HomeMy WebLinkAbout5312 ORDINANCE NO. 5312
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, amending Chapter 20.52 of the
Bremerton Municipal Code entitled "Sign Standards" and
amending Section 20.42.040 of the Bremerton Municipal
Code relating to definitions of portable signs.
WHEREAS, the City Council desires to amend the Zoning Code to update
provisions relating to signs; 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 June 21, 2016 and July 19, 2016 the Planning
Commission conducted workshops on the proposed amendments; and
WHEREAS, on September 2, 2016 the proposed Zoning Code
amendments were circulated to the State Agencies for the requisite review and comment
period; and
WHEREAS, on September 6, 2016 a State Environmental Policy Act
(SEPA) Determination of Nonsignificance (DNS) was issued for the proposed action and
no appeals were filed; and •
WHEREAS, on September 10, 2016 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 September 20, 2016 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
WHEREAS, on November 7, 2016 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
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Zoning Code Amendments—Signs
WHEREAS, on November 16, 2016 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 herein in full.
SECTION 2. The findings and conclusions adopted by the Planning
Commission attached hereto as Exhibit A are adopted and incorporated as if set forth
herein in full.
SECTION 3. Section 20.42.040 of the Bremerton Municipal Code
entitled"Definitions" is hereby amended by amending the definition of"Portable sign" to
read as follows:
"Portable sign" means 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,a 4
movable readerboard signs, and signs that are mounted, attached or painted on a trailer,
boat or motor vehicle, which is parked, stored or displayed conspicuously in a manner
intended to attract the attention'of the public are examples.
SECTION 4. Section 20.52 of the Bremerton Municipal Code entitled
"Sign Standards" is hereby amended as follows:
Chapter 20.52
SIGN STANDARDS
20.52.010 INTENT.
The intent of the sign requirements chapter is to,recognize the importance of signs
in the community and establish regulations to protect the public from damage or injury
attributable to distractions and obstructions caused by poorly designed or improperly
located signs. These regulations are also intended, in part, to stabilize or enhance the
overall appearance of the community, and to protect property values. This chapter is
intended to regulate the number, size, placement and physical characteristics of signs and
sign structures. These regulations are not intended to and do not restrict, limit or control
the content of any sign message.
20.52.020 APPLICABILITY.
These regulations shall apply in all zoning districts and may be subject to
additional requirements of certain districts, or to state regulations. In cases of conflict,the
most stringent requirement shall prevail.
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Zoning Code Amendments—Signs
20.52.030 SIGN PERMIT.
(a) Permit Required. No sign shall be placed, erected, or displayed without
first obtaining a sign permit unless exempt under BMC 20.52.040.
(b) Removal of Nonconforming Signs. A property containing a
nonconforming sign shall not be allowed a new or additional sign on the property until
the nonconforming sign is removed or brought into conformance with the requirements of
this chapter and the underlying zone.
(c) Permit Application. An application for a sign permit shall include the
following:
(1) Signature of the property owner or their designated agent;
(2) Site plan drawn to scale showing existing buildings, streets,
freestanding and building signs, utility poles, and other structures within fifty(50) feet of
the proposed sign;
(3) Elevation drawings of the structural details of the proposed sign
including dimensions, height, illumination methods and structure supports; and
(4) Landscaping plan showing planting materials and patterns.
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 markings 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.
0) Real estate signs for sale of single family dwelling units. Signs displayed
on a lot with a property for sale or rent.
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Zoning Code Amendments—Signs
(k) Temporary construction and on site real estate development marketing
signs, Signs displayed on a lot where construction is taking place, provided they are
removed prior to occupancy approval of the building.
�l) Political Noncommercial speech signs meeting the provisions in
BMC 20.52.09020.52.085.
(m) . Signs not readable from public or private right-of-way or waterway.
(n) Signs intended to for general public information, such as bulletin
board/kiosk, that accommodates changeable copy such as private or public notices,
special event information, and other short-term messages, at a scale suitable for
pedestrians and not intended to be read by passing motorists, and not for commercial
advertising purposes.
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, video 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)eight (8) second intervals 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.
(0 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, but not including co-op signs erL
portable signs, or noncommercial speech 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.
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Zoning Code Amendments—Signs
(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.
(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.
