Chapter 15.30 SIGN REGULATIONS

A. To protect and promote the health, safety, property, and welfare of the public, including but not limited to promotion and improvement of traffic and pedestrian safety.

B. To improve the neat, clean, and orderly appearance of the city for aesthetic purposes.

C. To allow the erection and maintenance of signs consistent with the restrictions of the South Bend sign code.

D. To prevent distraction of motorists, bicyclists and pedestrians.

E. To allow clear visibility of traffic signs and signal devices, pedestrians, driveways, intersections, and other necessary clear vision areas.

F. To provide for safety to the general public and especially for firemen who must have clear and unobstructed access near and on roof areas of buildings.

G. To preserve and protect the unique scenic beauty and the recreational and tourist character of South Bend.

H. To regulate the construction, erection, maintenance, electrification, illumination, type, size, number, and location of signs. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.010).

15.30.020 Prohibited signs.

No sign may be erected, maintained, or displayed except as expressly authorized by this chapter.

The following signs are prohibited in all zones:

A. All strings of pennants, flyers or ribbons; provided, that such devices may be displayed to make notice of the opening of a business for a period not to exceed 10 days. This section shall not prohibit seasonal decorations or seasonal banners affixed to light poles by the municipality or nonprofit organizations; nor shall it prohibit pennants, banners or flags for special business promotions for not more than 30 days.

B. Billboards, which term includes any off-premises advertisement signs except as permitted in SBMC 15.30.085(I).

C. All signs which no longer serve an ongoing business and all signs whose primary purpose is to promote a business outside the city of South Bend.

D. All signs which have no permanent attachment to a building or the ground, including but not limited to A-frame signs, pole attachments and mobile signs. In addition, signs which are posted or attached to utility poles, trees, fences, or other signs, rocks or other natural features; however, A-frame signs (sandwich boards) are permitted one per business if they are no larger than two feet wide by five feet tall, are situated in line with the telephone poles on the street and are properly weighted to withstand the usual winds that can be expected in this area.

E. All signs on the north side of Highway 101 within the city limits of South Bend, if such sign in any way obstructs the view towards the Willapa River.

F. All political campaign signs upon city-owned or leased property.

G. All signs not specifically addressed herein and contrary to the provisions of this section. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.020).

15.30.025 Conflicting provisions.

If any provisions of this chapter conflict with any law or regulation requiring a sign or notice, the law or regulation requiring the sign or notice shall prevail. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.025).

15.30.030 Definitions.

The definitions in this section apply in this chapter.

A. “Adjacent” means immediately next to and on the same side of the street.

B. “Awning” includes any structure made of cloth, metal, or similar material with a frame attached to a building that may project outwards but can be adjusted to be flat against the building when not in use.

C. “Banner” means a piece of manmade or natural cloth, plastic or similar sheeting displaying a distinctive noncommercial design, attached by one or more edges to a pole or staff or other device intended for such display.

D. “Billboards” means outdoor advertising signs containing a message, commercial or otherwise, unrelated to any use or activity of the property on which the sign is located.

E. “Building” shall include all structures other than sign structures.

F. “Bulletin board” is a surface for posting posters, cards, or notices, usually of paper, and not illuminated or electrical.

G. “Business” means the premises where a duly licensed business is conducted. Multiple businesses conducted within the same premises shall be subject to the same limits as would a single business on the same premises.

H. “Canopy/marquee” means a permanent covering structure projecting horizontally from and attached to a building, affording protection from the elements, including but not limited to cloth awnings and mansard roofs.

I. “Clearance” is the distance between the highest point of the street, sidewalk, or other grade below the sign to the lowest point of the sign.

J. “Display area” means the area of a regular geometric figure that encloses all parts of the display surface of the sign. Structural supports that do not include a display or message are not part of the display area.

K. “Erect” means to build, attach, hang, place, suspend, paint, affix, or otherwise bring into being.

L. “Externally illuminated sign” is a sign illuminated by an exterior light source that is primarily designed to illuminate the sign.

