Chapter 17.63
SIGNS

Sections:

17.63.010    Purpose.

17.63.014    Definitions.

17.63.020    General provisions.

17.63.025    Permit required.

17.63.027    Exceptions.

17.63.030    Review of signs/design standards.

17.63.040    Residential district sign regulations.

17.63.050    Permanent identification signs for commercial, business, and industrial developments.

17.63.052    Permanent identification signs for developments in areas zoned MR-NB.

17.63.055    Permanent identification signs for developments in areas zoned B-1 and C-1 and located in Downtown on Fairhaven Avenue and Victoria Avenue.

17.63.060    On-site traffic control and directories.

17.63.065    Electronic changing message sign requirements.

17.63.070    Temporary display and portable signs.

17.63.080    Off-premises signs.

17.63.085    Prohibited signs.

17.63.090    Variances.

17.63.010 Purpose.

The purpose of this chapter is to establish standards for the regulation of signs, to assist businesses in contributing to the economic well-being of the community by increasing the overall effectiveness of visual communications, to provide a harmonious relationship of urban graphics and their settings, and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community’s appearance. (Ord. 1694 § 11, 2009; Ord. 1382 § 1, 1998; Ord. 1158 § 4, 1990).

17.63.014 Definitions.

For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this chapter:

“Abandoned sign” means a sign structure that has ceased to be used, and the owner or lessor of the sign structure intends no longer to use the sign structure for the display of sign copy, or as otherwise defined by state law. It shall be a rebuttable presumption that a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found, is an abandoned sign.

“Animated sign” means a sign employing actual motion or the illusion of motion. Note that animation is prohibited per BMC 17.63.085(B)(2), except for temporary signs in BMC 17.63.070. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:

1. “Electrically activated” means animated signs producing the illusion of movement by means of electronic, electrical, or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

a. Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.

b. Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

2. “Environmentally activated” means animated signs or devices motivated by wind, thermal changes or other natural environmental input, including spinners, pinwheels, pennant strings, and/or other devices or displays that respond directly to naturally occurring external motivation. Time or temperature displays shall not be construed as a direct response to the natural environment.

3. “Mechanically activated” means animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

“Area” or “surface area” of a sign means the area of a sign excluding sign support structures, which do not form part of the sign proper or the display. Surface area shall be measured as follows:

1. The surface area of the sign is determined by the height times the width of a typical rectangular sign or other appropriate mathematical computation of surface area for nonrectangular signs.

2. Surface area includes only one face of a double-faced sign where the faces of the sign are parallel. If any face is offset from parallel by more than five degrees, such face shall be counted as a separate surface area.

3. Surface area of a sign with more than two faces, such as a cube or pyramid, shall be calculated as the sum of the surface area of all faces, divided by two.

4. In the event of an irregular, three-dimensional object that serves as signage, where the surface area is not readily measurable, the surface area shall be calculated by the largest area of the three-dimensional object visible from any one viewing angle.

Figure 1. Sign Surface Area Calculation

“Awning” means a roof-like cover that projects from the wall of a building for the purpose of shielding a door or window from the elements.

Figure 2. Awning

“Awning sign” means any sign erected upon, or against, an awning.

“Banner” means a flexible substrate on which copy or graphics may be displayed, including blade banners.

“Banner sign” means a sign utilizing a banner as its display surface.

“Billboard” means an outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located, and which is customarily leased for commercial purposes, but not including attached directional signs (not within the billboard face) as defined herein. Billboards are regulated in BMC 17.63.080(A).

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building-mounted sign” means a single- or multiple-faced sign of a permanent nature, made of rigid material, attached to the facade of a building or the face of a marquee.

Figure 3. Building-Mounted (Wall) Sign

“Canopy” means a multisided overhead structure or architectural projection that provides protection from the elements to persons or property. The surface(s) or soffit may be illuminated by means of internal or external sources of light. This includes marquees.

“Canopy-mounted sign” means any sign or awning erected upon or against a canopy, including marquee-mounted signs.

“Changeable sign” means a sign with the capability of content change by means of manual or remote input without reworking, repainting, or otherwise altering the physical composition of the sign, including signs which are:

1. Electrically Activated. A changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also “electronic message sign or center.”

2. Manually Activated. A changeable sign whose message copy or content can be changed manually.

“Development complex sign” means a free-standing sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with BMC 17.63.050.

“Directional sign” means any sign that is limited to the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. Directional signs typically indicate entrances, exits, one-way circulation, drive-up windows, or provide similar types of information.

“Double-faced sign” means a sign with two faces, back to back.

“Electric sign” means any sign activated or illuminated by means of electrical energy.

“Electronic message sign or center” means an electrically activated changeable sign whose variable message capability can be electronically programmed. The electronic sign includes text and/or graphic messages that may change every few seconds. Advertising messages may contain words, phrases, sentences, symbols, trademarks and logos. See BMC 17.63.065 for requirements regarding electronic signs.

