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HomeMy WebLinkAboutOrd 2180 - Moratorium for Sign, Development and Electrical Permits (Repealed by Ord 2208) Repealed by 2208 rsoa C ity of u la Washington Ordinance No. 2180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX -MONTH PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, on June 4, 2007, the City Council passed Ordinance 2165 which established a six -month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; and WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting findings of fact to justify the moratorium established by Ordinance 2165; 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 may result from these types of signs; and WHEREAS, at a joint meeting held on October 25, 2007, the City Council and Planning Commission were updated by City staff regarding various sign code issues, and the Council believes that additional time is needed to complete the steps necessary for updating the City's sign code; 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, on November 19, 2007, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the continuation of the moratorium on the filing of permits related to animated, electronic, and holographic signs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above and those adopted by Ordinance 2170 are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Macintosh HD:Users:stacia:Desktop:Sign Moratorium Renewal.doc BM:ksn 11/15/2007 Page 1 of 2 Section 2. Moratorium Renewed. As established by Ordinance 2165, the moratorium is hereby renewed 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 3. Term of Moratorium. The moratorium established by Ordinance 2165 and renewed herein shall take effect as set forth in Section 6 below, and shall continue in effect for six months thereafter unless repealed, modified or renewed by the City Council after a public hearing and entry of findings of fact. Section 4. Work Plan. The City is pursuing the preparation of the updated Tukwila Sign Code, using the additional time to address and analyze various issues regarding signage. Section 5. 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 6. 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 days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TU WILA, WASHINGTON, at a Regular Meeting thereof this 19TH DAY OF NOVEMBER, 2007. ATTEST /AUTHENTICATED: JANE E. Cantu, C 1C, City Clerk APPRO S O f IRM BY: Offic(bf the y Attbrney Macintosh HD:Users:stacia:Desktop:Sign Moratorium Renewal.doc BM:ksn 11/15/2007 Steven M. Mullet, Mayor Filed with the City Clerk: 1 LJ -0-1 Passed by the City Council: J )_1c1- 9 Published: /1- A f 0 Effective Date: 1/- 2 L, 0 7 Ordinance Number: Page 2 of 2 SUMMARY OF ORDINANCE No. 2180 City of Tukwila, Washington On November 19, 2007, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2180, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX -MONTH PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; 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 November 19, 2007. E. Cantu, CMC, City Clerk Published Seattle Times: November 21, 2007