated vehicle, or any public
facility of any kind any such sign, poster, bill or advertising device when such
facilities are located on public property or within public easements;
14. Window signs which are of a temporary nature for commercial businesses and
which occupy less than 25% of the window surface. Signs on or in the window
which occupy more than 25% of the window surface are permanent and will be
considered part of the overall signing permitted for the business. Such permanent
window signs shall require permits;
15. Signs of community service and fraternal organizations, including notation of place
and date of regular activity meetings.
16. Temporary signs displayed on City of Tukwila parks property. Said signage must be
pre- approved by the Director of the Tukwila Parks Department prior to display.
B. 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.
MIC/H districts.
Chapter 19.28
PROHIBITED SIGNS AND DEVICES
Sections:
19.28.010 Designated.
19.28.020 Unauthorized signs on or over public right -of -way - Removal.
19.28.030 Non conforming signs in the MIC /L and MIC /H districts.
- . • • - 1 I • .
Page 3 of 9
0% 'lC*;:fil�'433s . idw:4:ya3g�.�1 ::F , n3Y:.>.i.1x�:it"a4Y::�;93C£:a • 7111.1;%1d•s1
L02 -049 Draft Sign Code Ame .cents Planning Co. ,ssion Recommendation
Reviewed October 24, 2002
19.28.030Non conforming signs in the MIC /L and MIC/H districts.
Any non conforming sign located in either the Manufacturing /Industrial Center /Light (MIC /L)
District or the Manufacturing /Industrial Center /Heavy ( MIC/H) which was erected prior to May
effect at the time of erection, or which has a valid building permit from the City, may remain in
U3C until such time a3:
of
which requires manufacturing of a new or modified sign face or structure.
requirements of this code or shall be removed.
Exccptions: Easily replaceable bills and letters as in the case of a readcrboard requiring no new
• • •
• ..
not be considered modification of a non conforming sign.
(Ord. 1857 §5(part), 1998; Ord. 1274 § 1 (part), 1982)
19.28.040Closurc and vacation of business time limit for sign removal
Upon closure and vacation of a business or activity the owner of said business or activity shall
have 30 days from the date of closure to remove all signs relating to the business or activity. If
- • • -
may remove the signs at the owner' 3 expense.
Page 4 of 9
L02 -049 Draft Sign Code Ame. Lents
Sections:
Chapter 19.30
NONCONFORMING SIGNS
Staged Compliance Sign Amortization Program
Planning Cot ssion Recommendation
Reviewed October 24, 2002
19.30.010 General:
19.30.015 Chapter Application.
19.30.020 Removal - non - conforming off - premises signs.
19.30.030 Definition and Removal - non - conforming on- premises signs7
19.30.040 •- . - - - - - _Maintenance and repair
19.30.050 Extended compliance periods under Voluntary Sign Reduction agreement.
19.30.060 Substitution of signage under VSR agreements.
19.30.070 Nuisance.
19.30.075 Appeals under TMC Chapter 19.30 Fcc.
19.30.080 Remedies abatement.
19.30.010 General.
The purpose of this chapter is to establish limits on the continuation of and requirements for
removal of nonconforming signs. Subject to the remaining restrictions of this chapter,
nonconforming signs that were otherwise lawful on the effective date of this Code or lawful at
the time of their installation ma be continued until their removal is re. uired • er the followin
section.
. . .
.
. For the purposes
of Chapter 19.30, any legally erected wall sign that is existing as of January 1, 1999 and which
exceeds sign code standards as to sign area by 15% or less shall be deemed to be conforming.
Any legally erected freestanding sign that is existing as of January 1, 1999 and which exceeds
Page 5 of 9
L02 -049 Draft Sign Code Ame cents
19.30.20
Planning Col .ssion Recommendation
Reviewed October 24, 2002
sign code standards as to sign area, height and location by 15% or less shall be deemed to be
conforming.
(Ord. 1857 §6(part), 1998)
19.30.015 Chapter Application.
The provisions of Chapter 19.30, Staged Compliance Sign Amortization Program, will apply
throughout all use districts in the City of Tukwila with the exception of the
Manufacturing/Industrial Center/ Light (MIC /L) District and the Manufacturing /Industrial
known as the compliance period for nonconforming off premises signs, expires on June 30,
2000. Any freestanding sign that becomes non conforming due to a change in ownership or
• e : .e -
management. (Ord. 1857 §6(part), 1998)
19.30. 030 Removal Definition and removal of non - conforming signs.
A. All nen- confsiming signs that do not conform to the specific standards of this Code may
be considered legally nonconforming if the sign was erected in conformance with a valid
permit and complied with all applicable laws at the time of the sign's installation. arc on
or brought into compliance with Tukwila's Sign Codc standards within the four year base
■ - - - - - e!
( "VSR ") will be allowed additional time beyond the base amortization period.
Page 6 of 9
L02 -049 Draft Sign Code Ame. lents Planning Coi . ssion Recommendation
Reviewed October 24, 2002
B. Application for and issuance of a sign permit that complies with this Code is required:
♦ for relocation, re- erection, alteration, replacement or change in any way to a legal
nonconforming sign - the structure or sign panel /face /copy; or
♦ When there is substantial construction to the site or building exterior upon which
there is a legal non - conforming sign and that requires issuance of a license or permit
from the City; or
♦ Repair of a legal nonconforming sign that suffers more than 50% damage or
deterioration, which is based upon an appraisal.
C. Prior to approval of a new, (excludes renewals,) business license, all legal nonconforming
signs associated with the previous tenant must be removed.
D. Modifications not requiring a permit are provided in the section "Exceptions — Permits
not required." (TMC 19.12.050.A.1 and 19.12.050.A.2) and shall not be considered alteration of
a non - conforming sign.
B. The VSR agreement is an agreement between a land owner and the City of Tukwila
regarding nonconforming on premises 3ignagc. This agreement allows an extended time period
of a specified length to either remove this signagc or bring it into compliance with Tukwila')
19.30.040 Maintenance and repair of nonconforming signs.
The legal nonconforming sign is subject to all requirements of this code regarding safety.,
maintenance and repair. However, if the sign suffers more than fifty (50) percent damage or
deterioration as based on appraisal, it must be brought into conformance with this code or be
removed.
