HomeMy WebLinkAboutPlanning 2016-03-24 Item 4 - Public Hearing: 2016 Housekeeping Code Amendments - Attachment F: Title 19 OrdinanceATTACHMENT F
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469
§1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS
CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND
VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS,
TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE
AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held
that content -based sign regulations, such as different regulations for varying types of
non - commercial speech signs, are unconstitutional; and
WHEREAS, the City Council desires to amend the Sign Code to comply with Reed
v. Town of Gilbert; and
WHEREAS, the City desires to clarify language in the current Sign Code regarding
incentive signage; and
WHEREAS, the City Council desires to provide the Director flexibility to provide
sign permit extensions longer than 30 days; and
WHEREAS, the City Council desires to provide additional signage flexibility for
multi- tenant buildings that do not qualify for the Master Sign Program by allowing one
additional building- mounted sign; and
WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from
5 square feet to 10 square feet; and
WHEREAS, on , the City's State Environmental Policy
Act (SEPA) Responsible Official issued a Determination of Non - Significance on the
proposed amendments; and
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WHEREAS, on , the City was informed by the
Washington State Department of Commerce that it had met the Growth Management
Act notice requirements under RCW 36.70A.106; and
WHEREAS, on , the Tukwila Planning Commission,
following adequate public notice, held a public hearing to receive testimony concerning
amending the Tukwila Municipal Code and at that meeting adopted a motion
recommending the proposed changes; and
WHEREAS, on , the Tukwila City Council, following
adequate public notice, held a public hearing to receive testimony concerning the
recommendations of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila
Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows:
19.12.030 Exceptions — Sign Permits Not Required
The following shall not require issuance of permits by the City. The exception is only
from the need to obtain a permit and shall not be construed as relief from compliance
with other requirements of this title. The provisions of this section shall be narrowly
construed so as to effectuate the purposes of this title, as enumerated in TMC Section
19.04.020.
1. Repainting of an existing sign when there is no other alteration. This
exception shall not be interpreted to allow the changing of copy or face changes on an
existing sign.
2. Refacing, panel change or copy change on existing conforming, monument
signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030
(B)(7), 19.20.040 (6), or 19.32.075.
3. Temporary signs and decorations customary for holidays, such as
Indcpcndence Day and Thanksgiving, erected on private property. Signs may only
contain non - commercial speech.
43. Temporary window signs, subject to the limitations of TMC Section
19.24.080.
54. Traffic signs and /or markings installed by the City of Tukwila, King County
or Washington State Department of Transportation for the purpose of regulating,
warning or directing traffic. Signs may be installed within the right -of -way or on private
property, with the permission of the property owner. All signs installed under this
exception shall meet the requirements of the Manual on Uniform Traffic Control Devices
for Streets and Highways, current edition, published by the U.S. Department of
Transportation.
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85. Signs typically installed on utilities and wireless communication facilities
denoting danger or other safety information, including emergency contact information.
7. Political campaign signs, subject to the limitations of TMC Section
19.24.090.
8. Temporary signs installed at City parks. All signs shall be approved by the
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96. Land use notice boards per TMC Section 18.104.110.
1-07. Text or graphics on umbrellas located in outdoor seating or plaza areas.
148. Up to four directional signs per premises where there is a need to direct
vehicular traffic. Freestanding signs may be up to three feet in height and two square
feet per face or a total of four square feet for all faces. Flush- mounted building signs
may be up to three square feet in size.
-1-2.9. The following exceptions are specific to properties developed with
residential uses in residential zones:
a. Each residential property shall be permitted one 1.5- square -foot,
building- mounted plaque; and
b. Each residential property shall be permitted one —two 6- square -foot
banner nr rigid signs that 1s -are temporary in nature; and_
c. Temporary incidental signs may be displayed with no restrictions from
following Sunday (or the Monday following a Sunday if the Monday is a designated
holiday). No individual sign may exceed six square feet in size. It is intended that this
subsection shall apply to garage sale and real estate "open house" signs, however
content of the sign is not restricted.
1310. Display of up to three flags, each on individual flag poles, per premise.
Content of the flags is not regulated.
1411. Banners within the City's right -of -way, located on City -owned light poles,
City -owned street light signal poles, or hanging above the right -of -way when approved
by the Director of Public Works or designee.
Section 2. Ordinance No. 2303 §3, as codified at TMC Section 19.12.150, is
hereby amended to read as follows:
19.12.150 Sign Permit Expiration for Permanent Signs
Sign permits are valid for 180 days from the date of issuance. The applicant must
request a final inspection or submit a request for extension to the City prior to the permit
expiration date or the permit will expire. The Director may grant anone extension of —nrot
more than 30 days if the request is submitted prior to permit expiration.
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Section 3. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC
Section 19.20.050, subparagraph A, are hereby amended to read as follows:
19.20.050 Permanent Building- Mounted Signs in Commercial /Industrial Zones
A. Flush - Mounted Building Signs (Wall Signs).
1. Each separate tenant suite with an exterior public entrance is permitted to
have one flush- mounted building sign per exterior public entrance. Additionally, each
multi- tenant premise with one or more buildings totaling 25,000 square feet or more, but
that does not qualify for the Master Sign Program and has gone through design review,
is allowed one additional flush- mounted building sign of up to 50 square feet for the
complex in addition to individual tenant signs. In the MIC /H zone no more than one
flush- mounted wall sign shall be permitted per cardinal direction; regardless of the
location of public entrances.