“Exterior sign” means any sign placed outside a building.

“Facade” means the exterior wall face of a building, extending from the ground to the top of the parapet or eaves, but not including any portion of the roof. Each side of a building (i.e., each architectural elevation) is considered one facade (see Figure 4). For buildings with more than one occupant, the facade for each occupant shall be that portion of the exterior wall face between the points where the interior walls between tenants intersect with the exterior wall.

Figure 4. Facade

Flashing Sign. See “animated sign, electrically activated.”

“Freestanding sign” means a sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. Freestanding signs include those signs otherwise known as pedestal signs, pole signs, pylon signs, and monument signs.

Figure 5. Freestanding Sign

“Frontage (building)” means the length of an exterior building wall or structure of a single premises oriented to the public way or other properties that it faces as determined by the planning director.

“Height of sign” means the vertical distance from the adjacent ground level to the highest point of a sign or, in the case of freestanding signs, to any vertical projection thereof including its supporting columns.

“Holographic display” means any display that creates a three-dimensional image through projection.

“Illegal sign” means a sign that does not meet the requirements of this chapter and has not received legal nonconforming status.

“Illuminated sign” means a sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).

“Inflatable object” means an inflatable object larger than 18 inches in diameter, such as a blimp, large air balloon, or inflatable sport equipment, used to attract attention to a special event or grand opening.

“Informational sign” means a single- or double-faced sign intended primarily for the safety and convenience of the public or to ensure the orderly operation of the site, including but not limited to signs designating restrooms, address numbers, hours of operation, business directories, help wanted, public telephones, and instructions regarding parking.

“Interior sign” means any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.

“Monument sign” means a ground-mounted, fixed sign. The base (not included in the sign surface area calculation) is attached to the ground as a wide base of solid construction.

Figure 6. Monument Sign

“Multiple-tenant development” means a group of structures housing at least one retail business, office, commercial venture, or independent or separate part of a business or a single structure containing more than one business with separating walls and at least one outside access for each business which shares a common lot, access, and/or parking facility.

“Noncommercial public service sign” means a noncommercial sign devoted to religious, charitable, cultural, governmental, or educational messages including, but not limited to, the advertising of events sponsored by a governmental agency, a school, church, civic or fraternal organization or other organizations.

“Portable sign” means a movable sign that is not permanently attached to a structure or the ground. Portable signs include A-frame signs and signs mounted on a portable base, but not portable readerboards.

“Readerboard” means a sign or part of a sign on which the letters are replaceable by manual means, such as changing magnetic letters on a sign board.

“Roof sign” means a sign or sign structure erected above a roof, parapet, canopy, or porte cochere of a building or structure.

“Sign” means all surfaces/structures (permitted, exempt, or prohibited) regulated by this chapter that have letters, figures, designs, symbols, trademarks or devices intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever.

“Sign, off-premises” means a sign which displays a message relating to a use of property or sale of goods or services at a location other than that on which the sign is located.

“Sign, on-premises” means a sign which displays a message which is directly related to the use of the property on which it is located.

“Traffic control devices” means signs, signals, directional symbols, and similar devices specifically intended to direct traffic to, from, and within a site.

“Walking advertisers” means persons carrying or wearing portable advertising signs or costumes designed to advertise a business, event, sale or season/holiday with a permit describing location, supervision and public safety. (Ord. 1706 § 1, 2010; Ord. 1694 § 12, 2009).

17.63.020 General provisions.

A. Conflicting Standards. Signs shall be allowed subject to the provisions of this chapter, except when these provisions conflict with the specific standards for signs in a subject district or in a separately adopted design plan relating to the property.

B. Signs Subject to State Approval. All signs visible to the traveling public from state highways are subject to the regulations and permit requirements of the State Department of Transportation. Where the regulations of the state and city differ, the more restrictive regulations shall govern.

C. International Building Code. All signs for which a building permit is required shall comply with the provisions of the International Building Code as adopted in chapter 15.04 BMC, and be subject to approval of a building permit.

D. Address Display. The signing program for a multifamily, commercial or industrial development shall include the display of street numbers for the development on the sign, support structure, or building where it can be seen from adjacent roads, as specified in BMC 15.10.060.

E. Sign Clearances. A minimum of eight feet above sidewalks and 15 feet above driveways shall be provided under freestanding or projecting signs.

F. Setbacks. Signs shall be situated in a manner so as not to adversely affect safety, corner vision, public rights-of-way, improvements or future improvements, easements, or other similar conditions.

G. Illuminated Signs.

1. Internally illuminated signs, or lights used to indirectly illuminate signs, shall be placed, shielded or deflected so as not to shine into residential dwelling units or structures or impair the vision of the driver of any vehicle.

2. No colored lights shall be used at any location or in any manner which may be confused with or construed to be traffic signals or control devices, or lights on an emergency vehicle.

3. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a public right-of-way used for vehicular traffic which system contains or utilizes:

a. Any exposed incandescent lamp with a wattage in excess of 25 watts unless a dimmer or sun screen is attached;

b. Any exposed incandescent lamp with an internal or external metallic reflector;

c. Any continuous or sequential flashing operation.

4. All lighted signs shall have low or soft illumination or be shielded.

H. Moving Signs. No sign, sign structure, or portion thereof, shall be designed to rotate, flutter, or appear to move, except as specifically provided in this code.

I. Maintenance. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and be maintained in a safe condition. All signs and the sites upon which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from rust, corrosion, peeling paint, or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted.

J. Preexisting Signs. Signs and sign structures existing prior to the effective date of the ordinance codified in this chapter, which complied with applicable regulations existing when the sign was established, but which do not comply with one or more of the requirements of this chapter, shall be subject to the provisions of chapter 17.66 BMC for nonconforming uses, except:

1. Alteration to a nonconforming sign which reduces or does not increase its noncompliance with the provisions of this chapter, including changes in display surface, sign area, height and setback, may be allowed subject to review under the provisions of BMC 17.63.030; and

2. Sign copy which identifies or advertises a business, product or service no longer located on the same site or premises on which the sign is posted shall be replaced, or removed, within one month of the change in occupancy or vacancy of the premises. Failure to use the copy area of a nonconforming sign for purposes permitted under this section for a period of more than 12 consecutive months shall constitute a discontinuance of a nonconforming use, as provided in chapter 17.66 BMC, and such sign shall be removed or modified to satisfy all applicable requirements of this chapter and the underlying district. (Ord. 1694 § 13, 2009; Ord. 1382 § 2, 1998; Ord. 1158 § 5, 1990).

17.63.025 Permit required.

A. No sign shall hereafter be erected, re-erected, constructed, refaced, altered or repaired except as provided by this chapter and a permit for same has been issued by the planning director, unless such sign is excepted in accordance with BMC 17.63.027. A separate permit shall be required for a sign or signs for each individual business establishment. Thereafter, each additional sign erected on the structure must have a separate permit.

B. Applications for sign permits shall be made to the planning director upon building permit forms provided by the city. Applications for sign permits shall be accompanied by:

1. Two site (plot) plans showing the location of the affected lot, building or buildings, and sign or signs, showing both existing signs and awnings and the proposed sign;

2. Two copies of a scale drawing of the proposed sign or sign revision, including size, height, copy, structural and footing details, material specifications, methods of attachment, illumination, landscaping, front and end views of awning, sample of canvas, soil, seismic and wind calculations, photograph of site and building marked to show where sign or awning is proposed, and any other information required to ensure compliance with appropriate laws;

3. Written consent of the owner of the building, structure, or property where the sign is to be erected, if not the applicant;

4. A permit fee per current fee resolution. (Ord. 1694 § 14, 2009).

17.63.027 Exceptions.

The following shall not require a permit. These exceptions shall not be construed as relieving the owner of any sign for the responsibility of its erection, maintenance, removal, and its compliance with the provisions of this chapter or any other law or ordinance regulating the same.

A. Address sign, allowed without permit when all conditions are met:

1. One sign allowed per street frontage displaying the street number and/or name of the occupant of the premises;

2. Such signs may be attached to the building or may be on a post no more than four feet high, and set back at least three feet from the public right-of-way;

3. Such signs may include identification of an on-premises professional office;

4. Such signs may not exceed two square feet in area;

5. Such signs shall be limited to a maximum letter height of eight inches.

B. Construction/contractor sign, allowed without permit when all conditions are met:

1. One construction/contractor sign allowed for each street frontage of site under construction;

2. Excepted signs shall not exceed eight square feet in area and 10 feet in height;

3. Signs may denote the architect, engineer, and/or contractor(s);

4. Signs shall not be illuminated;

5. Signs must be set back a minimum distance of five feet from the frontage road and 10 feet from adjoining properties unless exceptions are made by the planning director;

6. Signs may be posted during such times as a duly issued building permit for the project remains valid.

C. Incidental Signs. Emblems, decals, and other similar signs indicating membership in organizations, acceptance of credit cards, brand names of items sold, and other such information which pertains to the business or proprietor of the business located on the premises may be displayed on any window or door.

D. Directional/informational signs, allowed without permit when all conditions are met:

1. Directional/informational signs must be located on premises;

2. Excepted signs may not exceed four square feet in area per face; two face maximum;

3. Signs may not contain advertising except as necessary to convey directions;

4. Signs shall be nonelectrical and nonilluminated.

E. Flags, allowed without permit when all conditions are met:

1. Flags must be of a country, state, city or other governmental body;

2. Flags must not exceed 35 square feet in area.

F. Garage/yard sale signs, allowed without permit when all conditions are met:

1. Two movable garage/yard sale signs allowed per sale;

2. Signs shall not exceed six square feet per sign face or two signs on sticks not exceeding four square feet per sign face;

3. Sale shall not be advertised for a period exceeding three days;

4. Signs may be placed on public street right-of-way or private property with owner’s permission;

5. Signs shall not be placed on public utility poles.

G. Land Use and Construction Sign – Public Notification Signs. Signs on private property for public notification of major land use or construction activity.