1 TMC 18.06.815 `Substantial construction' means completion of more than 50% of the cost of work described in
specific and approved plans. For administration of the Sign Code, the City could interpret this to mean changes that
exceed 50% of the existing appraised value of a structure or site.
2 TMC 18.06.780 Site means any legally defined section of real property whose boundaries are recorded for
purposes of assessing taxes with the County Assessor's Office.
Page 7 of 9
(Ord. 1982 §1, 2001; Ord. 1857 §6(part), 1998)
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L02 -049 Draft Sign Code Ame cents
19.30.040 Voluntary sign rcduction agreements.
Any non conforming on prcmiscs sign covered by a VSR agreement will be allowed an extended
compliance period beyond the four year base amortization period. Applications are available
.. .
VSR's i3 Dcccmbcr 31, 2002.
The cxtcndcd compliance period for non conforming on premises signs covered by a Voluntary
reflects the reduction in non conforming signage on a premises (expressed as a percentage) as of
December 31, 2002. It is used on a per prcmiscs basis to determine the extended compliance
non conforming 3ignage to be reduced is divided by the total square footage of all non
•
square footage before reduction
of the extended compliance period, as follows.
Planning Co; .ssion Recommendation
Reviewed October 24, 2002
(Ord. 1982 §2, 2001; Ord. 1857 §6(part), 1998)
PERCENT OF REDUCTION EQUALS:
A 15% bonus for
the terms of the VSR
Page 8 of 9
L02 -049 Draft Sign Code Ame dents
ESTABLISHING THE
EXTENDED COMPLIANCE PERIOD
Pcrccnt of Reduction Using Formula
Less than 30%
At least 45 %, but not more than 60%
At least 60 %, and higher
Not eligible for extended compliance period
8.5 years (base amortization + 4.5 years)
19.30.060Sub3titution of 3ignage under VSR agreements.
Planning Cot ssion Recommendation
Reviewed October 24, 2002
(Ord. 1982 §3, 2001; Ord. 1857 §6(part), 1998)
the substitution is part of a total reduction in non conforming signagc on the premises. Such
Development as a Type 2 Decision under TMC 18.104.010C. Substitution permits arc subject to
the compliance period stated in the applicable VSR Agreement. At the end of the compliance
19.30.075 Appcal3 under TMC Chapter 19.30 Fcc.
Any aggrieved party seeking t
19.30.070Nuisance.
All non conforming and illegal signs must be brought into conformance within the applicable
compliance period. Any sign which remains illegal or non conforming beyond the expiration
date of the applicable compliance period is hereby declared to be a nuisance and is Subject to the
terms, conditions and penalties of TMC Chapter 8.45, Enforcement.
(Ord. 1857 §6(part), 1998)
(Ord. 1857 §6(part), 1998)
an appeal before
.. -
..•
C: \mcb\signs \pcamortrecom.doc
Page 9 of 9
te'd
DATE:
FAX TO:
RE:
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FROM: &HAI e "Itf #1
-e7-64
DEPT. A,414.4, /44d,
COMMENTS:ia
• F[4+1
HIGHLINE COMMUNITY HOSPITAL
HEALTH CARE NETWORK
(L 'r 4--r-aceAltv ANY:
16251 Sylvester Rd, SW Buricn, WA 98166 (206) 244-9970
The Choice in Southwest King County.
8SS171EIVZ
RECEIVf"D
OCT 23 2002
CONINtiUNITY
DEVELOPN1ENT
PHONE #/' 1 7 / 4A gdr/
FAX # Pe9a'
EXT/PH #: O /3
HCH MM FAX # (200 243-9934
dv■ s ive' ikt
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aole-efYiefrukfi A- 0 ,
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7 71a440--i- fa* (7) -440 . 77act&-- / 17/7; € •
We are transmitting a total of pages, including this cover sheet..
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ZO'd
October 23, 2002
Moira Carr Bradshaw
City of Tukwila
6300 Southcenter Blvd.
Tukwila, Wa. 98188
Dear Moira Carr Bradshaw,
I am writing to you about the Tukwila sign ordinance a
amortization plan as it relates to Highline Community
Specialty Center. The Hospital, the only one in the
is located at 12844 Military Rd. The hospital has 800
on Military Road with four entrances that each has one
directional sign as well as multiple internal information signs in the
parking areas and on the building entrances. These signs are part of a
hospital site locating plan that allows patients and visitors to park
and enter the proper entrance relative to their care. IHighline
Community hospital uses the Department of Health general design
standards for signage types and size as do all other Y>;ospitals.
The hospital would like the Planning Committee /City Council
to allow existing signage to remain until their is a major site
renovation. In addition we would like the City of Tukwila to
consider including the Hospital in a special exempt category that would
allow us continue to sign our facility with hospital directional signs
that are necessary for patients to locate their needed medical service.
I would be happy to meet with a City Planner to discuss our specific
request in order to provide more complete information; to the Council.
If you have questions please call me at 206 -431 -5343. ! Thank you for
this oppurtunity.
1E4
HIOHLINE COMMUNITY HOSPITAL
HEALTH CARE NETWORK
Dianne Munroe
Director, Plant Operations
Highline Community Hospital
16251 Sylvester Rd. SW Buries, WA 98166 (206) 244 -9970
The Choice in Southwest King County.
sss17.et7z
:id proposed
-iospital,
City of Tukwila,
+ street frontage
freestanding
Wd Ls:ZO ZO- 2Z-100
Tukwila Sign Code Amortization Amendment
Dear Business Owner and Sign Contractor:
The City of Tukwila is considering changing its sign amortization program. For most of
the City, there is a removal deadline of December 31, 2002 for signs that do not meet the
standard for size, placement or maximum number. Under consideration are several
options, including removal when there is a change of copy, when there is a new business
or for some areas, by a certain date.
You are invited to an open house with City staff to discuss this issue and the potential
options.
