HomeMy WebLinkAbout5263 ORDINANCE NO.Sa
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, making amendments to the
Sign Standards section of the Zoning Code - .BMC Title
20.52, regarding sign dimensions and quantities, a new sign
variety "co-op" signs, provide clarification for wayfinding
signs, and removing cessation from the nonconforming sign
section.
WHEREAS, the City Council adopted Ordinance 4950 on November 30,
2005, establishing a new Zoning Code; and
WHEREAS, through practical use and application of the Zoning Code the
need for modification has been identified; and
WHEREAS, the City of Bremerton has established a procedure for
amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code
(BMC), which requires amendments to the Zoning Code to be both consistent with the
goals and policies of the Comprehensive Plan and to be consistent with other applicable
rules and regulations; and
WHEREAS, these amendments are consistent with the City's
Comprehensive Plan, County Wide Planning Policies, the State Growth Management
Act, and other applicable regulations and ordinances; and
WHEREAS, on September 16, 2014,the Planning Commission conducted
a workshop on the proposed amendments; and
WHEREAS, on October 10, 2014,.the proposed Zoning Code amendments
were circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on October 14, 2014, a State Environmental Policy Act
(SEPA) Determination of Nonsignificance (DNS) was issued for the proposed action and
no appeals were filed; and
WHEREAS, on October 11, 2014, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in
the public hearing held by the Planning Commission; and
WHEREAS, on October 21, 2014, the Planning Commission conducted a
public hearing on the Zoning Code amendments and formulated a recommendation to
forward the amendments for City Council consideration; and
1
Zoning Code Amendments
WHEREAS, on November 7, 2014, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in
the public hearing by the City Council; and
WHEREAS, on November 19, 2014, the City Council conducted a public
hearing and considered all testimony prior to their decision:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BREMERTON;WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are adopted and incorporated as
if set forth fully herein.
SECTION Z The findings and conclusions adopted by the Planning
Commission attached hereto as Exhibit A are adopted and incorporated as if set forth
fully herein.
SECTION 3. Section 20.52 of the Bremerton Municipal Code entitled
"Sign Standards" is hereby amended as follows:
20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions of this chapter, but may be
subject to other provisions of the zoning code or building code:
(a) Traffic signs, signals, wayfinding signs, and other traffic control devices
erected by the City or other public authority.
(b) Public notices pertaining to public health or safety issues, or for
notification of legal or legislative action erected by the City or other public authority, of a
temporary nature.
(c) Permanent plaques, cornerstones, nameplates, and other building
identification marking attached to or carved into the building materials and which are
integral parts of the structure.
(d) Signs within buildings provided they do not include moving, flashing or
animated signs that are visible from any private or public roadway, or from adjacent
properties.
(e) Legal nonconforming signs.
(f) Incidental signs intended for public information or convenience and which
consist of no more than ten (10) square feet for a combination of such signs. These may
include restroom signs,hours of operation signs, address numbers, help wanted,credit
card signs, and similar.
(g) The American flag, state of Washington flag, and other political or special
purpose flags that are not intended to contribute to a commercial advertising display.
(h) Wall graphics of an artistic nature and that do not conform to the
definition of"sign."
(i) Public information/identification approved through a conditional use
permit process pursuant to BMC 20.58.020.
(j) Real estate signs for sale of single-family dwelling units.
2
Zoning Code Amendments
(k) Temporary construction and on-site real estate development marketing
signs provided they are removed prior to occupancy approval of the building.
(1) Political signs meeting the provisions in BMC 20.52.090.
20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the City limits of Bremerton and shall
be subject to removal through amortization or other means:
(a) 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 at two (2) second intervals, and time/temperature signs are
exempt from this provision.
(b) Pole signs in all zones except the freeway corridor(FC) zone and the
industrial (I) zone.
(c) Private signs placed within a public right-of-way; except a projecting sign,
may be permitted over a sidewalk if a clearance of at least eight (8) feet is maintained
between the sidewalk and the bottom of the sign.
(d) 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.
(e) Signs painted, attached to, or otherwise supported by rock formations,
utility poles,trees or other plant materials.