2. Buildings where multiple tenants share a common entrance may have one
flush- mounted building sign per exterior public entrance.
3. Wall signs may only be placed within the section of exposed building face
that qualifies for the placement of the building- mounted sign.
4. The area of the wall sign shall be a percentage of the area of exposed
building face where the sign is proposed to be displayed, as calculated per Table 2.
5. Wall signs may not extend above the top of the parapet or eave of the roof
of the wall on which they are located.
Table 2 — Allowable Message Area for Permanent Wall
Signs in Commercial and Industrial Zones
Area (LxH) of Exposed
Building Face (EBF) in
Square Feet
Permitted Sign Area
0 - 500
EBF x .05 or 20 square feet
501 - 1,500
(EBF -500) x .04 + 25 square feet
1,501 - 3,000
(EBF- 1,500) x .03 + 65 square feet
3,001 - 5,000
(EBF- 3,000) x .02 + 110 square feet
Over 5,000 (except for
buildings within the
MIC /H District)
150 square feet maximum size permitted
The additional sign allowances below shall only apply
to buildings located on properties within the MIC /H District.
5,001 - 20,000
(EBF - 5,000) x .015 + 150 square feet
20,001 - 50,000
(EBF- 20,000) x .015 + 375 square feet
50,001 - 80,000
(EBF- 50,000) x .015 + 825 square feet
80,001 - 100,000
(EBF- 80,000) x .01 + 1,275 square feet
Over 100,000
1,500 square feet maximum size permitted
(1) Any flush - mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted
an area increase of .5 percent of the permitted sign area from Table 2.
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(2) A fuel canopy, as defined in this title, is permitted to install one flush - mounted building sign (wall sign)
on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed #w-10
square feet or one -third the area of the surface to which the sign is attached (whichever is less);
illumination of the sign is permitted.
Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC
Section 19.20.050, subparagraph F.4., are hereby amended to read as follows:
19.20.050 Permanent Building- Mounted Signs in Commercial /Industrial Zones
F. Pedestrian Oriented Building- Mounted Signs.
4. Incentive Signage. The allowable area of the sign allowed under this
provision is 50 percent of that calculated in Table 2, "Allowable Message Area for
Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be
permitted additional flush- mounted building signage on walls fronting their tenant
spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under
the following circumstances:
a. The business or use may not have any other building- mounted signage
oriented in the same direction as the incentive sign.
b. Architectural interest must be provided through at least one of the
following methods:
1) At least 50 percent of the wall area between the height of two and
seven feet must be transparent with either an unobstructed view into the business or
use, or a display window with a depth of at least three feet.
2) Architectural detailing consistent with the building design using
changes in color, materials, texture and variations in the wall plane.
3) Artwork such as mosaic, mural or sculptural relief over at least 50
percent of the wall surface.
4) One or more trellises covering at least 50 percent of the wall area
between the height of two and seven feet, planted with climbing vines and other plant
materials in a planting bed at least two feet in width and provided with permanent
irrigation.
5)
"Table 2 Allowable Message Arca for Permanent Wall Signs in Commercial and
Industrial Zones."
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Section 5. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070,
"Portable Signs," is hereby amended to read as follows:
19.24.070 Portable Signs
A. In order to facilitate the orderly movement of automobile traffic and pedestrians,
portable signs may be used for limited duration with special permission from the City.
The use of portable signs is limited to special events such as the holiday shopping
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season at the Westfield Southcenter Mall, events by the City's Parks and Recreation
Department and /or events at Fort Dent Park.
B. The City may approve the use of portable signs for special events if all of the
following conditions are met:
1. The portable signs are being used strictly to assist motorists and /or
pedestrians in navigating City streets and /or commercial properties. The portable signs
are not intended to be used for advertising or as a means to circumvent the intent of this
code.
2. The placement of the portable signs will not impact public safety.
3. The use of the portable signs is part of a larger motorist and /or pedestrian
management plan.
4. The anticipated traffic for the event represents a 50 percent increase above
the ordinary traffic for the site that will be hosting the event.
5. The special permit shall be valid for up to 30 days. Portable signs shall be
removed within 24 hours following the conclusion of the event.
6. The signs can be safely displayed and placed.
C. Real estate directional signs do not qualify for a special portable sign permit.
Section 6. Repealer. Ordinance No. 2303 §7, as codified at TMC Section
19.24.090, "Political Campaign Signs," is hereby repealed.
A 1• ! •
A. Political campaign signs do not require sign permits.
B. Candidate signs may only be installed for candidates who either have publicly
declared their intent to run for office or have filed with King County to seek office.
C. Initiative signage may be displayed for any initiative in which there is an
ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has
been filed with the Washington Secretary of State's Office or County Auditor's Office.
All signs must be removed within 14 days following the election.
D. All political campaign signagc shall be removed within 14 days following the
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may remain until 14 days following the run off election.
E. Campaign signs may be placed in the landscaped ar e e. • e _ _
property in which the adjacent property owner controls and maintains the area. No
political campaign sign shall be erected on private property without the permission of
the property owner or his /her agent.
19.24.030, "Tcmporary Signs in Residential Areas."
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G. Campaign signs may not be located on real property owned and /or controlled
by the City of Tukwila.
H. Campaign signs may not be located within street medians or in right of way
Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2016.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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