ORD 98-53 BANNERS & FLAGS OVER WITHIN RIGHTS-OF-WAYORDINANCE NO. 98-53
AN ORDINANCE of the City of Bainbridge Island,
Washington, amending Chapter 15.08 the Bainbfidge Island
Municipal Code to correct inconsistencies, comply with the
Mixed Use Town Center Design Guidelines and to make
provisions for civic banners and/or flags over or within
rights-of-way.
WHEREAS, the City adopted provisions to regulate signs within the jurisdiction of
the City of Bainbridge Island, Washington, and
WHEREAS, the City Council wishes to revise the Sign Code to be more in keeping
with the character and policies of the City;
NOW, THEREFORE, TH'E CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN, as follows:
Section 1. Section 15.08.020 of the Bainbridge Island Municipal Code is amended as
follows:
A. "Agricultural products sign" means a sign advertising seasonal produce.
B. "Alteration" means any change of a sign, other than changeable copy as defined in this
section.
C. "Awning and marquee sign" means a sign attached to a shelter, which shelter is
supported by posts or the exterior wall of a building or any combination thereof.
D. "Banner" means a sign of flexible material designed to be displayed between two
supports or against another surface.
E. "Banneret" means a small banner that is hun.~ vertically from a freestandin~ support, ie:
curbside bannerets on li.~ht standards and bannerets in public squares.
F. ~. "Bulletin board" means a surface designed for the affixing of temporary handbills,
notices, posters or other similar items.
G. F. "Changeable copy" means but is not limited to that portion of sign copy consisting of
individual interchangeable letters and numbers which may be rearranged to spell new
words and to form new numbers on the sign face, without reworking, repainting, or
otherwise altering the physical composition of the sign, for the primary objective of
displaying frequently changing copy.
I-I,G:. "Construction sign" means a temporary sign erected for the purpose of announcing
future building plans and identifying the owner, architect, engineer, building contractor
and/or other persons responsible for the development of the site.
I. t4:. "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.
J. b. "Director" means the city's director of planning and community development.
K. ~. "Election sign" means a sign erected for the purpose of announcing election issues
and/or the name, political party, and position of any candidate or candidates running for
public office.
L. K=. "Erect" means to build, construct, raise, assemble, create, alter, display, relocate,
attach, hang, place, suspend, affix, paint, draw, engrave, carve, cast, or in any other way
bring into being or establish, other than to replace changeable copy and other than in the
course of normal sign maintenance as described in this chapter.
M.L. "Facade sign" means any sign which is erected (including painted) on the wall of a
building or other structure, whose face is generally parallel to that wall or other structure
and whose face does not extend outward more than 12 inches in a direction perpendicular
to that wall or other structure.
N. M. "Facade" means the face of a building.
N. "Freestanding sign" means a sign supported by one or more uprights, poles or braces in
or on the ground, and not supported by a building.
P. O. "Grade" see BIMC 18.06.430
Q. t~. "Neon sign" means a sign illuminated in whole or part by gaseous tubes electrified
by a current.
R. "Primary entrance" means the principal or main entrance of a buildin~ or structure
which is used by the majority of patrons to access the building or structure.
S.I). "Projecting sign" means a sign which is attached to or supported by a wall or
overhang of a building or other structure, other than an awning or marquee, and which
extends beyond the wall surface more than 12 inches in any direction.
T. t~. "Public right-of-way sign" means a sign in the public right-of-way.
U. S. "Repair" means the reconstruction or renewal of any part of an existing sign for the
purpose of its maintenance.
V.zF-:. "Sandwich board sign" means a sign which consists of two panels hinged or attached
at the top or side, designed to be movable and stand on the ground.
W. ~ "Sign" means any letter, figure, design, symbol, trademark or other device which is
intended to attract attention to any activity, service, place, political office, subject, firm,
corporation or merchandise, except traffic signs or signals, public or court notices, signs
not visible from the public right-of-way or adjacent properties, signs on moving vehicles,
newspapers, leaflets or other printed materials intended for individual use or individual
distribution to members of the public, government flags, flags and buntings exhibited to
commemorate national patriotic holidays, and tcmporary banners announcing charitablc or
civic cvcnts.
X. V-: "Sign area" means the entire background of all faces of a sign upon which
information of any kind can be displayed.