20.52.070 SIGN PLACEMENT REQUIREMENTS.
(a) 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, except for the
following:
(1) Public authority and other traffic-related signs;
(2) Temporary banner signs erected by the City advertising a public
event, which meet City approval;
(3) Approved signs overhanging public walkways; and
(4) Approved portable signs per BMC 20.52.160.
(b) Intersections standard. A vision clearance setback shall be maintained of
at least fifteen (15) feet from the edge of all private and public roadways, alleys and
driveway intersections.
(c) General road standard. A vision clearance setback shall be maintained of
at least ten(10) feet from the edge of existing or planned roadways. Signs may be
allowed within the clear-vision setback if:
(1) A pole sign is allowed by the zone;
(2) The top of the sign is three (3) feet or less above the grade;
(3) The bottom of the sign is eight (8) feet or greater above the grade;
or
(4) The posts and support structure have a diameter no greater than
twelve (12) inches within this area.
(d) A pedestrian clearance is required for any projecting sign (8) feet above
grade or sidewalk as measured to the bottom of the sign.
(e) A projecting sign may extend over a public right-of-way or public
pedestrian walkway up to six (6) feet past the property line,but in no case-shall the sign
extend over a street or other area used by motor vehicles.
(f) The setbacks for freestanding signs may be reduced to zero (0), provided
the applicant provide justification and documented proof that the sign's placement will
not hinder vision clearance for existing and future development on the site.
(g) Freestanding signs shall not extend beyond property lines.
20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement, size, and height requirements of
this chapter, and the requirements set forth in the underlying zone. Additionally, the
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Zoning Code Amendments—Signs
following requirements shall apply:
(a) The sign area of individual temporary signs shall not exceed thirty-two
(32) square feet; except a banner may be permitted with a sign area of up to one hundred
(100) square feet.
(b) The maximum height of a temporary sign is six (6) feet, except a banner
may be allowed a maximum height of twenty(20) feet.
(c) Signs may be displayed for a period not to exceed sixty(60) days. Any
time a temporary sign is removed by a business, it shall not be replaced by the same or
other temporary sign for a period of not less than ninety(90) consecutive days.
(d) Temporary signs meeting the following standards are exempt from the
requirements of BMC 20.52.030 and BMC 20.52.090 through 20.52.140:
(1) The sign is displayed for a period of seven (7) days or less;
(2) The area of the sign is twenty-four(24) square feet or less; and
(3) The height of the sign is six (6) feet or less.
(e) Temporary signs shall not be permanently attached to the ground, a
building, or to any other structure, other than what is necessary to secure it to prevent
theft, wind damage or safety problems.
(f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise
move from the pressure of the wind are permitted for specific promotions or events but
shall not be permanently displayed.
20.52.085 POLITICAL SICNS.
Political signs identify candidates or issues in upcoming elections and/or they
(b) The maximum height of a political sign shall be six (6) feet.
(c) Political signs advertising a candidate or issue in an upcoming election
shall be removed within fourteen(11) days after the general election.
id)Political signs that do not comply with the requirements of this section shall
chapter.
20.52.085 NONCOMMERCIAL SPEECH SIGNS
Noncommercial speech signs express noncommercial speech such as public
community events, religious, political, social, or other philosophical messages.
Noncommercial speech signs do not promote commercial products or services. The
content of such signs are not regulated, but are subject to the following requirements:
(a) The sign area of noncommercial speech sign shall not exceed thirty-two
(32) square feet.
(b)The maximum height is limited to six (6) feet.
(c) Noncommercial speech signs that do not comply with the requirements of
this section shall be subject to the permit requirements, sign area, setback and other
provisions of this chapter. All noncommercial speech signs shall comply with General
Signs Regulations per BMC 20.52.090.
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Zoning Code Amendments—Signs
20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone districts:
(a) Vision Clearance. Signs shall conform to the clearance requirements of
BMC 20.52.060.
(b) Extension Above Rooftop. No sign that is attached to a building shall
extend above the highest point of the roof except for commercial and center zones up to
fifty(50) percent of the area of a wall sign that is integrated into an architectural facade
design element to define the primary entry to the premises may project above the parapet
of a flat roof; provided, that all components of the sign are only visible to public view on
the primary entry side of the building.
(c) Window Signs. Signs placed on the inside of windows and directed toward
the outside of a building shall be included in the total sign area calculations.
(d) Canopies and Awnings. Signs placed on projecting canopies and awnings,
whether lighted or not, shall be calculated only for thearea of the canopy or awning taken
up by the sign itself.
