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HomeMy WebLinkAboutOrd 2742 - Reenact TMC Title 19 "Sign and Visual Communication Code"City of Tukwila Washington Ordinance No. I-' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE"; REENACTING TITLE 19; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature recently adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, the City desires to update language in the Tukwila Municipal Code (TMC), Title 19, "Sign and Visual Communication Code," in alignment with current practices, to improve clarity, and to bring the TMC into compliance with SB 5290; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. Repealer. All ordinances as codifed in Title 19, "Sign and Visual Communication Code," and as referenced in Exhibit A, are hereby repealed, thereby eliminating Title 19 in its entirety. Section 3. TMC Title 19 Reenacted. TMC Title 19 is hereby reenacted to read as follows: 2024 Legisation: Title 19 Repeal and Reenact Version: 10/17/24 Staff: 1!loor Page 1 of 3 TITLE 19 SUBDIVISIONS AND PLATS Chapters: 19.04 General Provisions 19.08 Definitions 19.12 Permits 19.16 Construction, Maintenance and Removal of Signs 19.20 Permanent Signs 19.22 Tukwila Urban Center Opt -Out Provision 19.24 Temporary Signs 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Confirming Signs in Annexation Areas 19.38 Billboards Figures (located at back of this section) Figure 1 Billboard Receiving Area — North of Boeing Access Road (for illustrative purposes only) Figure 2 Billboard Receiving Area — North of 180'' Street (for illustrative purposes only) Figure 3 Sign Height Figure 4 Sign Sight Distance Triangle Section 4. Chapters Established. All chapters and figures of TMC Title 19 are hereby established to read as referenced in Exhibit B. Section 5. Corrections by City Clerk or Code Reviser Authorized. 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 6. 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 7. 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 TUKWILA, WASHINGTON, at a Regular Meeting thereof this 2- day of (k{'\7101Y (r , 2024. 2024 Legislation. Title 19 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page 2 of 3 ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney onh}as McLeod, M _ or Filed with the City Clerk: \O Passed by the City Council: 'lO Published: Effective Date: Ordinance Number: ;44 2-, Exhibit A: Repealers Exhibit B: Reenacted Title 19, "Sign and Visual Communication Code" 2024 Legislation: Title 19 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page 3 of 3 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2738 - 2744. On October 21, 2024, 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 2738: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2293 §13 AND 2676 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.22.120; AMENDING ORDINANCE NO. 2547 §12, AS CODIFIED AT TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2739: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.04.040; AMENDING ORDINANCE NOS. 2171 §1 (PART), 2648 §4, 2673 §1, AND 2702 §4, AS CODIFIED AT TMC SECTION 16.04.250; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES 1N STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2740: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS'; REENACTING TITLE 17; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2741: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING"; REENACTING TITLE 18; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SERVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2742: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE"; REENACTING TITLE 19; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2743: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1331 §19, 1344 §10, 1770 §84, AND 2374 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 21.04.210; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2744: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 6250 5. 151ST STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERA131LITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request Andy Youn, Records Governance Manager/City Clerk Published Seattle Times: October 24, 2024 EXHIBIT A: REPEALERS Chapters Ordinance(s) Repealed 19.04 General Provisions 2303 §1 (part) 19.08 Definitions 2303 §2 (part); 2375 §1; 2375 §2; 2375 §3; 2375 §4; 2679 §1 19.12 Permits 2303 §3 (part); 2375 §5; 2469 §1; 2501 §1; 2501 §2; 2501 §3; 2549 §26; 2549 §27 19.16 Construction, Maintenance and Removal of Signs 2303 §4 (part) 19.20 Permanent Signs 2305 §5 (part); 2375 §6, §7, §8, & §9; 2409 §1; 2501 §4 & §5; 2679 §2, §3 & §4 19.22 Tukwila Urban Center Opt -Out Provisions 19.24 Temporary Signs 19.28 Variances 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Conforming Provisions in Annexation Areas 19.38 Billboards 2303 §6 (part) 2303 §7 (part); 2501 §6 & §7; 2549 §28 2303 §8 (part) 2303 §9 (part); 2375 §10; 2501 §8; 2679 §5 2303 §10 (part); 2444 §1 & §2 2375 §11 (part) 2303 §11 (part); 2501 §9 EXHIBIT B: REENACTED TITLE 19 "SIGN AND VISUAL COMMUNICATION CODE" TITLE 19 SIGN AND VISUAL COMMUNICATION CODE Chapters: 19.04 General Provisions 19.08 Definitions 19.12 Permits 19.16 Construction, Maintenance and Removal of Signs 19.20 Permanent Signs 19.22 Tukwila Urban Center Opt -Out Provision 19.24 Temporary Signs 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Conforming Signs in Annexation Areas 19.38 Billboards Figures (located at back of this section): Figure 1 Billboard Receiving Area — North of Boeing Access Road (for illustrative purposes only) Figure 2 Billboard Receiving Area — North of 180th Street (for illustrative purposes only) Figure 3 Sign Height Figure 4 Sign Sight Distance Triangle Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 1 of 43 Sections: 19.04.010 19.04.020 19.04.030 19.04.040 19.04.050 19.04.060 19.04.070 CHAPTER 19.04 GENERAL PROVISIONS Title Intent Liability for Damages Severability Clause Third Party Review and Inspections Substitution Conflict with Other Adopted Environmental Regulations 19.04.010 Title This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi -modal environment. 