Y. W. "Street frontage" means that portion of any lot or building facing a street or
sidewalk and with direct access to that street or sidewalk.
Z. i~. "Two-sided" means a sign where only one face is visible from any viewing position.
AA. Y. "Window sign" means a sign placed inside a building within 15 feet of the window
or on a window. This term does not include merchandise.
Section 2.
follows:
Section 15.080.030 of the Bainbridge Island Municipal Code is amended as
The following signs shall not require a permit:
A. Signs erected or posted and maintained for public safety and welfare or pursuant to
any law or regulation;
B. Bulletin boards, either one or two sided, with no face exceeding 20 square feet in
display area, associated with any church, museum, library, school, or similar use;
provided, that the top of such signs shall be less than eight feet high and such signs shall
meet all other provisions of this chapter;
C. Directional signs solely indicating ingress or egress, the display area not exceeding
three square feet;
D. Signs relating to trespassing and hunting, not exceeding two square feet of area;
E. Signs displaying address numbers only, not exceeding two square feet of area;
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;
G. Any window sign four square feet or less in size; provided, that no single sign or
combination of signs shall exceed 25 percent of an individual window area;
H. Agricultural products signs advertising products grown on or produced at the subject
property. The signs shall be allowed at each street frontage, and shall be temporary,
erected for a period not exceeding 10 days prior to the availability of the products for
sale, and removed when the products are no longer available for purchase. The maximum
sign area shall not exceed 10 square feet for each face of a single or two faced sign;
I. Single signs, not exceeding 24 square feet in area, mounted at a height not exceeding
20 feet above grade, displaying the name of a farm; The farm shall meet the standards as
defined in Section 16.02.020;
J. Banners, not exceeding 30 square feet in area, displayed by a non-profit or civic
organization. The banners and flags are not required to be displayed on the premises of
the organization; and may be displayed for a maximum of two periods not exceeding 14
days total within any calendar year;
K. Bannerets, not exceeding 12 square feet in area, displayed by a City Council-
designated civic organization. Bannerets shall not advertise or promote any individual
business or the sale of any product or commodity, and shall only be erected on City
approved standards and in approved locations within the Mixed Use Town Center zone.
The City Council-may delegate the authority to manage and coordinate the erection and
removal ofbannerets to a civic organization.
L. Construction signs, not exceeding one per construction site, and not exceeding 12
square feet in area, when erected in connection with a building permit. The sign shall be
removed within 30 days of the occupancy of the structure. Public works projects are
authorized to install signs at the ends of a project which shall not exceed 32 square feet in
area;
M. For sale/rent or lease signs on the property being sold, rented or leased. One sign, not
exceeding six square feet in area, shall be allowed on each street frontage;
N. Election signs, provided, that there shall be no election signs in public rights-of-way;
O. Signs, intended to be temporary, either the same sign or different sign, may be
displayed for a maximum of two periods not exceeding 14 days total within any calendar
year. Signs must conform to size and location limitations of this chapter;
P. Public right-of-way signs shall conform to the current manual on Uniform Traffic
Control Devices (MUTCD), as modified, and in developments, shall be installed by and at
the applicant's expense.
Section 3. Section 15.080.040 of the Bainbridge Island Municipal Code is amended as
follows:
The following signs are prohibited:
A. Billboards, streamers, pennants, ribbons, spinners or other similar devices.
B. Flashing signs, roof signs, signs containing moving parts or appearing to move, and
signs which sparkle or twinkle in the sunlight.
C. Signs advertising or identifying a business or organization which is defunct.
D. Signs, except for traffic, regulatory, or informational signs, using the words "stop",
"caution," or "danger," or incorporating red, amber, or green lights resembling traffic
signals, or resembling "stop" or "yield" signs in shape or color.
E. Signs advertising a business or organization not located on the parcel containing the
business or organization except signs erected by the State of Washington.
F. Signs erected within the public rights-of-way, access corridors or easements, except the
foliowin,~: si,~ns erected by the city or state; and those signs projecting/han~ing over the
public sidewalk, erected in compliance with the Mixed Use Town Center Design
Guidelines. located in thc public rights of way, acccss corridors or cascmcnts.