(e) Landscaping. All freestanding signs shall have a landscaped island at the
base of the sign equal to, or greater than, the sign area.
(f) Illumination. hi order to avoid unreasonably distracting pedestrians or
motorists, nearby residents, and to protect marine life,'illumination from or upon any sign
shall be shielded or directed so as to avoid undue brightness, glare or reflection of light
on private or public property and waterways. Illumination shall be adjusted to ensure
there is no undue brightness. "Undue brightness" is illumination in excess of 0.3
footcandles above ambient light conditions.
(g) Sign Maintenance. All signs erected in the City of Bremerton are required
to remain in good repair. The following requirements shall apply for sign maintenance:
(1) It shall be unlawful for any person to maintain or permit to be
maintained on any premises owned or controlled by said person any sign which is in a
damaged or deteriorated condition and constitutes a danger or hazard to public safety.
(2) Sign components and materials shall be kept in good repair which
shall include the sign being free of holes, chipping, cracking, peeling, fading, rusting or
nonfunctional components that is detectable from beyond the property line. Any sign in
violation of this Section shall be removed or repaired by the owner of the sign or the
owner of the premises. A permit maybe required for maintenance work.
(3) Temporary signs,Noncommercial Speech Signs or banners
showing evidence of deterioration, such as rips, tears, color fading, frayed edges or
otherwise showing need of general maintenance that can be seen from the property line
shall be removed, repaired or replaced promptly(provided the replacement complies with
all other portions of this chapter).
20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS.
The following standards shall apply to signs placed on property zoned
commercial: •
(a) Freestanding Signs.
(1) No use or combination of uses on a single lot or building shall
have more than one (1) freestanding sign per street frontage, with the following
exceptions:
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Zoning Code Amendments—Signs
(i) Parcels with five hundred (500) feet of continuous frontage
may have one (1) additional sign.
(ii) Co-Op Signs. See subsection (d) of this section.
(2) 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 of the side with the signage.
(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:
(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
oncoming traffic.
(c) Shopping Center or Professional ComplexLarge Multiple-Occupant
Development. A shopping center, professional office complex, or similar large multiple-
occupancy development ment may have an identification sign to a maximum size of three
P Y p
hundred (300) square feet placed along one (1) street frontage, 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.
(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. Co-op signs are an incentive for the consolidation of signage. A co-op sign
transfers the right to place a freestanding sign from a non-fronting parcel to a parcel with
street frontage on Kitsap Way or Wheaton Way.
(1) Co-op sign eligibility. Co-op signs may be permitted along
Wheaton or Kitsap Way provided all the following are met:
(i)At a minimum, two parcels are coordinating to create
consolidated signage to reduce visual clutter and limit distractions to pedestrians and
motor vehicles. It will be required for the non-fronting parcel to transfer the right to
develop an on-site- freestanding-sign to the parcel fronting Kitsap Way or Wheaton Way.
The owners of both the fronting parcel and the non-fronting parcel(s) shall record a
"Notice to Title" prepared by the Department recognizing the presence of a Co-op sign
with the Kitsap County Auditor. The notice shall be notarized and the applicant must
submit proof that the notice has been legally recorded before the sign permit is issued.
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Zoning Code Amendments—Signs
(ii)The non-fronting business shall not have a property line
fronting Wheaton Way or Kitsap Way.
(iii)The parcel where the Co-op signage is installed shall have at
least seventy-five (75) feet of continuous street frontage on Wheaton Way (defined as
Wheaton Way from Riddell Road to Sheridan Road), or Kitsap Way.
(iv)The parcels (fronting and non-fronting) must share a property
line, or for non-fronting businesses that do not have a shared property line with the
fronting business, a Co-op signage may be allowed if all of the following are met:
a.The structure containing the non-fronting
businesses is within eight hundred (800) feet of Wheaton or Kitsap Way; and
b.The non-fronting parcel is within four hundred
(400) feet from the fronting parcel where the Co-op sign is to be installed; and
c.-There is no public right-of-way between the non-
fronting and fronting parcel where the Co-op sign is to be installed; and
d.Vehicle or pedestrian access to the non-fronting
business is adjacent to, or is in close proximity to, the fronting business.
(v) Any existing freestanding sign(s) on the fronting and non-
fronting business should be removed prior to installation of the Co-op sign, unless
allowed elsewhere in the code.