19.04.030 Liability for Damages Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 2 of 43 19.04.040 Severability Clause If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held 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 code or its application to any other person or situation. 19.04.050Third Party Review and Inspections A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.04.060 Substitution Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.04.070Conflict with Other Adopted Environmental Regulations Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and/or Shoreline Regulations, the requirements of the Sensitive Area Regulations and/or Shoreline Regulations shall prevail. CHAPTER 19.08 DEFINITIONS Sections: 19.08.010 Generally 19.08.020 Abandoned Sign 19.08.030 Awning 19.08.040 Awning/Canopy Side Sign 19.08.050 Awning/Canopy Sign, Under 19.08.055 Awning Face Sign 19.08.060 Billboard 19.08.065 Building -Mounted Sign 19.08.067 Billboard Receiving Areas 19.08.069 Billboard Sending Areas 19.08.070 Cabinet Sign 19.08.072 Canopy 19.08.074 Canopy Edge Sign Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 3 of 43 19.08.076 Channel Letters 19.08.080 Commercial Real Estate Signs 19.08.082 Commercial Zones 19.08.084 Corner Projecting Sign 19.08.090 Department 19.08.091 Digital Billboard 19.08.092 Director 19.08.094 Dynamic Sign 19.08.100 Electronic Sign 19.08.110 Exposed Building Face 19.08.120 Flush Mounted Building Sign 19.08.130 Freestanding Sign 19.08.140 Freeway Interchange Sign 19.08.142 Fuel Canopy 19.08.144 GBCI 19.08.145 Height, Freestanding Sign 19.08.150 Industrial Zone 19.08.155 Institutional Use 19.08.160 Landmark Business 19.08.162 LEED 19.08.165 Master Sign Program 19.08.170 Monument Sign 19.08.180 Multi -Family Complex 19.08.183 Mural 19.08.185 Off -Premise Signage 19.08.190 Parking Structure Incentive Sign 19.08.195 Permanent Sign 19.08.200 Pole Banner 19.08.210 Portable Sign 19.08.215 Projecting Sign 19.08.220 Premises 19.08.225 Residential Zone 19.08.230 Sight Distance Triangle 19.08.235 Sign 19.08.240 Sign Area 19.08.245 Standard Billboard 19.08.247 Tukwila Urban Center 19.08.250 Temporary Sign 19.08.260 Tukwila International Boulevard Corridor 19.08.265 Window Sign 19.08.270 Window Sign, Temporary 19.08.280 Wireless Communications Facility 19.08.010 Generally As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 4 of 43 used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 Abandoned Sign Abandoned Sign means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 Awning Awning means a fabric -covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 Awning/Canopy Side Sign Awning/Canopy Side Sign means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 Awning/Canopy Sign, Under Awning/Canopy Sign, Under means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 Awning Face Sign Awning Face Sign means a sign applied to the main face of an awning, including sloped and vertical surfaces. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 5 of 43 19.08.060 Billboard Billboard means an off -premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 Building -Mounted Sign Building -Mounted Sign means a sign permanently attached to a building and includes flush -mounted signs, awning signs, projecting signs, etc. 19.08.067 Billboard Receiving Areas Billboard Receiving Areas are those areas of the City along South 180th Street zoned as Commercial/Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial/Light Industrial; all properties located along Boeing Access Road; those properties along East Marginal Way, north of Boeing Access Road; and all properties located along Airport Way, north of Boeing Access Road, for which permits for new billboards may be issued if the criteria of this title are satisfied. Attachments A and B, codified in Title 19 as Figures 19-1 and 19-2, are hereby amended. These maps show the billboard receiving areas listed with this definition and are for illustrative purposes only. 19.08.069 Billboard Sending Areas Billboard Sending Areas are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City. 19.08.070 Cabinet Sign Cabinet Sign means a geometrically -shaped sign with a translucent face, backlit by an internal light source. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 6 of 43 19.08.072 Canopy Canopy means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 Canopy Edge Sign Canopy Edge Sign means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 Channel Letters Channel Letters mean three-dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 Commercial Real Estate Signs Commercial Real Estate Signs are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 Commercial Zones Commercial Zones means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C/LI, TVS or TSO. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 7 of 43 19.08.084 Corner Projecting Sign Corner Projecting Sign means a tall, vertically -oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 Department Department means the Department of Community Development or subsequent organizational successor. 19.08.091 Digital Billboard Digital Billboard means an off -premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. 19.08.092 Director Director means the Director of Community Development or his/her designee. 19.08.094 Dynamic Sign Dynamic Sign is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 Electronic Sign Electronic Sign means a sign containing a display that can be changed by electrical, electronic or computerized process. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 8 of 43 19.08.110 Exposed Building Face Exposed Building Face means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one-half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 Flush Mounted Building Sign Flush Mounted Building Sign means a sign located on and parallel to a building wall. 19.08.130 Freestanding Sign Freestanding Sign means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 Freeway Interchange Sign Freeway Interchange Sign means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.142 Fuel Canopy Fuel Canopy is a structure designed to provide weather protection to motorists in order for them to fill vehicles with gasoline, diesel, compressed natural gas, propane, electricity or other similar compounds that allow for the powering of vehicles. The following components must be in place beneath the structure in order for this definition to apply to a structure: 1) There must be at least two fuel dispensing devices; and 2) Customers must have the ability to pay electronically. 