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ORD 96-32 SIGN PROVISIONSORDINANCE NUMBER 96-32 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, PERTAINING TO THE CITY'S SIGN PROVISIONS AND AMENDING SECTIONS 15.08.040, 15.08.080.B AND 15.08.090 A. OF THE BAINBRIDGE ISLAND MUNICIPAL CODE. WHEREAS, the City Council wanted to revise the Sign Code to be more in keeping with the character and policies of the City; and WHEREAS, the Land Use Committee of the City Council worked with the affected members of the community in preparing these amendments to the Sign code; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 15.08 is hereby amended to read as follows: Sign Code for the City of Bainbridge Island 15.08.010 15.08.020 15.08.030 15.08.040 15.08.050 15.08.060 15.08.070 15.08.080 15.08.090 15.08.100 15.08.110 15.08.120 15.08.130 15.08.140 15.08.150 Purpose Definitions Signs not Requiring a Permit Prohibited Signs Non-Conforming Signs Measurement of Sign Area Height of Sign General Regulations Commercial Use Signs institutional or Public Use Signs Residential Use Signs Permits Required Permit Fees Sign Variance Enforcement and Penalties 15.08.010 Purpose The purpose of this chapter is as follows: A. To promote and protect the public welfare, health and safety. To encourage the installation of signs which harmonize with building design, natural settings and other geographical characteristics of the locations in which they are erected. C. To create a more attractive economic and business climate. D. To reduce distractions and obstructions from signs which would adversely affect traffic safety and reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way. 15.08.020 Definitions 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. "Bulletin Board" means a surface designed for the affixing of temporary handbills, notices, posters or other similar items. "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. 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. H. "Cultural, historical or architecturally significant sign" means a sign with unique local characteristics which may not fit other defined categories. I. "Director" means the city's director of planning and community development. "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. 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. "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. M. "Facade" means the wall of a building or other structure whose face is generally parallel to that wall or other structure. 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. O. "Grade" - see BIMC 18.06.430 P. "Mullion" means a strip that separates the panes of a window. Q. "Neon sign" means a sign illuminated in whole or part by gaseous tubes electrified by a current. "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. S. "Repair" means the reconstruction or renewal of any part of an existing sign for the purpose of its maintenance. T. "Sandwich board sign" means a sign which consists of two panels hinged or attached at the top or side, designed to be moveable and stand on the ground. U. "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 fight-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 temporary banners announcing charitable or civic events. V. "Sign area" means the entire background of all faces of a sign upon which information of any kind can be displayed. 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. X. "Two-sided" means a sign where only one face is visible from any viewing position. Y. "Window Area" means the area of glass enclosed by a continuous frame where mullions are not considered part of the frame. Z, "Window sign" means a sign placed inside a building within 15 feet of the window or on a window and visible from the outside. This term does not include merchandise. 15.08.030 Signs not requiring a permit 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 twenty 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 t~et; 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. 4 F. Culturally, historically or architecturally significant signs, existing at the time of passage of this ordinance and officially recognized by the City. Criteria and procedures for designating culturally, historically or architecturally significant signs will be adopted by separate resolution. G. Any window sign 4 square feet or less in size, provided that no single sign or combination of signs shall exceed 25 % 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 ten 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 ten square feet for each face of a single or two faced sign. 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 or interpreting historical or archaeological features. The farm shall meet the standards as defined in section 16.20.020. Banners, not exceeding 30 square feet in area, displayed by a non-profit organization and conforming to the size and location limitations of this chapter. The banners 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. Signs, not exceeding two square feet, displaying a name and/or street number associated with a dwelling. 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. 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. 15.08.040 Prohibited Signs 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, except those erected by the City, located in the public rights-of-way, access corridors or easements. 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 t~atures, 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% 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. 15.08.050 Nonconforming Signs A. A nonconforming sign, lawfully existing prior to July 26, 1993, may continue unchanged. A nonconforming sign cannot be enlarged, reworded, redesigned or altered in any way except to conform to this chapter. If the cost to repair a nonconforming sign exceeds 50 percent of its replacement cost, the sign shall not be repaired except to conform to this chapter. C. A sign replacing a nonconforming sign shall conform to this chapter. 15.08.060 Measurement of Sign Area A. Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the sign surface. For freestanding signs, support structures (providing that they are not signs) extending up to one (1) toot above the signs shall not be included in the calculation of the sign area. 15.08.070 Height of Sign A. The height of any sign shall be measured from the grade adjacent to the sign. B. Signs for marinas shall not exceed fifteen (15) feet above the ordinary high water mark. 15.08.080 General Regulations 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. 