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ORD 2001-40 SIGN CODE REVISIONSORDINANCE NO. 2001-40 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the City's sign code; amending Sections 15.08.020, 15.08.030, 15.08.040F, 15.08.050A, 15.08.060, 15.08.070, 15.08.080, and 15.08.090 of the Bainbridge Island Municipal Code. 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 regulation of awning and marquee signs, temporary signs, and wishes to amend the amortization provision for nonconforming signs; and WHEREAS, the City Council's Community Relations Committee, City of Bainbridge Island Planning and Community Development Deparmaent, the City of Bainbridge Island Public Works Department, the local businesses, and the local real estate agencies have met and agreed to observe the guidelines as established herein; and WHEREAS, the City Council desires to update the sign code to more closely respond to the current signage needs of the community; now therefore THE 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 to read 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 face or shelter, which face or shelter extends (12 inches or more) in a direction perpendicular to the wall of the building and may be supported by posts or the exterior wall of the 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 hung vertically from a freestanding support, i.e., curbside bannerets on light standards and bannerets in public squares. DOCS\94700\100~228472.03 12/07/01 -1- F. "Bulletin board" means a surface designed for the affixing of temporary handbills, notices, posters or other similar items. G. "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, repalnting, or otherwise altering the physical composition of the sign, for the primary objective of displaying frequently changing copy. H. "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. "Cultural, historical or architecturally significant sign" means a sign with unique local characteristics which may not fit other defmed categories. J. "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. "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. "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. "Facade" means the wall of a building or other structure whose face is generally parallel to that wall or other structure. O. "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. "Grade." See BIMC 18.06.430. Q. "Neon sign" means a sign illuminated in whole or part by gaseous tubes electrified by a current. R. "NSC" means Neighborhood Service Centers. DOCS\94700\100\228472.03 12/07/01 -2- S. "Primary entrance" means the principal or main entrance of a building or structure which is used by the majority of patrons to access the building or structure. T. "Projecting/Hanging Sign" means a sign, which is attached to or supported by a wall or suspended from the overhang of a building or other structure. U. "Public right-of-way sign" means a sign in the public right-of-way. V. "Repair" means the reconstruction or renewal of any part of an existing sign for the purpose of its maintenance. W. "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. X. "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. Y. "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. "Two-sided" means a sign where only one face is visible from any viewing position. AA. "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. Section 2. Section 15.08.050 A, of the Bainbridge Island Municipal Code is amended to read as follows: A. A nonconforming sign lawfully existing prior to July 26, 1993, may remain and be used subject to the provisions of subsection B and C below. Section 3. Section 15.08.060 of the Bainbridge Island Municipal Code is amended to read as follows: 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 foot above the signs shall not be DOCS\94700\100\228472.03 12/07/01 -3- included in the calculation of the sign area. For signs which are a molded, cast, carved, or otherwise integral part of a solid concrete, masonry, wood, or composite wall, foundation, fence, or entry structure the sign area shall be measured within a continuous perimeter enclosing the extreme limits of the lettering and/or image. Section 4. Section 15.08.070C, of the Bainbridge Island Municipal Code is amended to add a paragraph C as follows: C. Awning structures on which sign images are attached shall be subject to regulation under the Uniform Building Code as adopted in BIMC 15.04.020. Section 5. Section 15.08.080 of the Bainbridge Island Municipal Code is amended to read 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. DOCS\94700\100\228472.03 12/07/01 -4- 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. One commercial use sign for theaters, including film or performing arts buildings that were constructed prior to November 10, 1999, may be internally illuminated and may include external unshielded neon lights. 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 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 and NSC zones and except as regulated by BIMC 15.08.100 B. Supporting structures (providing that they are not signs) for freestanding signs may extend one foot higher than the height limit for freestanding signs. In the LM zone and NSC zones, freestanding signs shall not exceed eight feet in height. E. Safety Standards. No person may erect a sign that: 1. Is structurally or electrically unsafe; DOCS\94700\100\228472.03 12/07/01 -5- 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 6. Section 15.08.090, of the Bainbridge Island Municipal Code is amended to read as follows: 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 aggregate 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. 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 sign up to 36 square feet. The maximum sign area for this directory is 48 square feet. 5. A single facade sign for a commercial complex is allowed at the primary entrance instead of a directory, provided no other facade sign 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 sigu(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. DOCS\94700\100\228472.03 12/07/01 -6- 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, for a commercial complex, with or without 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 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 8 feet above the sidewalk, and the awning shall have a dark background if illuminated from behind. D. Projecting/Hanging Signs. l. A business may have one projecting sign, located at least eight feet above grade, with a maximum area of five square feet for each side. The fixture used to suspend the hanging sign must be included in the permit design and approved by the designated officials, but shall not be included in the total size of the sign. 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 nonilluminated 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 7. Up to 10 freestanding signs (under 18 inches in height and 24 inches wide) or sandwich board signs (meeting the size requirements of 15.08.090 (E) BIMC) advertising on-site sales at home occupations, as regulated under Chapter 18.96 BIMC, may be placed off of the parcel upon which the home occupation is located with permission of the parcel owner, or within the public right-of-way located as far as possible from the street or road so as not to create a traffic hazard or obstruction, for a maximum of 14 days. These signs are exempt from BIMC sections 15.08.030 (O), 15.08.040 (E), 15.08.040 (F), and 15.08.090 (B)(1). The home occupation business owner shall obtain a permit for all signs from the Planning and Community Development DOCS\94700\100\228472.03 12/07/01 -7- Department. The permit shall describe the size, content, and location of the signs and the days on which the signs will be displayed. There shall be no fee for the permit. Section 8. Freestanding (under 18 inches in height and 24 inches wide) or sandwich board signs (meeting the size requirements of 15.08.090 (E) BIMC), advertising community events or self-guided tours of city residences and places, may be placed for a maximum of 14 days off of the parcel upon which the event or tour is located with permission of the parcel owner, or within the public right-of-way located as far as possible from the street or road so as not to create a traffic hazard or obstruction. These signs are exempt from BIMC sections 15.08.030 (C), 15.08.030 (O), 15.08.040 (E), 15.08.040 (F), and 15.08.090 (B)(1). The event or tour sponsor shall obtain a permit for all signs from the Planning and Community Development Department. The permit shall describe the size, content, and location of the signs and the days on which the signs will be displayed. There shall be no fee for the permit. Section 9. Sections seven and eight of this ordinance shall expire on March 3 I, 2002. Section 10. This ordinance shall be effective five days after its passage, approval, and publication as required by law. PASSED by the City Council this 12m day of December 2001. APPROVED by the Mayor this 13m day of December 2001. ATTEST/AUTHENTICATE: St{san Kasper, C~ty Clerk / DOCS\94700\100\228472.03 12/07/01 -8- APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: EFFECTIVE DATE: ORDINANCE NO.: November 7, 2001 December 12, 2001 December 24, 2001 2000-40 DOCS\94700\100~228472.03 12/07/01 -9-