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HomeMy WebLinkAbout4861 AN ORDINANCE amending Chapter 21.02 of the Brcmerton Municipal Code relating to the regulation of off- premises signs, including standards for sandwich board signs and a process for the amortization of non-conforming off-premises signs. WHEREAS, on July 24, 2002, the City Council adopted Resolution No. 2868 imposing a moratorium barfing acceptance and approval of any building, land use, or development permit for off-premises signs within the City of Bremerton until additional review had been completed and any necessary code revisions had been adopted by the City Council on the issue of off-premises signs within the City of Bremerton; and WHEREAS, On August 14, 2002, the City Council, after public heating on the matter, adopted Resolution 2871 providing findings of fact as required under RCW 35.63.200 and continuing the moratorium until January 23, 2003; and WHEREAS, on January 22, 2003 the City Council, after public hearing on the matter, adopted Resolution 2883 extending the moratorium for six months which will expire no later than midnight, July 22, 2003; and WHEREAS, the City has convened a public process to develop recommended amendments to Bremerton Municipal Code related to off-premises signs; and WHEREAS, the Planning Commission of the City of Bremerton conducted a public hearing on the matter and has recommended adoption of the amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONL Section 21.02.330(b) of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: (b) Definitions: (1) Abandoned Sign. Any nonconforming sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore. (2) Alteration. Any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. (3) Area of a Sign. The total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to 1 Off Premises Signs or an integral part of the sign, in the opinion of the Director. (See BMC 21.02.330(g) for measurement information.) (4) Awning/Canopy. A temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone. (5) Billboard. A sign structure subiect to the provisions of this chapter erected for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premise where the billboard is located. (65) Bulletin Board/Kiosk. A permanent sign structure intended to accommodate changeable copy, such as private or public notices, special event information, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. (76) Changeable Copy/Message Center/Readerboard Sign. A permanent sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see: Public Information/Idemification Sign.) (8g) Construction Sign. A sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. (_98) Directional Sign. A permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route. (109) Free-standing Sign. A sign that is supported by columns, uprights, or braces in or upon the ground and not attached to any building. (11-t-0) Frontage. The actual length of the front property line abutting a street or alley (if no street frontage), or the length of the property line of a flag lot that most closely parallels the street it most directly relates to. (124-!-) Grade. The level of the surface of the ground that lies immediately below a sign or proposed sign location. When a slope is involved, the grade shall be the average of the levels at each supporting member of the sign's structure. (134-3) Identification Sign. A sign intended solely to inform the public of the use of a property, building, office, or premise, and which may typically include the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises. (1413) Illegal Sign. Any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. (15~14) Incidental Signs. Signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or 2 Off Premises Signs services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes. (16J~5) Maintain. To allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. (17,1:6) Marquee. A permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. (18-l-g) Moving, Flashing, or Animated Sign. Any sign that includes action or motion, including flashing lights, color changes, revolving or waving actions other than wind actuated elements such as flags, pennants, banners, and similar devices. These types of signs do not include time/temperature signs, nor electronic or electric reader-board or message center signs with messages that change no more frequently than two second intervals. (19,1:8) Multiple~building Complex. A group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. 