H. Nameplates (residential signs), allowed without permit when all conditions set forth in BMC 17.63.040 are met.

I. Public Service Information Sign. Signs of public service companies and governmental agencies indicating danger and/or service and safety information.

J. Temporary signs advertising the sale, lease or rental of property, or identifying the developer, lease agent or builder, or advertising a legally recorded subdivision in its entirety, or real estate signs for individual lots, may be allowed subject to the following conditions (the regular use of temporary signs is further addressed in BMC 17.63.070):

1. Shall pertain only to the property upon which they are located, except for small directional signs;

2. Shall observe the setback and corner vision provisions of this chapter;

3. Shall not be illuminated;

4. Only one such sign shall be permitted on the premises;

5. Such signs shall be removed from the premises within two weeks after the premises are sold, leased, or rented. Signs pertaining to recorded subdivisions shall not remain on the premises in excess of 18 months from the date of filing of the subdivision;

6. Shall be of a size commensurate with the size of the property or premises being advertised.

K. Real estate, on-premises for sale, lease or rent, allowed without permit when all conditions are met:

1. One temporary, on-premises for sale, lease or rent sign is allowed for each street frontage of the premises, not to exceed two;

2. Signs shall not exceed six square feet in area, maximum height four feet;

3. Signs shall offer the immediate premises for sale, lease or rent;

4. Signs may remain in place on premises until 10 days after the property is sold, rented, or leased;

5. Small directional signs may be placed at the end of the block where listed with the property owner’s permission.

L. Temporary Window Signs. Posters and other signs of a temporary nature which advertise or inform the public of current prices or events may be displayed on the inside of any window or door of a business located in a commercial, business, or industrial district, covering a maximum of 20 percent of the window or door area.

M. Within a Building. Any sign which is located within a building and which is clearly intended to be visible primarily to people located within the building.

N. See BMC 17.63.070 for community and special event exemptions. (Ord. 1694 § 15, 2009).

17.63.030 Review of signs/design standards.

Except as otherwise provided for temporary, portable, and political signs, and billboards, under BMC 17.63.070 and 17.63.080, the size, design, color, lighting and location of signs and supporting structures for all signs shall comply with the following provisions, in addition to other applicable provisions of this chapter:

A. Legibility. All forms of sign copy shall be of a size, color, style, spacing, and shape to produce a legible, concise, and uncluttered message as viewed from adjacent public roads or from an internal circulation road or walkway towards which it is oriented.

B. Design. Signs shall be designed using shapes, graphics, colors, materials, and lighting which are coordinated, integrated into, and a natural extension of the design of the building, development or business identified. On-building signs shall be incorporated into the design of the building, and shall not be placed in locations which interrupt, detract from or change the architectural lines of the building.

C. Coordination. In multibusiness developments, every effort shall be made to coordinate the size, placement, and colors of signs to promote a pleasing image and avoid a confusing, cluttered appearance, while retaining individual business identity through the use of letter style, logos or symbols. An overall sign program addressing the requirements of this section shall be required for multitenant developments, and it shall be the responsibility of the owner/manager of the development to inform all tenants of the requirements of the approved sign program.

D. Sign Structure. When visible, the supporting structure of the sign shall be incorporated into the overall sign design, and shall be in scale with the sign. The sign structure, and any street numbers included on the sign structure, shall not be counted for purposes of determining sign area. (Ord. 1694 § 16, 2009; Ord. 1382 § 3, 1998; Ord. 1340 § 1, 1997; Ord. 1158 § 6, 1990).

17.63.040 Residential district sign regulations.

A. Residential nameplates:

1. Shall not exceed two square feet.

2. Only one such sign shall be permitted on the premises.

3. May be mounted on the residence or accessory structure to the residence.

4. May be illuminated by indirect lighting only.

B. Signs for home occupations:

1. Shall not exceed six square feet (24 inches by 36 inches).

2. Shall be located inside the dwelling or located flat against the dwelling within which the home occupation is conducted or may be located within 10 feet of the house in a yard if approved by the planning commission for location and design, with a maximum height of four feet, six inches to the top.

3. Only one such sign shall be permitted on the premises and no variances shall be allowed.

4. May be illuminated by indirect lighting only.

C. Signs identifying multifamily developments or subdivisions:

1. Only ground-mounted signs shall be allowed, and shall not exceed a size of 30 square feet, as viewed from a single direction, and shall not exceed a height of five feet above the finished ground elevation of the development in that location.

