Chapter 20.52
SIGN STANDARDS

Sections:

20.52.010    INTENT.

20.52.020    APPLICABILITY.

20.52.030    SIGN PERMIT.

20.52.040    EXEMPT SIGNS.

20.52.050    PROHIBITED SIGNS.

20.52.060    SIGN MEASUREMENTS.

20.52.070    SIGN PLACEMENT REQUIREMENTS.

20.52.080    TEMPORARY SIGNS.

20.52.085    NONCOMMERCIAL SPEECH SIGNS.

20.52.090    GENERAL SIGN REGULATIONS.

20.52.100    COMMERCIAL DISTRICTS SIGN REGULATIONS.

20.52.120    RESIDENTIAL DISTRICT SIGN REGULATIONS.

20.52.130    SPECIAL PURPOSE SIGN REGULATIONS.

20.52.140    DOWNTOWN AND CENTERS SIGN REGULATIONS.

20.52.150    VARIATIONS TO SIGN REGULATIONS.

20.52.160    PORTABLE SIGNS.

20.52.180    NONCONFORMING SIGNS.

20.52.190    GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF-WAY.

20.52.200    REMOVAL OF SIGNS.

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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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.

(j)    Signs displayed on a lot with a property for sale or rent.

(k)    Signs displayed on a lot where construction is taking place, provided they are removed prior to occupancy approval of the building.

(l)    Noncommercial speech signs meeting the provisions in BMC 20.52.085.

(m)    Signs not readable from public or private right-of-way or waterway.

(n)    Signs intended for general public information, such as bulletin board/kiosk, that accommodate 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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 4950 §8 (Exh. A) (part), 2005)

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 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.

(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, but not including co-op signs, portable signs, or noncommercial speech signs where permitted. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 5249 §6, 2014: Ord. 4950 §8 (Exh. A) (part), 2005)

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.

(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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 4950 §8 (Exh. A) (part), 2005)

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;

(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 provides 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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249 §7, 2014: Ord. 5046 §5, 2008; Ord. 4950 §8 (Exh. A) (part), 2005)

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 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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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 is not regulated, but is subject to the following requirements:

(a)    The sign area of noncommercial speech signs 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 sign regulations per BMC 20.52.090. (Ord. 5312 §4 (part), 2016)

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 the area 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. In 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 are 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 may be 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). (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4971 §12, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)

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:

(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)    Large Multiple-Occupant Development. 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) 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 nonfronting 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 (2) 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 nonfronting 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 nonfronting 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.

(ii)    The nonfronting 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 nonfronting) must share a property line, or for nonfronting businesses that do not have a shared property line with the fronting business, co-op signage may be allowed if all of the following are met:

a.    The structure containing the nonfronting businesses is within eight hundred (800) feet of Wheaton or Kitsap Way; and

b.    The nonfronting 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 nonfronting and fronting parcel where the co-op sign is to be installed; and

d.    Vehicle or pedestrian access to the nonfronting business is adjacent to, or is in close proximity to, the fronting business.

(v)    Any existing freestanding sign(s) on the fronting and nonfronting businesses should be removed prior to installation of the co-op sign, unless allowed elsewhere in the code.

(2)    Size and Quantity. Co-op signs shall be in accordance with the following standards:

(i)    A parcel may only participate in one (1) co-op sign.

a.    The nonfronting 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 exceed one hundred (100) square feet, except for the following:

a.    When a co-op sign has multiple nonfronting parcels, a twenty-five (25) percent bonus in square footage is permitted (for a maximum sign area of one hundred twenty-five (125) square feet). (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 4950 §8 (Exh. A) (part), 2005)

20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS.

The following regulations apply to properties in residential zones:

(a)    Freestanding Signs.

(1)    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:

(i)    The sign area is fifty (50) square feet or less.

(2)    Individual Properties. Each residential property may have one (1) freestanding permanent sign that shall not exceed two (2) square feet in sign area.

(3)    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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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.

(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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249 §8, 2014: Ord. 4971 §13, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)

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 make 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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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.

(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 signs shall 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.

(l)    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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249 §9, 2014: Ord. 4950 §8 (Exh. A) (part), 2005)

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-premises 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 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, 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;

(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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 5249 §11, 2014: Ord. 4950 §8 (Exh. A) (part), 2005)

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 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. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

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 is located to the remedies and penalties of BMC 20.40.200. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

Figure 20.52(a)

Freestanding Signs: Zone-Specific Size and Design Requirements
2 

Commercial Zones

Freestanding Sign Type

Max. Height

Max. Size1,4

General Commercial (GC)

Monument only

8'3

60 sq. ft.

Neighborhood Business (NB)

Monument only

6'

60 sq. ft.

Freeway Corridor (FC)

Any

35'

150 sq. ft.

Industrial (I)

Any

25'

-

Institutional (INST)

Monument only

8'

60 sq. ft.

All Centers (except the Puget Sound Industrial Center - Bremerton)

Monument only

8'3

60 sq. ft.

Puget Sound Industrial Center - Bremerton

Any

25'

-

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.

3.    Freestanding signs fronting Wheaton Way (from Riddell Road to Sheridan Road) and Kitsap Way may increase the maximum height to fifteen (15) feet.

4.    Pursuant to BMC 20.52.100(d) co-op signage may increase the maximum size provided a transfer of development rights for the nonfronting parcel is provided (nonfronting parcel does not get a freestanding sign as the transfer of development rights was for a larger sign on the fronting parcel).

(Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 5249 §12, 2014; Ord. 5046 §6, 2008; Ord. 4977 §7, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)