M. “Face” means any part of a sign arranged as a display surface substantially in a single plane.

N. “Grade” means the surface of the ground at the point of measurement. Height shall be measured from the lowest point of the grade immediately below the sign or any sidewalk or street within five feet of the sign and the top of the sign.

O. “Internally illuminated sign” shall mean a sign illuminated by an interior light source, which is primarily designed to illuminate only the sign.

P. “Multiple business property” means a property used for business or commercial purposes under a single ownership or control and containing less than 40,000 square feet of land area and on which three or more separate businesses or commercial enterprises are located.

Q. “Painted” includes the application of colors directly on a wall surface by any means.

R. “Person” means individuals, corporations, firms, partnerships, associations, and joint stock companies.

S. “Premises” means a lot, parcel, or tract of land.

T. “Reader board” is a sign designed so that the sign face may be physically or mechanically changed, but does not include electronic message signs.

U. “Shopping center” means any property used for business or commercial purposes under a single ownership or control having at least 40,000 square feet of land area and on which are located business or commercial improvements containing at least 20,000 square feet of floor space.

V. “Sign” means any letters, figures, design, symbol, trademark or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine or merchandise and including display surfaces and supporting structures thereof.

W. “Sign area” means the display surface, including one side only of a double-faced sign, so determined by circumscribing the exterior limits on the mass of one display erected on one sign structure with a circle, triangle or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral part of the display.

X. “Electronic message sign” means a permanent sign consisting of text, symbolic imagery, or both, that uses an electronic display created through the use of a pattern of lights in a pixelated configuration allowing the sign face to intermittently change the image without having to physically or mechanically replace the sign face, including an LED (light emitting diode) sign, as distinguished from a static image sign.

Y. “Freestanding sign” means a single- or multiple-faced sign, supported from the ground by one or more columns, uprights or braces.

Z. “Pole sign” means a freestanding sign that is mounted on a pole or other support that is not as wide as the sign.

AA. “Monument sign” means a freestanding sign in which the sign structure is at least as wide as the sign.

BB. “Mural sign” means a sign that is painted directly on the wall of a building or retaining wall, without any sign structure or additional surface.

CC. “Pedestrian sign” means a small sign designated to identify a business to a pedestrian and indicate the location of the entrance.

DD. “Portable sign” means a sign that is not attached to the ground or any structure and is movable from place to place. “Portable sign” does not include any sign carried or held by an individual.

EE. “Projecting sign” means any sign other than a wall sign which extends more than 12 inches from the facade of the building to which it is attached.

FF. “Roof sign” means a sign attached to a roof of a building, or a sign attached to a wall of a building but extending above the top edge of the wall where the sign is located.

GG. “Rotating sign” means any sign which rotates on a fixed axis.

HH. “Street” means a public right-of-way which affords a primary means of access to abutting property.

II. “Street frontage” means the side of a building facing the street.

JJ. “Surface area of facade” means the area of that continuous exterior front, side or back surface of a building, including doors and windows, but excluding any roof area.

KK. “Temporary sign” means any sign, regardless of construction materials, that is not permanently mounted and is intended to be displayed on an irregular basis for a limited period of time, not to exceed 90 days within a single calendar year, unless otherwise specified in this section.

LL. “Wall sign” means any sign attached to and supported by the wall of a building or the wall of a structure with the exposed face of the sign in a plane parallel to the plane of said wall and not exceeding 12 inches from the face of the building.

MM. “Window sign” shall mean any sign placed inside or upon a window facing the outside and which is visible from the exterior.

NN. “Sign business” means the business of constructing, erecting, operating, maintaining, leasing, or selling signs.

OO. “Sign structure” means the supports, upright braces, and framework of the sign. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.030).

15.30.035 Applicability.

This chapter shall regulate signs within the city limits of South Bend, Washington. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.035).

15.30.040 Application, permits, and compliance.

A. Except as exempted by this chapter, no person shall erect, replace, reconstruct, move, or remove any permanent sign without a sign permit, or place a temporary or portable sign without a sign permit. All signs shall comply with this chapter and any other applicable law. Any sign permit may be withdrawn for violation of this chapter or any other applicable law.