(f) 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.
(g) Portable signs within the public right-of-way except portable signs per
BMC 20.52.160.
(h) Off-premises signs including billboards.
(i) Product signs, other than those at a franchise business identifying the
franchise product.
(h) Off-premises signs including billboards but not including co-op signs or
portable signs where permitted.
20.52.060 SIGN MEASUREMENTS.
(a) The area of sign faces shall be measured as the area bounded by any six
(6) straight lines intersecting at right angles, and shall include any surrounding frames or
cabinet edges.
(b) Sign area does not include supports, foundations or structures that are not
part of the sign.
(c) Only one (1) side of a double-faced sign is counted in the sign's total area.
(d) Multiple copy signs or shopping center signs consisting of several
individual signs on the same support structures are calculated as the total of all individual
sign components.
(e) A round or cylindrical sign is calculated as the maximum area that can be
seen at one (1)time from one (1)position, or fifty (50)percent of the total area,
whichever is greater.
(f) The height of a sign is measured from grade, as defined, to the highest
point of the sign or- whiehever-is highe,
3
Zoning Code Amendments
(g) Sign clearances are measured from grade directly below the sign to the
bottom of the sign or sign frame.
(h) Street corner signs (at an intersection) shall be assigned to one (1)of the
frontages by the applicant and shall conform to the requirements of that frontage only.
(i) Portable signs shall be calculated as part of the total freestanding sign area
available to the site.
20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS.
The following standards shall apply to signs placed on property zoned
commercial:
(a) Freestanding Signs.
(1) Sign Pffea. Freestanding signs ♦ Ka"' area that 8,hall
f�.5 -
not emeeed one(1) square feet of area per-eae-1. feeett of stFeet&entage subj erat to t
fel � !•1 TAT .•.• Par-eel. A par-eel 1..,..:..r: l000 than ffty lClll l:,,a.♦1
feet of street ffentage may have one (1) fi-7eestanding sign not to emeeed fik (50) square
feet-.
(i) Wide n l n par-eel having more than fifty!cm lineal.
feet of street ftentage may have fouIt le fi.00sta d; signs, ,.,idea no single
f t d d area,.f one hundred (1 nm/ .�y u� uu"o feet.
v
0 0 -
(2) Spaeing. Freestanding signs i ated on the same _el of site shall
have a sepafation f t least �y .fifty !cm. Additionally,f t a twenty fi e (25) f„t sett,
Or-ed fiem ad* 4y lines, exeept this may be modified by the Direete
where sueh faeter-s as the width of the lot or-the d -ss foakes eomplianee
ess�l�
(1) No use or combination of uses on a single lot or building shall
have more than one freestanding sign per street frontage with the following exceptions;
(i) Parcels with five hundred (500) feet of continuous frontage
may have one additional sign.
(ii) Co-op Signs. See section 20.52.100(d).
(23) Maximum Height and Design. Freestanding signs shall comply
with the height and design requirements set forth in Figure 20.52(a).
(b) Building Signs.
(1) Commercial Uses. The building sign standards shall be in
accordance with the following: ,
(i) Sign Area. Signs attached to a building may have an
aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of
building facade width.
(ii) Maximum Sign Size. A building sign attached individually
shall not exceed one hundred(100) square feet in area, except it may exceed the
maximum if the total sign area is less than ten(10) percent of the total building facade
area.
(2) Industrial Uses. The building sign standards for industrial uses and
other uses not engaged in the sale of goods or services to the public shall be in
accordance with the following:
4
Zoning Code Amendments
(i) Sign Area. The maximum aggregated area for all building
signs attached to a single building shall be one hundred (100) square feet.
(3) Number of Signs. There is no limit to the number of individual
building signs, provided the maximum aggregated sign area is not exceeded.
(4) Illumination. Signs may be illuminated directly, indirectly, or
internally, provided the lighting is directed away from other land uses, and away from on-
coming traffic.
