HomeMy WebLinkAboutOrd 1982 - Amend Sign Code - Extend Amortization Program Deadline (Repealed by Ord 2303) 4
Amended by 2004
Repealed l ed b 2303 Q 18
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City of Tukwila
Washington
Ordinance No. 2-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1857 AND CHAPTER 19.30
OF THE TUKWILA MUNICIPAL CODE "SIGN CODE EXTENDING THE
AMORTIZATION PROGRAM DEADLINE BY ONE YEAR; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City amended its Sign Code (TMC Title 19) by creating a staged compliance
sign amortization program, hereinafter referred to as the amortization program, by Ordinance No. 1857
in 1998; and
WHEREAS, the amortization program established a deadline of December 31, 2001 for
nonconforming signs to be brought into compliance with the City's sign standards; and
WHEREAS, in 2001, the City developed assistance programs to encourage and aid sign owners in
their compliance with the City's amortization program; and
WHEREAS, a case is pending before the State Appeals Court involving an amortization ordinance
and its application on signs located on highways of the State; and
WHEREAS, the decision of the State Court of Appeals would have a bearing on how Tukwila
administers its amortization program; and
WHEREAS, the City has recently developed and funded incentive programs to assist sign owners in
complying with the amortization ordinance; and
WHEREAS, extending the deadline for the amortization program will give Tukwila additional time
to administer its new programs associated with the amortization program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1857, as codified at TMC 19.30.030, is amended to read as follows:
19.30.030 Removal non conforming on- premises signs.
A. All non conforming signs that are on premises at the time of the adoption of the staged
compliance ordinance must be removed or brought into compliance with Tukwila's Sign Code standards
within the four -year base amortization period. The base amortization period begins on January 1, 1999
and expires on December 31, 2002. Businesses entering into a Voluntary Sign Reduction Agreement
"VSR will be allowed additional time beyond the base amortization period.
B. The VSR agreement is an agreement between a land owner and the City of Tukwila regarding
nonconforming on- premises signage. This agreement allows an extended time period of a specified
length to either remove this signage or bring it into compliance with Tukwila's Sign Code standards.
Section 2. Ordinance No. 1857, as codified at TMC 19.30.040, is amended to read as follows:
19.30.040 Voluntary sign reduction agreements.
Any non conforming on- premises sign covered by a VSR agreement will be allowed an extended
compliance period beyond the four -year base amortization period. Applications are available from the
Department of Community Development and will be processed free of charge. The application deadline
will be established by staff. The approval and execution of all VSR's will occur no later than June 30,
2000. The implementation deadline for all approved and executed VSR's is December 31, 2002.
A -Sign Code amortiz 11- 01.doc 1
Section 3. Ordinance No. 1857, as codified at TMC 19.30.050, is amended to read as follows:
19.30.050 Extended compliance periods under Voluntary Sign Reduction agreement.
The extended compliance period for non conforming on- premises signs covered by a Voluntary Sign
Reduction agreement is determined using the percent of reduction formula. This formula reflects the
reduction in non conforming signage on a premises (expressed as a percentage) as of December 31,
2002. It is used on a per premises basis to determine the extended compliance period for non-
conforming on- premises signs. The reduction in the total square footage of all non conforming signage
to be reduced is divided by the total square footage of all non conforming signage. A 15% bonus is
added to the resulting percentage for each non conforming freestanding sign (if any) that has been
removed or brought into compliance.
PERCENT OF REDUCTION EQUALS:
Total non conforming square plus A 15% bonus for each non conforming
footage reduced per the VSR freestanding sign removed or made
Agreement, divided by the conforming (if applicable) under the
total non conforming square terms of the VSR.
footage before reduction
The percent of reduction figure is then applied to a sliding scale that establishes the duration of
the extended compliance period, and shall be as follows:
Percent of Reduction Using Formula
Less than 30%
At least 30% but not more than 45%
At least 45% but not more than 60%
At least 60% and higher
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and
publication as provided by law.
PASSED BY THE CITY C UNCIL OF1THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 3 day of Z.. J 2001.
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
ESTABLISHING THE EXTENDED COMPLIANCE PERIOD
By j414
Office of the City ttorney
FILED WITH THE CITY CLERK: 11 it 1
PASSED BY THE C TY COUNCIL: 1 24410
PUBLISHED: 1 l O t
EFFECTIVE DATE: 1 12 -t 01
ORDINANCE NO.: 17
Duration of Extended Compliance Period
Not eligible for extended compliance period
5.5 years (base amortization 1.5 years)
7 years (base amortization 3 years)
8.5 years (base amortization 4.5 years)
A -Sign Code amortiz 11- 01.doc 2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
1857 AND CHAPTER 19.30 OF THE TUKWILA MUNICIPAL
CODE "SIGN CODE EXTENDING THE AMORTIZATION
PROGRAM DEADLINE BY ONE YEAR; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
On December 3, 2001, the City Council of the City of Tukwila passed
Ordinance No.1982, extending the deadline for the staged compliance sign
amortization program to await a decision on a case pending before the State
Appeals Court, and to provide additional time to administer new programs
associated with the amortization program; providing for severability; and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
APPROVED by the City Council at its meeting of 12/3/01.
e E. Cantu, CMC, City Clerk
Published Seattle Times: 12/7/01
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