2. No more than one ground-mounted identification sign shall be allowed for a development or complex, even when more than one tax lot or ownership is included in the development, except as follows:

a. When an additional sign is needed to provide identification of the development at major public access points located on two different roads; or

b. When two single-faced signs oriented in two different directions are proposed in lieu of a two-sided identification sign.

c. In business park developments, additional signage may be permitted to identify the residential portions of the development, as well as the commercial or industrial portions.

3. On-building signs shall be reviewed as part of the architecture of the building, including size, color, type of lighting and location.

4. Directional signs within the development shall not exceed three square feet, except as provided in the district.

5. Internally illuminated signs may be allowed subject to BMC 17.63.020(G).

6. Setback. Signs shall be situated in a manner so as not to adversely affect safety, corner vision, public rights-of-way improvements or future improvements, easements, or other similar conditions.

D. Signs for noncommercial public service uses such as schools, churches, hospitals and similar uses:

1. Only one freestanding or ground-mounted sign shall be allowed on the premises, and shall not exceed 24 square feet per side.

2. On-building signs shall be allowed subject to the criteria under BMC 17.63.050 (C).

3. Readerboard signs that are not electronic are allowed; provided, that the area of the readerboard shall be included within the total allowable square footage for signage; and provided, that illuminated readerboards in residential zones shall be turned off between 10:00 p.m. and 6:00 a.m. (Ord. 1694 § 17, 2009; Ord. 1382 § 4, 1998; Ord. 1340 § 2, 1997; Ord. 1158 § 7, 1990).

17.63.050 Permanent identification signs for commercial, business, and industrial developments.

A. Freestanding pylon signs oriented to off-site circulation identifying the uses on the premises in areas zoned B-1, B-P, C-1, C-2 and M-1 and not located on East Fairhaven Avenue or East Victoria Street or connecting side streets (downtown) shall be allowed subject to the following conditions:

1. Only one development complex sign shall be allowed for a multiple-occupancy development, even when more than one tax lot or ownership is included in the development, unless:

a. Up to two additional signs are needed to provide identification of the development at major public access points located at different major arterials; and/or

b. When two single-faced signs oriented in two different directions are proposed in lieu of a two-sided identification sign.

2. Maximum sign height:

a. General: 25 feet.

b. Businesses located within 500 feet of an I-5 freeway interchange which cater to the traveling public, such as gas stations, freeway oasis uses, restaurants, and motels, may be allowed one freeway-oriented sign not to exceed 50 feet in height.

c. Business, commercial, or industrial sites with freeway frontage may have a freeway-oriented sign not to exceed 45 feet in height.

3. Maximum sign area:

a. General. Fifty square feet as viewed from one direction.

b. Sign area may be increased by an additional 30 square feet if the site is larger than one-half acre.

c. Sign area may be increased by an additional 30 square feet if identification of more than one use within a development is included on the sign.

d. Sign area may be increased by an additional 30 square feet if the sign uses natural materials (carved or sand-blasted wood, or marble or stone) and indirect illumination.

e. Sign area may be increased by an additional 30 square feet if there is a need for identification at a great distance, or by traffic moving at high speeds, as in the case of traveler services and “freeway oasis” uses, or uses with freeway frontage. The size of any such sign, or portion thereof, exceeding the 25-foot level, as provided under subsection (A)(2) of this section, shall not exceed a maximum of 80 square feet unless other factors under subsections (A)(3)(b), (c), (d) and (e) of this section apply.

f. Sign area may be increased by a maximum of 20 square feet for time and temperature only if a time and/or temperature display is incorporated in the design of the sign, as further regulated in BMC 17.63.065.

g. For developments over 30 acres in size, an additional 30 square feet of sign area is allowed for each tenant larger than 10,000 square feet in size up to a maximum of 350 square feet.

4. Setbacks/Location. All freestanding signs shall be located within a landscaped planter, to be shown on the plans for the sign permit with protective curbs located at least three feet from all support elements. Free-standing signs larger than 50 square feet, or exceeding a height of 25 feet, shall be set back at least 10 feet from the property line (as measured to the outer edge of the sign) and shall not adversely affect corner vision or otherwise create a safety hazard.

5. Illumination. Freestanding signs may be internally or indirectly illuminated, as provided under BMC 17.63.020(G).

B. Monument Signs.

1. Monument signs may be used in lieu of a freestanding identification sign, as allowed for a development under subsection (A) of this section. In such case, the requirements for size, number, and setback/location for freestanding signs shall apply. Monument signs may include electronic time and temperature up to 20 square feet in area as part of the total sign area. No other sign or illuminating devices shall have blinking, flashing, or fluttering lights.

