Chapter 15.08
SIGN CODE

Sections:

15.08.010    Purpose.

15.08.020    Definitions.

15.08.030    Signs not requiring a permit.

15.08.040    Prohibited signs.

15.08.050    Nonconforming signs.

15.08.060    Measurement of sign area.

15.08.070    Height of sign.

15.08.080    General regulations.

15.08.090    Commercial use signs.

15.08.095    Political signs.

15.08.100    Institutional or public use signs.

15.08.110    Residential use signs.

15.08.115    Temporary off-site commercial signs.

15.08.120    Permits required.

15.08.130    Permit fees.

15.08.140    Sign variance.

15.08.150    Enforcement and penalties.

15.08.010 Purpose.

The purpose of this chapter is as follows:

A. To promote and protect the public welfare, health and safety.

B. To encourage the installation of signs which harmonize with building design, natural settings and other geographical characteristics of the locations in which they are erected.

C. To create a more attractive economic and business climate.

D. To reduce distractions and obstructions from signs which would adversely affect traffic safety and reduce hazards that may be caused by signs overhanging or projecting over or within public rights-of-way. (Ord. 2013-06 § 1, 2013: Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.020 Definitions.

A. “Agricultural products sign” means a sign advertising seasonal produce.

B. “Alteration” means any change of a sign, other than changeable copy as defined in this section.

C. “Awning and marquee sign” means a sign attached to a face or shelter, which face or shelter extends (12 inches or more) in a direction perpendicular to the wall of the building and may be supported by posts or the exterior wall of the building or any combination thereof.

D. “Banner” means a sign of flexible material designed to be displayed between two supports or against another surface.

E. “Banneret” means a small banner that is hung vertically from a freestanding support, i.e., curbside bannerets on light standards and bannerets in public squares.

F. “Bulletin board” means a surface designed for the affixing of temporary handbills, notices, posters or other similar items.

G. “Changeable copy” means but is not limited to that portion of sign copy consisting of individual interchangeable letters and numbers which may be rearranged to spell new words and to form new numbers on the sign face, without reworking, repainting, or otherwise altering the physical composition of the sign, for the primary objective of displaying frequently changing copy.

H. “Construction sign” means a temporary sign erected for the purpose of announcing future building plans and identifying the owner, architect, engineer, building contractor and/or other persons responsible for the development of the site.

I. “Cultural, historical or architecturally significant sign” means a sign with unique local characteristics which may not fit other defined categories.

J. “Director” means the city’s director of planning and community development.

K. “Erect” means to build, construct, raise, assemble, create, alter, display, relocate, attach, hang, place, suspend, affix, paint, draw, engrave, carve, cast, or in any other way bring into being or establish, other than to replace changeable copy and other than in the course of normal sign maintenance as described in this chapter.

L. “Facade sign” means any sign which is erected (including painted) on the wall of a building or other structure, whose face is generally parallel to that wall or other structure and whose face does not extend outward more than 12 inches in a direction perpendicular to that wall or other structure.

M. “Facade” means the wall of a building or other structure whose face is generally parallel to that wall or other structure.

N. “Freestanding sign” means a sign supported by one or more uprights, poles or braces in or on the ground, and not supported by a building.

O. “Grade.” See BIMC 18.12.050.I.

P. “Neon sign” means a sign illuminated in whole or part by gaseous tubes electrified by a current.

Q. “NC” means neighborhood centers.

R. “Political sign” means a sign advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue to be decided by ballot.

S. “Primary entrance” means the principal or main entrance of a building or structure which is used by the majority of patrons to access the building or structure.

T. “Projecting/hanging sign” means a sign, which is attached to or supported by a wall or suspended from the overhang of a building or other structure.

U. “Public right-of-way sign” means a sign in the public right-of-way.

V. “Repair” means the reconstruction or renewal of any part of an existing sign for the purpose of its maintenance.

W. “Sandwich board sign” means a sign which consists of two panels hinged or attached at the top or side, designed to be movable and stand on the ground.

X. “Sign” means any letter, figure, design, symbol, trademark or other device which is intended to attract attention to any activity, service, place, political office, subject, firm, corporation or merchandise, except traffic signs or signals, public or court notices, signs not visible from the public right-of-way or adjacent properties, signs on moving vehicles, newspapers, leaflets or other printed materials intended for individual use or individual distribution to members of the public, government flags, flags and buntings exhibited to commemorate national patriotic holidays.

