ORD 2013-06 OFF SITE ROW SIGNSORDINANCE NO. 2013w06
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the placement of commercial signs off -site and/ or within the right -of-
way and amending Sections 15.08.010, 15.08.030, 15.08.0409 15.08.115,
15.089120, 15.08.130 and 15.08.150 of the Bainbridge Island Municipal
Code.
WHEREAS, the City desires to allow limited placement of commercial signs off -
site; and
WHEREAS, the City desires to allow limited placement of commercial signs
within the right -of -way; and
WHEREAS, the City wishes to have consistent requirements for all signs placed
within the right -of -way; and
WHEREAS, the City wishes to require that the permission of the
adjacent /abutting property owner be obtained before signs are placed in the right -of -way;
and
WHERE, timely notice was given to the Department of Commerce i
E n
conformance with RCW 36.70A.106; and
WHEREAS, the City held a public hearing on the proposed amendments on May
22, 2013; and
NOW,
THEREFORE, THE CITY COUNCIL
OF
THE CITY OF
BAINBRIDGE
ISLAND,
WASHINGTON, DOES ORDAIN
AS
FOLLOWS:
Section 1. Section 15.08.010 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.010 Purpose.
The purpose of this chapter is as follows:
A. To promote and protect the public welfare, health and safety.
B. 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.
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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 or within public rights -of -way.
Section 2. Section 15.08.030 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
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 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 the ordinance codified in 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;
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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 BIMC 16.20.020;
J. Banners, not exceeding 30 square feet in area, displayed by a nonprofit
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
of bannerets 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. Political signs in accordance with BIMC 15.08.095;
O. On -site Ssigns, 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.
Q Off -site non - commercial signs intended to be temporary, in accordance
with the following:
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1. Located on private property must obtain the permission of the property
owner. Posted within public right -of -way only if the sign does not
interfere with sight distances and does not create a vehicular, cyclist;
wheelchair or pedestrian traffic obstruction or hazard, and permission to
place the sign in the right -of -way has been obtained from the abutting
property owner. Contact information for the owner of the sign name,
telephone number) must be included on all signs.
2. Freestanding (under 18 inches in height and 24 inches wide) or
sandwich board signs (meeting the size requirements of BIMC
15.08.090.E).
3. Regularly inspected to ensure that they have not been damaged or
destroyed by natural forces or vandalism. Damaged or destroyed signs
shall be immediately removed or repaired so as to avoid threats to public
health and safetv or the accumulation of unclaimed refuse _ul?on the public
rights -of -way.
Section 3. Section 15.08.040 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
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.
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F. Signs erected within the public rights -of -way, access corridors or
easements, except the following: signs erected by the city or state; those
signs projecting /hanging over the public sidewalk, erected in compliance
with the Mixed Use Town Center design guidelines; and-- political signs
displayed in compliance with BIMC 15.08.095: �
; and temporary in
compliance with BIMC 15.08.115 or BIMC 15.08.030(Q).
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 BIMC 15.08.080.C.6.
L. On- premises 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.
N. Signs on any utility pole traffic control device, lamp post, or any other
public building or structure.
O.. Any
sign
placed
without
the necessary
permit or
not in
accordance
with the
size
place and manner limitations
provided
in this
chapter.
twelve -month period. Temporary
off -site
signs located on
rip vate
Section 4. Section 15.08.115 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.115 F feestand ng of sandwieh board Temporary off -site commercial
signs.
A. Off -site signs, intended to be temporary, either the sam_e_sijzn or
different
sign may be displayed
for a maximum of
36 days
within
a
twelve -month period. Temporary
off -site
signs located on
rip vate
property must obtain the permission of the
property owner.
Temporary
off -site signs may posted
within public
right -of -way only
if the sign
does not interfere with sight
distances and
does not create a
vehicular,
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cyclist wheelchair or pedestrian traffic obstruction or hazard, and
permission to place the sign in the right -of -way has been obtained from
the abutting property owner. Contact information for the owner of the sign
(name telephone number) must be included on all signs.
