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ORD 95-14 SIGN CODEORDINANCE NO. 95-/4 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the City's sign code; amending sections 15.08.020H, 15.08.030F and 15.08. 140 of the Bainbfidge Island Municipal Code. WHEREAS, BIMC 15.08.030 exempts culturally, historically, or architecturally significant signs from the permitting requirements of Chapter 15.08 BIMC; and WHEREAS, under certain circumstances, alterations to culturally, historically or architecturally significant signs should also be exempt from the requirements of Chapter 15.08 BIMC; and WHEREAS, architecturally, culturally and historically significant signs should include signs that serve a significant community function; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Paragraph H of Section 15.08.020 is amended as follows: "Culturally, historically, or architecturally significant sign" means a sign with unique local characteristics and/or that serves a significant community function which may not fit other defined categories. Section 2. Paragraph F of section 15.08.030 of the Bainbridge Island Municipal Code is amended to read as follows: F, Culturally, historically, or architecturally significant signs, existing at the time of passage of this chapter and officially recognized by the City. Designation of culturally, historically or architecturally significant signs will be adopted by separate resolution; Section 3. Section 15.08.140 of the Bainbridge Island Municipal Code is amended as follows: 15.08. 140 Sign variance. A. A variance is the mechanism by which the city may grant relief from the provisions of this chapter where practical difficulty renders compliance with the provisions of this chapter an unnecessary hardship and where the hardship is a result of the physical characteristics of the subject property. B. The variance procedures shall be administrative and determined by the director. C. Notwithstanding the provisions of section 15.08.050. proposed alterations to culturally, historically. or architecturally significant signs designated as exempt under section 15.08.030F which would result in the sign not conforming with the provisions of this chapter shall be reviewed under the administrative variance procedures. In order for the variance for the alteration to be approved. the proposed alteration must meet the following criteria: 1_.. The alteration must not increase the sign's non-conformance with this chapter. 2._,. The applicant must clearly demonstrate that the sign serves a significant community function: and 3_=. Physical characteristics of the subject property difficulties must render compliance with the provisions unnecessary hardship. or other practical of this chapter an Section 4. Effective Date. This ordinance shall take effect five days from and after its passage, approval, and publication as required by law. PASSED by the City Council this 6th day of Apr~ '1 APPROVED by the Mayor this 7th day of April c,7'\ iCD.-' d Mayor Janet K. West ATTEST/AUTHENTICATE: City Clerk ,1995. ,1995. APPROVED AS TO FORM: City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 4-12-95 /4-6-95 EFFECTIVE DATE: 4-17-95 ORDINANCE NO.: ci ~-/,-/ OPTIONS: 1. Adopt the Resolution designating specific signs as culturally, historically, and architecturally significant and adopt the ordinance amending the definition, variance and exemption sections of BIMC 15.08, the Sign Code. 2. Ask the Land Use Committee to consider additional changes to the resolution and/or the Ordinance. RECOMMENDED MOTION: 1. Move to adopt Resolution 95 - designating certain signs on Balnbridge Island as culturally, historically or architecturally significant. 2. Move to adopt Ordinance 95- amending sections 15.08.020.H, 15.08.030.F., and 15.08.140 of the Bainbridge Island Municipal Code relating to the definition of culturally, historically or architecturally significant signs; sign not requiring a permit; and sign variances. DATE: TO: FROM: SUBJECT: March 22, 1995 MAYOR WEST AND COUNCILMEMBERS STEPHANIE WARREN, DIRECTOR PLANNING AND COMMUNITy DEVELOPMENT ORDINANCE AND RESOLUTION RELATING TO CHANGES IN THE SIGN CODE FOR CULTURALLy, HISTORICALLy AND ARCHITECTURALLy SIGNIFICANT SIGNS BACKGROUND: BIMC Section 15.08.030 F. the Sign Code ,adopted in September, 1993, directed the City to adopt criteria and procedures for designating culturally, historically or architecturally significant signs by separate resolution. In developing this resolution, the Land Use Committee ( LUC ), after reviewing other sign ordinances most of which deal primarily with historic signs and looking at signs throughout the Is and, determined that it would extremely difficult to develop criteria for the variety of signs on Bainbridge Island that might be considered culturally, historically or architecturally significant. Since there were not a large number of signs that should be considered for designation, they decided to just list the signs in a resolution. This approach required an amendment to BIMC 15.08.030 to remove the references to procedures and criteria. The LUC also recognized that ahnost all of the signs being designated as historically, culturally or architecturally significant also served a significant community function and wanted to recognize that. Therefore, the definition of culturally, historically, or architecturally significant sign ( BIMC 15.08.020 H.) has been changed to add the concept of significant community function. Finally, the LUC realized that it might be necessary to repair or alter these signs occasionally to meet changing needs and/or to improve function and safety and many of these signs are non- conforming. Therefore, they recommended adding a provision to the variance section ( BIMC 15.08.140 ) of the ordinance which would allow these signs to be modified provided the change does not increase their non-conformance.