2. Supplementary Identification. In addition, monument signs may be used to identify individual uses within a multitenant development which are not otherwise identified on the freestanding sign(s) for the development. Monument signs may also be used to provide identification of additional entrances to a development that has entrances in more than one location. Monument signs shall be subject to the following requirements:

a. Height. A monument sign (also called ground-mounted signs) shall not exceed a height of six feet.

b. Maximum size: 36 square feet.

c. Number. Only one monument sign shall be allowed for a business, and shall be situated in front of that business.

d. Setbacks/Location. All monument signs shall be located within a landscaped area, with curbing located at least three feet from the base of the sign on all sides, except next to a sidewalk. Monument signs shall be situated at least 50 feet from any freestanding sign, and at least 100 feet from any other monument sign within the same development. Monument signs shall not be located within a 20-foot radius of the corner of any two streets, or the street and any driveway.

e. Materials. Monument signs shall incorporate colors and materials which are the same, or substantially the same, as those used on the building identified by the sign.

f. Illumination. Such signs may be internally or indirectly illuminated.

C. On-building signs identifying the use of the premises shall be allowed subject to the following conditions:

1. Sign Area. The sign area, location of the building, number of signs, and the size of the copy used shall be determined in consideration of the following factors:

a. The relationship of the building to the road or on-site circulation areas;

b. The use and location of a freestanding or ground-mounted sign identifying the premises, including on-site identification signs approved under subsection (B)(2) of this section;

c. The use of the premises and associated need for identification of the building;

d. The size and design of the building elevation on which the sign would be placed;

e. The amount of signing for the use which can be seen from a given direction;

f. Wall signs and marquee signs shall not exceed a total sign area of two square feet per lineal foot of building frontage; except, that if a business has only a wall sign, the sign area allowed shall be at least 60 square feet regardless of frontage;

g. Projecting signs shall be limited to one per street frontage and shall not exceed an area of 25 feet per sign face.

2. Wall Graphics. The use of exterior walls of buildings for graphics, artwork, or other displays shall be subject to review and approval by the planning commission.

3. Illumination. On-building signs may be internally or indirectly illuminated, or back-lit, subject to BMC 17.63.020(G).

D. Signs Advertising Movie Theaters.

1. Building-mounted signs are permitted as provided in subsection (C) of this section.

2. One freestanding sign is permitted fronting on an arterial and one freeway-oriented sign, if the site has freeway frontage, up to a maximum size of 100 square feet per sign face.

3. Readerboards are permitted as needed on the freestanding sign or on the building; provided, that no moving messages are permitted, and the sign does not exceed the maximum permitted. (Ord. 1694 § 18, 2009; Ord. 1547 § 1, 2004; Ord. 1532 § 1, 2004; Ord. 1382 § 5, 1998; Ord. 1344 § 1, 1997; Ord. 1340 § 3, 1997; Ord. 1221 § 8, 1992; Ord. 1158 § 8, 1990).

17.63.052 Permanent identification signs for developments in areas zoned MR-NB.

A. Internally illuminated signs are prohibited.

B. Signs shall be limited to 20 square feet per sign face attached to the building.

C. In lieu of an on-building sign, a 20-square-foot ground-mounted sign no taller than five feet in height may be installed in the front of the building within 15 feet of the front of the building. (Ord. 1694 § 19, 2009; Ord. 1382 § 6, 1998).

17.63.055 Permanent identification signs for developments in areas zoned B-1 and C-1 and located in Downtown on Fairhaven Avenue and Victoria Avenue.

A. Signs shall be reviewed for conformance with the Downtown Design Guidelines as adopted in the comprehensive plan.

B. Freestanding and projecting signs shall be limited to 25 square feet in area, 25 feet high.

C. On-building signs shall comply with BMC 17.63.050(C) and (D), and the Downtown Design Guidelines.

D. Signs located on buildings may project over the sidewalk or an alley (within the right-of-way), provided such signs have at least eight feet of vertical clearance from the sidewalk to the bottom of the sign, or 15 feet of clearance from an alley to the bottom of the sign. (Ord. 1694 § 20, 2009; Ord. 1382 § 7, 1998).

17.63.060 On-site traffic control and directories.

A. Traffic Control. Signs which direct the flow of traffic to, from and within the site area shall observe the corner vision requirements of the district and shall be a maximum of three square feet per side. See BMC 17.45.020 and 17.45.030.

B. Directories. An on-site sign oriented primarily towards vehicle circulation which identifies and directs traffic to a number of tenants, uses or buildings within the development, including informational signs, shall be limited in area to a maximum of two square feet per tenant, use or building specifically identified, up to a maximum of 40 square feet, and shall not exceed 12 feet in height. Directories oriented toward pedestrian circulation areas, including those attached to buildings, shall be a maximum of 24 square feet in area and eight feet in height.

C. Menu Boards. On-site menus oriented toward internal circulation drives shall not exceed a combined area of 40 square feet. (Ord. 1694 § 21, 2009; Ord. 1158 § 9, 1990).

17.63.065 Electronic changing message sign requirements.

A. A time and temperature sign is permitted up to a maximum of 20 square feet in area for time and temperature only, in locations specified in BMC 17.63.050. No other signs or illuminating devices shall have blinking, flashing, or fluttering lights.