B. Written applications on city forms are required. The applicant shall provide the following information:

1. Name, address, and telephone number of the applicant.

2. Proposed sign location, identifying the property and any building to which the sign will be attached.

3. A sketch, plan, or design showing the method of attachment, structure, design, and such other information necessary to allow a determination of compliance. Nothing in this section requires the applicant to provide any information regarding the content of any message displayed on the sign.

4. Grade, height, dimensions, construction materials, and specifications.

5. Underwriters Laboratories certification in the case of an electrical sign.

6. Name and address of the person, firm, corporation, or other business association erecting the structure.

C. The city shall issue a sign permit based on a determination that the proposed sign complies with this chapter and other applicable law. Construction of the sign must be completed within 90 days after issuance of the sign permit. An extension of the 90-day period may be granted. If a sign was partially constructed and not completed within the 90-day period or any extension, the partially completed work shall be removed. Permits shall specify the location, size, and type of sign, and any conditions applicable to the sign. Permits for temporary signs and portable signs in rights-of-way shall specify the duration of the permit and/or the times when the signs may be in place.

D. When electrical permits are required, they shall be obtained and the installation approved prior to making connection to the electrical power source.

E. Permit fees shall be established by resolution of the city council, and paid with submission of the sign permit application, as follows:

1. For the erection, placement, replacement, reconstruction, or relocation of a sign. Such fee shall be supplemented by a surcharge for a mural sign that exceeds the maximum permissible size for a wall sign in the same location. Nonprofit organizations are exempt from the requirement to pay the supplemental fee for a mural sign.

2. For the repair, demolition, or removal of an existing sign and/or its supporting structure.

3. For temporary signs placed in the right-of-way. Nonprofit organizations are exempt from the requirement to pay this fee.

4. For portable signs placed in the right- of-way. Such fee shall include a monthly charge for use of the public right-of-way. Nonprofit organizations are exempt from the requirement to pay either fee required by this section. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.040).

15.30.045 Signs in public rights-of-way.

A. Except as provided in this section, permanent signs wholly located within rights-of-way are prohibited. A sign permit does not allow a sign to project into any part of any public right-of-way unless expressly stated in the permit. Each applicant shall determine the location of the public right-of-way and whether any proposed permanent sign will project into any public right-of-way. Any sign permit that allows a sign projecting into any public right-of-way shall be revocable at any time by the city with or without cause.

B. Permits are required for temporary or portable signs within rights-of-way and may be issued only if authorized in this section.

1. Permits for temporary and/or portable signs in rights-of-way may be granted if the sign is to be in place for no more than five consecutive days and no more than 10 total days in a calendar year.

2. Permits for portable signs within rights-of-way for more than five consecutive days and more than 10 total calendar days in a year may be granted if the portable sign is placed adjacent to a business location operated by the permittee, the sign is removed at all times when the business is not open, and the sign is within the following areas:

3. Permits may be granted under subsections (B)(1) and (2) of this section only if:

a. The sign is not within any vehicle travel lane;

b. The sign does not restrict clear vision areas at intersections and driveway access points; and

c. The sign does not prohibit pedestrian movement on a sidewalk.

C. The following signs are exempt from the prohibitions and requirements of this section:

1. Sign placed by the city or other governmental entity with responsibility for the right-of-way.

2. Permanent signs placed in a location where allowed by a license or easement from the city to an adjacent property owner to occupy the right-of-way. Signs allowed by this exemption must comply with all other requirements of this chapter, and the display area of the signs will be included in the calculation of the maximum display area of the adjacent property.

3. Signs not exceeding one square foot on a pole in the right-of-way placed on the pole by its owner.

D. Signs placed in WSDOT right-of-way may also require approval from WSDOT.

E. No permit may be issued for a sign in the right-of-way unless the applicant provides proof of liability insurance in an amount determined to be sufficient by the city manager. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.045).

15.30.050 Prohibited signs.

No sign shall be constructed, erected, or maintained:

A. That uses lights unless effectively screened, shielded, or utilized so as not to direct light directly into the eyes of motorists traveling on any street or highway.

