HomeMy WebLinkAboutOrd 1857 - Sign Code Compliance Sign Amortization Program
1982
2004 §6 (part) 1892 §4
2004 §5 -6 (part) deleted 2119 §7
2005 §7 2303 §7
2066 §7
2097 §7
2098 §7
Amended by 2004
Repealed by 2303 §7
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City of Tukwila
Washington
Ordinance No. 18 57
q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING PARTS OF ORDINANCE NO.
1274, AND AMENDING PARTS OF ORDINANCE NOS. 1768 AND
q 1792 AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19, SIGN
1 CODE; CREATING A STAGED COMPLIANCE SIGN AMORTIZATION
6� 1 l �I PROGRAM; PROVIDING REMEDIES FOR FAILURE TO COMPLY;
AMENDING DECISION REVIEW PROCESSES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that Tukwila has many non conforming, pre existing signs which
are located in areas annexed to the City over the past ten years; and
WHEREAS, the City Council wishes to implement Comprehensive Plan policies calling for an amortization
plan; and
WHEREAS, the City Council, through the adoption and implementation of the Pacific Highway
Revitalization Plan, seeks to adopt changes to the Sign Code to improve the visual quality of this important part of
Tukwila's business community; and
WHEREAS, during a number of public meetings over the past six months, property owners and businesses
have expressed dissatisfaction with sections of the existing Tukwila Sign Code which pertain to non conforming
signage; and
WHEREAS, the City Council wants to establish a firm date of six months following adoption of this
ordinance to require all illegal signs to be removed; and
WHEREAS, the City wishes to provide businesses and property owners with a process to amortize non-
conforming signs that is equitable yet flexible by giving property owners up to 7 -1/2 years to bring non conforming
signs into compliance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new section is added to TMC 19.08, Definitions, as follows:
19.08.175 Premises.
"Premises" means one or more contiguous lots of record (exclusive of any right -of -way), owned or managed
by the same individual or entity.
Section 2. Ordinance 1274 as codified at TMC 19.08.130 is amended to read as follows:
19.08.130 Off- premises sign.
"Off premises sign" means any sign which is not on the same premises as the business with which it is
identified, or which cannot be classified as an on- premises sign under TMC 19.08.140.
Section 3. Ordinance 1274 as codified at TMC 19.08.140 is amended to read as follows:
19.08.140 On- premises sign.
"On- premises sign" means a sign which displays advertising copy specifically related to a primary use of the
premises on which it is located, including signs or sign devices indicating the business transacted at, services
rendered, goods sold or produced on the immediate premises, name of the business, person, firm or corporation
occupying the premises, including signs with adjustable copy known as readerboards. Said sign must be on the
same premises as the business with which it is identified.
SIGNAMRT.DOC 1113011998
Section 4. Ordinance Nos. 1274 and 1792, as codified at TMC 19.12.050A.2. (Exceptions Permits Not
Required), are amended to read as follows:
2. Repainting or cleaning of an advertising structure shall not be considered an erection or alteration
which requires a sign permit unless:
a. a structural or electrical change is made; or
b. the area or the shape of the sign is altered; or
c. except as provided in subsection (1) above, there is a change in the advertising copy or
message on any sign located in either the Manufacturing /Industrial Center —Light (MIC /L)
District or the Manufacturing/Industrial Center —Heavy (MIC /H) District (as they are
established and identified under Title 18 of the Tukwila Municipal Code).
Section 5. Ordinance 1274, as codified at TMC 19.28.030 and 19.28.040, is amended to read as follows:
19.28.030 Non conforming Signs in the MIC /L and MIC /H Districts.
Any non conforming sign located in either the Manufacturing /Industrial Center —Light (MIC /L) District or
the Manufacturing /Industrial Center —Heavy (MIC /H) which was erected prior to May 28, 1973, or which was
erected legally in accordance with the provisions of the sign ordinance in effect at the time of erection, or which has
a valid building permit from the City, may remain in use until such time as:
1. There is a change in use of the land, building or tenant space within a building that the sign
identifies; or
2. There are substantial alterations or enlargements to the site or building exterior upon which the
non conforming sign is located requiring issuance of a license or permit from the City; or
3. There is a change in the letter style, size, color, background, message or sign structure which
requires manufacturing of a new or modified sign face or structure.