19.08.144 GBCI GBCI means the Green Building Certification Institute or successor entity. 19.08.145 Height, Freestanding Sign Height, Freestanding Sign means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign. See Figure 19-3. 19.08.150 Industrial Zone Industrial Zone means any area of the City zoned LI, HI, MIC/L or MIC/H. 19.08.155 Institutional Use Institutional Use means any non-residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 9 of 43 19.08.160 Landmark Business Landmark Business is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.162 LEED LEED means the Leadership in Energy and Environmental Design or successor program, as administered by the United States Green Building Council or successor agency. 19.08.165 Master Sign Program Master Sign Program means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 Monument Sign Monument Sign means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 Multi -Family Complex Multi -Family Complex means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.183 Mural An expression of public art painted directly on the exterior of a building or on a backing that is affixed to the building and that has the consent of the property owner. Text or logos related to the businesses located at the site are not considered to be part of a mural and are subject to the regulations set forth in this code. 19.08.185 Off -Premise Signage Off -Premise Signage means a permanent sign not located on the premises of the use or activity to which the sign pertains. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 10 of 43 19.08.190 Parking Structure Incentive Sign Parking Structure Incentive Sign means a flush -mounted building sign permitted on parking structures and intended for periodic changes in copy. 19.08.195 Permanent Sign Permanent Sign means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 Pole Banner Pole Banner means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 Portable Sign Portable Sign means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. 19.08.215 Projecting Sign Projecting Sign means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 11 of 43 19.08.220 Premises Premises means one or more contiguous lots of record not separated by right-of- way and owned or managed by the same individual or entity. 19.08.225 Residential Zone Residential Zone means any area of the City zoned LDR, MDR or HDR. 19.08.230 Sight Distance Triangle Sight Distance Triangle. See Figure 19-4 19.08.235 Sign Sign means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A -boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 Sign Area Sign Area means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three-dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 Standard Billboard Standard Billboard means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under TMC 19.08.091. 19.08.247 Tukwila Urban Center Tukwila Urban Center is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zoning Map kept on file with the Department of Community Development. 19.08.250 Temporary Sign Temporary Sign is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 Tukwila International Boulevard Corridor Tukwila International Boulevard Corridor means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18-9. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 12 of 43 19.08.265 Window Sign Window Sign is a sign applied to a window or mounted or suspended directly behind a window. 19.08.270 Window Sign, Temporary Window Sign, Temporary is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 Wireless Communications Facility Wireless Communications Facility means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. CHAPTER 19.12 PERMITS Sections: 19.12.010 Administration 19.12.020 Sign Permits Required 19.12.030 Exceptions - Sign Permits Not Required. 19.12.040 Prohibited Signs and Devices 19.12.050 Process 19.12.060 Sign Code Violations 19.12.010 Administration The Director of Community Development (hereinafter "Director") or their designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with TMC 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. All permits referenced in this Title are subject to the permitting requirements found in TMC 18.104. 19.12.020 Sign Permits Required A. A sign discernible from any public right-of-way, adjacent premise or an adjacent off -site business shall not be erected, re -erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 13 of 43 B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency. C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 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 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 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary window signs, subject to the limitations of TMC 19.24.080. 4. Traffic signs and/or markings installed 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 18.104.110. 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. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 14 of 43 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. 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 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 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TMC 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.19.12.050 Process Sign Permit and Master Sign Program applications are type 1 decisions pursuant to TMC 18.104.010. 