HomeMy WebLinkAboutOrd 2501 - TMC Title 19 "Sign and Visual Communication" Code Amendments
Cover page to Ordinance 2501
The full text of the ordinance follows this cover page.
Ordinance 2501 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2742
1, 2, 3, 4, 5, 6, 7, 8, 9
City of Tukwila
Washington
Ordinance No. cgc_501
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 March 23, 2016, 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
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 1 of 9
WHEREAS, on March 24, 2016, 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 April 29, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non - Significance on the proposed
amendments; and
WHEREAS, on May 9, 2016, 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
(13)(7), 19.20.040 (6), or 19.32.075.
3. Temporary window signs, subject to the limitations of TMC Section
19.24.080.
4. 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.
5. Signs typically installed on utilities and wireless communication facilities
denoting danger or other safety information, including emergency contact information.
6. Land use notice boards per TMC Section 18.104.110.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 2 of 9
7. Text or graphics on umbrellas located in outdoor seating or plaza areas.
8. 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.
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 four signs that are
temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6
square feet.
10. Display of up to three flags, each on individual flag poles, per premise.
Content of the flags is not regulated.
11. 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 19.12.040, is
hereby amended to read as follows:
19.12.040 Prohibited Signs and Devices
A sign, sign style or device is prohibited by this code and subject to removal if it is not
specifically permitted by this code. This includes, but is not limited to, the following
examples:
1. Signs adjacent to State roads that do not comply with Washington State
Department of Transportation regulations.
2. Any sign using the word "stop," "look" or "danger" or any other word,
symbol, character or color, that might be confusing to traffic or detract from any legal
traffic control device.
3. Any sign, symbol, object or device located within City or State rights -of -way
or City easement or City -owned property without City and /or State approval.
4. Any sign, symbol, object or device located on a traffic control device, City
light pole or other City -owned facility, even if such facility is located on private property,
with the exception of TMC Section 19.12.030.4.
5. Any sign, symbol, object or device that is placed or hung from a tree, bush,
shrub or other vegetation.
6. Strings of pennants, banners or streamers, searchlights, clusters of flags,
wind - animated objects, balloons and similar devices except as provided under TMC
Section 19.24.060.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 3 of 9
7. The use of portable signs or other similar devices, unless permitted under
TMC Section 19.24.070.
8. Dynamic signs, except those types specifically permitted under this code.
9. Abandoned signs.
10. No sign may be placed on any property without the property owner's
permission. Private property owners shall be responsible for the removal of signs
placed on their property without their permission.
Section 3. 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 an extension if the
request is submitted prior to permit expiration.
Section 4. 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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 4 of 9
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.
(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 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 5. 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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 5 of 9
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.
Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is
hereby amended to read as follows:
19.24.060 Additional Temporary Signage
Each business operating within the City shall be permitted one additional temporary
sign permit every 24 months. That permit allows:
1. The type and size of temporary signs permitted under TMC Sections
19.24.040 and 19.24.050.
2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6,
"Prohibited Signs and Devices."
3. These signs may remain in place for up to 30 days.
Section 7. 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.
B. The City may approve the use of portable signs 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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 6 of 9
6. The signs can be safely displayed and placed.
Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060,
"Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby
amended to read as follows:
19.32.060 Allowable Modifications Under a Master Sign Program
A. Modifications to the following standards may be allowed under an
administratively approved Master Sign Program:
1. Increase in monument sign total area of up to 25 percent. No increase in
height permitted.
2. Increase in the area of a flush- mounted building sign, allowed per Section
19.20.050.A shall be allowed as follows:
a. For premises up to 85 acres in size, the flush- mounted building sign
can be increased to six percent of the exposed building face, up to a maximum of 250
square feet.
b. For premises 85 acres and over in size, the flush- mounted building
sign can be increased up to six percent of the exposed building face, up to a maximum
of 500 square feet, provided that no flush- mounted building sign with an area greater
than 250 square feet is located within 250 feet of a public street.