Y. “Street frontage” means that portion of any lot or building facing a street or sidewalk and with direct access to that street or sidewalk.

Z. “Two-sided” means a sign where only one face is visible from any viewing position.

AA. “Window sign” means a sign placed inside a building within 15 feet of the window or on a window and visible from the outside. This term does not include merchandise. (Ord. 2017-02 § 1, 2017; Ord. 2005-23 § 1, 2005: Ord. 2001-40 § 1, 2001: Ord. 98-53 § 1, 1999; Ord. 96-32 § 1, 1996; Ord. 95-14 § 1, 1995; Ord. 94-29 § 19, 1995; Ord. 93-01 § 1, 1993)

15.08.030 Signs not requiring a permit.

The following signs shall not require a permit:

A. Signs erected or posted and maintained for public safety and welfare or pursuant to any law or regulation;

B. Bulletin boards, either one- or two-sided, with no face exceeding 20 square feet in display area, associated with any church, museum, library, school, or similar use; provided, that the top of such signs shall be less than eight feet high and such signs shall meet all other provisions of this chapter;

C. Directional signs solely indicating ingress or egress, the display area not exceeding three square feet;

D. Signs relating to trespassing and hunting, not exceeding two square feet of area;

E. Signs displaying address numbers only, not exceeding two square feet of area;

F. Culturally, historically or architecturally significant signs, existing at the time of passage of the ordinance codified in this chapter and officially recognized by the city. Designation of culturally, historically or architecturally significant signs will be adopted by separate resolution;

G. Any window sign four square feet or less in size; provided, that no single sign or combination of signs shall exceed 25 percent of an individual window area;

H. Agricultural product signs advertising products grown on or produced at the subject property. The signs shall be allowed at each street frontage, and shall be temporary, erected for a period not exceeding 10 days prior to the availability of the products for sale, and removed when the products are no longer available for purchase. The maximum sign area shall not exceed 10 square feet for each face of a single- or two-faced sign;

I. Single signs, not exceeding 24 square feet in area, mounted at a height not exceeding 20 feet above grade, displaying the name of a farm. The farm shall meet the standards as defined in Chapter 16.26 BIMC;

J. Banners, not exceeding 30 square feet in area, displayed by a nonprofit or civic organization. The banners and flags are not required to be displayed on the premises of the organization, and may be displayed for a maximum of two periods not exceeding 14 days total within any calendar year;

K. Bannerets, not exceeding 12 square feet in area, displayed by a city council-designated civic organization. Bannerets shall not advertise or promote any individual business or the sale of any product or commodity, and shall only be erected on city-approved standards and in approved locations within the Mixed Use Town Center zone. The city council may delegate the authority to manage and coordinate the erection and removal of bannerets to a civic organization;

L. Construction signs, not exceeding one per construction site, and not exceeding 12 square feet in area, when erected in connection with a building permit. The sign shall be removed within 30 days of the occupancy of the structure. Public works projects are authorized to install signs at the ends of a project which shall not exceed 32 square feet in area;

M. For sale/rent or lease signs on the property being sold, rented or leased. One sign, not exceeding six square feet in area, shall be allowed on each street frontage;

N. Political signs in accordance with BIMC 15.08.095;

O. On-site signs, intended to be temporary, either the same sign or different sign, may be displayed for a maximum of two periods not exceeding 14 days total within any calendar year. Signs must conform to size and location limitations of this chapter;

P. Public right-of-way signs shall conform to the current Manual on Uniform Traffic Control Devices (MUTCD), as modified, and in developments shall be installed by and at the applicant’s expense;

Q. Off-site noncommercial signs, intended to be temporary, in accordance with the following:

1. Located on private property must obtain the permission of the property owner. Posted within public right-of-way only if the sign does not interfere with sight distances and does not create a vehicular, cyclist, wheelchair or pedestrian traffic obstruction or hazard, and permission to place the sign in the right-of-way has been obtained from the abutting property owner. Contact information for the owner of the sign (name, telephone number) must be included on all signs.

2. Freestanding (under 18 inches in height and 24 inches wide) or sandwich board signs (meeting the size requirements of BIMC 15.08.090.E).

3. Regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged or destroyed signs shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights-of-way. (Ord. 2013-06 § 2, 2013: Ord. 2005-23 § 2, 2005; Ord. 98-53 § 2, 1999; Ord. 96-32 § 1, 1996; Ord. 95-14 § 2, 1995; Ord. 94-29 §§ 20, 21, 1995; Ord. 93-01 § 1, 1993)

15.08.040 Prohibited signs.

The following signs are prohibited:

A. Billboards, streamers, pennants, ribbons, spinners or other similar devices.

B. Flashing signs, roof signs, signs containing moving parts or appearing to move, and signs which sparkle or twinkle in the sunlight.

C. Signs advertising or identifying a business or organization which is defunct.

D. Signs, except for traffic, regulatory, or informational signs, using the words “stop,” “caution,” or “danger,” or incorporating red, amber, or green lights resembling traffic signals, or resembling “stop” or “yield” signs in shape or color.

E. Signs advertising a business or organization not located on the parcel containing the business or organization except signs erected by the state of Washington.

F. Signs erected within the public rights-of-way, access corridors or easements, except the following: signs erected by the city or state; those signs projecting/hanging over the public sidewalk, erected in compliance with the Mixed Use Town Center design guidelines; political signs displayed in compliance with BIMC 15.08.095; and temporary signs in compliance with BIMC 15.08.030.Q or 15.08.115.

G. Signs with content or subject matter that constitutes obscenity as defined by law.

H. Portable reader boards and signs mounted on stationary, unlicensed vehicles.

I. Illuminated features, on the exterior of a building, that call attention to the building or product sold within the building.

J. Any window sign(s) exceeding four square feet in area or exceeding 25 percent of an individual window area.

K. Neon facade signs except as permitted in BIMC 15.08.080.C.6.

L. On-premises signs in the natural, conservancy, aquatic conservancy and aquatic shoreline environments, except for navigation aids and public information.

M. Signs placed on trees or other natural features.

N. Signs on any utility pole, traffic control device, lamp post, or any other public building or structure.

O. Any sign placed without the necessary permit or not in accordance with the size, place and manner limitations provided in this chapter. (Ord. 2013-06 § 3, 2013: Ord. 2005-23 § 3, 2005; Ord. 98-53 § 3, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.050 Nonconforming signs.

A. A nonconforming sign lawfully existing prior to July 26, 1993, may remain and be used subject to the provisions of subsections B and C of this section.

B. A nonconforming sign cannot be enlarged, reworded, redesigned or altered in any way except to conform to this chapter. If the cost to repair a nonconforming sign exceeds 50 percent of its replacement cost, the sign shall not be repaired except to conform to this chapter.

C. A sign replacing a nonconforming sign shall conform to this chapter. (Ord. 2001-40 § 2, 2001; Ord. 98-53 § 7, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.060 Measurement of sign area.

Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the sign surface. For freestanding signs, support structures (providing that they are not signs) extending up to one foot above the signs shall not be included in the calculation of the sign area. For signs which are a molded, cast, carved, or otherwise integral part of a solid concrete, masonry, wood, or composite wall, foundation, fence, or entry structure the sign area shall be measured within a continuous perimeter enclosing the extreme limits of the lettering and/or image. (Ord. 2001-40 § 3, 2001: Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.070 Height of sign.

A. The height of any sign shall be measured from the grade adjacent to the sign.

B. Signs for marinas shall not exceed 15 feet above the ordinary high water mark.

C. Awning structures on which sign images are attached shall be subject to regulation under the Uniform Building Code as adopted in BIMC 15.04.020. (Ord. 2001-40 § 4, 2001; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.080 General regulations.

A. Signs which refer to a permitted use or an approved conditional use as set forth in the zoning ordinance and which are permitted under this chapter conform to this chapter.

B. Signs within the Shoreline Master Program Jurisdiction.

1. Sign permits shall be submitted for review and approval at the time of shoreline permit submittal.

2. All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access to the shoreline.

3. Over-water signs, or signs on floats or pilings, shall be related to water-dependent uses only.

4. Signs which impair visual access in view corridors are prohibited.

5. Signs indicating the public’s right of access to shoreline areas shall be installed and maintained in conspicuous locations at all points of access. Signs shall also indicate all limitations on use of such areas including use of fire, alcohol, jet skis, and other recreational equipment, as well as requirements regarding pets.