(2) Size and Quantity. Cop-op signs shall be in accordance with the
following standards:
(i)A parcel may only participate in one (1) co-op sign.
a.The non-fronting parcel may place a directional sign
at each entrance, not to exceed ten (10) square feet in size.
(ii) The Co-op sign is the only permitted freestanding sign on
the participating parcels, except as provided above.
(iii)The sign does not exceed the maximum height limit as
identified in Figure 20.52(a).
(iv)A Co-op sign shall not to exceed one hundred (100) square
feet, except for the following:
a.When a Co-op sign has multiple non-fronting parcels, a
twenty-five (25)percent bonus in square footage is permitted (for a maximum sign area
of one hundred and twenty-five (125) square feet).
(d) Co Op Signs.A co op sign is intended to permit businesses that do not have
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
. : ee -- -- . • - . . • . . . • .
a4
and
Wheaton Way or Kitsap Way; and
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Zoning Code Amendments—Signs
(1)A parcel fronting Kitsap Way or Wheaton Way shall be permitted
one co op sign, not to exceed one hundred (100) square feet; however, the co op sign
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 permittcd freestanding sign on the
section.
(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
(i)The nonfronting parcel may place a directional sign at each
entrance, not to exceed ten(10) square feet in size.
record a "Notice to Title" prepared by the Department recognizing the presence of a ee-
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.
(a) No provisions under this section shall be interpreted to preclude
other provisions of this chapter that are applicable to a given property or
PrePeRah
(b)In addition to the other standards prescribed in this chapter, a dealership
requirements:
(1)A dealership group is two(2) or more franchises under common
ownership;
(2)The automobile dealership district sign shall be limited to identifying
the dealership group and the brands of vehicles sold in the group;
(3)The total area of the sign shall not exceed fifty(50) square feet for
. . . • • - - . . . - ample: a dealership group with two (2) dealer
(100) square feet);
(1)The maximum total sign area in no case shall exceed one hundred
fifty(150) square feet if the sign is a pole sign, or two hundred (200) square feet if it is a
(5)The square footage of the sign shall be deducted from the total
aggregated signage allotted to the parcel on which the sign is placed;
(6)The sign can only front on a City arterial street;
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Zoning Code Amendments—Signs
(7)A master signage plan is required to :- . . - . . - . .. -
the sign permit showing the location and area of all signage of all the dealerships within
the dealership group.
20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS.
The following regulations apply to properties in residential zones:
(a) Freestanding Signs.
(1) Entrance Signs. One (1) freestanding sign may be permitted at
each street entrance to a neighborhood, subdivision, manufactured park,
apartment/condominium complex, or other homogeneous residential area, provided:
(i4) The sign area is fifty(50) square feet or less.
(2) Multiple Family Developments. A residential development having
four('I) or more dwelling units may have one (1) permanent freestanding sign per street
frontage, provided the total sign area does not exceed four(1) square feet.
( .2) Individual Properties. Each residential property may have one(1)
freestanding permanent sign that shall not exceed two (2) square feet in sign area.
(43) Height. Freestanding signs shall have a maximum height of six (6)
feet as measured from grade directly below the sign to the highest point on the sign or its
support structure.
(b) Building Signs.
(1) The freestanding sign limitations prescribed in subsections (a)(1)
through(3) of this section may be applied to building signs in lieu of freestanding signs.
(c) Resident name plaques and address numbers shall not be included in total
sign area calculations, but shall be limited to a size and character of other such signs in
the immediate neighborhood.
(d) Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or
are otherwise moved by the wind are prohibited.
20.52.130 SPECIAL PURPOSE SIGN REGULATIONS.
When a sign that is not otherwise regulated by this title and is located in a
residential zone, the special purpose sign regulations shall apply. Specifically, special
purpose signs are signs located in a residential zone that are for either(1) commercial
uses, such as an adaptive reuse, or legally established nonconforming commercial use, or
(2) noncommercial signs such as signs for churches, schools and parks. The following
shall apply:
(a) Freestanding Signs.
(1) Sign Area. The maximum area of a freestanding sign shall be
limited to fifty(50) square feet.
(2) Number of Signs. Only one (1) freestanding sign is allowed per
each street frontage.
(3) Height. The height of a freestanding sign shall not exceed six (6)
feet.
(b) Building Signs.