B. Electronic message center signs and other changeable copy signs may be incorporated into a permanent identification sign for a multiple tenant development complex under single ownership. Approval for moving electronic message center signs shall not be granted unless the following conditions are satisfied:

1. Only one sign shall be used in a development;

2. The changeable copy sign or electronic message center shall not exceed 80 square feet in sign area;

3. Electronic message centers and changeable copy signs may be used only to advertise activities conducted or goods and services available on the property on which the sign is located, or to present public service information;

4. Electronic message center signs are only permitted for multiple-tenant developments over 20 acres in size;

5. Location shall be within 100 feet of the Interstate 5 right-of-way and the sign shall be oriented to Interstate 5;

6. The display shall comply with WAC 468-66-050 as summarized and amended here:

Electronic signs may be used only as on-premises signs and/or to present public service information, as follows:

a. Advertising messages on electronic signboards may contain words, phrases, sentences, symbols, trademarks, and logos. A single message or a message segment must have a static display time of at least two seconds after moving onto the signboard, with all segments of the total message to be displayed within 10 seconds. A one-segment message may remain static on the signboard with no duration limit.

b. Displays must appear as a picture that holds in a static position for two seconds.

c. Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the signboard.

d. Electronic signs requiring more than four seconds to change from one single message display to another shall be turned off during the change interval.

e. No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the department. (Ord. 1706 § 2, 2010; Ord. 1694 § 22, 2009).

17.63.070 Temporary display and portable signs.

A. Exempt Activities. See also BMC 17.63.027.

1. Community Events. Temporary signs, banners, lights, streamers, and other similar apparatus used in conjunction with a community event shall be exempt from the provisions of this chapter. A “community event” is an event of a public nature sponsored by the city or a community club, chamber of commerce, or other community organization for the purpose of celebrating a particular holiday, festival, or other traditional commemoration which typically occurs no more than once a year.

2. Special Events under Special Event Permit. Temporary signs, banners, lights, streamers, inflatables, balloons, and other similar apparatus used in conjunction with an approved advertising plan for a special event permit shall be exempt from the provisions of this chapter, such as car sales and carnivals as further defined in the special event administrative rules.

B. Temporary Displays. Banners, streamers, festoons of lights, flags, blade banners, and other similar apparatus may be displayed for the purpose of advertising outdoor sales of vehicles, a grand opening, promotional sale, or similar event subject to the following conditions and limitations:

1. Time Period and Duration. The display of apparatus specified shall not exceed a total time period of four weeks in any calendar year; provided, that temporary displays for outdoor sales of vehicles that are maintained in good repair may be used as desired except in the retail core.

2. Hazards. No sign, light, electrical cord, streamer, banner, or other apparatus shall be situated or used in a manner which creates a hazard.

C. Temporary Portable Identification Signs. One portable identification sign may be used to temporarily identify a new business until permanent identification signs are installed, or to identify an existing business while permanent signs are being repaired or replaced, under the following conditions and limitations:

1. Maximum Size. No portable identification sign shall exceed 24 square feet in area.

2. Setbacks. Portable signs shall observe corner vision requirements, and shall in no case be placed in the public right-of-way.

3. Anchoring. All signs shall be physically anchored to the premises in a manner which both prevents the sign from being moved or blown from its approved location, and allows the prompt removal of the sign.

4. Illuminated Signs. No portable identification sign shall have flashing lights or arrows or any other apparatus which may be construed to be a traffic control device. All illuminated signs requiring an outside power source shall use a state-approved power outlet.

5. Hazards. No portable sign or associated apparatus shall be situated or used in a manner which creates a hazard. The city retains the right to remove a portable sign that, in the judgment of the city officials, may create a hazardous situation.

D. Use of Temporary/Portable Signs, MR-NB, B-1, C-1, C-2 and M-1 Zoning Districts.

1. No more than a combination of one portable sign and two banners shall be permitted for any business.

2. In addition to permanent signage, a business may also display one moveable sign during business hours up to a maximum size of six square feet per sign face.

3. Signs shall be secured, anchored, weighted or staked to handle wind loads of 50 mph.

4. In the retail core, signs shall be located behind the sidewalk on private property.

5. In downtown, signs shall be located within the area for outdoor display of goods, as provided in BMC 17.33.060(A)(2), or other approved location.

6. Well maintained banners may be used for promotions if securely anchored.

7. Up to two well maintained blade banners per street front may be used on private property and not extend over public right-of-way, if securely anchored.

E. Walking Advertisers. Persons carrying or wearing portable advertising signs or costumes designed to advertise a business, event, sale or season/holiday with a permit describing location, supervision and public safety. (Ord. 1694 § 23, 2009; Ord. 1535 § 1, 2004; Ord. 1340 § 4, 1997; Ord. 1158 § 10, 1990).