2(~_~9) Multiple-occupancy Building. A single building housing more than one retail business, office, commercial venture or other allowed land use. (21g~) Nonconforming Sign. A sign that was legally established, but no longer conforms to the current sign standards of this Section. (22) Off-Premises Sign. Any sign or tgpe of sign that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign face(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public fight-of-way or any off-premises location. (23~-) Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. (24) Premises. Contiguous land in the same ownership or control not divided by a street or public right-of-way. 2(~-2~) Projecting Sign. A sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building's facade. This sign may be supported by a structure in addition to its building or wall support. (162~) Public Information/Identification Sign. A sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship. (27) Sandwich board sign. (also known as A-board sign): A portable si~,j~ constructed of two equal or roughly equal portions, hinged at the top such that when placed on the ground the sign is self-supporting. Sandwich board signs typically form the shape of a letter "A" when opened and resting on the ground 2(~4) Sign. Any communication device, structure, or fixture which is intended to identify a building, place, use, business or event, to make a statement, or to promote the sale 3 Off Premises Signs of products, goods, or services using graphics, letters, figures, symbols, trademarks, or written copy is a sign. Painted wall designs or patterns of an artistic or architectural nature which do not represent a product, service or registered trademark, do not identify the user, and do not otherwise meet the above definition, are not considered signs. Ifa design or pattern is combined with a sign, only that part of the design or pattern which carmot be distinguished from the sign will be considered part of the sign. (292-5) Sign Structure. Any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support. (30-26) Temporary/Special Purpose Sign. A Sign that is not permanently affixed and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund-raising event. Signs advertising property for sale or rent, political or election-related signs, and garage/yard sale signs are other examples, as are banners, flags, pennants, searchlights, and balloons and similar devices. (See Figure 330.) (31) Vehicle or trailer mounted sign. A sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle which would otherwise be prohibited. Vehicle or trailer mounted signs do not include signs painted or placed on commercial vehicles announcing or advertising the mgnlar business activity of the vehicle owner. Vehicle or trailer mounted signs do not include signs on vehicles for sale at a licenses sales lot. Vehicle or trailer mounted signs do not include signs on public transit vehicles including busses and licensed taxi-cabs. (32gg) Wall Sign. A sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve inches from the wall. SECTION2. Section 21.02.330(0 of the Bremerton Municipal Code entitled "Prohibited Signs" is hereby amended to read as follows: (f) Prohibited Signs: The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (1) Strobe lights and signs containing strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two second intervals, and time/temperature signs are exempt from this provision. (2) Signs placed or painted on any motor vehicle or trailer that is not operable and routinely used to transport or provide the goods or services being advertised, or that is parked with the primary purpose of providing a sign that would not otherwise be allowed. (3) Any private sign placed within a public right-of-way, on a public sidewalk, or overhanging a public right-or-way; except that signs overhanging a public sidewalk may be permitted if there is a minimum of eight feet of vertical clearance between the sidewalk and bottom of the sign. (Publicly-owned or installed signs not included.) (4) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. (5) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees, or other plant materials. (6) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. 4 Off Premises Signs (7) Portable signs within an)~he public right-of-way except sandwich board signs per Section 21.02.330( ), and when obstructing a pedestrian walkway, bikeway, or driveway on private property. (8) Off-premises signs. (9) Vehicle or trailer mounted signs. (10) Billboards. SECTION3. Section 21.02.330(h) of the Bremerton Municipal Code entitled "Sign Placement Requirements" is hereby amended to read as follows: (h) Sign Placement Requirements: (1) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, with the following exceptions: i. Public authority and other traffic-related signs. ii. Approved signs overhanging public walkways. iii. Approved sandwich board signs per section 21.02.330(s) BMC. (2) Vision clearance areas shall be maintained at all intersections of private and public roadways, alleys, and driveways, to prohibit any sign within fifteen feet (15') of such intersections (see illustration). (3) A vision clearance setback shall be maintained a distance of at least ten feet (10') from the edge of any existing roadway or from the proposed edge of a planned road or road proposed to be widened. Any sign located within this strip shall be either (a) lower than thirty-six inches (36") above grade, or (2) higher than eight feet (8') above grade. Any posts or other supporting structures shall have a diameter no greater than twelve inches (12") within this area. (4) A pedestrian clearance vertical distance of eight feet (8') from grade or sidewalk to the lowest part of the sign is required for any sign extending over public sidewalks or other walkways. (5) A projecting sign may extend beyond the property'line and over a public pedestrian walkway for a maximum distance of six feet beyond the property line, but in no case shall a sign extend beyond the sidewalk and over a street or