B All temporary off- -site signs relating to a specific meeting, event, or
occurrence shall be removed immediately following the conclusion of the
meeting event, or occurrence to which the relate.
elate.
C. Temporary off -site signs shall be freestanding (under 18 inches in
height and 24 inches wide) r sandwich board signs (meeting the size
requirements of BIMC 15.08.090.E).
D. Temporary off -site signs shall be regularly inspected to ensure that they
have not been damaged or destroyed y natural forces or vandalism.
Damaged or destroyed signs shall be immediately removed or repaired so
as to avoid threats to public health and safety r the accumulation of
unclaimed refuse upon the public rights -of -way.
E. Temporary off -site signs are exempt from BIMC 15.08.030.C,
15.08.040.E, and 15.08.090.B.I -
F.
A
permit
in accordance
with
BIMC 15.08.120 and identifying
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the
dates
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the
signs
will be displayed
shall
be obtained for each twelve -month period.
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G. All signs visible from Highway 305 must be in conformance with the
standards of the Scenic Vistas Act (RCW 47.42 and WAC 468 -66) that is
incorporated herein by this reference as well as the related Washington State
Department of Transportation ( "WSDOT" ) rules, regulations, and noncompliance
penalties; provided that all signs within the city shall also be subject to any
additional restrictions as provided in this chapter. In the case of conflict between
the requirements of the Scenic Vistas Act and this chapter, the more restrictive
requirement shall apply.
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Section 5. Section 15.08.120 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.120 Permits required.
A. No signs, except those described in BIMC 15.08.030 and 15,08.100(C)5
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.
Section 6. Section 15.08.130 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.130 Permit fees.
A. Plan eheel- fees Permit fees and inspeetion fees shall be as established
by the city council by resolution.
7
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business
fee
all
signs ffoaY
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owner-
shall
obtain
µ
permit
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the.
size,
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be
displayed.
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the signs
Section 5. Section 15.08.120 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.120 Permits required.
A. No signs, except those described in BIMC 15.08.030 and 15,08.100(C)5
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.
Section 6. Section 15.08.130 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.130 Permit fees.
A. Plan eheel- fees Permit fees and inspeetion fees shall be as established
by the city council by resolution.
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Section 5. Section 15.08.120 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.120 Permits required.
A. No signs, except those described in BIMC 15.08.030 and 15,08.100(C)5
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.
Section 6. Section 15.08.130 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.130 Permit fees.
A. Plan eheel- fees Permit fees and inspeetion fees shall be as established
by the city council by resolution.
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Section 7. Section 15.08.150 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.150 Enforcement and penalties.
A. Anyone violating or failing to comply with the provisions of this
chapter shall, upon conviction thereof, 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.
B. 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 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 or the sign owner. Within 10 days of removal of a sign,
and upon payment of the costs of removal, the owner may recover a sign.
Anv temporary off -site sivn posted in the public right -of -way in violation
of the regulations set forth in BIMC 15.08.115 constitutes a trespass upon
public property and is declared to be a public nuisance. Such signs shall be
subject to immediate abatement by removal and confiscation.
Section 8. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 22nd day of May, 2013.
APPROVED BY THE MAYOR this 22nd day of May, 2013.
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Section 7. Section 15.08.150 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
15.08.150 Enforcement and penalties.
A. Anyone violating or failing to comply with the provisions of this
chapter shall, upon conviction thereof, 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.
B. 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 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 or the sign owner. Within 10 days of removal of a sign,
and upon payment of the costs of removal, the owner may recover a sign.
Anv temporary off -site sivn posted in the public right -of -way in violation
of the regulations set forth in BIMC 15.08.115 constitutes a trespass upon
public property and is declared to be a public nuisance. Such signs shall be
subject to immediate abatement by removal and confiscation.
Section 8. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 22nd day of May, 2013.
APPROVED BY THE MAYOR this 22nd day of May, 2013.
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ATTEST /AUTHENTICATE :
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
March 29, 2013
May 22, 2013
May 24, 2013
May 29, 2013
2013 -06
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