17.63.080 Off-premises signs.

Off-premises signs shall not be allowed except as herein provided:

A. Billboards (Outdoor Advertising Structures). New billboards shall not be allowed in any zoning district. Billboards may be allowed to relocate from one location within the city to another. Such relocated billboards shall not be allowed in any zoning district except the general commercial, heavy commercial and industrial districts.

B. Political Signs. Signs which support or oppose ballot measures, persons running for political office, and other issues subject to a vote by the public may be allowed subject to the following conditions:

1. Approval of the owner of the property on which the sign is to be placed;

2. Location. Such signs shall not be posted in state, county or city rights-of-way, on telephone poles, traffic signs, or other public apparatus. Such signs shall observe the corner vision requirements of this title, and shall not be situated in a manner which creates a hazard;

3. Size. Signs shall not exceed 16 square feet in size as viewed from one direction;

4. Time Limit. Such signs shall not be posted more than four months before the affected election, and shall be removed within one week after the election for which the sign is posted.

C. Temporary Directional Signs. The intent of this provision is to allow the infrequent, and not the regular, use of signs of a temporary nature. Off-premises directional signs of a temporary nature such as those used to direct persons to open houses, garage sales, or special events of short (two days’) duration may be allowed subject to the following conditions:

1. Any such sign which is visible from a state highway shall be subject to approval by the State Department of Transportation.

2. All such signs shall comply with subsections (B)(1) through (3) of this section.

3. Time Limit. All such signs shall be removed at the end of the day on which the event, open house or garage sale is conducted and shall not be used repeatedly, contrary to the stated intent.

4. The city shall have the authority to immediately remove and dispose of any such sign found to be in violation of this subsection.

D. Permanent Off-Premises Directional Signs. The intent of this provision is to provide directional and locational information to the general public about places of general interest, such as tourist information services, school or public recreational facilities, shopping malls, restaurants, lodging, business directories designed to be compatible with the city’s urban wayfinding program, central business or other special districts, historic sites, and regional developments; or, to provide information of a general community nature, such as those found at city entrance locations identifying the city and historic dates, or listing local service clubs and organizations or to provide business identification for sites located on a dead-end street. Such signs may be allowed, subject to the following:

1. Any such sign which is visible from a state highway shall be subject to approval by the Department of Transportation.

2. Approval of the owner of the property on which the sign is to be placed.

3. Location. Any such sign shall not be placed where it may cause a hazard, or obstruct the vision of any driver.

4. Size. Shall be no larger than necessary to clearly inform or direct the public. City identification/community service club type signs shall be reviewed and approved by the planning commission. Business identification directional signs on dead-end streets and business directories shall be designed to be generally compatible with the city’s urban wayfinding signage program and the design shall be reviewed and approved by the planning commission.

5. Illumination. May be indirectly illuminated.

6. Design. All such signs shall be designed using materials, colors, lettering and other graphics which will be, in the opinion of the planning commission, an asset to the community and in the best interest of the city and the general public. (Ord. 1694 § 24, 2009; Ord. 1382 § 8, 1998; Ord. 1158 § 11, 1990).

17.63.085 Prohibited signs.

A. Prohibited signs are subject to removal by the city at the owner’s or user’s expense. Prohibited signs on public property may be summarily removed by the city. Prohibited signs on private property shall be subject to code enforcement action for removal pursuant to this section.

B. The following signs or displays are prohibited in all zones within the city, whether located on public or private property, except those expressly permitted as temporary signs in BMC 17.63.070:

1. Abandoned or obsolete signs;

2. Animated or moving signs;

3. Dilapidated, nonmaintained signs;

4. Flashing signs and strobe lights, holographic displays;

5. Inflatable advertising devices;

6. Mylar balloons;

7. Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure, or do not meet corner vision requirements;

8. Off-premises signs except those expressly allowed in this chapter;

9. Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination;

10. Portable signs include any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Examples of portable signs include but are not limited to A-frame, sandwich board signs and portable readerboard signs. See BMC 17.63.070(D) for exceptions;

11. Persons carrying or wearing portable advertising signs or costumes designed to advertise a business. See BMC 17.63.070(E) for exceptions;

12. Signs mounted on the tops of roofs, projecting above parapet walls, are prohibited.

C. Penalties. Any person violating any of the provisions of this section shall have committed a civil infraction and shall be subject to a civil penalty as follows: upon the first infraction, a fine of $50.00; upon a second infraction, a fine of $100.00, upon a third infraction, a fine of $150.00; upon a fourth or subsequent infraction, a fine of $200.00, plus forfeiture of the prohibited sign.

D. Continued Duty to Correct. Payment of a monetary penalty pursuant to this section does not relieve a person of the duty to correct the violation as ordered by the code enforcement officer. (Ord. 1694 § 25, 2009; Ord. 1535 § 2, 2004).

17.63.090 Variances.

Relief from or modifications of the size limits of signs regulated by this chapter require a zoning variance as provided in BMC 17.68.140. (Ord. 1382 § 9, 1998).