19.12.060 Sign Code Violations A. It is the responsibility of a property owner and/or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 15 of 43 B. The City shall have the right to remove any signs illegally placed within the City's right-of-way, easements under City control or property owned and/or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right-of-way for 10 days. The owner of the signs may retrieve the signs from the City and pay a $50-per-sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the 10-day period has expired, the City shall have the right to dispose of the signs. C. Any violation of this code shall be considered a public nuisance and subject to enforcement and penalties as prescribed by TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. CHAPTER 19.16 CONSTRUCTION, MAINTENANCE AND REMOVAL OF SIGNS Sections: 19.16.010 Construction 19.16.020 Structural Review 19.16.030 Required Inspections for Permanent Signs 19.16.040 Maintenance 19.16.050 Removal of Abandoned Signs 19.16.060 Immediate Removal, Public Safety 19.16.010 Construction A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review The City's Building Official may require that proposed building -mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review. Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building -mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs A. When a sign triggers structural review, per TMC 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building -mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 16 of 43 C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete 19.16.040 Maintenance All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non -conforming, per TMC 19.36. 3. All lighting shall be maintained in good working order with no broken or burned - out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City. 6. If a building -mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs A. The Director shall order the removal of any sign that is abandoned as defined by TMC 19.08.020. The particular mitigation measures shall be based on the circumstances outlined below: 1. Non -conforming Freestanding Sign. In the event that a non -conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in TMC 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City. 2. Non -conforming Building -Mounted Sign. In the event that a non- conforming building -mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building -Mounted Sign. In the event that a conforming building -mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building -mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 17 of 43 B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety The Director shall order the immediate removal of any sign or sign support structure that in his/her opinion poses an imminent threat to public safety or damage to adjacent structures. CHAPTER 19.20 PERMANENT SIGNS Sections: 19.20.010 Intent 19.20.020 Application Requirements 19.20.030 Permanent Signs in Residential Zones 19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones 19.20.060 Pole Banners 19.20.070 Dynamic Displays in Commercial/Industrial Zones 19.20.010 Intent A. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on -premise businesses, products and uses. 19.20.020 Application Requirements A. All applications to install a permanent sign or other visual communication device shall be subject to the application requirements found at TMC 18.104.060. 19.20.030 Permanent Signs in Residential Zones A. Institutional uses and multi -family complexes are allowed one flush -mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards: 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to be 35 square feet per face and a total of 70 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 18 of 43 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030.D. The lighting shall have no spillover impact on adjacent properties. 7. A monument sign permitted under this section is permitted to complete refaces, panel changes and copy changes without the need to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required under this section. c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. C. Flush -Mounted Building Signs (Wall Signs) - Design Standards: 1. The maximum area of any flush -mounted building sign is limited to the calculation from Table 2 in TMC 19.20.050; however, in no case shall the area of a flush - mounted building sign be greater than 50 square feet. 2. Lighting for flush -mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones: 1. One monument sign per premise, as permitted under TMC 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7am to 10pm. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed 3-foot candle above ambient light conditions, measured 100 feet from the face. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 19 of 43 2. Notice of Understanding: The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he/she understands and agrees to abide by the above requirements. 19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones A. Monument/freestanding signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards: Each premise is permitted to have one free-standing monument -style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1 below. Table 1 — Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side/72 square feet total 54 square feet per side/108 square feet total 6 feet One 400-599 feet 50 square feet per side/100 square feet total 70 square feet per side/140 square feet total 7 feet One 600-799 feet 60 square feet per side/120 square feet total 80 square feet per side/160 square feet total 7 feet One 800-999 feet 66 square feet per side/132 square feet total 88 square feet per side/176 square feet total 8 feet Two 1,000 feet and over 72 square feet per side/144 square feet total 96 square feet per side/192 square feet total 8 feet One for every 400 feet of linear street frontage. a. Allowable sign message area is either the face panel of the sign or, for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. c. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to have a sign message area increase and total size area increase of one percent. 