Chapter 15.28
SIGNS
Sections:
Article I. Purpose and Scope
15.28.010 Purpose.
15.28.020 Scope.
Article II. Definitions
15.28.030 Definitions.
Article III. General Provisions
15.28.040 Compliance with code required.
15.28.050 Permits required – Criteria.
15.28.060 Permit application.
15.28.070 Signs prohibited.
15.28.080 Signs not requiring permits.
15.28.090 Temporary permits.
Article IV. Regulation of On-Premises Signs by District
15.28.100 Signs permitted in residential districts and public facilities district.
15.28.110 Signs permitted in commercial and light industrial districts.
15.28.115 Animated signs.
Article V. Nonconforming Signs
15.28.120 Determination of legal nonconformity.
15.28.125 Loss of legal nonconforming status.
15.28.130 Amortization period for nonconforming signs.
15.28.140 Maintenance and repair of nonconforming signs.
Article VI. Construction Specifications
15.28.150 Compliance with building code.
15.28.160 Anchoring.
15.28.170 Wind loads and additional construction specifications.
15.28.180 Maintenance.
15.28.190 Lighting.
15.28.200 Sign contractor’s license.
15.28.210 Inspection upon completion.
Article VII. Administration and Enforcement
15.28.220 Repealed.
15.28.230 Repealed.
15.28.240 Repealed.
15.28.260 Variances.
15.28.270 Compliance and enforcement.
15.28.280 Appeals.
Article VIII. Conflict
15.28.290 Conflict.
Article I. Purpose and Scope
15.28.010 Purpose.
The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city’s appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 1.01, 1989).
15.28.020 Scope.
The primary intent of this chapter shall be to regulate signs intended to promote commercial, retail, or other business purposes, or be viewed by pedestrians or be visible from any vehicular right-of-way. This chapter shall not relate to building design nor shall this chapter regulate official traffic or government signs; the copy and message of signs; signs not visible from a public right-of-way; window displays; product dispensers and point of purchase displays; score boards on athletic fields; flags of any nation, government, or noncommercial organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined herein as a sign.
Thus, the primary intent of this chapter shall be to regulate signs of a commercial nature intended to be viewed from any vehicular public right-of-way. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 1.02, 1989).
Article II. Definitions
15.28.030 Definitions.
Certain terms are defined for the purposes of this chapter as follows:
“Abandoned sign” means 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.
“Administrator” means the planning and community development director or his designated representative.
“Ambient light” means surrounding or environmental light that is everywhere equally intense and has no directionality.
“Animated sign” means any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare “flashing sign”).
Area. (See “Sign, area of.”)
“Awning” means a shelter projecting from and supported by the exterior wall of a building, constructed of nonrigid materials on a supporting framework (compare “marquee”).
“Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning.
“Banner sign” means a sign made of fabric or any nonrigid material with no enclosing framework.
Billboard. (See “Off-premises sign.”)
“Building” means as defined in Section 403 of the Uniform Building Code.
“Changeable copy sign (automatic)” means a sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time and temperature units.
“Changeable copy sign (manual)” means a sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.
City. Unless the context clearly discloses a contrary intent, the word “city” means the city of Bonney Lake.
“Civic organization” means an organization which is formed for civic purposes.
“Clearance (of a sign)” means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
“Construction sign” means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
“Copy” means the wording on a sign surface in either permanent or removable letter form.
“Directional/informational sign” means an on-premises sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits, and service areas.
“Double-faced sign” means a sign with two faces.
“Electrical sign” means a sign or sign structure in which electrical wiring, connections or fixtures are used.
“Electronic message center” means an electronically activated sign whose message content, either whole or in part, contains only text and may be changed by means of electronic programming.
“Facade” means the entire building front including the parapet.
“Face of sign” means the area of a sign on which the copy is placed.
“Festoon” means a string of ribbons, tinsel, small flags, or pinwheels.
“Flashing sign” means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light (compare “animated sign,” “changeable copy sign”).
“Freestanding sign” means a sign supported upon the ground by poles or braces and not attached to any building.
“Frontage” means the length of the property line of any one premises along a public right-of-way on which it borders.
“Frontage, building” means where the main entrance is located on a facade which is visible from a public or private street, parking lot, or highway.
“Government sign” means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.
“Height (of a sign)” means the vertical distance from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare “clearance”).
“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
“Illegal sign” means a sign which does not meet the requirements of this code and which has not received legal nonconforming status.