When: Tuesday, October 15; between 4:00 - 5:30
Where: Depaitment of Community Development, Conference Room #1
6300 Southcenter Bl, Suite 100
Directions may be obtained from the City's Web Site: www.ci.tukwila.wa.us
The Planning Commission will hold a public hearing on this issue and make
recommendations to the City Council.
When: Thursday October 24, 2002; 7 P.M.
Where: Tukwila City Hall, City Council Chambers
6200 Southcenter B1
Tukwila, WA 98188
October 7, 2002
You are invited to the above public hearing. This is an opportunity for you to give them
your opinion on the issue. You may also write to them your views. Your written
comments must be received by 5 p.m. on Thursday October 24, 2002 or you may hand
deliver your comments at the above public hearing.
If you would like more information or to discuss this at your convenience, call Moira
Can Bradshaw at 206 431- 3651 or email her at mbradshaw@ci.tukwila.wa.us.
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Memorandum
To: Tukwila Community Affairs and Parks Committee
From: Steve Lancaster, DCD Director
Date: September 10, 2002
Subject: Sign Code Amortization Program
Issue
City of Tukwila
Page 1 of 2
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
Background
When the City adopted its Sign Amortization Program in 1998, the deadline for compliance was
set for December 31, 2001, unless the sign owner entered into a voluntary sign reduction
agreement. In 2001, King County Superior Court made a decision that Federal Way's sign
amortization enforcement along Pacific Highway violated the Scenic Vistas Act. The City of
Federal Way appealed that decision and pending the Appeal's Court decision, the City of
Tukwila extended its original deadline by one year to December 31, 2002.
On February 4, 2002, the State Appeals Court upheld the decision of the King County Superior
Court and held that Federal Way did not follow the procedures laid out in the Scenic Vistas Act
regarding compensating owners of nonconforming signs on State Highways. This Appellate
Court decision means that the City of Tukwila must follow the compensation l: of the
Scenic Vistas Act if the City requires removal of nonconforming signs on stag
The City of Federal Way appealed this Appellate Court decision to the Washington State
Supreme Court. Unfortunately, a date for a decision from the Supreme Court cannot be predicted
and their internal target for a decision was not met.
•
The current sigrt amortization dcadliiie'forrTukwila nonconforming sign owners outside the
Manufacturing Industrial Center (MIC) is approaching - December 31, 2002. Because of the
potential monetary responsibility to the City associated with enforcing its sign amortization
deadline and compliance with the Scenic Vistas Act, staff recommends that the City consider the
following options.
5
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665
Option One
Modffy) the Sign Code by extending the amortization deadline from December 31, 2002 to
December 31, 2003.
The benefits of this option are that:
The City's commitment to the existing Sign Code Amortization Program is maintained. z
Tukwila regains the opportunity to be a proactive participant in an amortization program that
includes inducements, i.e. design assistance for business owners, in conjunction with re w
enforcement. 6 � '
—.I
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The benefits of this option will occur if: u) W
✓ The City of Federal Way prevails in getting the Supreme Court to hear the case, and w
✓ The Supreme Court overturns the Appellate Courts' decision. � o
w
Option Two g
Modify the Sign Code by extending the amortization deadline and by eliminating opportunities " -
for new businesses to reuse nonconforming sign structures. _
_ .
z '
Outside the MIC, new businesses may reuse /reface the existing sign structures without obtaining F. p
a permit. If inserting new signs into existing sign structures were to require a permit, many w w
nonconforming signs would be replaced with conforming signs for the new business at a site. o
O N
The benefits of this option are that: o r`
1. The Amortization Program expands to include a compliance option that is being currently = v
being used in the MIC. „ 3
2. The amortization tool that ultimately may be used is already in place. (Due to the legal . z
u surrounding amortization along state highways, this amortization method could o
become the main amortization tool should the State Supreme Court uphold the Appellate p I--
Courts' decision.) z
3. There will be less confusion regarding sign permitting and more opportunities to decrease
nonconformity and sign inequity between businesses. (Outside the MIC, new businesses
may replace the sign face and may do so without acquiring a permit.)
4. The Sign Code will include regulation of not just the sign structure but also the sign face of
all signs.
Recommendation
Staff recommends that the Community Affairs and Parks Committee forward this issue to the
Planning Commission for a public hearing and for a recommendation on modification of the
Amortization Program section of the Sign Code. The Planning Commission should consider a
deadline extension and inclusion of a compliance requirement similar to that.which, exists for the
MIC. Specifically where there is substantial alteration to a site or building or where an existing
sign structure or content is changed, than a permit must be obtained.
C:\mcb\signs\02memo910.doc
Page 2 of 2
BACKGROUND
City of Tukwila
Department of Community Development Steve Lancaster, Director
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Steve Lancaster, DCD Director
RE: Proposed Administrative Design Review Process
DATE: August 27, 2002
During our land use fee research we discovered that the wide range of complexity among
design review cases is reflected in other jurisdictions' processes and fees. For example,
several jurisdictions have administrative processes with lower fees for smaller projects.
Tukwila has had only one process, public hearing before the BAR, and one fee, $900.
Under the newly adopted fee ordinance we would charge $400 for administrative review
and $1,400 for public hearing review.
FINDINGS
The thresholds for design review vary from all buildings of any size in a zone to only
buildings over 10,000 square feet. This means that in some zones some building types
found in Tukwila do not trigger design review. For example, fast food restaurants in
Tukwila range from 2,200 to 4,900 square feet and gas stations are usually 1,500 to 2,200
square feet (mini marts add about 1000 square feet). This means that in RCM, C /LI and
TVS these businesses generally do not have to go through design review.
On the other hand even small additions or espresso stands in RCC, NCC and RC are
subject to a public hearing process because the threshold is any new square footage. This
can discourage property owners from building minor expansions or remodeling because
of the time and expense involved in a public hearing.
Adding an administrative design review process would smooth out the differences
between the zone thresholds and allow us to be more evenhanded in our application of
the design review criteria.