(c) Shopping Center or Professional Complex. A shopping center,
professional office complex, or similar large multiple-occupancy development may have
an identification sign to a maximum size of three hundred(300) square feet placed along
one (1) or-more street frontages that are ' than thfee hundr-ed `inn) feet
provided the parcel has an area of at least eight (8) acres, and the sign is no closer than
one hundred (100) feet from an adjacent property on the same side of the street-and-ne
etheF fieestanding lafger than fig+ (cm square f et., e place en the subjee4
pr-Ope".
(d) Co-op Signs A co-op sign is intended to permit businesses that do not
have street frontages on Kitsap Way or Wheaton Way a reasonable opportunity to
advertise A co-op sign transfers the right to place a freestanding sign from the
nonfronting parcel to the parcel with street frontage on Kitsap Way or Wheaton Way. Co-
op signs may be permitted in the following circumstances:
(1) The parcel fronting_Wheaton Way or Kitsap Way shall have at
least one hundred (100) feet of continuous street frontage on Wheaton Way or Kitsap
Wav; and
(2) The parcels (fronting and nonfronting)must share a property line;
and
(3) The nonfronting business shall not have a property line fronting
Wheaton Way or Kitsap Way; and
(4) A parcel fronting Kitsap Wav or Wheaton Way shall be permitted
one (1) co-op sign not to exceed one hundred 0 00) square feet however, the co-op sign
mgy contain signage for more than one nonfronting business; and
(5) In the event that the fronting and nonfronting parcel(s) elect to
share a single freestanding sign a twenty-five (25)percent bonus in square footage is
permitted, provided:
(i) The shared sign is the only permitted freestanding sign on
the fronting and nonfronting parcels except as provided in 20.52.100(d)(7)(i).
(ii) The sign does not exceed the fifteen(15) foot maximum
height.
(6) The nonfronting parcel is limited to one(1) co-op sign on Kitsap
Way or Wheaton Way; and
(7) The nonfronting parcel will transfer the right to develop a
freestanding sign on the nonfronting parcel to the parcel fronting Kitsap Way or Wheaton
Way;
(i) The nonfronting parcel mM place a directional sign at each
entrance not to exceed ten 0 0) square feet in size.
(8) The owners of both the fronting parcel and nonfronting parcel shall
record a"Notice to Title"prepared by the Department recognizing the presence of a co-
5
Zoning Code Amendments
op sign with the Kitsap County Auditor when required by the Department. The notice
shall be notarized and the applicant must submit proof that the notice has been legally
recorded before the sign permit is issued.
20.52.180 NONCONFORMING SIGNS.
(a) Applicability. This section applies to the maintenance, repair, as
appropriate, and removal of nonconforming signs. Nonconforming sign means a sign
that was legally established,but no longer conforms to the current sign standards of this
title.
(b) Maintenance and Repair of Off-Premises Signs. Any nonconforming off-
premises sign shall immediately lose its legal nonconforming designation, and be
removed or brought into conformity with the provisions of this chapter, when one (1)or
more of the following events occur:
(1) Alterations to sign:
(i) Any structural alteration to an off-premises sign shall result
in the loss of its nonconforming status. This does not include replacing the sign's
message or painting.
(ii) In no case shall an off-premises sign be permitted to be
expanded or enlarged. Adding electronic components that move, flash,or change copy is
not permitted.
(c) Maintenance and Repair of On-Premises Signs. Any nonconforming on-
premises sign shall immediately lose its legal nonconforming designation, and be
removed or brought into conformity with the provisions of this chapter, when one (1) or
more of the following events occur:
(1) Alterations to sign:
(i) If alterations are made to the sign that exceed twenty-five
(25)percent of the replacement cost of the sign it shall lose its nonconforming status; or
(ii) For freestanding signs, re-facing the sign with a new
message is permitted; however, if the cabinetry housing the sign is removed, or is
intended to be replaced,the sign shall lose its nonconforming status; or
(iii) In no case shall an on-premises sign be permitted to be
expanded or enlarged.
(2) Alteration to Associated Business or Site. Should a business with a
nonconforming sign undergo remodel or site improvements,the sign shall lose its
nonconforming status under any of the following circumstances:
(i) The on-site renovation, construction, or other site
improvements exceed seventy-five(75) percent of the assessed improvement value of the
site; or
(ii) On-site construction/improvements costs exceed fifty
thousand ($50,000)dollars.