B. That includes any single light bulb that creates more light than a 60-watt incandescent bulb (800 lumens).

C. That uses neon tubing on the exterior surface of a sign for sign illumination where the capacity of such tubing exceeds 300 milliamperes rating for white tubing or 100 milliamperes rating for any other color of tubing.

D. That uses flashing or intermittent light.

E. That uses any type of rotating beacon light, zip light, or strobe light, or any light not directed to or part of the illumination of the sign.

F. That is flashing, blinking, fluctuating, or animated, that has parts that are flashing, blinking, fluctuating, or animated; or that includes similar effects.

G. That uses a guy wire for support of a sign, except where there exists no other means of support for a sign otherwise conforming to the requirements of this chapter.

H. That has any visible moving parts, visible revolving parts, visible mechanical movement of any description, or any other apparent visible movement achieved by electrical, or electronic, including intermittent electrical pulsations or movement. This section does not include air dancers.

I. That is erected at the intersection of any street that substantially obstructs free and clear vision of motorists, pedestrians and cyclists, or at any location where it may interfere with, obstruct, or be confused with any authorized traffic sign.

J. While subject to these prohibitions, this section shall not be construed to prohibit electronic message signs where expressly permitted elsewhere in this chapter. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.050).

15.30.055 Projection and clearance.

A. Signs shall not project more than three feet over any public right-of-way, and in no case shall be within two feet of a traveled roadway.

B. The minimum clearance of any sign over driveways, parking lots, or public rights-of-way is 16 feet, excepting that the minimum clearance of any sign over a sidewalk is eight feet, unless the sidewalk is used as a driveway.

C. Fluttering and/or inflatable signs may not exceed 20 feet in height and four feet at the base when inflated and/or fluttering. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.055).

15.30.060 Exempt signs.

The following signs are exempt from regulation under this chapter:

A. Signs erected or maintained by or on behalf of a federal, state, or local governmental body. This exemption shall not apply to signs that are otherwise prohibited under SBMC 15.30.045 except when the sign is placed in a public right-of-way by the entity responsible for managing the public right-of-way as allowed under SBMC 15.30.045(C)(1).

B. Signs not visible from a public right-of-way or from property other than the property where the sign is located. For purposes of this section, “property where the sign is located” includes all property under common ownership, and “visible” means that the sign face is visible.

C. Building address identification number limited to 12 inches in height.

D. A permanent building identification, including building plaques, cornerstones, name plates and similar devices when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent construction.

E. Temporary political signs and signs displayed in windows of party political headquarters; provided they are removed within 14 days after election. No temporary political signs may fall into any other prohibited categories of this chapter. Signs not removed within 30 days following the date of the election for which signs are intended shall be removed by the city supervisor or building official with the candidate charged for the cost of the removal.

F. Temporary decorations customarily displayed at special holidays, such as Christmas and Independence Day; provided, they are removed within 14 days after the holiday.

G. One temporary real estate sign per listing agency (for each street frontage) located on the premises for sale, lease or rent, not exceeding an area of 12 square feet; provided, that it is removed 14 days after the sale, lease or rental of the premises.

H. One temporary sign for each street frontage denoting the architect, engineer or contractor but not including any advertisement of any product, placed upon work under construction, not to exceed 10 square feet from each firm and removed within 30 days of project completion.

I. Any sign located within a building.

J. Flags of government and commercial institutions.

K. Sculptures, fountains, mosaics, not incorporating advertising or identification of a business.

L. Signs painted directly in windows, and window signs, except as the type of sign may be specifically prohibited elsewhere in this chapter.

M. Traditional theater marquees, not exceeding 260 square feet.

N. Barber poles.

O. Any sign required to be displayed by the owner of a franchise.

P. Any existing sign having properly issued variance or permit for its installation.

Q. Any sign in existence at time of implementation of the ordinance codified in this chapter. Such a sign, whether conforming or nonconforming, shall be allowed in its present condition in the event that bringing it into conformity with the current ordinance shall exceed the sum of $200.00. However, in the event that said sign shall be deemed to present a public safety hazard by the city supervisor or building official the city supervisor or building official may elect to have said sign brought into conformity within 90 days of written notice to the owner to do so. At that time, owner of said sign must either remove the nonconforming sign or bring it up the standards outlined herein. Further, in the event the owner of a nonconforming preexisting sign shall elect to remove or replace such sign the new/replaced sign must conform to the present ordinance. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.060).