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Zoning Code Amendments—Signs
(1) Sign Area. The aggregate area of all building signs, projecting
signs, and other signs attached to buildings shall not exceed one hundred (100) square
feet.
(2) Number of Signs. There is no limit to the number of individual
building signs, provided the maximum aggregated sign area is maintained.
(c) Illumination. When located within a residential zone, the sign shall not be
illuminated between the hours of 10:00 p.m. and 7:00 a.m.
20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS.
The following standards shall apply to signs located in a center:
(a) Freestanding Signs.
(1) Sign Area. The requirements prescribed in BMC 20.52.100(a)(1)
shall apply, except wide parcels shall be limited to only one (1) freestanding sign not to
exceed one hundred (100) square feet.
(2) Spacing. Freestanding signs shall be no closer than twenty-five
(25) feet from adjacent properties, except this may be modified by the Director where
such factors as the width of the lot or the driveway access makes compliance impossible.
(3) Maximum Height and Design. Freestanding signs shall comply
with the height and design requirements set forth in Figure 20.52(a).
(b) Building Signs. The requirements prescribed in BMC 20.52.100(b) shall
apply.
(c) Moving, flashing, or animated signs are prohibited in downtown and
centers zones.
20.52.150 VARIATIONS TO SIGN REGULATIONS.
(a) The Director shall have the authority to grant administrative approval for
minor adjustments to sign heights, numbers of signs, sign placement, and sign size,
provided:
(1) The adjustments do not exceed ten (10) percent of the basic
requirement; and
(2) The adjustment is based on a hardship or problem with the site,
existing building placements, or poor site visibility, and not based on economic factors or
personal design preference.
(b) A request for adjustments beyond ten (10) percent shall be processed as a
variance pursuant to BMC 20.58.030.
20.52.160 PORTABLE SIGNS.
Portable signs may be placed on sidewalks or portions of the pedestrian public
right-of-way subject to the following conditions:
(a) A minimum four(4) feet of unobstructed sidewalk or pedestrian path must
be maintained. A portable sign shall not be allowed on sidewalks with less than four (4)
feet in width.
(b) Portable signs may not be placed in the driving lanes of a public street or
in parking stalls on the public right-of-way.
•
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Zoning Code Amendments—Signs
(c) One (1) portable sign is allowed for any licensed business. The sign must
be displayed immediately adjacent to the main entrance of the business employing the
sign:
(d) Portable signs shall not exceed thirty-two (32) inches in width or thirty-six
(36) inches in height as displayed.
(e) Portable signs shall be professionally lettered, neatly painted or
assembled, and remain in good repair.
(f) Portable signs shall be constructed to avoid being blown from their
intended location and to avoid tipping or falling.
(g) Portable signs shall not be internally lit, not have moving parts, nor shall
any attachment or portion of the sign extend beyond the thirty-two (32)by thirty-six (36)
inch maximum dimensions established in subsection (d) of this section.
(h) Portable signs shall be displayed during daylight hours only and shall be
removed by the business owner immediately after dusk each day.
(i) Any site landscaping required by the City shall not be altered to
accommodate a portable sign.
(j) Portable signsshall not block intersections or otherwise constitute a public
safety hazard.
(k) Pursuant to Chapter 47.42 RCW and Chapter 468-66 WAC, placement of
portable signs on the public right-of-way of SR 3, SR 303, SR 304, and SR 310 is
prohibited.
(1) Placement of portable 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.
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.
(2) Alteration to Associated Business or Site. Should a business or site
with an off-premise nonconforming sign undergo remodel or site improvements the sign
shalt lose its nonconforming status under any of the following circumstances:
13
Zoning Code Amendments—Signs
(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 dollars ($50,000); or
(iii)Unless the structure was damaged by fire or other casualty not
intentionally caused by the owner or tenant and a permit is applied for within one (1)
year of such fire or casualty
(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, refacing 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,-unless the structure was
damaged by fire or other casualty not intentionally caused by the owner and tenant and a
permit is applied for within one (1) year of such fire or casualty, 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; Of
(ii) On-site construction/improvements costs exceed fifty
thousand dollars ($50,000); or-
(iii)Unless the structure was damaged by fire or other casualty not
intentionally caused by the owner or tenant and a permit is applied for within one.(1)
year of such fire or casualty.
20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR
RIGHT-OF-WAY.
(a) 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 right-of-way expansion shall be characterized as a legal
nonconforming sign and shall be allowed subject to the requirements of this section.