“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
“Incidental sign” means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
“Interactive sign” means an electronic or animated sign that reacts to the behavior or electronic signals of drivers.
“Lot” means a parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record of survey map.
“Maintenance” means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
“Message,” pertaining to electronic signs, means a text message, image, or combination thereof meant to be comprehended as a whole by the viewer. Each sentence or simple concept shall be deemed a separate message. A message can either be a static display or a display which, not fitting onto the screen all at once, is broken into parts which appear sequentially, appearing on or scrolling across the screen. Electronic signs are capable of changeable messages.
“Monument sign” means a freestanding sign having the appearance of a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the material of the primary structure on the subject property.
“Multiple-building complex” means a group of structures housing at least one retail business, office, commercial venture or independent or separate part of a business which shares the same lot, access and/or parking facilities.
“Multiple-tenant building” means a single structure housing more than one retail business, office or commercial venture but not including residential apartment buildings.
“Nameplate” means a nonelectric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
“Nit” means a luminance unit equal to one candle per square meter measured perpendicular to the rays from the source.
“Nonconforming sign” means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations; a sign which does not conform to the sign code requirements but for which a special permit has been issued.
“Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
“Off-premises sign” means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., “billboards” or “outdoor advertising.”
“On-premises sign” means a sign which pertains to the use of the premises on which it is located.
“Outdoor vendor sign” means a temporary, movable A-frame sign which is used for temporary outdoor vendors such as Christmas tree lots, fruit stands, and farmers’ markets (compare “real estate sign” and “real estate directional sign”).
“Owner” means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a sign company.
“Painted wall sign” means a sign which is applied with paint or similar substance on the face of a wall.
“Parapet” means the extension of a false front or wall above a roofline.
“Pennant” means any long, narrow, usually triangular flag.
“Person” means any individual, corporation, association, firm, partnership, or similarly defined interest.
“Pixel” means the basic unit of the composition of an image on an electronic sign.
“Point of purchase display” means advertising of a retail item, accompanying its display, e.g., an advertisement on a product dispenser.
“Pole cover” means covers enclosing or decorating poles or other structural supports of a sign.
“Political sign” means a temporary sign used in connection with a local, state, or national election or referendum.
“Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
“Premises” means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
“Projecting sign” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
“Readerboard, portable” means a sign face, illuminated or nonilluminated, which is designed to hold readily changeable sign graphics allowing frequent changes of copy.
“Real estate directional sign” means a portable and temporary directional sign which is intended to assist in finding the location of a difficult to locate property which is for sale or rent.
“Real estate sign” means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
“Right-of-way” means land privately owned, or dedicated to the public, which is primarily for the movement of vehicles, wheelchairs, and pedestrian traffic.
“Roof sign” means any sign erected over or on the roof of a building (compare “wall sign”).
“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
“Sandwich board/sidewalk sign” means a portable sign consisting of two sign faces hinged at the top and separated at the bottom to make it self-standing.
“Searchlight” means an apparatus containing a light and reflector on a swivel, for projecting a strong, far-reaching beam in any direction.
“Service organization sign” means a sign sponsored by service or civic organizations, clubs and similar organizations located in the city of Bonney Lake.
“Sign” means any device, structure, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services (compare BLMC 15.28.020).
Sign, Area of.
1. “Projecting and freestanding signs” means the entire area of a sign, on which graphics, letters, figures, symbols, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments, and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy.
2. “Wall, canopy, or awning signs” means the area shall be within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message; provided, however, that individual letters, numbers, or symbols using a wall, canopy, or awning as background have sign area calculated by measuring the perimeter enclosing each letter, number, or symbol.
“Special event” means a business or use event such as a grand opening, celebration, holiday, or promotional period beginning on or shortly after the date of the event. Grand opening events must be related to: a change of business location; construction of a new business structure; major remodeling; change of ownership; change of name; or change in type of business engaged in by an existing business.
“Subdivision identification sign” means a monument or wall sign identifying a recognized subdivision, condominium complex, or residential development.
“Temporary sign” means a sign not constructed or intended for long-term use or permanent use.
“Under-canopy sign” means a sign suspended beneath a canopy, ceiling, roof, or marquee.
“Use” means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
“Video” means a high-resolution, high-frames-per-second motion picture display.
“Wall sign” means a sign attached parallel to and extending not more than 12 inches from the wall of a building. This definition includes painted, individual letter, cabinet signs, and signs on a mansard roof.