C. Illumination Standards.

1. Signs, except for facade and awning signs, shall only be illuminated externally by light sources shielded so that the lamp is not visible from adjacent properties, the public right-of-way or watercourses.

2. Lights illuminating a sign shall project illumination toward the face of the sign.

3. Signs shall not flash, rotate, or have motorized parts or exposed electrical wires.

4. Signs shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless the premises on which they are located is open for business.

5. Up to three neon signs are allowed in commercial zones for each business; provided, that they do not exceed four square feet for any individual sign. Total signage of all types shall not exceed 25 percent of an individual window area. For each retail business that has window area in excess of 100 square feet, an additional four square feet of neon sign area is allowed. Neon signs are allowed only on properties zoned for commercial uses, shall not be visible from the shoreline, and shall not flash.

6. One commercial use sign for theaters, including film or performing arts buildings that were constructed prior to November 10, 1999, may be internally illuminated and may include external unshielded neon lights.

7. Facade signs may be internally illuminated if:

a. The background does not emit light;

b. The background constitutes a minimum of 80 percent of the sign area; and

c. The illumination source is shielded.

D. Placement Standards.

1. No person shall affix a sign to a utility pole or a living tree or shrub.

2. Signs, including temporary banners, shall not be mounted on roofs, extend above the roof line, or be located more than 20 feet above the grade except for retail businesses with a second-floor exterior entrance.

3. Signs projecting from a building shall not be less than eight feet above grade, unless permitted by the city through an administrative variance procedure.

4. Freestanding signs shall not exceed five feet in height except in the LM and NC zones and except as regulated by BIMC 15.08.100.B. Supporting structures (providing that they are not signs) for freestanding signs may extend one foot higher than the height limit for freestanding signs. In the LM and NC zones, freestanding signs shall not exceed eight feet in height.

E. Safety Standards. No person may erect a sign that:

1. Is structurally or electrically unsafe;

2. Constitutes a hazard, by design or placement, to public safety and health; or

3. Obstructs free entrance or exit from a door or window that is required to be in place by this code or the city.

F. Freestanding signs shall be located within a landscaped area that is twice the area of the sign area, and the plantings or the landscaped area shall be located so as to shield illumination sources. (Ord. 2017-02 § 1, 2017; Ord. 2001-40 § 5, 2001: Ord. 99-60 § 1, 1999: Ord. 98-53 § 4, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.090 Commercial use signs.

In addition to the general regulations of this chapter, the following regulations shall apply to all commercial use signs.

A. Facade Signs.

1. The total aggregate area of all facade signs on each wall shall not exceed 128 square feet.

2. Buildings may have one facade sign with a maximum area of 36 square feet for each tenant. If the building has street frontage on two or more streets, has access from an alley or parking area to the side or behind the building, or has retail uses on a second floor, a facade sign for each tenant is allowed; provided, that no additional sign shall exceed 20 square feet in area, face the same street, alley or parking area or be on the same floor as another facade sign.

3. Facade signs shall be located less than 20 feet above grade except for retail businesses with a second-floor exterior entrance.

4. A single directory, combining the name of the commercial complex and the individual names of businesses located within, is allowed provided no other facade sign on the building shall exceed 20 square feet in area except for retail businesses with a second-floor exterior entrance may have a facade sign up to 36 square feet. The maximum sign area for this directory is 48 square feet.

5. A single facade sign for a commercial complex is allowed at the primary entrance instead of a directory, provided no other facade sign for building tenants shall exceed 20 square feet in area except for retail businesses with a second floor exterior entrance may have a facade sign up to 36 square feet. The maximum area for this commercial complex sign is 36 square feet.

6. There may be up to three facade sign(s) per tenant in the High School Road commercial zone located more than 200 feet from the edge of any public right-of-way. No additional sign shall exceed 20 square feet in area, face the same street, alley or parking area or be on the same floor as another facade sign.

B. Freestanding Signs.

1. No more than one freestanding sign shall be allowed per tenant. The sign shall not exceed 20 square feet on any single face or 40 square feet on two faces. No more than two freestanding signs, regardless of the number of tenants, shall be allowed on any property.