2. Special Corner Properties or Properties with Multiple Street Frontages: A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. Exhibit B: Title 19 Repeal and Reenact Page 20 of 43 Version: 10/17/24 3. Setback: All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maximum Width: The maximum permitted width of a monument sign is 15 feet. 5. Address: In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 6. A monument sign permitted under this section is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC 19.20.040 (6)(a). c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. 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. Exhibit B: Title 19 Repeal and Reenact Page 21 of 43 Version: 10/17/24 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 to buildings sign allowances below shall only apply 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. B. Awning Face Sign: An awning face sign may be substituted for a flush - mounted building sign, allowed under TMC 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush -mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed among multiple awnings on an exposed building face. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs: One projecting sign per separate business is permitted in addition to any other type of building -mounted sign when the following standards are met: Exhibit B: Title 19 Repeal and Reenact Page 22 of 43 Version: 10/17/24 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground -floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5. No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right-of-way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D. Corner Projecting Sign: In order to foster an urban -style environment, a corner projecting sign may be substituted for a projecting sign allowed under TMC 19.20.050.C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right- of-way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign: A canopy -edge sign may be substituted for a projecting sign, allowed under TMC 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 23 of 43 3. The letters may not project beyond the edge of the canopy. 4. The length of the sign may not exceed two-thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian -Oriented Building -Mounted Signs: The signs listed under this section are allowed in addition to the building -mounted signs permitted under TMC 19.20.050.A through E. 1. Under-Awning/Canopy Sign: a. Under-awning/canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy. e. No part of the sign may be less than eight feet above the level of the sidewalk or right-of-way over which it projects. 2. Awning/Canopy Side Sign: a. Only awnings/canopies that are over exterior public entrances are permitted signs. b. Only one awning/canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two- thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right-of-way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs: a. Permanent window signs are permitted to be placed within ground - floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 24 of 43 c. No more than ten percent of the total ground -floor transparent - window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under TMC 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 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 TMC 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. G. Parking Garage Incentives: The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above -ground parking levels. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 25 of 43 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally -illuminated cabinet signs are not permitted. 5. Each sign may be a maximum of 288 square feet in area. 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one-half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7. A maximum of two parking structure incentive signs are allowed per parking structure wall. 19.20.060 Pole Banners A. Pole banners are permitted in the Tukwila Urban Center zone and on properties that contain a Public Recreation Overlay as defined by Title 18 of the TMC. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is 10 square feet, with a limit of 2 banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial/Industrial Zones A. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. CHAPTER 19.22 TUKWILA URBAN CENTER OPT -OUT PROVISIONS Sections: 19.22.010 Purpose 19.22.020 New Opt -outs Not Permitted 19.22.025 Other Chapters Remain in Force 19.22.027 Application Requirements 19.22.030 Allowable Signage 19.22.035 Dynamic Signs 19.22.040 Right to Opt -Back In Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 26 of 43 19.22.010 Purpose A. The Tukwila Urban Center defined in TMC 19.08.247 is an area of existing development that due to its high traffic counts and auto -oriented property configuration is well served by the historical sign regulations. This chapter established an "opt -out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC 19.20. 19.22.020 New Opt -outs Not Permitted A. In order to opt -out of the provisions of this Title, property owners must have submitted a letter to the Director notifying the City of the property owner's intent to opt - out within one year of the effective date of Ordinance No. 2303, passed in 2010. As this date has now passed, no new opt -outs shall be permitted. 19.22.025 Other Chapters Remain in Force A. A decision to opt out as permitted by TMC 19.22.020 is only from TMC 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of TMC 19.20 are ineligible to participate in the Master Sign Program found in TMC 19.32 unless the property owner chooses to opt back in pursuant to TMC 19.22.040. 19.22.027 Application Requirements A. All applications to install a permanent sign or other visual communication device under this chapter shall be subject to the application requirements found at TMC 18.104. 