G. Signs with content or subject matter that constitutes obscenity as defined by law.
H. Portable reader boards and signs mounted on stationary, unlicensed vehicles.
I. Illuminated features, on the exterior of a building that call attention to the building or
product sold within the building.
J. Any window sign(s) exceeding four square feet in area or exceeding 25 percent of an
individual window area.
K, Neon facade signs except as permitted in 15.08.080(C)(6).
L. On-premise signs in the Natural, Conservancy, Aquatic Conservancy and Aquatic
shoreline environments, except for navigation aids and public information.
M. Signs placed on trees or other natural features.
Section 4. Section 15.080.080 of the Bainbridge Island Municipal Code is amended as
follows:
A. Signs which refer to a permitted use or an approved conditional use as set forth in the
zoning ordinance and which are permitted under this chapter conform to this chapter.
B. Signs Within the Shoreline Master Program Jurisdiction.
1. Sign permits shall be submitted for review and approval at the time of shoreline permit
submittal.
2. All signs shall be located and designed to minimize interference with vistas, viewpoints,
and visual access to the shoreline.
3. Over-water signs, or signs on floats or pilings, shall be related to water-dependent uses
only.
4. Signs which impair visual access in view corridors are prohibited.
5. Signs indicating the public's right of access to shoreline areas shall be installed and
maintained in conspicuous locations at all points of access. Signs shall also indicate all
limitations on use of such areas including use of fire, alcohol, jet skis, and other
recreational equipment, as well as requirements regarding pets.
C. Illumination Standards.
1. Signs, except for facade and awning signs, shall only be illuminated externally by light
sources shielded so that the lamp is not visible from adjacent properties, the public right-
of-way or watercourses.
2. Lights illuminating a sign shall project illumination toward the face of the sign.
3. Signs shall not flash, rotate, or have motorized parts or exposed electrical wires.
4. Signs shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless the
premises on which they are located is open for business.
5. Up to three neon signs are allowed in commercial zones for each business; provided,
that they do not exceed four square feet for any individual sign. Total signage of all types
shall not exceed 25 percent of an individual window area. For each retail business that has
window area in excess of 100 square feet, an additional four square feet of neon sign area
is allowed Neon signs are allowed only on properties zoned for commercial uses, shall not
be visible from the shoreline, and shall not flash.
6. Facade signs for theaters, including film or performing arts buildings, may be internally
illuminated and may include external unshielded lights and/or neon. The maximum total
sign area for all faces combined shall be 64 square feet.
7. Facade signs may be internally illuminated if:
a. The background does not emit light;
b. The background constitutes a minimum of 80 percent of the sign area; and
c. The illumination source is shielded.
D. Placement Standards.
1. No person shall affix a sign to a utility pole or a living tree or shrub.
2. Signs, including temporary banners, shall not be mounted on roofs, extend above the
roof line, or be located more than 20 feet above the grade except for retail businesses with
a second-floor exterior entrance.
3. Signs projecting from a building shall not cxtcnd into a public right of way or be less
than eight feet above grade, unless permitted by the city through an administrative
variance procedure.
4. Freestanding signs shall not exceed five feet in height except in the LM zone. In the LM
zone, freestanding signs shall not exceed eight feet in height. Support structures
(providing that they are not signs) for freestanding signs may extend one foot higher than
the height limit for freestanding signs.
E. Safety Standards. No person may erect a sign that:
1. Is structurally or electrically unsafe;
2. Constitutes a hazard, by design or placement, to public safety and health; or
3. Obstructs free entrance or exit from a door or window that is required to be in place by
this code or the city.
F. Freestanding signs shall be located within a landscaped area that is twice the area of the
sign area, and the plantings or the landscaped area shall be located so as to shield
illumination sources.
Section 5.
follows:
Section 15.080.090 of the Bainbridge Island Municipal Code is amended as
In addition to the general regulations of this chapter, the following regulations shall apply
to all commercial use signs.
A. Facade Signs.
1. The total a~gre~ate area of all facade signs on each wall shall not exceed 128 square
feet.
~ 2. Buildings may have one facade sign with a maximum area of 36 square feet for each
tenant. If the building has street frontage on two or more streets, has access from an alley
or parking area to the side or behind the building, or has retail uses on a second floor, a
facade sign for each tenant is allowed~ provided, that no additional sign shall exceed 20
square feet in area, face the same street, alley or parking area or be on the same floor as
another facade sign.