15.30.065 Partially exempt signs.

A. The following signs are exempt from the permit requirement and, except as expressly provided to the contrary, do not count towards maximum display area:

1. One sign not exceeding two square feet on each property with a separate street address, placed flat against the building.

2. In a residential zone on a property where a home occupation is legally conducted, a non-illuminated sign not exceeding two square feet in area, placed flat against the building.

3. Signs placed on post boxes.

4. Non-illuminated signs on private property oriented towards internal driveways and parking areas, not to exceed three square feet in area.

5. Signs that are an integral part a building, including those cut into any masonry surface, as well as signs integrated into the structure of a building constructed of bronze or other noncombustible materials.

6. Signs placed within a public right-of-way placed by the public entity with responsibility for administering the right-of-way.

7. Flags.

8. Historical signs more than 75 years old.

B. Each religious institution is allowed to have, in addition to signage otherwise allowed, additional signage not to exceed 48 square feet in area, including each face of any multiple-faced sign. No single sign face may exceed 24 square feet, except reader boards, which may not exceed 32 square feet, and bulletin boards, which may not exceed 16 square feet. The sign(s) allowed by this subsection are exempt from the maximum total display area standard.

C. Each community center and educational institution is allowed one reader board not exceeding 32 square feet in area in addition to other allowed signs. The sign allowed by this subsection is exempt from the maximum total display area standard.

D. Temporary signs complying with all of the following are permitted in all zones without a permit, in addition to any other permitted signs:

1. The signs must be entirely on private property and outside of any vision clearance areas.

2. The signs do not exceed 20 square feet of display area or any horizontal or vertical dimension of eight feet.

3. They are erected or maintained with the consent of the person or entity lawfully in possession of the premises and any structure to which they are attached.

E. One temporary portable sign per business placed on private property is permitted. Temporary portable signs shall be made of permanent, durable materials and shall be maintained in a good condition. Temporary signs (portable and attached) in the aggregate may not exceed 24 square feet for all display area surfaces on a single property. Temporary signs shall not be included in the calculation of total maximum display area. All portable signs shall be weighted, anchored, or constructed so that they will not move or collapse in the event of wind, or otherwise create a hazard. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.065).

15.30.070 Vehicle signs.

Any sign attached to or imprinted upon a validly licensed motor vehicle operating legally upon the streets and highways of the state of Washington is exempt from this chapter while the vehicle is traveling upon any street or highway, or while such vehicle is parked to carry out an activity incidental to interstate commerce, but is otherwise not exempt unless:

A. The sign is painted or otherwise imprinted upon, or solidly affixed to, the surface of the vehicle, with no projection at any point in excess of six inches from the surface of the vehicle.

B. The vehicle, with the sign attached, complies with all applicable requirements of the Motor Vehicle Code required for the lawful operation thereof. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.070).

15.30.075 R-1, restricted residential use district and R-2, residential use districts.

In all restricted residential use districts and residential use districts, the following signs are allowed:

A. One non-illuminated sign not exceeding two square feet.

B. One non-illuminated temporary sign not exceeding eight square feet in area.

C. One non-internally illuminated sign not exceeding 20 square feet in area placed flat against the building for each apartment complex.

D. Content of signs shall be limited to identification of business, major enterprise, products or services available on the premises. A sign may utilize changeable copy; provided, that the copy is limited to identification of products sold and services offered or contains a community service message. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.075).

15.30.085 C, commercial use district, C-N, neighborhood commercial use district and I-I, industrial districts.

In commercial use districts, neighborhood commercial use districts and industrial zoning districts, signs are allowed subject to the following parameters:

A. The maximum total area for roof and wall signs is two square feet of display area for each lineal foot of street frontage.

B. Content of signs shall be limited to identification of business, major enterprise, products or services available on the premises. A sign may utilize changeable copy; provided, that the copy is limited to identification of products sold and services offered or contains a community service message.