19.22.030 Allowable Signage A. A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs: Each tenant space shall be permitted one permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises. The following criteria shall be met for all permanent wall signs: a. The area of the wall sign shall be a percentage of the area of exposed building face of the tenant space, as calculated per Table 1. Table 1 — Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor 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 Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 27 of 43 3,001-5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted b. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for the sign. c. Only one permanent wall sign is permitted per tenant space per exposed building face. 2. Freestanding Signs: One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; b. The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; c. The site is occupied by at least two tenants. 3. Development Standards for Freestanding Signs: The following development standards shall apply to freestanding signs permitted under TMC 19.22.030 (B): a. Area of Sign. Street Frontage Sign Area/Sign Up to 200 feet 50 sq ft. with a total of 100 sq ft. for all sides. 200 to 400 feet. 75 sq. ft. with a total of 150 sq. ft. for all sides. Over 400 feet. 100 sq. ft. with a total of 200 sq ft. for all sides. b. Height: Any permitted freestanding sign shall be not taller than the building it identifies up to a maximum height of 35 feet. c. Setback: All freestanding signs shall be set back from all property lines a distance equal to the height of the sign. d. Address: In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs A. Properties that choose to opt out of the provisions of TMC 19.20 are prohibited from having any sign which may be considered a dynamic sign. Exhibit B: Title 19 Repeal and Reenact Page 28 of 43 Version: 10/17/24 19.22.040 Right to Opt -Back In A. A property owner that previously was approved to opt out may choose to opt back in to the signs permitted under TMC 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back in to TMC 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not conform to the requirements of TMC 19.20 and either modify or remove them within 30 days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC 19.20, the letter must be accompanied by sign permit applications identifying how they will achieve conformance. CHAPTER 19.24 TEMPORARY SIGNS Sections: 19.24.010 Purpose 19.24.020 Application Requirements 19.24.030 Temporary Signs in Residential Zones 19.24.040 Temporary Signs in Commercial and Industrial Zones 19.24.050 General Provisions for all Temporary Signs 19.24.060 Additional Temporary Signage 19.24.070 Portable Signs 19.24.080 Temporary Window Signs 19.24.090 Violations 19.24.010 Purpose A. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. 19.24.020 Application Requirements A. All applications to install a temporary sign or other visual communication device shall be subject to the application requirements found at TMC 18.104. 19.24.030 Temporary Signs in Residential Zones A. In addition to the signage permitted under TMC 19.12.030, institutional and multi -family uses are permitted the following temporary signage: 1. Each institutional use and multi -family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 29 of 43 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi -family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under TMC 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs A. Placement: Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks: All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Additional Temporary Signage A. 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 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 30 of 43 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. 6. The signs can be safely displayed and placed. 19.24.080 Temporary Window Signs A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent -window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Violations A. Any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. CHAPTER 19.32 Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 31 of 43 MASTER SIGN PROGRAM Sections: 19.32.010 Intent of Master Sign Program 19.32.020 Eligibility 19.32.030 Process 19.32.040 Criteria 19.32.050 Application Requirements 19.32.060 Allowable Modifications Under a Master Sign Program 19.32.070 Existing Signs Not Conforming to a Master Sign Program 19.32.075 Copy and Refaces of Monument and Grand Monument Signs 19.32.080 Regional Gateway Sign 19.32.090 Binding Effect 19.32.010 Intent of Master Sign Program A. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in TMC 19.04.020. Signs permitted under this chapter may only list on -premise businesses, products and uses. 19.32.020 Eligibility A. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within commercial or industrial zones. 19.32.030 Process A. Master Sign Programs are Type 1 Permit decisions in accordance with TMC 18.104. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria A. A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 32 of 43 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night-time environment if the site is in a commercial zone. 5. No sign -related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non- conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Application Requirements A. Applications for Master Sign Programs shall be subject to the application requirements found at TMC 18.104.060. 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an 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 TMC 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. 6. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 33 of 43 c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally -integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 7. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under TMC 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 8. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush -mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 34 of 43 19.32.070 Existing Signs Not Conforming to a Master Sign Program A. Any new or amended Master Sign Program shall include the removal of any existing, non -conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or TMC 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.075 Copy and Refaces of Monument and Grand Monument Signs Approved under this Chapter A. A monument sign or grand monument sign permitted under this TMC is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: 1. The monument sign or grand monument sign was authorized by the City under a permit issued on or after August 24, 2010. 2. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC 19.32.075 (1). 3. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument or grand monument sign's location. 19.32.080 Regional Gateway Sign A. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect A. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. CHAPTER 19.36 NON -CONFORMING PROVISIONS Sections: 19.36.010 Purpose 19.36.020 Definition and Removal of Legally Non -Conforming Permanent Signs 19.36.030 Existing Freeway Interchange Signs 19.36.040 Additional Signage Prohibited Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 35 of 43 19.32.050 Financial Incentives — Tukwila International Boulevard Corridor 19.36.010 Purpose A. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non -conforming signs. Subject to the remaining restrictions of this chapter, non -conforming signs that were otherwise lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non -Conforming Permanent Signs A. All permanent signs that do not conform to the specific standards of this code may be considered legally non -conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non -conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Loss of Legal Non -conforming Status: Non -conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non -conforming sign permit is required but not obtained within 180 days of notice of non-conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non -conforming building -mounted signs on the premise affected by the construction and all non -conforming free-standing signs lose their non -conforming status. 3. When any change to the structure or sign panel/face/copy or any relocation, re -erection, alteration, replacement or change in any way to a sign is proposed. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non -conforming sign or the structure to which it is affixed. D. Maintenance: Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two- year period is less than 25 percent of the cost of replacing the sign. 19.36.030Existing Freeway Interchange Signs A. Relocation, re -erection, alteration, replacement or change in any way to the structure or sign panel/face/copy of any existing sign classified as a freeway interchange signs under the previous sign code is prohibited and will result in a loss of non -conforming status. Ordinary maintenance and repair of a sign shall be permitted without loss of non - Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 36 of 43 conforming status if the cost of all maintenance and repair over a two-year period is less than 25 percent of the cost of replacing the sign. 19.36.040Additional Signage Prohibited A. No additional permanent building -mounted signage is permitted on a tenant space that contains a non -conforming building -mounted sign. No additional permanent free-standing signs are permitted on a premises that contains a non -conforming freestanding sign other than a sign that was classified as "freeway interchange" under the previous Sign Code. 19.36.050Financial Incentives — Tukwila International Boulevard Corridor A. In order to assist with the removal of non -conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18-9. b. Removal of non -conforming signs listed in TMC 19.36.030 shall have a higher priority than removal of non -conforming signs listed in TMC 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. CHAPTER 19.37 NON -CONFORMING SIGNS IN ANNEXATION AREAS Sections: 19.37.010 Purpose 19.37.020 Definition and Removal of Legally Non -Conforming Permanent Signs 19.37.030 Non -Conforming Sign Permits 19.37.040 Non -Conforming Temporary Signs 19.37.050 Additional Signage Prohibited 19.37.010 Purpose A. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non -conforming signs within areas of the City that were annexed after Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 37 of 43 May 1, 2012. Subject to the remaining restrictions of this chapter, non -conforming signs that were otherwise lawful on the effective date of the annexation may remain subject to the limitations under this chapter. The provisions of this chapter do not apply to billboards within annexation areas. 19.37.020 Definition and Removal of Legally Non -Conforming Permanent Signs A. All permanent signs within annexation areas are considered legally non- conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non- conforming rights are not granted to temporary signs or signs that were in violation of King County ordinances or regulations of the State of Washington. The burden of establishing that a sign is non -conforming lies solely with the individual asserting the claim that a sign is non -conforming. B. Any monument sign installed within an annexation area that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs in Annexation Areas: Signs that were installed within the annexation area prior to the effective date of the City's annexation and became non -conforming upon annexation in the City, may be issued a non -conforming sign permit that will allow the signs to remain for 10 years from the effective date of the annexation. This 10-year period shall be known as the "annexation grace period." D. Sign Modifications During the Annexation Grace Period: During the annexation grace period, signs with non -conforming sign permits may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non -conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Annexation Grace Period: After the annexation grace period, the sign is permitted to remain as -is indefinitely. However, relocation, re - erection, alteration, replacement or change in any way to a legal, non -conforming sign, including the structure or sign panel/face/copy, will require the sign be brought into compliance with the sign code in effect at the time of submittal of a complete sign permit application. 