other area used by motor vehicles. (6) Free-standing signs shall not extend beyond property lines. SECTION4. Section 21.02.330(p) of the Bremerton Municipal Code entitled "Nonconforming Signs" is hereby re-codified as Section 21.02.330(q) and amended to read as follows: 5 Off Premises Signs (q) Nonconfo~in~ Si~s (1) Applicability. This section applies to the maintenance, repair ~oritization, as appropriate, ~d removal of nonconfo~ina si~s. {2) Definitions. i. "Effective Date of this Section" me~s the effective date of the ordin~ce adopting this Section, ,2003. ii. "Nonconfo~ing si~" me~s ~y si~ ~ defined in Section 21.02.330(b). iii. "Section" me~s Section 21.02.330(q) ~less othe~ise defined. (3) Eligibility. ~y nonconfo~ing si~ located within the city limits on the Effective Date of this Section, or located in ~eas a~exed to the city thereafter which does not confo~ with the provisions of ~is section, is eligible for characterization as a legal nonconfo~ing si~ provided it meets the following requirements: i. The si~ was covered by a si~ pe~it on the Effective Date ofthi~ Section, if one was required under applicable law; or ii. If no si~ pe~it was required under applicable law for the si~, the si~ w~ in all respects in compliance with applicable law on the Effective Date of this Section. (4) Allowed. All legal nonconfo~ing si~s ~e allowed subiect to all pe~it requirements, the provisions coveting loss of legal nonconfo~inE status ~d other limitations set foah in this Section. (5) Exclusions. No tempor~ si~s, potable si~s, special si~s, or incidental si~s shall be eligible for ch~acte~zation a legal nonconfo~inE si~s. (6) Legal nonconfo~ing si~ pe~it. i. Required. A legal nonconfo~ing si~ pe~it is required for each legal nonconfo~ing sign. The pe~it shall be obtained by the si~ user or the si~ owner, or the owner of the property upon which the si~ is located, within sixty (60) days of notification by ~e city that the si~ is legal nonconfo~ing. The pe~it shall be issued for no fee ~d shall expire at the end of the applicable amo~ization period prescribed in subsection 22.01.330(q)(7). 6 Off Premises Signs ii. Necessary information. Applications for a legal nonconforming, sign permit shall contain the name and address of the sign user, the sign owner and the owne~ of the property upon which the sign is located, and such other pertinent information as the Director of Community Development may require to ensure compliance with the Code, including proof of the date of installation of the si ffn. iii. Failure to comply. A legal nonconforming sign for which no permit has been issued within the sixty (60) day period shall within six (6) months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of Section 21.02.940 BMC. (7) Amortization. i. Purpose. In order to ease the economic impact of this Code on businesses or persons with substantial investment in signs in existence on the Effective Date of this Section provides for up to five (5) or ten (10) years, as applicable, of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for federal income tax purposes; provided, however, that whether a si~n is amortized for tax purposes shall not affect the application of this section. ii. All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the Effective Date of this Section for billboard signs and within five (5) years from the Effective Date of this Section for off-premises signs ( the "amortization period"). Additionally, all signs which are made nonconforming by a subsequent amendment to the Zoning Code, Chapter 21.02 BMC, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to Section 21.02.330(10), shall be discontinued and removed or made conforming within the applicable amotization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Section, with a permit obtained, or be removed. A sign prohibited pursuant to Section 21.02.330(f) BMC may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. Amortization is the sole method of compensation for removal of signs pursuant to the this Section. (8) Permitting, Removel and Amortization Exemption. The permitting, removal and amortization provisions of Subsection 21.02.330(q)(6) and Subsection 21.02.330(q)(7) do not apply to any sign which would require the city to pay compensation for its removal under any federal, state or other law, including Chapter 47.42 RCW, The Highway Advertising Control Act--Scenic Vistas Act. (9) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. b. Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any twelve (12) month period to any structure that houses or supports the use with which the 7 Off Premises Signs nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds twenty-five (25) percent of the assessed value of that structure based on the building permit valuation tables. c. Abandonment or business cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one hundred eighty (180) consecutive days. d. Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include enlarging the sign face, relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming si..vn designation. e. Change in use. There has been a change in use on the subiect property as that term is defined in Chapter 21.02 BMC. f. Change in tenant. There has been a change in business or change in single occupancy tenant on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's buildin~-motmted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other sign~ located on the subiect property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (10) Government acquisition of property for right-of-way. i. A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for fight-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this Section. ii. The city may, through a Type II permit, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant; b. The sign is not prohibited by Section 21.02.330(t) BMC and, except for location within a required setback, complies with all other requirements of Section 221.02.330 BMC; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to Section 21.02.33(h) BMC; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. SECTIONS. A new section 21.02.330(p) entitled "Sandwich Board Signs" is hereby added to the Bremerton Municipal Code to read as follows: 8 Off Premises Signs (p) Sandwich Board Signs: Sandwich board signs are intended to be viewed primarily by pedestrians. They are appropriate in areas featuring buildings at or near the public sidewalk and otherwise displaying a pedestrian oriented design ethic and are considered an amenity that compliments the ambiance and attractiveness of such areas. They are not appropriate in areas where commercial activities are separated from the public right-of-way by parking lots, along high speed arterials, and in areas generally oriented toward non-pedestrian travel. Sandwich board signs may be placed on sidewalks or portions of the public right-of-way used as pedestrian walkways subject to the following conditions and requirements. (1) Sandwich board signs may be placed on a public sidewalk or other portion of the public fight-of-way commonly used for pedestrian passage. (2) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. Sidewalks less than four feet in width will not accommodate a sandwich board sign. (3) Sandwich board signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way. (4) One sandwich board only is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (5) Except in the DC and DW zones, sandwich board signs must be within 12 inches of the face of the structure. (6) Sandwich board signs shall not exceed 32 inches in width or 36 inches in height as displayed. (7) Sandwich board signs must be professionally lettered, neatly painted or assembled, and remain in good repair. (8) Sandwich board signs shall be constructed so as to avoid being blown or washed from their intended location and so as to avoid tipping or falling. (9) Sandwich board signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the 32 by 36 inch maximum dimensions established in subsection 6 above. (10) Any site landscaping required by the City of Bremerton shall not be altered to accommodate the sandwich board sign. (11) Sandwich board signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (12) Placement of Sandwich board signs on the public right-of-way in violation of this section will result in immediate removal of the sign from the public right-of-way by City personnel. (13) Not block intersections or otherwise constitute a public safety hazard. SECTION6. Section 21.02.330(q) of the Bremerton Municipal Code entitled "Removal of Signs" is hereby re-codified as Section 21.02.330(0 and amended to mad as follows: (q) r.(D_Removal of Signs: (I) The sign user, owner and/or owner of the property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be 9 Off Premises Signs removed any such sign as required in this Section. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of Section 21.02.940 BMC. ....... , ...................................................... C~t>. SECTION 6. Termination of moratorium. The moratorium established for off- premises signs as adopted pursuant to City Council resolutions 2868, 2871 and 2883 is terminated on the effective date of this ordinance. SECTION 7. Severabilit¥. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the~a~:~(.2_ day of ~ ,2003 // bythe City Council the ~ day of ~ ,2003 PASSED CAROL ARENDS, Council President 10 Off Premises Signs Approved this ~ day of ~ ,2003 CARY BO'ZEM~tN, Mayor ATTEST: APPROVED AS TO FORM: L-I~I~ I~.J~ KEY:, City C~l{~rk-J ')~]~-E-E-EER A. LUB OVICH,..Cit~mey the~,a~frd.~ day of PUBLISHEDEFFECT1VEthea~,,~afo~dayof (~.t.g~.,'~ ,2003 ,2003 ORDINANCE NO. -t~'a~, ! R:\LEGAL\Ordinances\Community Development\Off Premises Signs I .doc 11 Off Premises Signs AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100064927 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: July 15, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $32.51 amount has not been paid in full. .,~ ¥.: '...9 ~ 3 ,~ .: o~ ^~ 3- ". '~ v (Signature of Principal C Subscnb~_ anc~nq~o ~ft~r~:~ this day of July 24, 2003 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4861' AN ORDINANCE amending Chapter 21.02 of the Bremerton Municipal Code relating to the regulation of off-premises signs, including standards for sandwich board signs and a process for the amortization of non-conforming off-premises signs.- APPROVED by the City Council the 25th day of June, 2003- PASSED by the City Council the 9th day of July, 2003- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- July 15, 2003, · #100064927-