C. The maximum total area for projecting and freestanding signs is one square foot of display area for each lineal foot of street frontage. Projecting and freestanding signs having two sides facing in opposite directions shall be counted as having only one face, which shall be the larger of the two faces if not of equal size. Only the larger face of back-to-back signs within two feet of each other and signs on opposite parallel ends of awnings shall be counted towards total maximum size.

D. Each street frontage of a business shall be limited to not more than two signs, only one of which may be other than a wall sign unless there is more than 200 lineal feet of street frontage, in which case one additional sign is permitted. Flags shall be spaced 20 feet apart. Where a property contains an electronic message sign, only one freestanding sign is permitted. Flags and pennants do not fall under this restriction.

E. Electronic message signs on properties with no more than one freestanding sign of up to 20 feet in height, provided the electronic message sign:

1. Is less than or equal to 35 percent of the total allowable sign area per sign face.

2. Displays text, symbolic imagery, or a combination thereof for a period of time in excess of five minutes before a change occurs. This provision does not apply to the display of time, date and temperature information.

3. Changes the entire display text, symbolic imagery, or combination thereof within two seconds.

4. Is turned off between the hours of 11:00 p.m. and 6:00 a.m. unless the sign is associated with a business that is open to the public, in which case the sign may stay illuminated until the business is closed.

5. Does not contain or display animated, moving video, flashing, or scrolling messages.

6. Contains a default mechanism that freezes the sign in one position if a malfunction occurs.

7. Automatically adjusts the intensity of its display according to natural ambient light conditions.

8. Adheres to a maximum night-time illumination standard of 0.3 foot-candles as measured from a distance, in lineal feet, from the sign that is equivalent to the square root of the display area, in square feet, multiplied by 100.

F. Canopy/marquee signs may be mounted on the front or front outer top edge of a marquee/canopy, parallel to the street frontage; provided, that the sign shall not exceed a vertical distance of two feet above the front outer top horizontal edge of the canopy or marquee and, further, the sign shall not extend below the front outer bottom horizontal edge of the marquee or sides of the canopy/marquee. All supporting mechanisms must be concealed from view; or a sign may be mounted on the side of a canopy/marquee, provided it does not extend above the top of the side.

G. A pedestrian sign attached to the underside of a canopy/marquee shall be at a right angle to the plane of the building facade and not to exceed beyond the outer edge of the canopy/marquee. A clearance of not less than eight feet from the underlying sidewalk shall be maintained.

H. Projecting signs may be mounted at a right angle to the plane of the building facade; provided the sign shall not extend more than eight feet from the building facade, be no larger than 32 square feet in area and in all cases shall be set back two feet from street curb faces. In the event said projecting sign is 14 feet or higher (measured to the bottom of sign) this two-foot setback may be waived and said sign shall be allowed to extend to the existing curb face; further provided, signs occurring under canopy/marquees shall be governed by the requirements for pedestrian signs in subsection (G) of this section. Projecting signs not occurring under canopy/marquees shall maintain a clearance of not less than eight feet from the underlying sidewalk.

I. Billboards, which term includes any off-premises advertisement signs, shall be permitted only for businesses with no frontage on Highway 101 and only for businesses oriented predominately toward tourist business. All billboards must comply with this section.

1. Shall be only illuminated indirectly.

2. Any alternate “off-premises” signs may be a metal sign designed in conformance with the Manual of Uniform Traffic Control Devices. Said sign shall be permitted only for off-highway tourist related businesses; use white lettering and/or symbols on a blue background and identify the service(s) by one word or symbol, the name of the business and simple directions.

J. Window signs shall not exceed 16 square feet in area. Window signs are not included in the calculation of total display area.

K. Mural signs.

L. Flags, banners and pennants.

M. Inflatable air dancers.

N. Each street frontage of a business shall be limited to no more than 200 square feet of display area for all non-exempt signs other than mural signs.

O. Notwithstanding any limitation on total sign area, each separate business is allowed at least 50 square feet of display area.