2. A freestanding identification sign, for a commercial complex, with or without the individual names of businesses located therein, with a maximum sign area of 40 square feet on any single face and a total surface area of 60 square feet if two sided may be erected facing each street frontage. No individual tenant freestanding signs may be erected on such a property that contains this freestanding identification sign.

3. In the LM zone, freestanding identification signs may be located on adjacent LM zoned properties if the signs contain directional information to assist in locating the businesses listed and permission is obtained from the owner of the property where the sign is located. The maximum sign area shall be 36 square feet. The sign shall not be counted toward the maximum number of freestanding signs allowed.

C. An awning or marquee sign, not exceeding 20 square feet in area per commercial tenant, is allowed instead of a facade sign. The lowest point of the awning or marquee is at least eight feet above the sidewalk, and the awning shall have a dark background if illuminated from behind.

D. Projecting/Hanging Signs.

1. A business may have one projecting sign, located at least eight feet above grade, with a maximum area of five square feet for each side. The fixture used to suspend the hanging sign must be included in the permit design and approved by the designated officials, but shall not be included in the total size of the sign.

2. Signs for theaters, including film or performing arts buildings, shall not exceed 80 square feet on a single face and 140 square feet on multiple faces and shall be located at least 100 feet from any property zoned single-family.

E. Sandwich Board Signs. One nonilluminated sandwich board sign, with each face not exceeding six square feet in area, shall be allowed per business. The sign shall be a minimum of 30 inches high and a maximum of 48 inches high. (Ord. 2001-40 § 6, 2001: Ord. 98-53 § 5, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.095 Political signs.

A. Political Signs Not Allowed on Public Utility Poles or Public Buildings or Structures. It is unlawful for any person to paste, paint, affix or fasten a political sign on any utility pole, traffic control device, lamp post, or any other public building or structure.

B. Political Signs Within Public Right-of-Way. Subject to subsection A of this section, political signs may be posted within public right-of-way only if the sign does not interfere with sight distances and does not create a vehicular or pedestrian traffic obstruction or hazard, and permission to place the sign in the right-of-way has been obtained from the abutting property owner. Political signs in the right-of-way are limited to a maximum surface area of six square feet and a maximum height of five feet.

C. Removal of Political Signs.

1. A political sign promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election must be removed within seven days following an election; provided, that political signs promoting successful candidates in a primary election may remain displayed until seven days following the immediately subsequent general election.

2. It shall be the responsibility of the campaign director or political candidate to have the signs removed in accordance with this section. If any sign is placed or allowed to remain in violation of this section, the city may remove the sign, and the campaign director or political candidate shall be liable to the city for all costs and expenses incurred by the city in removing and storing said sign.

D. The display of any political sign in violation of this section, or any portion or part thereof, shall be presumed to have been done at the direction and request of the campaign director or political candidate. (Ord. 2007-14 § 1, 2007: Ord. 2005-23 § 4, 2005)

15.08.100 Institutional or public use signs.

In addition to the general regulations of this chapter, public institutions or public entities:

A. May have a single sign, either facade-mounted or a freestanding identification sign, visible from each street frontage;

B. May have one additional freestanding identification sign at the principal entrance not to exceed a maximum height of six feet. The maximum sign area of any face shall be no greater than 40 square feet;

C. Civic organizations may erect temporary banner signs, not addressed in BIMC 15.08.030, that are not smaller than 90 square feet and no larger than 160 square feet. Banners may be displayed for maximum of six periods not to exceed a total of 84 days within any calendar year. These signs shall not advertise or promote any individual business or the sale of any product or commodity and are only allowed to be erected upon city-approved support standards at city-designated locations on Winslow Way and Olympic Drive. The city council may delegate the authority to manage and coordinate the erection and removal of banners to a civic organization. (Ord. 98-53 § 6, 1999; Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.110 Residential use signs.

In addition to the general regulations of this chapter, the following regulations shall apply to all residential use signs.

A. Residential developments may have a single freestanding identification sign with a maximum sign area of 10 square feet.

B. Home occupations, legally established, may have an identification sign as allowed in BIMC 18.09.030.I.12.

C. Multifamily residential developments may have a directory sign, with a maximum sign area of 20 square feet, at one vehicular entrance on each street frontage. (Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.115 Temporary off-site commercial signs.