At such time, any non conforming permanent sign shall be brought into conformance with the requirements of this
code or shall be removed.
Exceptions: Easily replaceable bills and letters as in the case of a readerboard requiring no new investment in the
sign shall not be considered modification of a non conforming sign. Modifications not requiring a permit as
provided in TMC 19.12.050.A.1 and 19.12.050.A.2 shall not be considered modification of a non conforming sign.
19.28.040 Closure and vacation of business —time limit for sign removal in the MIC /L and
MIC /H Districts.
Upon closure and vacation of a business or activity located in either the Manufacturing /Industrial Center
Light (MIC /L) District or the Manufacturing /Industrial Center Heavy (MIC /H), the owner of said business or
activity shall have 30 days from the date of closure to remove all signs relating to the business or activity. If the
owner of the business or activity fails to remove the signs within the designated time limit, then the owner of the
property upon which the signs are located shall remove the signs within 60 days of the closure and vacation of the
premises. If the owner of the property on which the signs are located fails to remove the signs within 60 days, then
the Planning Director upon due notice may remove the signs at the owner's expense.
Section 6. A new TMC Chapter 19.30, Staged Compliance Sign Amortization Program, is hereby created to read
as follows:
19.30.010 General.
The Staged Compliance Sign Amortization Program is a phased program designed to bring all signage in the
City of Tukwila into conformance within a defined time period. The ordinance was adopted on November 23,
1998, and its effective date is January 1, 1999. All decisions regarding the Staged Sign Amortization Program are
Type 2 decisions under TMC 18.104.010C and may be appealed to the Planning Commission under TMC Chapter
18.116. For the purposes of Chapter 19.30, any legally erected wall sign that is existing as of January 1, 1999 and
which exceeds sign code standards as to sign area by 15% or less shall be deemed to be conforming. Any legally
erected freestanding sign that is existing as of January 1, 1999 and which exceeds sign code standards as to sign
area, height and location by 15% or less shall be deemed to be conforming.
SIGNAMRT.DOC 11/30/1998 2
19.30.015 Chapter Application.
The provisions of Chapter 19.30, Staged Compliance Sign Amortization Program, will apply throughout all
use districts in the City of Tukwila with the exception of the Manufacturing /Industrial Center —Light (MIC /L)
District and the Manufacturing/Industrial Center —Heavy (MIC /H) District (as they are established and identified
under Title 18 of the Tukwila Municipal Code).
19.30.020 Removal non conforming off- premises signs.
All non conforming signs which are off 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 18 months after
the date of the adoption of the ordinance. This length of time, known as the compliance period for non conforming
off premises signs, expires on June 30, 2000. Any freestanding sign that becomes non conforming due to a change
in ownership or management of a premises such that the sign no longer meets the definition of an on- premises sign
(under TMC 19.08.140) must be removed within six months of such change in ownership or management.
19.30.030 Removal non conforming on- premises signs.
A. All non conforming signs which 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 three -year
base amortization period. The base amortization period begins on January 1, 1999 and expires on December 31,
2001. 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 non-
conforming 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.
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 three -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, 2001.
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, 2001. 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) which has been removed or brought into compliance.
The percent of reduction figure is then applied to a sliding scale, which establishes the duration of the extended
compliance period, as follows.