P. The maximum display area allowed shall be adjusted based on distance from the nearest property line.

Q. The maximum height of all signs other than mural signs shall be no greater than 35 feet above grade.

R. The maximum horizontal or vertical dimension of the display surface of any sign other than mural signs shall not exceed:

1. Thirty-five feet for freestanding and roof signs on properties adjacent to Highway 101 that are located at least 125 feet from the centerline of the highway and at least 76 feet from the centerline of any other street.

2. Fifty feet or the width of the wall for wall sign horizontal dimension.

3. Except as otherwise provided by this chapter, the maximum horizontal or vertical dimension of any display surface shall not exceed 20 feet. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.085).

15.30.090 Signs in shopping centers.

For shopping centers and multiple business properties, the number and size of signs are governed by this section.

A. The maximum number of freestanding signs on shopping center properties is two and the maximum number of freestanding signs on multiple business properties is one.

B. The maximum number of wall signs for shopping centers and multiple business properties is one per street frontage.

C. Content of signs shall be limited to identification of business, major enterprise, products or services available on the premises. A sign may utilize changeable copy; provided, that the copy is limited to identification of products sold and services offered or contains a community service message.

D. For both shopping centers and multiple business properties, the maximum total display area of all freestanding and wall signs is one square foot for each lineal foot of street frontage, with a maximum of 200 square feet per sign. Only one side of a double-faced freestanding sign shall be included in the calculation of display area; provided, that the sign faces are 180 degrees opposed and separated by two feet or less.

E. In addition to the signs allowed by subsections (A) through (C) of this section, each individual business may erect wall signs on the premises controlled by the individual business of up to two square feet of display area for each lineal foot of frontage. For the purposes of this subsection, the term “frontage” means the distance, measured in a straight line, along any one wall of the business premises facing and providing public access to the separate premises of the business. Where a business has entrances allowing public access on more than one frontage, wall signs may be erected for each frontage, but the display area maximum shall be calculated separately for each frontage.

F. The provisions of SBMC 15.30.085 for signs in commercial and industrial districts apply to shopping centers and multiple business properties except as modified by this section. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.090).

15.30.100 Construction and safety requirements.

All signs shall be well constructed in accordance with all applicable codes and requirements of law and shall be maintained in a safe, neat, and clean condition. Signs that are not in good repair or condition through deterioration or other reasons are prohibited and shall be either repaired or removed. If not repaired or removed by the owner, signs that are not in good repair or condition may be abated as authorized by this code. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.100).

15.30.105 Dangerous and abandoned signs.

A. Any sign or structure that is a nuisance or a dangerous structure may be abated as provided by city ordinances governing nuisances and dangerous structures. If the city supervisor or building official determines that any sign or sign structure constitutes an immediate threat, danger, or hazard to life, health, or property, the city supervisor or building official may take any action necessary to immediately abate the risk, pursuant to the police power of the city of South Bend and without prior notice.

B. Any sign that has been abandoned or reasonably appears to be abandoned constitutes a hazard and may be abated as provided in subsection (A) of this section.

C. Any flags, pennants and/or banners that the city deems as frayed, shredded, faded and/or deteriorated will be removed by the property owner upon receipt of proper notice by the city. A notice of removal shall be sent to the owner notifying said owner that the flag, pennant and/or banner will be removed within 20 days of the notice. If the owner is unknown to the city, no notice is required and the flag, pennant and/or banner may be destroyed if unclaimed after 20 days from the date of removal by the city. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.105).

15.30.110 Removal of signs in rights-of-way.

Any unauthorized sign in a public right-of-way may be removed immediately without notice by the city and removed to a place of storage. A notice of removal shall be sent to any owner of the sign known to the city, notifying the owner that the sign will be destroyed unless the owner claims the sign within 20 days of the notice. If the owner is unknown to the city, no notice is required and the sign may be destroyed if unclaimed after 20 days from the date of removal. No sign removed from the right-of-way shall be returned to the owner unless the owner pays a removal fee to the city in an amount set by council resolution. If the city reasonably estimates the value of the sign materials to be less than $10.00, the city may immediately dispose of any sign left in the right-of-way without notice. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.110).

15.30.115 Remedies.

A sign erected or maintained in violation of this chapter is a nuisance and a civil infraction. The city may pursue any one or more of the legal, equitable administrative and self-help remedies legally available to it. All remedies of the city, both as a governmental body and otherwise, are cumulative. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.115).