2. The total aggregate area of all facade signs on each wall shall not cxceed t 28 square
3. Facade signs shall be located less than 20 feet above grade except for retail businesses
with a second-floor exterior entrance.
4. A single directory, combining the name of the commercial complex and the individual
names of businesses located within, is allowed provided no other facade sign on the
building shall exceed 20 square feet in area except for retail businesses with a second-floor
exterior entrance may have a facade si.~n up to 36 square feet. The maximum sign area for
this directory is 48 square feet.
5. A single facade si.~n for a commercial complex is allowed at the primary entrance
instead of a directory, provided no other facade si.~n for building tenants shall exceed 20
square feet in area except for retail businesses with a second floor exterior entrance may
have a facade sign up to 36 square feet. The maximum area for this commercial complex
sign is 36 square feet.
~ 6_There may be up to three facade sign(s) per tenant in the High School Road
Commercial Zone located more than 200 feet from the edge of any public right-of-way.
No additional sign shall exceed 20 square feet in area, face the same street, alley or
parking area or be on the same floor as another facade sign
B. Freestanding signs.
1. No more than one freestanding sign shall be allowed per tenant. The sign shall not
exceed 20 square-feet on any single face or 40 square feet on two faces. No more than
two freestanding signs, regardless of the number of tenants, shall be allowed on any
property.
2. A freestanding identification sign, combining thc namc of thc for a commercial complex~
with or without and the individual names of businesses located therein, with a maximum
sign area of 40 square feet on any single face and a total surface area of 60 square feet if
two sided, may be erected facing each street frontage. No individual tenant freestanding
signs may be erected on such a property that contains this freestanding identification
sign.
3. In the LM Zone, freestanding identification signs may be located on adjacent LM
zoned properties if the signs contain directional information to assist in locating the
businesses listed and permission is obtained from the owner of the property where the
sign is located. The maximum sign area shall be 36 square feet. The sign shall not be
counted toward the maximum number of freestanding signs allowed
C. An awning or marquee sign, not exceeding 20 square feet in area per commercial
tenant, is allowed instead of a facade sign. The lowest point of the awning or marquee is
at least 8 feet above the sidewalk, and the awning shall have a dark background if
illuminated from behind.
D. Projecting Signs.
1. A business may have one projecting sign, located at least eight feet above grade, with
a maximum area of two square feet for each side.
2. Signs for theaters, including film or performing arts buildings, shall not exceed 80
square feet on a single face and 140 square feet on multiple faces and shall be located at
least 100 feet from any property zoned single-family.
E. Sandwich Board Signs. One non-illuminated sandwich board sign, with each face not
exceeding six square feet in area, shall be allowed per business. The sign shall be a
minimum of 30 inches high and a maximum of 48 inches high.
Section 6. 15.08.100 Institutional or public use signs.
In addition to the general regulations of this chapter, public institutions or public entities:
A. May have a single sign, either facade mounted or a freestanding identification sign,
visible from each street frontage; and
B. May have one additional freestanding identification sign at the principal entrance not
to exceed a maximum height of 6 feet. The maximum sign area of any face shall be no
greater than 40 square feet. (Ord. 96-32 1,1996; Ord. 93-01 1, 1993)
C. Civic organizations may erect temporary banner signs, not addressed in 15.08.030,
that are not smaller than 90 square feet and no larger than 160 square feet. Banners may
be displayed for a maximum of 6 periods not to exceed a total of 84 days within any
calendar year. These signs shall not advertise or promote any individual business or the
sale of any product or commodity and are only allowed to be erected upon City approved
support standards at City designated locations on Winslow Way and Olympic Drive. The
City Council may delegate the authority to manage and coordinate the erection and
removal of banners to a civic organization.
Section 7. 15.08.050 Nonconforming signs.
A. A nonconforming sign lawfully existing prior to July 26, 1993, shall become
conforming no later than July 26, 2003.
Section 8. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 4th day of February, 1999.
APPROVED by the Mayor this 5th day of February, 1999.
ATTES T/AUTHENTI C ATE:
DV~IGHT Ma3,or
~KASPER, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NUMBER:
February 4, 1999
February 10, 1999
February 15, 1999
98-53