A. Off-site signs, intended to be temporary, either the same sign or different sign, may be displayed for a maximum of 36 days within a 12-month period. Temporary off-site signs located on private property must obtain the permission of the property owner. Temporary off-site signs may be posted within public right-of-way only if the sign does not interfere with sight distances and does not create a vehicular, cyclist, wheelchair or pedestrian traffic obstruction or hazard, and permission to place the sign in the right-of-way has been obtained from the abutting property owner. Contact information for the owner of the sign (name, telephone number) must be included on all signs.

B. All temporary off-site signs relating to a specific meeting, event, or occurrence shall be removed immediately following the conclusion of the meeting, event, or occurrence to which they relate.

C. Temporary off-site signs shall be freestanding (under 18 inches in height and 24 inches wide) or sandwich board signs (meeting the size requirements of BIMC 15.08.090.E).

D. Temporary off-site signs shall be regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged or destroyed signs shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights-of-way.

E. Temporary off-site signs are exempt from BIMC 15.08.030.C, 15.08.040.E, and 15.08.090.B.1.

F. A permit in accordance with BIMC 15.08.120 and identifying the dates the signs will be displayed shall be obtained for each 12-month period.

G. All signs visible from Highway 305 must be in conformance with the standards of the Scenic Vistas Act (Chapter 47.42 RCW and Chapter 468-66 WAC) that is incorporated herein by this reference as well as the related Washington State Department of Transportation (“WSDOT”) rules, regulations, and noncompliance penalties; provided, that all signs within the city shall also be subject to any additional restrictions as provided in this chapter. In the case of conflict between the requirements of the Scenic Vistas Act and this chapter, the more restrictive requirement shall apply. (Ord. 2013-06 § 4, 2013: Ord. 2003-12 § 1, 2003)

15.08.120 Permits required.

A. No signs, except those described in BIMC 15.08.030 and 15.08.100(C), shall be erected without a valid sign permit.

B. Permit application requirements shall be determined by the director and shall include a site plan showing the location of the signs, the position of buildings and landscaped areas, the elevations of the signs and the configuration and size of the signs.

C. A valid sign permit is required before altering an existing sign or repairing a sign where the repair exceeds 50 percent of the replacement cost.

D. Legally established signs that include changeable copy are exempt from permit requirements for altering the changeable copy. (Ord. 2013-06 § 5, 2013: Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.130 Permit fees.

Permit fees shall be as established by the city council by resolution. (Ord. 2013-06 § 6, 2013: Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)

15.08.140 Sign variance.

A. A variance is the mechanism by which the city may grant relief from the provisions of this chapter where practical difficulty renders compliance with the provisions of this chapter an unnecessary hardship and where the hardship is a result of the physical characteristics of the subject property.

B. The variance procedure shall be administrative and determined by the director. (Ord. 96-32 § 1, 1996; Ord. 95-14 § 3, 1995; Ord. 93-01 § 1, 1993)

15.08.150 Enforcement and penalties.

A. Anyone violating or failing to comply with the provisions of this chapter shall, upon conviction thereof, be punishable by fine of not more than $500.00, or by imprisonment for not more than six months, or by both fine and imprisonment, and each day’s violation or failure to comply shall constitute a separate offense.

B. In addition to any other sanction or remedial procedure which may be available, any person failing to comply with a notice of violation or order issued by the building official, or failing to comply with any other provision of this chapter, shall be subject to cumulative civil penalty in the amount of $500.00 per day from the date set for compliance until compliance with such notice of violation or order.

C. In addition to instituting criminal prosecution for violation of any of the provisions of this chapter, the city, through the city attorney, may institute civil proceeding in the Bainbridge Island municipal court or the superior court of the county to obtain a temporary restraining order or injunction prohibiting violation of this chapter and to collect any fines, fees or penalties due under the provisions of this chapter.

D. The city may remove and dispose of signs that it determines are a threat to public safety and recover costs from the owner of the property on which the sign is located or the sign owner. Within 10 days of removal of a sign, and upon payment of the costs of removal, the owner may recover a sign. Any temporary off-site sign posted in the public right-of-way in violation of the regulations set forth in BIMC 15.08.115 constitutes a trespass upon public property and is declared to be a public nuisance. Such signs shall be subject to immediate abatement by removal and confiscation. (Ord. 2013-06 § 7, 2013: Ord. 96-32 § 1, 1996; Ord. 93-01 § 1, 1993)