“Window sign” means a sign installed inside a window and intended to be viewed from the outside. (Ord. 1351 § 1, 2010; Ord. 1285 § 1, 2008; Ord. 880 § 1, 2001; Ord. 614 § 2, 1989).
Article III. General Provisions
15.28.040 Compliance with code required.
It is hereafter unlawful for any person to install, replace, repair or maintain a sign in the city except in accordance with the provisions of this chapter. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this chapter. Any sign in violation of any provision of this chapter may be removed and may result in an assessment in the cost of removal pursuant to Chapter 14.130 BLMC. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 3, 1989).
15.28.050 Permits required – Criteria.
A. Unless otherwise provided by this chapter, permits shall be required for all signs with appropriate payment of fees as described in Chapter 3.68 BLMC. No permit is required for the repair or maintenance of any sign for which a permit has previously been obtained pursuant to this chapter, or for a change of copy on painted, printed, or changeable copy signs.
B. The criterion for issuance of permits shall be compliance with this chapter. (Ord. 1351 § 1, 2010; Ord. 988 § 2, 2003; Ord. 880 § 1, 2001; Ord. 614 § 3.02, 1989. Formerly 15.28.060).
15.28.060 Permit application.
To obtain a permit required by this chapter, the applicant shall pay all applicable fees and costs and file an application which shall include the following:
A. A completed building permit application in a form, as determined by the director of planning and community development, which shall include the name and address of the owner of the sign, street address or location of the property on which the sign(s) are to be located, and the name and address of the property owner;
B. The identification of the type of sign or sign structures as defined in this chapter;
C. A site plan, drawn to scale, showing all existing buildings on the site, the proposed location of the sign(s) in addition to the location and area of all existing sign(s) on the same premises or building;
D. A landscape and irrigation plan, drawn to scale, for freestanding sign(s);
E. Specifications and elevations, drawn to scale, showing dimensions, materials, color, and design of all proposed sign(s);
F. Specifications and drawings, to scale, showing the structural supports and electrical components of the proposed sign(s); and
G. Such other information as the director of planning and community development requires to meet the intent of this code. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 7.02, 1989. Formerly 15.28.220).
15.28.070 Signs prohibited.
The following types of signs are prohibited in all districts:
A. Abandoned signs;
B. Banners, pennants, festoons, searchlights (except as allowed in BLMC 15.28.090);
C. Signs imitating or resembling official traffic or government signs or signals;
D. Signs attached to trees, utility poles, public benches, light standards, or placed on any public property or in any public right-of-way except as allowed in subsection F of this section;
E. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign (this does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business);
F. Signs, other than political and government signs, which are placed in or extend over a public right-of-way except as otherwise allowed in this chapter or as approved by the director(s); provided, that the director(s) may approve a sign placed in or extending over a public right-of-way if the sign is temporary in nature and necessitated by a current roadway construction project;
G. All portable and semi-portable readerboard signs;
H. All off-premises signs except as otherwise allowed in this chapter;
I. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic;
J. Signs which are structurally, materially or electrically defective, or which do not structurally or materially conform to the requirements of the city’s adopted International Building Code, or which endanger the public; and
K. Interactive signs, other than those used for public safety as determined by the director. (Ord. 1393 § 1, 2011; Ord. 1351 § 1, 2010; Ord. 1285 § 2, 2008; Ord. 988 § 2, 2003; Ord. 880 § 1, 2001; Ord. 614 § 3.01, 1989. Formerly 15.28.050).
15.28.080 Signs not requiring permits.
The following types of signs are exempt from permit requirements but shall be in conformance with all other requirements of this chapter and with this section:
A. Civic Organization Signs. Nonilluminated permanent signs used by churches, schools, or civic organizations not over 12 square feet in area. Such signs must be located on the institution’s premises.
B. Construction/Contractor Signs. One construction sign for each street frontage of a construction project, not to exceed six square feet per face in area in residential zones or 24 square feet in area in all other zones. Such signs may be erected seven days prior to commencement of construction and may be removed within seven days following completion of construction or issuance of the final certificate of occupancy. Any such sign in violation of these requirements may be removed and may result in an assessment in the cost of their removal pursuant to Chapter 14.130 BLMC.
C. Directional/Informational Signs. May not exceed a total of two or less square feet per face and 10 feet in height.
D. Garage/Yard Sale Signs. A maximum of two movable A-frame signs or signs on stakes may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safety consistent with BLMC 15.28.070. Such signs shall only be displayed between dawn and dusk on the days of the sale. A maximum of four square feet per face is allowed. Any such sign in violation of these requirements may be removed and may result in an assessment in the cost of their removal in accordance with Chapter 14.130 BLMC.