PERCENT OF REDUCTION EQUALS:
Total non conforming square footage
reduced per the VSR Agreement,
divided by the total non conforming
square footage before reduction
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
ESTABLISHING THE EXTENDED COMPLIANCE PERIOD
19.30.060 Substitution of signage under VSR agreements.
A 15% bonus for each non conforming
plus freestanding sign removed or made
conforming (if applicable) under the terms
of the VSR
DURATION OF
EXTENDED COMPLIANCE PERIOD
Not eligible for extended compliance period
4.5 years (base amortization 1.5 years)
6 years (base amortization 3 years)
7.5 years (base amortization 4.5 years)
Existing on- premises signage may be substituted with other new or existing signage, so long as the
substitution is part of a total reduction in non conforming signage on the premises. Such substitution must be under
the terms and conditions of an approved VSR Agreement and will require a permit. Substitution permits will be
issued by the Department of Community Development as a Type 2 Decision under TMC 18.104.O10C.
SIGNAMRT.DOC 11/30/1998 3
Substitution permits are subject to the compliance period stated in the applicable VSR Agreement. At the end of the
compliance period, all signs on the premises must be in conformance with the Tukwila Sign Code.
19.30.070 Nuisance.
All non conforming and illegal signs must be brought into conformance within the applicable compliance
period. Any sign which remains illegal or non conforming beyond the expiration date of the applicable compliance
period is hereby declared to be a nuisance and is subject to the terms, conditions and penalties of TMC Chapter
8.45, Enforcement.
19.30.080 Remedies abatement.
The remedies provided herein for failure to comply with the provisions of this chapter, whether civil or
criminal, shall be cumulative and shall be in addition to any other remedies provided by law including legal or
equitable relief to enjoin and /or abate a violation of this chapter. The costs incurred by the City in abating a
violation of this chapter, including reasonable attorneys' fees, shall be borne by the party responsible for maintaining
the violation.
19.30.090 Maintenance and repair.
Nothing in this chapter shall relieve the owner or user of a non conforming sign from the provisions of this
code regarding safety, maintenance and repair of signage.
19.30.100 Reserved.
Section 7. Ordinance 1768 as codified at TMC 18.104.010C is amended to add the review processes for VSR
agreements, as follows:
TMC 18.104.OIOC Type 2 Decisions
Type of Permit
Initial Decision Appeal Body
Maker (open record appeal)
Substitution of
Signage under VSR Community Planning Commission
Agreements Development Director
(TMC 19.30.060)
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its
application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance becomes effective on January 1, 1999.
PASSED BYE CITY COU CI)� Il, OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting
thereof this 3 day of 7� 1998.
ATTEST /AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS 0 1RM:
By
Of ce of the City Attor
FILED WITH THE CITY CLERK: qici /l
PASSED BY THE CITY COUNCIL: /i/ 5
PUBLISHED: /02 7/ 9:
EFFECTIVE DATE: /7 /7 rg 9 y
ORDINANCE NO.:
Johy1IN. Rants, Mayor
SIGNAMRT.DOC 11/30/1998 4
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. a5 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING AND
REPEALING PARTS OF ORDINANCE NO. 1274, AND
AMENDING PARTS OF ORDINANCE NOS. 1768 AND
1792 AS CODIFIED AT TUKWILA MUNICIPAL CODE
TITLE 19, SIGN CODE; CREATING A STAGED
COMPLIANCE SIGN AMORTIZATION PROGRAM;
PROVIDING REMEDIES FOR FAILURE TO COMPLY;
PROVIDING FOR A LANDMARK SIGN EXEMPTION
PROCESS; AMENDING DECISION REVIEW PROCESSES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
On YLoi4e. Z3 /e/gr, the City Council of the City of Tukwila passed
Ordinance No. 7_, to implement Comprehensive Plan policies 8.1.14 and 8.1.15,
calling for an amortization plan and the preservation of signs that are "exceptional and
significant to adopt changes to the Sign Code to improve the visual quality of
Tukwila's business community; to establish a firm date of six months following
adoption of this ordinance to require all illegal signs to be removed; to provide
businesses and property owners with a process to amortize non conforming signs that
is equitable yet flexible by giving property owners up to 7 -1/2 years to bring non-
conforming signs into compliance; 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 /27
Published Seattle Times: /VI 7/9
cLa.-pcx_ e.
Jary Cantu, City Clerk