Steven M. Mullet, Mayor
i
6300 Southcenter Boulevard, Suite 11100 • Tukwila, Washington 98188 • Phone: 206 - 431.3670 • Fax: 206-431-3665
RECOMMENDATION
We are recommending code changes to create a quicker, cheaper design review process
that would be less onerous for additions and small developments in zones that require,all
structures to go through design review. We would also add administrative design review
below the current threshold in those districts that currently have a high threshold so that
medium sized projects like fast food restaurants would not fall through the gaps. For a
schedule of proposed thresholds for the different types of design review see Attachment
A.
The design criteria used to evaluate the projects would be the same, regardless of whether
an administrative or public hearing process was required. In order to implement this
change we will need to revise the thresholds for triggering design review in the various
districts and add administrative design review to the list of Type 2 Decisions at TMC
18.104.010.
REQUESTED ACTION
Review the proposal and forward it to the Planning Commission for a recommendation.
City of Tukwila
Department of Community Development Steve Lancaster, Director
Memorandum
To: Tukwila Planning Commission
From: Steve Lancaster, DCD Director
Date: May 23, 2002
Subject: Sign Code Amortization Program
Background
Steven M. Mullet, Mayor
In August 2001, DCD briefed the City Council on pending litigation before the State Appeals
Court with implications for the City of Tukwila Sign Code Amortization Program. The City of
Federal Way case involving their sign amortization program addresses Washington State's
Highway Advertising Control — Scenic Vistas - Act and compensation for removal of
nonconforming signs on state highways. In essence the Act states that local governments must
compensate (following a specified process) sign and property owners if they require removal of
signs along state highways. Due to the pending legal dispute and after public hearing, the
Planning Commission recommended and the City Council chose to extend the deadline by one
year.
On February 4, 2002, the State Appeals Court upheld the decision of the King County Superior
Court and held that Federal Way did not follow the procedures laid out in the State Act regarding
compensating owners of nonconforming signs on State Highways.
The City of Federal Way has chosen to appeal to the Washington State Supreme Court. The
Supreme Court will decide by approximately July 4, 2002 whether it will consider the appeal and
then a decision would be rendered within about a year.
Discussion
In 1997 the City of Tukwila inventoried 324 nonconforming signs. Following public hearing and
debate, the City adopted two different methods of amortizing nonconforming signs, depending
on where the sign is located. In September 2001, the City reinventoried nonconforming signs
outside the MIC and found that 273 remain nonconforming.
Nonconforming signs are located throughout the City as follows:
Page 1 of 2
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Location
MIC
(from 1997)
Elsewhere
in City
TIB
(SR 99)
West Valley HY
(SR 181)
Total
Number of
Nonconforming
Signs
56
82
103
32
273
Affected businesses
33
47
68
16
164
Options under consideration
Tukwila International B1, (State Route 99) may become and West Valley Hy may already be
exempt from the Scenic Vistas Act. Through verbal communications, the State Department of
Transportation explained that SR 181 is exempt by definition from the Scenic Vistas Act and the
City is awaiting written confirmation to that effect. With regards to SR 99, the City has
petitioned the State of Washington to reclassify SR 99 between S. 152 Street and SR 599 as a
principal arterial under local authority. A decision by the State on this request will not be known
until the legislature meets in 2003. A recommendation of the Transportation Improvement
Board will provide some indication in the fall of 2002 of how the State will decide.
Tukwila City Council's Community Affairs and Parks Committee was briefed on the legal status
of the Federal Way case. They informally discussed the two options currently in use in the City
including the new option of redefining where the two different amortization methods are used.
Within the Manufacturing Industrial Center when there is a change in the business or a
substantial change to the premise, then nonconforming signage must be brought into compliance.
The second method used elsewhere in the City is with a specific date upon which all
nonconforming signs become illegal and property owners become subject to penalty and code
enforcement action.
Recommendation
If TIB remains a state highway and nonconforming signs remain subject to the Scenic Vistas Act,
staff suggests that the City adopt one amortization approach. That is, the one currently in place
for the MIC. Currently, opportunities for sign parity and conformance are lost when new
businesses are allowed to change the copy on a nonconforming sign structure. For example,
businesses outside the MIC are allowed to reuse existing nonconforming sign structures and
install new sign copy without obtaining a sign permit. This action would be eliminated if the
City chooses to use the amortization method in place for the MIC.
Staff would like to have a discussion with the Planning Commission on the sign amortization
options available to the City and on the suggested course outlined above.
C: \mcb\signs \02memo523.doc
Page 2 of 2
Community and Parks
April 9, 2002
Present: Joe Duffie, Chair; Joan Hernandez, Pam Carter
Keith Haines, Rhonda Berry, Steve Lancaster, Nora Gierloff, Moira Bradshaw,
Evie Boykan, Frank Iriarte, Marty O'Brien, Bob Noe, Lucy Lauterbach
1. Neighborhood Enrichment In the 2002 budget the city had money for a Neighborhood
Enrichment Plan, where people could use city loans to beautify their homes with fences, siding,
window, or yard improvements. The City Attorney noted the Washington Constitution prohibits
benefiting any citizen unless they are poor or disabled. Therefore, the proposal will be offered to
people with 50% of median income. $200,000 is budgeted, with 15% planned for administration
of the fund through King County's Housing Repair office. Evie explained that if each
improvement were limited to $12,000, it could serve 14 applicants. One issue is that the loans
can be no more than 90% of the assessed value of the home. The committee discussed whether
this program would be a priority for low - income homeowners. Pam C recommended the program
be advertised with `protect the investment in your home' as one theme. Recommend
Memorandum of Understanding to COW.
2. Golf Cart Rental Agreement Marty said he had advertised for bids for a new golf cart rental
agreement, and Farwest Golf Cars was selected as most qualified. The rental agreement will run
for three years, including during construction of the golf clubhouse. The price is favorable at
$34,500 /year for three years for 30 carts. Marty said that's about the same as it will cost the city
to buy the carts if they decide to do that once the clubhouse is built. The city will fuel the cars,
but the company will maintain them, and has included a 2 day turnaround on repairs. Pam asked
about the past contract, which Marty said was different, as it involved revenue sharing of the
profits. He thought the proposed new contract was a better deal for the city. Recommend to
Regular Meeting.