15.30.120 Nonconforming signs.

A. The purpose of this section is to discourage nonconforming signs and to work toward eliminating or removing nonconforming signs or bringing them into conformity with this chapter. Nonconforming signs shall not be enlarged, expanded or extended, nor used as grounds for adding other structures or signs otherwise prohibited.

B. A nonconforming sign may not be altered as to size, message, or construction, except that common and ordinary maintenance to maintain the sign in a good and safe condition is allowed, including incidental structural repair or replacement.

C. If a nonconforming sign is damaged or destroyed by any cause including normal deterioration to the extent that the cost of repair shall exceed 50 percent of the replacement value of the sign, the sign may not be repaired or restored, and may be replaced only by a sign conforming to the provisions of this chapter. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.120).

15.30.125 Content and interpretation.

This chapter does not regulate the content of signs and shall be interpreted as not regulating content. This chapter shall be interpreted if at all possible to be consistent with constitutional protection of expression, and any provision that unconstitutionally restricts expression shall not be enforced, and the remainder of the provisions shall continue to be applicable and shall be applied constitutionally. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.125).

15.30.130 Variance requirements.

Any person may seek a variance to the numerical provisions of this chapter by filing a written application. The procedure and process applicable to zoning adjustments and variances (including but not limited to the notification process, public hearing process, conditions of approval, time limitations, and revocation of permits as applicable for the type of adjustment or variance requested) shall be followed. The fee shall be the same as for a zoning adjustment or variance. The criteria for the sign variance shall be as specified below. In addition to the requirements for submitting a zoning adjustment or variance, a sign inventory including the location, type, and size of each sign on the property shall be submitted with the application.

A. All sign variance applications that propose to increase the number or size of signs or propose a variance from any other numerical standard shall be determined by the planning commission using the zoning variance procedure, based on a determination that the proposed variance is the minimum necessary to alleviate special hardships or practical difficulties faced by the applicant and that are beyond the control of the applicant.

B. All sign variance applications based on a change in a sign or signs that decreases but does not eliminate an existing nonconformity shall be determined by the planning commission, based on a determination that the proposal will result in a reduction of the nonconformity without increasing any aspect of nonconformity. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.130).

15.30.135 Notice.

Any notice required to be given by this chapter shall be given either to the owner or lessor of a sign or to the owner of the property on which the sign is located. In the event notice is given to the owner or lessor of the sign, the notice shall be given either by personal service or by certified mail, return receipt required, to the name of the owner or lessor as shown on the application for a sign permit. If there is no application for a sign permit on file with the city, the notice shall be given, either by personal service or by certified mail, return receipt required, to the person in whose name the property stands, according to the records of the Pacific County assessor. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.135).

15.30.140 Enforcement.

A. It shall be the duty of the city supervisor or building official to administer all provisions of this chapter. It shall be the duty of the chief of police to enforce all provisions of this chapter, upon notification by the city supervisor or building official of a violation of this chapter.

B. No oversight or dereliction on the part of the city supervisor, building official or any employee of the city vested with the duty or authority to issue permits or licenses, nor issuance of a license in conflict with the provisions of this chapter, shall legalize, authorize, waive or excuse the violation of any of the provisions of this chapter nor shall it stop the city from enforcing the terms of this chapter. Any permit or license issued in violation of this chapter shall be null and void.

C. In the event any person, firm or corporation shall use, erect, construct, move or alter, or attempt to use, erect, construct, move or alter any sign in violation of the provisions of this chapter the same is declared a public nuisance, against which the city may prosecute the action in a court of competent jurisdiction seeking an injunction against the continuance of such nuisance. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.140).

15.30.145 Violations.

A violation of this chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00, or 90 days in jail, or both such fine and imprisonment. The penalty for a second or subsequent violation within two years may be up to $1,000. A violation occurs on the date of the occurrence of the act constituting the violation. Each violation is a separate infraction and each day in which a violation occurs or continues is a separate infraction. (Ord. 1532 § 5, 2018; Ord. 1498, 2015. Formerly 16.65.145).