19.37.030 Non -Conforming Sign Permits A. Non -Conforming Sign Inventory: The Director shall, as soon as practicable after the effective date of the annexation, survey the annexation area for signs that do not conform to the requirements of Title 19. Upon determination that a sign is non -conforming or illegal, the Director shall use reasonable efforts to notify the sign owner, in writing and, where practicable, the owner of the property on which the sign is located. Notification shall include: 1. Whether the sign is non -conforming or illegal. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 38 of 43 2. Whether the sign may be eligible for a non -conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. The failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non -Conforming Sign Permits: 1. Eligibility: A non -conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required: A Type 1 Sign Permit is required for all eligible non- conforming signs within the annexation areas. The sign owner shall obtain the permit within 180 days of notification by the City. Sign permits shall be obtained for any panel or copy change allowed during the annexation grace period. There is no permit fee for the issuance of the non -conforming sign permit. 3. Applications: Applications for a non -conforming sign permit shall be subject to the application requirements found at TMC 18.104. 4. Failure to Respond: It is the sign owner and/or property owner's responsibility to return the non -conforming sign permit to the City within the 180 days of notice as outlined in this section. Failure to respond will constitute a waiver of any grace period provided to the sign under this chapter and modifications to the sign will be controlled by TMC 19.36.030. 5. Permit Issuance: The Director shall issue non -conforming sign permits upon a determination of eligibility. C. Loss of Legal Non -conforming Status: Non -conforming signs shall be brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When an application is submitted to the City for a project that is subject to design review, any non -conforming building -mounted signs on the premise affected by the construction and all non -conforming free-standing signs lose their non -conforming status. 2. When any panel or copy changes are proposed after the expiration of the annexation grace period. 3. When the sign meets the definition of abandoned. 4. Damage of 25 percent or more in the value of either the non -conforming sign or the structure to which it is affixed. D. Maintenance: Ordinary maintenance and repair of a sign shall be permitted without loss of non -conforming status if the cost of all maintenance and repair over a two- year period is less than 25 percent of the cost of replacing the sign. 19.37.040 Non -Conforming Temporary Signs A. Non -conforming temporary signs in annexation areas must be removed within 120 days of the effective date of the annexation. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 39 of 43 B. Commercial real estate signs in existence in the annexation area prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.37.050 Additional Signage Prohibited A. No additional permanent building -mounted signage is permitted on a tenant space that contains a non -conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non -conforming freestanding sign. CHAPTER 19.38 BILLBOARDS Sections: 19.38.010 Purpose 19.38.020 Billboard Receiving Areas Established 19.38.030 Billboard Sending Areas Established 19.38.040 New Billboards 19.38.050 Refurbishing Existing Billboards 19.38.060 Application Materials for Billboards within the City 19.38.010 Purpose A. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established A. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established A. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards A. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within a designated sending area in order to install a billboard within designated receiving areas. Removal of all billboards included in Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 40 of 43 an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. Table 1 Type of Sign Proposed in Designated Receiving Area Number of Billboards That Must Be Removed Within Designated Sending Areas I— One Static Billboard Face Five billboard faces One Digital Billboard Face Seven billboard faces 3. 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. 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 2. Table 2 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 Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 41 of 43 or billboard identification numbers are permitted and shall not exceed an area of three square feet. 4. 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. 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. 19.38.050 Refurbishing Existing Billboards A. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5. Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property within a residential zone. 6. Non -digital billboards cannot be refurbished or upgraded to either tri-vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with TMC 19.38.040.H. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 42 of 43 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City A. All applications to install a billboard shall be subject to the application requirements found at TMC 18.104. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 43 of 43 For Illustrative Purposes Only FIGURE 19-1 City of Tukwila Billboard Receiving Area Afr For Illustrative Purposes Only FIGURE 19-2 City of Tukwila Billboard Receiving Area it ufiis j.o 49 uiulinn Iuiod Tsanno1 u6!s 4o Tuiod Tsaliel u6is wail laal anid EC7 1-(-- 40' 40' 1 1 • Access Permits all turning motions Right Out Only 40• Standard Sight Distance —/ May be modified by City Engineer 1 • Public Road Center of Intersection of private access to public street Public Road Sign placement must comply with setback requirements of sign code Center of Intersection of private access to public street