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HomeMy WebLinkAboutOrd 2004 - Amend Sign Code - Land Use Fee Schedule and Removal of Nonconforming Signs (Repealed by Ord 2303) 2019 §1 2303 2096 �J. y kep. J o TO/ 1908 f it o Tukwila Washington Ordinance No. .4-00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE, SIGN CODE TITLE 19, IN ORDER TO ELIMINATE THE SIGN AMORTIZATION PROGRAM; TO ADOPT STANDARDS FOR THE REMOVAL OF NONCONFORMING SIGNS; AND TO REFERENCE THE NEWLY ADOPTED LAND USE FEE SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City amended its Sign Code (Title 19 TMC) by creating a staged compliance sign amortization program, hereinafter referred to as the amortization program, by Ordinance 1857 in 1998; and WHEREAS, the amortization program established a deadline for nonconforming signs to be brought into compliance with the City's sign standards; and WHEREAS, there has been a judicial decision that local jurisdictions are governed by the Scenic Vistas Act (Chapter 47.42 RCW) that requires monetary compensation for removal of nonconforming signs along primary state highways and interstates; and WHEREAS, this decision has significant financial implications for the administration and cost of the sign amortization program; and WHEREAS, there is an alternate method of amortizing nonconforming signs that is currently in use in the City's Manufacturing Industrial Center; and WHEREAS, the removal of nonconforming signs continues to be a goal of the City; and WHEREAS, the City adopted fees in a separate document to allow easy updates in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1913 §1 (part), as codified at TMC 19.12.050 of the Tukwila Municipal Code, is hereby amended as follows: 19.12.050 Exceptions Permits not required. A. The following shall not require a permit (these exceptions shall not be construed as relieving the owner of any sign from the responsibility of its erection and maintenance and its compliance with the provisions of this code or any other law or ordinance regulating the same): Sign Code- 1 1. The changing of the advertising copy or message on a theater marquee, readerboard, billboard, and similar signs specifically designed for the use of replacement copy. 2. Repainting of an existing sign when there is no other alteration. 3. Temporary signs and decorations customary for special holidays, such as Independence Day and Christmas, erected entirely on private property. 4. Real Estate Signs: a. Real estate signs 16 square feet or less in area offering the immediate premises for sale, lease or rent, except in LDR, MDR and HDR zones where the maximum sign area allowed is six square feet. b. Portable real estate directional signs (such as "A" boards), provided they are used only when the real estate company representative, agent or seller is in attendance at the property for sale. c. Rigid real estate directional signs provided they are used to advertise a property that is currently for sale. 5. Signs not exceeding four square feet in area and advertising acceptance of credit cards, provided these are located on the face of a building or upon another larger sign background area for which a permit has been obtained. 6. One, on- premises sign not electrical or illuminated, four square feet in area or less, which is affixed permanently on a plane parallel to the wall that is located entirely on private property. 7. Traffic signs and/ or markings, for the purpose of regulating, warning, or guiding traffic, whether on public or private property. Such signs and markings shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation, Federal Highway Administration. 8. Bulletin boards not over twelve square feet in area for each public, charitable or religious institution when the same is located on the premises of said institution. 9. Temporary signs denoting the architect, engineer or contractor, when placed upon work under construction and not exceeding 32 square feet in area. 10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze or other non combustible material. 12. A maximum of four internal information signs as defined in TMC 19.08.120 and as regulated by TMC Section 19.22. 13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced) or 64 square feet (if multi- faced); and, if located on private property, must have the consent of the property owner or the lawful occupant thereof. Each political sign shall be removed within 10 days following an election, except that the successful candidates of a primary election may keep their signs on display until 10 days after the Sign Code -2 11. Signs of utilities indicating danger and service or safety information. general election, at which time they shall be promptly removed. Signs of a more general political nature (not related to an election) are not subject to time restrictions. It is unlawful for any person to paste, paint, affix or fasten onto the surface of any utility pole, bridge, sidewalk, or City -owned or operated vehicle, or any public facility of any kind any such sign, poster, bill or advertising device when such facilities are located on public property or within public easements. 14. Window signs which are of a temporary nature for commercial businesses and which occupy less than 25% of the window surface. Signs on or in the window which occupy more than 25% of the window surface are permanent and will be considered part of the overall signing permitted for the business. Such permanent window signs shall require permits. 15. Signs of community service and fraternal organizations, including notation of place and date of regular activity meetings. 16. Temporary signs displayed on City of Tukwila parks property. Said signage must be pre- approved by the Director of the Tukwila Parks Department prior to display. B. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this Title, as enumerated in Section 19.04.020. Section 2. Ordinance 1913 §1 (part), as codified at 19.12.070 of the Tukwila Municipal Code, is hereby amended as follows: 19.12.070 Fees Permanent signs. An application fee shall be paid at the time of application for a permit to erect or install a sign or device controlled by this code. The fee shall be per the Land Use Fee Schedule most recently adopted by the City Council. This fee does not include the costs of engineering checks nor of electrical or other inspections required by other appropriate agencies. Section 3. Ordinance 1913 §1 (part), as codified at 19.12.080 of the Tukwila Municipal Code, is hereby amended as follows: 19.12.080 Fees Temporary signs. An application fee shall be paid at the time of application for a permit to erect or install temporary signs, banners, streamers, and other special permit signs as provided in TMC Chapter 19.24. The fee shall be per the Land Use Fee Schedule most recently adopted by the City Council. Section 4. Ordinance 1913 §1 (part), as codified at 19.12.090 of the Tukwila Municipal Code, is hereby amended as follows: 19.12.090 Fees Work started prior to permit issuance. Where work for which a permit is required by this code is started prior to obtaining a permit, the fees specified in the Land Use Fee Schedule shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Section 5. Ordinance 1274 §1 (part), as codified at 19.22.010 of the Tukwila Municipal Code, is hereby amended as follows: 19.22.010 Permit requirements Conformance. A maximum of four internal informational signs, as defined in TMC 19.08.120, shall be exempt from the permit requirements of this code. However, all such signs must conform to the design and placement regulations contained in this chapter. Placement of five or more internal information signs of identical size and appearance shall require a permit approved by Sign Code -3 the Planning Commission and payment of a single permanent sign permit application fee as referenced in TMC 19.12.070. Section 6. Ordinance 1857 §5 (part), and Ordinance 1274 §1 (part), as codified at 19.28.030 of the Tukwila Municipal Code, are hereby deleted. Section 7. Ordinance 1857 §5 (part), and Ordinance 1274 §1 (part), as codified at 19.28.040 of the Tukwila Municipal Code, are hereby deleted. Section 8. Ordinance 1857 §6 (part), as codified at 19.30.010 of the Tukwila Municipal Code, is hereby amended as follows: 19.30.010 General. The purpose of this chapter is to establish limits on the continuation of and requirements for the removal of nonconforming signs. Subject to the remaining restrictions of this chapter, nonconforming signs that were otherwise lawful on the effective date of this Code or lawful at the time of their installation may be continued until their removal is required. Section 9. Ordinance 1857 §6 (part), as codified at 19.30.015 of the Tukwila Municipal Code, is hereby deleted. Section 10. Ordinance 1857 §6 (part), as codified at 19.30.020 of the Tukwila Municipal Code, is hereby deleted. Section 11. Ordinance 1982 §1 and Ordinance 1857 §6 (part), as codified at 19.30.030 of the Tukwila Municipal Code, are hereby amended as follows: 19.30.030 Definition and removal of non conforming signs. A. All signs that do not conform to the specific standards of this Code may be considered legally nonconforming if the sign was erected in conformance with a valid permit and complied with all applicable laws at the time of the sign's installation. B. Application for and issuance of a sign permit that complies with this Code is required: 1. For relocation, re- erection, alteration, replacement or change in any way to a legal nonconforming sign the structure or sign panel /face /copy; or 2. Repair of a legal nonconforming sign that suffers more than 50% damage or deterioration, which is based upon an appraisal. 3. Any legally nonconforming wall sign that exists as of January 1, 1999 and that exceeds sign code standards as to sign area by 15% or less shall be deemed to be conforming. Any legally nonconforming freestanding sign that exists as of January 1, 1999 and that exceeds sign code standards as to sign area, height and location by 15% or less shall be deemed to be conforming. C. Modifications not requiring a permit are provided in the section "Exceptions Permits not required." (TMC 19.12.050.A.1 and 19.12.050.A.2) and shall not be considered alteration of a non conforming sign. Section 12. Ordinance 1982 §2 and Ordinance 1857 §6 (part), as codified at 19.30.040 of the Tukwila Municipal Code, are hereby deleted. Section 13. Ordinance 1982 §3 and Ordinance 1857 §6 (part), as codified at 19.30.050 of the Tukwila Municipal Code, are hereby deleted. Sign Code -4 Section 14. Ordinance 1857 §6 (part), as codified at 19.30.060 of the Tukwila Municipal Code, are hereby deleted. Section 15. Ordinance 1857 §6 (part), as codified at 19.30.070 of the Tukwila Municipal Code, is hereby deleted. Section 16. Ordinance 1964 §1 and Ordinance 1857 §6 (part), as codified at 19.30.075 of the Tukwila Municipal Code, is hereby deleted. Section 17. Ordinance 1857 §6 (part), as codified at 19.30.090 of the Tukwila Municipal Code, is hereby amended as follows: 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. However, a permit issued in conformance with this Code is required if repairs are needed for a nonconforming sign that has suffered more than 50% damage or deterioration, which is based upon an appraisal. Section 18. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other persons or circumstances. Section 19. Effective Date. This ordinance or a summary thereof shall be published in the official ewspaper of the City and shall take effect and be in full force and effect on 111,17 2002. PASSED BY THE CITY COUNT OF THE T OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this ATTEST/AUTHENTICATED: e. ne E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the y Attorney Sign Code -5 day of 2002. Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: /j- -7_ L' Ordinance Number: 01-009 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE, SIGN CODE TITLE 19, IN ORDER TO ELIMINATE THE SIGN AMORTIZATION PROGRAM; TO ADOPT STANDARDS FOR THE REMOVAL OF NONCONFORMING SIGNS; AND TO REFERENCE THE NEWLY ADOPTED LAND USE FEE SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On November 18, 2002, the City Council of the City of Tukwila passed Ordinance No.2004, eliminating the Sign Amortization Program; adopting standards for compliance of nonconforming signs 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 November 18, 2002. �rl p C n •L[7 r E. Cantu, CMC, City Clerk Published Seattle Times: November 22, 2002