HomeMy WebLinkAboutOrd 2165 - Moratorium on Sign, Development and Electrical Permits (Repealed by Ord 2208)Repealed by 2208
City of Tukwila
Washington
Ordinance No. �;o b6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; ESTABLISHING A SIX -MONTH MORATORIUM ON
THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS
FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY
OF TUKWILA, PROVIDING FOR SEVERABILITY, DECLARING AN
EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the
City of Tukwila; and
WHEREAS, as part of the City's 2007 budget process the Department of
Community Development identified the need to update Title 19, and $45,000 was
earmarked for that purpose; and
WHEREAS, as part of the update to Title 19, the City will study and amend its
current regulations of electronic signs, animated signs, holographic displays and
scoreboards, and study the traffic and safety concerns that these types of signs may
have; and
WHEREAS, the City has received and will continue to receive applications for
signs that may conflict with the City's update to Title 19 and may pose a potential threat
to public safety; and
WHEREAS, the City desires to limit the number of signs that may be rendered
nonconforming by an update to Title 19, thereby avoiding the need for a staged
amortization program for the removal of such signs, which could pose a financial
burden to business owners, property owners and the City; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the
City may adopt a moratorium for a period of up to six months, providing it holds a
public hearing on that moratorium within 60 days after its adoption; and
WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a
majority plus one of the Council deem the ordinance necessary for the protection of public
health, public safety, public property or the public peace; and
WHEREAS, without an immediate effective date, applications for sign permits could
continue to be received by the City, which could establish vested rights that are
inconsistent with the City's update to Title 19 and present legal challenges to the City's
sign regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by
reference as the City Council's Findings of Fact, as if fully set forth herein.
Section 2. Purpose. The purpose of this moratorium is to allow the City adequate
time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code.
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Section 3. Moratorium Imposed. A moratorium is hereby established on the filing
of sign, development and electrical permits for the erection, re- erection, construction, or
alteration of any sign which would be classified as an "Electronic Sign' as defined
under TMC 19.08.055; any sign which would be classified as an "Animated Sign" as
defined under TMC 19.08.030; any sign which displays a "Holographic Display" as
defined under TMC 19.08.105; and any sign considered a "Scoreboard" under TMC
19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of
an existing sign, provided the maintenance is consistent with the limitations specified in
TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged
Compliance Sign Amortization Program." This moratorium shall not apply to any sign
permit that was vested prior to the moratorium's enactment.
Section 4. Effective Period of Moratorium. The moratorium established by this
ordinance shall be effective as set forth in Section 7 below, and shall continue in effect
for six months thereafter unless repealed, renewed or modified by the City Council
after subsequent public hearing and entry of findings of fact.
Section 5. Public Hearing to be Held. A public hearing on the issues of the
moratorium shall be held not later than 60 days after the date of adoption of this
ordinance.
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. Emergency Declared Effective Date. The Tukwila City Council hereby
declares an emergency, necessary for the protection of the public health, public safety,
public property and public peace. This public emergency ordinance shall take effect and
be in full force immediately upon adoption. Pursuant to Matson v. Clark County Board of
Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to
support this emergency declaration are included in the "Whereas" clauses above, all of
which are adopted by reference as Findings of Fact as if fully set forth herein.
PASSED BY THE CITY COUNCIL THE CITY OF TYKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
1�
ATTEST/ AUTHENTICATED:
Jar E. Cantu, C C, City Clerk
sv_to, ff'\ LI-W
Steven M. Mullet, Mayor
Filed with the City Clerk: .h 'J
APPROVED FO M BY:
Off' e e C ney
Passed by the City Council: K1 q L
Published: 6
Effective Date:
Ordinance Number:
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On June 4, 2007, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2165, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington;
establishing a six -month moratorium on the filing of sign, development, and electrical
permits for certain types of electronic signage within the City of Tukwila; providing for
severability; declaring an emergency and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting on June 4, 2007.
an E. Cantu `CMC Cit Clerk
Cantu, Y
Published Seattle Times: June 7, 2007
SUMMARY OF ORDINANCE
No. 2165
City of Tukwila, Washington