( existing
businessthe subjeet pr-opefty feF one (1) year-or-fnere, the sign shall lose its neneenfoFffling status.
6
Zoning Code Amendments
Figure 20.52(a)
Freestanding Signs: Zone-Specific Size and Design Requirements
4
Commercial Zones Freestanding Sign Type Max. Heights Max. Size'-'-4
Commercial Corridor(CC) Monument only 8' 60 sq. ft.
Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft.
Neighborhood Business(NB) Monument only 6' 60 sq. ft.
Limited Commercial (LC) Monument only 8' 60 sq. ft.
Freeway Corridor(FC) Any 35' 100 sq. ft.'
Marine Industrial (MI) Monument only 8' 100 sq. ft.
Industrial Park(IP) Monument only 8' 100 sq. ft.
Industrial (I) Any 25' -
Institutional (INST) Monument only 8' 60 sq. ft.
Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size
Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft.
District Center Core(DCC) Monument only 8' 60 sq. ft.
Downtown Core (DC) Monument only 8' 60 sq. ft.
Downtown Waterfront(DW) Monument only 8' 60 sq. ft.
Business Core (BC) Monument only 8' 60 sq. ft.
Employment Center(EC) Monument only 8' 60 sq. ft.
1 Maximumfor-individual
fitestanding signs.-Total allyruyao
standing b s based o linear }. et font o e
BMG 20 52 l nn d 20.52.140. t\�
v 1-2.V Larger signs for shopping centers or professional office complexes
are allowable per BMC 20.52.1 00(c).
2-3. Larger signs for auto dealership groups are allowable per
BMC 20.52.110.
34. Freestanding sign size for special purpose zones not listed in this
table are subject to the requirements of BMC 20.52.130.
4 Freestanding signs fronting Wheaton Way and KitsV Way may
increase the maximum height to fifteen(15) feet and maximum area to one hundred
(100) square feet which is a permissible departure from the requirements listed in
Figure 20.52(a).
7
Zoning Code Amendments
5 The structure that the freestanding sign is attached to shall not be
more than twenty-five(25)percent taller than the height of the sign as defined in BMC
20.52.060(fl.
SECTION 3. Severability. If any one or more sections, sub-sections, 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 4. 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.
PASSED by the City Council the I day of /u&el'?.b&r— , 2014
G G HEELER, Council President .
Approved this s f day of 92014
PATTY , Mayor
ATTEST: APPROVED AS TO FORM:
r
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
2
PUBLISHED the Y� da2014
EFFECTIVE the day of Q Mwi hP,r' , 2014
ORDINANCE NO. Z IDS
R•\Legal\Legal\Ordinances\Community Development\Zoning Code Amendments(2014-3).docx
8
Zoning Code Amendments
AFFIDAVIT OF PUBLICATION
Account#42742 AD#20144672
STATE OF WASHINGTON
COUNTY OF KITSAP
L. Teresa Hull,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 KITSAP 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,a weekly newspaper in 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 an advertisement as it was published in
regular issues(and not in supplement form)of said newspaper on the following date,to wit: And on Dec. 3,
2014 such newspaper was regularly distributed to its subscribers during all of said period.The full amount
of the fee charged for the foregoing publication is the sum of$41.56.This amount has riot been paid in full.
(Signature of Principal Clerk)
NOTARY PUBLIC
Subscribed and sworn to before me this day of December 26,2014. STATE OF WASHINGTON
CHRISTY M MOFFIT'T
MY Appointment Exp(res July 08,2018
ORDINANCE NO. 5263
AN ORDINANCE of the City Council of the City of Bremerton,Washington,making amendments to the
Sign Standards section of the Zoning Code-BMC Title 20.52,regarding sign dimensions and quantities,a
new sign variety"co-op" signs,provide clarification for wayfinding signs,and removing cessation from the
nonconforming sign section.
PASSED by the City Council on the 19th day of November,2014.
The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street,Suite 600,
Bremerton,WA 98337.
DEC. 3,2014
AD#20144672