3. Noise Ordinance Police, DCD, and the City Attorney have worked to develop a new noise
ordinance. The difficulty with the old noise ordinance is that it requires decibel readings, which
makes it very difficult to enforce. The new draft strives to simplify what it will take for police to
respond to noise complaints, and to quiet the offending noise. While the previous code had
followed the state code, it doesn't cover all the noise issues in Tukwila. The committee went
through each page of the ordinance. One of the changes is to the hours of exempt sounds during
the daytime hours. The City Attorney will make certain it is legal to limit the firing range to
weekend hours of 8 a.m. to 6 p.m. Pam C asked about Union Tank Works, and Steve said the
most restrictive noise requirements are on noise emanating from and to residential areas. Joan
asked if squealing and screeching tire noise had to be repetitive to be illegal, and Keith said it did
not. Staff explained that public nuisance noises have to be measured by decibel readings, but
public disturbance noises can be regulated by an officer determining what is too noisy. Keith said
it will take some training of his staff. Public disturbance noises are things like car alarms, car
radios, music, and boom boxes. The committee suggested that parks that have trouble with noise
disturbing neighbors such as Foster Park, having signs warning loud music is not allowed. The
committee asked about the construction air cranes used to build part of Sabey's development.
Bob Noe thought they were covered, not under aircraft, but under construction noises. Steve L
noted that the S -line bridge over I -405 needs repair, which will be done at night and therefore
will need a variance. Joan asked that the bridge construction information be distributed on the
website, and she said she would like to let Sunwood residents know about it. The work may last
two two -week periods, though Steve thought the noise could be only slightly outside the
allowable without a permit. The committee recommended staff summarize some of the ordinance
sections about what actions can be abated by whom. Recommend ordinance to COW.
4. Tacoma Smelter Plume Project The State has completed a preliminary assessment of soil
sampling around southwest King County. They have found what appear to be concentrations of
some arsenic and lead ranging from very high levels on Vashon and Maury Islands, to scattered
low to high concentrations in southwest King County from Federal Way and Algona/Pacific to
West Seattle and even up to I- 90.Frank said there was no cause for alarm, though there are
negative health effects linked to both lead and arsenic. Exposure may not be harmful at lower
levels, especially if care is taken to wash fruits and vegetables where concentrations are high,
and to limit tracking the elements from the garden into the house. The greatest health risk is to
children playing on plan dirt fields where there may be high concentrations of the elements. That
will be the first level response for Ecology and King County Public Health. The readings taken
in Tukwila near Riverton Hospital were not high enough to warrant clean up. If people are
concerned, Frank has a listing of where their soil can be tested for about $80 /sample.
Information.
5. King County Jobs Initiative The City has worked with King County to offer this program
to train people who are normally hard to employ, and to work to help them get jobs. The
objective is to get people into living wage jobs of at least $8 /hour with benefits. We're paying
$37,500 this year, which is half the salary of one account executive. The entire program costs
over $215,000. Over the past 3 years they have trained 156 Tukwila citizens, and put 99 to work
in full time jobs with benefits, with 84% of them still in those jobs one year later. $10.81 is the
average wage their trained workers receive, and they have a job placement rate of 66 %, with one
year retention rate of 77 %. King County hopes to find private funding to help fund the program.
As of this year, preliminary 1 quarter estimates are that 9 Tukwila residents are in training, and
3 more are just starting. The committee was very supportive of the program, and said they hoped
it would continue. They wanted it to be widely advertised. Recommend Memorandum of
Understanding to Regular Meeting.
6. Sign Amortization Moira updated the committee. Because of a ruling against Federal Way's
sign amortization, Tukwila had extended the sign amortization deadline for one year. Federal
Way appealed their case, and lost. The next decision will be by the Washington State Court,
which will decide whether they will take the case in July. Amortization is still expected
everywhere except on Highway 99, which is a scenic state highway as cited in the court cases.
SR 181 may not be a scenic highway, and the CBD also doesn't qualify. Information.
Committee chair approval
PLANNING COMMISSION
PUBLIC HEARING
MINUTES
MAY 23, 2002
The Public Hearing was called to order by Chair Livermore at 7:00 p.m.
Representing City Staff: Jack Pace, Rebecca Fox, and Wynetta Bivens.
Chair Livermore, swore in those wishing to provide testimony.
Rebecca Fox presented the staff report. Staff recommended the following:
Present: Chair David Livermore, Vice Chair Kirstine Whisler, Commissioners: Vern Meryhew, Bill
Arthur, Henry Marvin, Margaret Bratcher, and George Malina.
Absent:
KIRSTINE WHISLER MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES WITH ONE
CORRECTION FROM APRIL 25, 2002. VERN MERYHEW SECONDED THE MOTION; THE MOTION
WAS UNANIMOUSLY APPROVED.
CASE NUMBER: L01 -076
APPLICANT: City of Tukwila
REQUEST: Amend the Comprehensive Plan as follows:
(a) Amend Comprehensive Plan Designation/Zoning Designation of City of Tukwila property
from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) to provide bus
maintenance and parking facilities;
(b) Amend Comprehensive Plan to provide for updating Transportation Element;
(c) Add policy supporting transit- oriented development near high - capacity transit facilities;
(d) Add policy requiring that parking facilities developed in conjunction with high - capacity transit
stations be adequately sized to prevent spillover parking.
LOCATION: City -wide except (a) which is located at City -owned property on Interurban Avenue between S. 139
St. and S. 140 St.
a. 1. Approve the Comprehensive Plan/Zoning Code map change for the parcel in question from Low
Density residential (LDR) to Commercial/Light Inddustrial (C /LI)
2. Remove the Public Recreation Overlay (PRO) for the parcel.
b. Staff recommends no action at this time, but will return to the Planning Commission later in 2002 with specific
policy direction.
c. Staff recommends amending the Comprehensive Plan to include the following policy:
13.4.15 Encourage transit- oriented land uses and development patterns in the vicinity of high capacity transit
stations.
d. Staff recommending the Comprehensive Plan to include the following policy:
13.4.16 Require that parking facilities developed in conjunction with transit facilities be adequately sized and
managed to prevent spillover parking in residential neighborhoods or unauthorized spillover parking onto private
property.