(b) The City may allow, by a Type II permit as prescribed in
Chapter 20.02 BMC, the placement of a new sign or relocation of an existing sign within
a required setback if it meets all of the following criteria:
(1) 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
14
Zoning Code Amendments—Signs
federal government acquisition of property for right-of-way expansion and not by any
action of the applicant.
(2) The sign is not prohibited by BMC 20.52.050 and, except for
location within a required setback, complies with all other requirements of this chapter.
(3) The sign complies with the City's minimum sight distance at
intersection requirements pursuant to BMC 20.52.070.
(4) Location of the sign within a required setback is otherwise
consistent with the public health, safety, and welfare.
20.52.200 REMOVAL OF SIGNS.
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
removed any such sign as required in this chapter. Failure to comply shall subject the sign
user, owner and/or owner of the property on which the sign located to the remedies and
penalties of BMC 20.40.200.
Figure 20.52(a)
Freestanding Signs: Zone-Specific Size and Design Requirements
Commercial Zones I Freestanding Sign Type I Max. Height LMax. Sizel'
General Commercial (GC) I Monument only 18'1 160 sq. ft.
Neighborhood Business (NB) I Monument only 16' 160 sq. ft.
Freeway Corridor(FC) Any 35' 190-150 sq.
ft..
Industrial (I) I Any 125' I-
Institutional (INST) 'Monument only 18' 160 sq. ft.
Max, Max,Size
Height
All Centers (except the Puget Sound Monument only 60 sq. ft.
Industrial Center-Bremerton)
Puget Sound Industrial Center- Any 25'
Bremerton
District Center Core(DCC) I Iv 160 sq. ft.
Downtown Core(DC) I I 160 sq. ft.
5: • • . . . I Monument only I8' 160 sq. ft.
Business Core(BC) I I 160 sq. ft.
Employment Center(EC) I Monument only I 160 sq. ft.
1. Larger signs for large multiple occupant development are allowable per
BMC 20.52.100(c).
2. Freestanding sign size for special purpose zones not listed in this table is subject
to the requirements of BMC 20.52.130.
15
Zoning Code Amendments—Signs
3. Freestanding signs fronting Wheaton Way(from Riddell Road to Sheridan Road)
and Kitsap Way may increase the maximum height to fifteen(15) feet., and maximum
area to one hundred (100) square feet per BMC 20.52.100(d), which is a permissible
departure from the requirements listed in Figure 20.52(a).
4. Pursuant to BMC 20.52.100(d) Co-op signage may increase the maximum
signage provided a transfer of development rights for the non-fronting parcel is provided
fnon-fronting parcel does not get a freestanding sign as the transfer of development rights
were for a larger sign on the fronting parcel).
SECTION 4. 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 S. 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 � day of 014eJ./. , 2016
•
ERIC YOUNG,' , Co. c. President
•
Approved this 24 y day of A/0 0 v1/ eiO4' , 2016
PATTY LE Y ayo
ATTEST: APPROVED AS TO FORM:
8121/Vt._ _
SHANNON CORIN, City Clerk RO ER A. LUBOVICH, City Attorney
PUBLISHED the day of I. ir ber. , 2016
EFFECTIVE theme" day of 0,ILPiV'i Ito , 2016
ORDINANCE NO. .P,3/
R:\Legal\Legal\Ordinances\Community Development\Sign Code\11-1-16 BMC 20.52.docx
16
Zoning Code Amendments—Signs
AFFIDAVIT OF PUBLICATION
Account#342133 AD#1373033
STATE OF WASHINGTON
COUNTY OF KITSAP
I,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 publi-
cation 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
November 25, 2016
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$59.28. This amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of November 25, 2016.
‘( rf\.
`. �• 4M1s810NF
0 *OTAgy 9
V.°
97):AZ�UCY g 2U2 •�'�O�\�
",,) WASN�**`'
ORDINANCE NO.5312
AN ORDINANCE of the City
Council of the City of Bremer-
ton, Washington, amending
Chapter 20.52 of the Bremer-
ton Municipal Code enti-
tled "Sign Standards" and
amending Section 20.42.040
of the Bremerton Municipal
Code relating to definitions
of portable signs.
PASSED by the City Council on
the 16th day of November,
2016.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street,Suite 600,Bremerton,
WA 98337.
NOV.25,2016
AD#1373033