7 4. Signs which impair visual access in view corridors are prohibited. 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 Signs, except for facade & 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. Signs shall not be illuminated between the hours of 10 p.m. and 6 a.m. unless the premises on which they are located is open for business. Up to three neon signs are allowed in commercial zones for each business, provided that they do not exceed 4 square feet_tbr any individual sign. Total signage of all types shall not exceed twenty-five percent (25 %)of an individual window area. For each retail business that has window area in excess of one hundred (100) square feet, an additional four (4) 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. 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% 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. 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. Signs projecting from a building shall not extend into a public fight-of-way or be less than eight feet above grade, unless permitted by the City through an administrative variance procedure. Freestanding signs shall not exceed five feet in height except in the LM zone. In the LM zone, treestanding 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. 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. 15.08.090 Commercial Use Signs In addition to the general regulations of this chapter, the following regulations shall apply to all commercial use signs. A. Facade Signs. Buildings may have one facade sign with a maximum area of thirty-six (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.- 9 2. The total aggregate area of all facade signs on each wall shall not exceed 128 square feet. 3. Facade signs shall be located less than 20 feet above grade except for retail businesses with a second-floor exterior entrance. 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 in area except for retail businesses with a second-floor exterior entrance. The maximum sign area for this directory is 48 square feet. 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. 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. A freestanding identification sign, combining the name of the commercial complex 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. 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 to 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 10 feet above the sidewalk, and the awning shall have a dark background if illuminated from behind. 10 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 forty 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. 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. The maximum sign area of any face shall be no greater than 40 square feet. 15.08.110 Residential Use Signs In addition to the general regulations of this chapter, the following regulations shall apply to all residential use signs. A. Residential developments may have a single freestanding identification sign with a maximum sign area of 10 square feet. B. Home occupations, legally established, may have an identification sign as allowed in section 18.96.030. C. Multi-family residential developments may have a directory sign, with a maximum sign area of 20 square feet, at one vehicular entrance on each street frontage. 11 15.08. 120 Permits Required A. No signs, except those described in section 15.08.030, shall be erected without a valid sign permit. B. Permit application requirements shall be determined by the Director and shall include a site plan showing the location of the signs, the position of buildings and landscaped areas, the elevations of the signs and the configuration and size of the signs. C. A valid sign permit is required before altering an existing sign or repairing a sign where the repair exceeds 50 percent of the replacement cost. D. Legally established signs that include changeable copy are exempt from permit requirements for altering the changeable copy. 15.08.130 Permit Fees A. Plan check fees, permit fees and inspection fees shall be as established by the City Council by resolution. B. Until January 1, 2000, permit fees shall be waived for signs replacing nonconforming signs. 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 procedure shall be administrative and determined by the Director. 15.08. 150 Enforcement and Penalties A. Anyone violating or failing to comply with the provisions of this chapter shall, upon conviction thereof, shall be punishable by fine of not more than $500.00, or by imprisonment for not more than six months, or by both fine and imprisonment, and each day's violation or failure to comply shall constitute a separate offense. In addition to any other sanction or remedial procedure which may be available, any person failing to comply with a notice of violation or order issued by the building official, or tailing to comply with any other provision of this chapter, shall be 12 subject to cumulative civil penalty in the amount of $500.00 per day from the date set for compliance until compliance with such violation or order. C. In addition to instituting criminal prosecution for violation of any of the provisions of this chapter, the city, through the city attorney, may institute civil proceeding in the Bainbridge Island Municipal Court or the superior court of the county to obtain a temporary restraining order or injunction prohibiting violation of this chapter and to collect any fines, fees or penalties due under the provisions of this chapter. D. The City may remove and dispose of signs that it determines are a threat to public safety and recover costs from the owner of the property on which the sign is located. Within 10 days of removal of a sign, and upon payment of the costs of removal, the owner may recover a sign. Section 2. This ordinance shall take effect and be in force five days from its passage, approval, publication and posting as required by law. PASSED by the City Council this 5th day of September, 199~. APPROVED by the Mayor this 9th day of September, 199~. Janet K. West, Mayor ATTEST/AUTHENTICATED: &~:,-,-a-,.d ~/C'/4c~ Ralph Eclls, Clcrk/Treasurer APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: September 11. 1996 POSTED: September 11, 1996 EFFECTIVE DATE: September 16, ORDINANCE NUMBER: 96-32 July 12, 1996 September 5, 1996 1996 13