Jack Pace answered numerous questions for the Commission on Comp Plan amendment proposal (d).
Prior to the Planning Commission meeting Leonard McGhee from Sound Transit, sent a letter of comments, which
addressed Comp Plan amendment proposal (d), in which he proposed an alternative parking policy as follows:
Planning Commission
Page 2
"Require that parking facilities developed in conjunction with high capacity transit systems be designed to provide
balanced modes of access to the extent practical and economically feasible and work with local jurisdictions and the
community to reduce the potential for spillover parking ".
Mr. Mcghee presented testimony at the Public Hearing. He focused on various language staff used in their proposal, z
particularly the word "adequate ", he stated the term was too subjective. He also stated the term" prevent spillover" was = I.
not appropriate, and suggested substituting it with "work to reduce spillover ". t— w
Mr. McGhee answered numerous questions from the Commission, which created much discussion on the raised issues .. v 0
of concern, Jack Pace addressed several of the raised issues as well. co o
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There were no further comments. LL
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Public Hearing closed by Chair Livermore.
J
The Commission deliberated. w a
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GEORGE MALINA MADE A MOTION TO ACCEPT STAFF'S RECOMMENDATIONS, FINDINGS, AND z
CONCLUSIONS FOR CASE NUMBER L01- 076(a, b, c, & d). HENRY MARVIN SECONDED THE MOTION z O
ON PROPOSAL (a) BILL ARTHUR SECONDED (b) KIRSTINE WHISLER SECONDED (c & d) ALL w w
VOTED IN FAVOR. 2 o
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O C L )
O I—
• Joint Planning Commission — Vern requested a copy of the annexation items and status H v
Bill requested discussion on irregularities between Sea Tac and Tukwila u_
• Sign Code Amortization Program — decision in July, staff will bring to the PC w z,
• MOA update and module presentation c
O ~
DIRECTORS REPORT
Adjourned at 8:30
Respectfully Submitted
Wynetta Bivens
Administrative Secretary
Q:\PLANCOM\MINUTES\5-23-02.doc
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City of Tukwila
Washington
Ordinance No. 02._00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE, SIGN CODE TITLE 19, IN ORDER TO ELIMINATE THE
SIGN AMORTIZATION PROGRAM; TO ADOPT STANDARDS
FOR THE REMOVAL OF NONCONFORMING SIGNS; AND TO
REFERENCE THE NEWLY ADOPTED LAND USE FEE SCHEDULE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City amended its Sign Code (Title 19 TMC) by creating a staged
compliance sign amortization program, hereinafter referred to as the amortization
program, by Ordinance 1857 in 1998; and
WHEREAS, the amortization program established a deadline for nonconforming
signs to be brought into compliance with the City's sign standards; and
WHEREAS, there has been a judicial decision that local jurisdictions are governed by
the Scenic Vistas Act (Chapter 47.42 RCW) that requires monetary compensation for
removal of nonconforming signs along primary state highways and interstates; and
WHEREAS, this decision has significant financial implications for the administration
and cost of the sign amortization program; and
WHEREAS, there is an alternate method of amortizing nonconforming signs that is
currently in use in the City's Manufacturing Industrial Center; and
and
WHEREAS, the removal of nonconforming signs continues to be a goal of the City;
WHEREAS, the City adopted fees in a separate document to allow easy updates in
the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1913 §1 (part), as codified at TMC 19.12.050 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.050 Exceptions - Permits not required.
A. The following shall not require a permit (these exceptions shall not be
construed as relieving the owner of any sign from the responsibility of its erection and
maintenance and its compliance with the provisions of this code or any other law or
ordinance regulating the same):
Sign Code -i
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1. The changing of the advertising copy or message on a theater marquee,
readerboard, billboard, and similar signs specifically designed for the use of
replacement copy.
2. Repainting of an existing sign when there is no other alteration.
3. Temporary signs and decorations customary for special holidays, such as
Independence Day and Christmas, erected entirely on private property.
4. Real Estate Signs:
a. Real estate signs 16 square feet or less in area offering the
immediate premises for sale, lease or rent, except in LDR, MDR and HDR zones where
the maximum sign area allowed is six square feet.
b. Portable real estate directional signs (such as "A" boards), provided
they are used only when the real estate company representative, agent or seller is in
attendance at the property for sale.
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c. Rigid real estate directional signs provided they are used to z
advertise a property that is currently for sale. ce 2
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5. Signs not exceeding four square feet in area and advertising acceptance of v o
credit cards, provided these are located on the face of a building or upon another larger w w
sign background area for which a permit has been obtained. -J 1-
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6. One, on- premises sign not electrical or illuminated, four square feet in 2
area or less, which is affixed permanently on a plane parallel to the wall that is located g a
entirely on private property. w a
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7. Traffic signs and /or markings, for the purpose of regulating, warning, or z 1--
guiding traffic, whether on public or private property. Such signs and markings shall z o
comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, 2 w
current edition, published by the U.S. Department of Transportation, Federal Highway 0 N
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Administration. 0 i-
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8. Bulletin boards not over twelve square feet in area for each public, u~, o
charitable or religious institution when the same is located on the premises of said . z
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institution. o
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9. Temporary signs denoting the architect, engineer or contractor, when
placed upon work under construction and not exceeding 32 square feet in area.
10. Memorial signs or tablets, names of buildings, and dates of erection, when
cut into any masonry surface or when constructed of bronze or other non - combustible
material.
Sign Code -2
11. Signs of utilities indicating danger and service or safety information.
12. A maximum of four internal information signs as defined in TMC
19.08.120 and as regulated by TMC Section 19.22.
13. Political signs, posters, or bills shall not exceed 32 square feet in area (if
single faced) or 64 square feet (if multi- faced); and, if located on private property, must
have the consent of the property owner or the lawful occupant thereof. Each political
sign shall be removed within 10 days following an election, except that the successful
candidates of a primary election may keep their signs on display until 10 days after the
+ r ,.�oi.�n�'ru4nm.,�;•.�- `- ""�^m. ��aW ...s as.: � .:_.r.:rz— ».,- , -- .. , . , ..r r.