3. Aggregation of the building- mounted or freestanding sign area allowed per
Table 1 or Table 2 into fewer, larger signs of the same type.
4. Up to four additional directional signs. The directional signs must utilize
materials, colors and details consistent with the design of the other site signage.
5. In no more than one location on a premise, the allowable sign area for an
exposed building face may be split between two flush- mounted building signs located
on the same exposed building face so long as there is a minimum vertical separation of
20 feet between the two flush- mounted building signs.
Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New
Billboards," subparagraphs 4 and 5, is hereby amended to read as follows:
4. The following requirements shall apply to new billboards within designated
receiving areas:
a. No more than two faces are permitted for each billboard structure.
b. Area of an individual face shall not exceed 500 square feet.
c. Billboards shall be spaced at least 500 feet away from any existing or
proposed billboard.
d. Billboards shall not exceed a height of 35 feet.
e. No portion of the billboard shall be within 10 feet of any adjacent right
of way.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 7 of 9
f. No portion of the billboard's foundation shall be within 15 feet of the
adjacent right of way. The billboard shall meet any required side or rear setback in the
zone in which it is located.
g. Lighting of billboards:
1) The billboard may be illuminated; non - digital billboards shall
utilize lights that shine directly on the sign structure. Digital billboards shall not operate
at a brightness level of more than 3 -foot candles above ambient light as measured
using a foot candle meter at a pre -set distance as outlined in Table 3.
Table 3
Billboard Style
Dimensions
Measurement Distance
Posters
12 x 24 feet
150 feet
Bulletins
14 x 48 feet
250 feet
2) Each display must have a light sensing device that will adjust the
brightness as ambient light conditions change.
3) The technology currently being deployed for digital billboards is
LED (light emitting diode), but there may be alternate, preferred and superior
technology available in the future. Any other technology that operates under the
maximum brightness stated in Table 3 above shall be permitted.
4) If a digital display is proposed, the rate of change for the sign shall
not exceed a frequency of more than once every 8 seconds.
5) One sign, 8.5 square feet in size shall be permitted to be attached
to the billboard. The sign can only be used to identify the operator of the billboard.
Address or billboard identification numbers are permitted and shall not exceed an area
of three square feet.
5. Billboard Placement, Street Tree Pruning.
Upon application to place a billboard within a designated receiving area, the City and
the applicant shall work to determine a billboard location that will not be visually
obscured either now or in the future by surrounding street trees. If placement of the
billboard cannot be accomplished in such a way that will avoid conflicts between the
billboard and current or future street trees, pruning of the street trees is permitted,
provided:
a. The applicant obtains a street use permit from the City's Public Works
Department. The purpose of the permit is to regulate the manner by which the trees will
be pruned, such as lane closures, sidewalk closures, etc.
b. All pruning is done by the applicant and all cost is borne entirely by the
applicant.
c. All pruning activities are supervised by a certified arborist and all
pruning complies with ANSI A300 as currently written or as may be amended.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 8 of 9
d. Only those street trees on or adjacent to the property where the
billboard is located are eligible for pruning.
e. In the event of death of the tree(s) as a result of the pruning activities,
the applicant shall be responsible for paying the landscape value of the tree(s) as
determined by a certified arborist or landscape architect.
Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section
19.24.090, "Political Campaign Signs," is hereby repealed, thereby eliminating TMC
Section 19.24.090.
Section 11. 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 12. 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 13. 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 I 6T)4- day of _vex , 2016.
ATTEST /AUTHENTICATED:
r��OF
Chnsty O'F aherty, MMC, City Clerk
APPROVED AS TO FORM BY:
a
Rachel B. Turpin, City Attorney
Filed with the City Clerk: -ID-Wit
Passed by the City Council: C
Published:
Effective Date: S -C �16 _
Ordinance Number:
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs Page 9 of 9
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2499 -2502.
On May 16, 2016 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2499: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1
(PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS
AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS
CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2500: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS
OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS
WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF
HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2501: 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.
Ordinance 2502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT
POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE
AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL
REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 19, 2016