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general election, at which time they shall be promptly removed. Signs of a more
general political nature (not related to an election) are not subject to time restrictions. It
is unlawful for any person to paste, paint, affix or fasten onto the surface of any utility
pole, bridge, sidewalk, or City -owned or operated vehicle, or any public facility of any
kind any such sign, poster, bill or advertising device when such facilities are located on
public property or within public easements.
14. Window signs which are of a temporary nature for commercial businesses
and which occupy less than 25% of the window surface. Signs on or in the window
which occupy more than 25% of the window surface are permanent and will be
considered part of the overall signing permitted for the business. Such permanent
window signs shall require permits.
15. Signs of community service and fraternal organizations, including
notation of place and date of regular activity meetings.
16. Temporary signs displayed on City of Tukwila parks property. Said
signage must be pre - approved by the Director of the Tukwila Parks Department prior
to display.
B. 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.
Section 2. Ordinance 1913 §1 (part), as codified at 19.12.070 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.070 Fees - Permanent signs. An application fee shall be paid at the time of
application for a permit to erect or install a sign or device controlled by this code. The
fee shall be per the Land Use Fee Schedule most recently adopted by the City Council.
This fee does not include the costs of engineering checks nor of electrical or other
inspections required by other appropriate agencies.
Section 3. Ordinance 1913 §1 (part), as codified at 19.12.080 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.080 Fees - Temporary signs. An application fee shall be paid at the time of
application for a permit to erect or install temporary signs, banners, streamers, and
other special permit signs as provided in TMC Chapter 19.24. The fee shall be per the
Land Use Fee Schedule most recently adopted by the City Council.
Section 4. Ordinance 1913 §1 (part), as codified at 19.12.090 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.090 Fees - Work started prior to permit issuance. Where work for which a permit
is required by this code is started prior to obtaining a permit, the fees specified in the
Land Use Fee Schedule shall be doubled, but the payment of such double fee shall not
relieve any person from fully complying with the requirements of this code in the
execution of the work nor from any other penalties prescribed herein.
Section 5. Ordinance 1274 §1 (part), as codified at 19.22.010 of the Tukwila
Municipal Code, is hereby amended as follows:
19.22.010 Permit requirements - Conformance. A maximum of four internal
informational signs, as defined in TMC 19.08.120, shall be exempt from the permit
requirements of this code. However, all such signs must conform to the design and
placement regulations contained in this chapter. Placement of five or more internal
information signs of identical size and appearance shall require a permit approved by
Sign Code -3
the Planning Commission and payment of a single permanent sign permit application
fee as referenced in TMC 19.12.070.
Section 6. Ordinance 1857 §5 (part), and Ordinance 1274 §1 (part), as codified at
19.28.030 of the Tukwila Municipal Code, are hereby deleted.
Section 7. Ordinance 1857 §5 (part), and Ordinance 1274 §1 (part), as codified at
19.28.040 of the Tukwila Municipal Code, are hereby deleted.
Section 8. Ordinance 1857 §6 (part), as codified at 19.30.010 of the Tukwila
Municipal Code, is hereby amended as follows:
19.30.010 General. The purpose of this chapter is to establish limits on the continuation
of and requirements for the removal of nonconforming signs. Subject to the remaining
restrictions of this chapter, nonconforming 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 required.
Section 9. Ordinance 1857 §6 (part), as codified at 19.30.015 of the Tukwila
Municipal Code, is hereby deleted.
Section 10. Ordinance 1857 §6 (part), as codified at 19.30.020 of the Tukwila
Municipal Code, is hereby deleted.
Section 11. Ordinance 1982 §1 and Ordinance 1857 §6 (part), as codified at 19.30.030
of the Tukwila Municipal Code, are hereby amended as follows:
19.30.030 Definition and removal of non - conforming signs.
A. All signs that do not conform to the specific standards of this Code may be
considered legally nonconforming if the sign was erected in conformance with a valid
permit and complied with all applicable laws at the time of the sign's installation.
B. Application for and issuance of a sign permit that complies with this Code is
required:
1. For relocation, re- erection, alteration, replacement or change in any way
to a legal nonconforming sign - the structure or sign panel /face /copy; or
2. Repair of a legal nonconforming sign that suffers more than 50% damage
or deterioration, which is based upon an appraisal.
3. Any legally nonconforming wall sign that exists as of January 1, 1999 and
that exceeds sign code standards as to sign area by 15% or less shall be deemed to be
conforming. Any legally nonconforming freestanding sign that exists as of January 1,
1999 and that exceeds sign code standards as to sign area, height and location by 15% or
less shall be deemed to be conforming.
C. Modifications not requiring a permit are provided in the section "Exceptions -
Permits not required." (TMC 19.12.050.A.1 and 19.12.050.A.2) and shall not be
considered alteration of a non - conforming sign.
Section 12. Ordinance 1982 §2 and Ordinance 1857 §6 (part), as codified at 19.30.040
of the Tukwila Municipal Code, are hereby deleted.
Section 13. Ordinance 1982 §3 and Ordinance 1857 §6 (part), as codified at 19.30.050
of the Tukwila Municipal Code, are hereby deleted.
Sign Code -4
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Section 14. Ordinance 1857 §6 (part), as codified at 19.30.060 of the Tukwila
Municipal Code, are hereby deleted.
Section 15. Ordinance 1857 §6 (part), as codified at 19.30.070 of the Tukwila
Municipal Code, is hereby deleted.
Section 16. Ordinance 1964 §1 and Ordinance 1857 §6 (part), as codified at 19.30.075
of the Tukwila Municipal Code, is hereby deleted.
Section 17. Ordinance 1857 §6 (part), as codified at 19.30.090 of the Tukwila
Municipal Code, is hereby amended as follows:
19.30.090 Maintenance and repair. Nothing in this chapter shall relieve the owner or
user of a non - conforming sign from the provisions of this code regarding safety,
maintenance and repair of signage. However, a permit issued in conformance with this
Code is required if repairs are needed for a nonconforming sign that has suffered more
than 50% damage or deterioration, which is based upon an appraisal.
Section 18. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre - empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other persons or circumstances.
Section 19. Effective Date. This ordinance or a summary thereof shall be
published in the official . ewspaper of the City and shall take effect and be in full force
1 and effect on // o? 7 /, 2002.
PASSED BY THE CITY COUNJII, OF THE Tx OF TUKWILA, WASHINGTON, at a
, 2002.
Regular Meeting thereof this / I day of
ATTEST/AUTHENTICATED:
. C_ e2ti�."c•
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the y Attorney
Sign Code -5
t
Steven M. Mullet, Mayor
Filed with the City Clerk: / / -i - C�
Passed by the City Council: // - / (-
Published: // - -
Effective Date: //
Ordinance Number: (0-00 1/
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 2004
Published Seattle Times: November 22, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA
MUNICIPAL CODE, SIGN CODE TITLE 19, IN ORDER TO
ELIMINATE THE SIGN AMORTIZATION PROGRAM; TO
ADOPT STANDARDS FOR THE REMOVAL OF
NONCONFORMING SIGNS; AND TO REFERENCE THE NEWLY
ADOPTED LAND USE FEE SCHEDULE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
On November 18, 2002, the City Council of the City of Tukwila passed
Ordinance No.2004, eliminating the Sign Amortization Program; adopting
standards for compliance of nonconforming signs providing for severability,
and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
APPROVED by the City Council at its meeting of November 18, 2002.
(<.> - ( --2.-C."
E. Cantu, CMC, City Clerk
J?
a
City of > ukwila
Washington
Ordinance No. / 7 92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING A PORTION OF
TITLE 19 OF THE TUKWILA MUNICIPAL CODE (THE SIGN
CODE) BY REMOVING THE CHANGE OF COPY PROVISION,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, allowing businesses to change the copy on
their period of non - conformity;
NOW, THEREFORE, THE CITY COUNCIL OF
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 19.12.050 (2) of Ordinance 1274 S 1(part) is amended to read as follows:
19.12.050 Exceptions - Permits not required.
The following shall not require a permit (these exceptions shall not be construed as relieving the
owner of any sign from the responsibility of its erection and maintenance and its compliance
with the provisions of this code or any other law or ordinance regulating the same):
(1) The changing of the advertising copy or message on a theater marquee, readerboard and
similar signs specifically designed for the use of replacement copy;
(2) Repainting or cleaning of an advertising structure shall not be considered an erection or
alteration which requires a sign permit unless:
(A) a structural or electrical change is made; or
(B) the area or the shape of the sign is altered; or
(C) except as provided by subsection (1), above, there is a change in the advertising copy or
message thereon.
(3) Temporary signs and decorations customary for special holidays, such as Independence
Day and Christmas, erected entirely on private property;
(4) Real estate signs 16 square feet or less in area offering the immediate premises for sale,
lease or rent, except in R -1 zones where the maximum sign area allowed is six square feet;
(5) Signs not exceeding four square feet in area and advertising acceptance of credit cards,
provided these are located on the face of a building or upon another larger sign background
area for which a permit has been obtained;
(6) One on- premises sign not electrical or illuminated, four square feet in area or less, which is
affixed permanently on a plane parallel to the wall that is located entirely on private property;
(7) Traffic signs and /or markings, for the purpose of regulating, warning, or guiding traffic,
whether on public or private property. Such signs and markings shall comply with the Manual
on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the
U.S. Department of Transportation, Federal Highway Administration;
(8) Bulletin boards not over twelve square feet in area for each public, charitable or religious
institution when the same is located on the premises of said institution;
(9) Temporary signs denoting the architect, engineer or contractor, when placed upon work
under construction and not exceeding 32 square feet in area;
auC��e�;astnx+�enwsxuexa!n+r, �r
non - conforming signs prolongs
THE CITY OF TUKWILA,
(10) Memorial signs or tablets, names of buildings, and dates of erection, when cut into any
masonry surface or when constructed of bronze or other non - combustible material;
(11) Signs of utilities indicating danger and service or safety information;
(12) A maximum of four internal information signs as defined in TMC 19.08.120 and as regu-
lated by TMC Section 19.22;
(13) Political signs, posters, or bills promoting or publicizing candidates for political office or
issues that are to be voted upon in an election shall not exceed twelve square feet in area and
shall be located entirely on private property for a period not exceeding 30 days prior to any
primary, general or special election; provided, however, that a successful candidate in the
primary election shall not be obligated to remove or to have removed signs, posters, or bills
I between the primary and general elections; and further provided that all signs, posters, or bills
shall be removed not later than the end of the fifth day following any primary election in the
case of those candidates not surviving the primary, and not later than the fifth day following the
general or special election with regard to all candidates and issues. It shall be the responsibility
of the property owner to have signs, posters or bills removed. No political campaign signs of
any type are permitted to be located on any utility pole, bridge, sidewalk, or City -owned or
operated vehicle, or any public property of any kind;
(14) Window signs which are of a temporary nature for commercial businesses and which
occupy less than 25% of the window surface for a period not exceeding 30 days. Signs on or in
the window which are utilized for more than 30 days are permanent and will be considered part
of the overall signing permitted for the business. Such permanent window signs shall require
permits;
(15) Signs of community service and fraternal organizations, including notation of place and
date of regular activity meetings.
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.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 3. 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 (5) days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF . TeJKWILA, WASHINGTON, at a
Regular Meeting thereof this / 7 day of ` %�- ,1997.
ATTEST/ AUTHENTICATED:
e E. Cantu, City Clerk
964,k
e E. Cantu, City Clerk
APPROVED AS TO FORM:
/
-
B �y
Office of the City Attor ey
FILED WITH THE CITY CLERK: 3 -12.9 7
PASSED BY THE CITY COUNCIL: 3 - )
PUBLISHED: 3 - 2 /- 9 7
EFFECTIVE DATE: 3- - -- 9 7
ORDINANCE NO.: / 7992,