E. Incidental Signs. Incidental signs and sandwich board signs are permitted in all commercial and manufacturing zones not to exceed eight square feet in aggregate sign area per occupancy. A double-sided sandwich board with no other incidental sign may be no greater than two feet by two feet. A single-sided sandwich board with no other incidental sign may be no greater than four feet by two feet. Sandwich board signs are to be maintained on the business’ premises, not in a public right-of-way.
F. Nameplates. Nameplates identifying the occupant of a residence or business office shall not exceed two square feet in area per face.
G. Political Signs. Political signs may be permitted up to a maximum of four square feet per face in area without a sign permit. In no case shall political signs in rights-of-way exceed four square feet in area. Political signs may be removed within seven days following the election or referendum for which they were posted, except that signs promoting successful candidates in a primary election may remain displayed until seven days following the subsequent general election. Such signs shall not be posted on any public utility pole, public building, public information or traffic sign, or public structures. Political signs may be placed on parking strips/public rights-of-way where such signs are installed pursuant to the permission of the owner of the property abutting said parking strip and within public rights-of-way; provided, that they are installed in such a manner as not to constitute a traffic hazard or impair or impede pedestrian thoroughfares. Political signs may be placed on private property only with the permission of the property owners. Spacing of signs and total numbers of signs are not regulated. Any such sign in violation of these requirements may be removed and may result in an assessment in the cost of their removal pursuant to Chapter 14.130 BLMC.
H. Public Signs or Notices. Public signs or notices such as, but not limited to, notice of land use action signs, posted by the city of Bonney Lake, or any sign relating to an emergency.
I. Real Estate Signs.
1. Residential “for sale or rent” and “sold” signs: such signs shall be limited to one sign per street frontage not to exceed six square feet in sign area per side, placed entirely on the property for sale, and not to exceed a height of eight feet. Such sign shall be removed by the owner or agent within seven days of the sale closing date or the occupancy of the rental unit.
2. Residential directional “open house” signs: such signs shall be limited to one sign per street frontage on the premises for sale and three off-premises signs. However, if a broker/agent has more than one house open for inspection in a single development or subdivision, he/she is limited to four off-premises “open house” signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the broker/agent or seller or an agent is in attendance at the property for sale. No such sign shall exceed six square feet in sign area per side and eight feet in height. The sign may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safety consistent with BLMC 15.28.070.
3. Commercial and industrial property “for sale or rent” signs: one sign per street frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while the property is actually for sale or rent. The sign shall not exceed 24 square feet in sign area per side and eight feet in height and must be placed entirely on the property for sale. Such sign shall be removed by the owner or agent within seven days of the sale closing date or the occupancy of the rental unit.
J. Window Signs. Signs installed inside a window of a business establishment which are intended to be viewed from the outside and which are only legible from a distance of eight feet or less. (Ord. 1351 § 1, 2010; Ord. 1230 § 16, 2007; Ord. 880 § 1, 2001; Ord. 614 § 3.03, 1989. Formerly 15.28.070).
15.28.090 Temporary permits.
A. Application may be made along with required permit fees to the department of planning and community development for a temporary permit for the following purposes:
1. Special Event Signs. Temporary, special event sign(s) and decorations are allowed by the director of planning and community development for special events, grand openings, or holidays. Such signs and decorations may be used for a period of not exceeding 14 days and only two such permits shall be issued to any one person/organization per calendar year. Such signs must be removed within 48 hours following completion of event or activity. Any such sign in violation of these requirements may be removed and may result in an assessment in the cost of their removal pursuant to Chapter 14.130 BLMC.
2. Outdoor Vendor Signs. A maximum of two movable sandwich board signs are allowed on the premises for temporary outdoor vendors, that is Christmas tree lots, fruit stands, and farmers’ markets, in the DC, DM, C-2, C-3, C-2/C-3 combined and M-1 zone classifications. Such signs are limited to a maximum of six square feet in area per face and a maximum height of four feet. Such signs are permitted for a duration of 120 days within a one-year period. Such signs are not permitted in any public right-of-way. Such signs are prohibited on the roof of any temporary or permanent building, trailer, or vehicle used by the vendor. All outdoor vendor signs shall be designed to fit with the community character and be constructed of durable materials such as metal, wood, or plastic. Such signs must be removed within 48 hours of the completion of the event or activity. Any such sign in violation of these requirements may be removed and may result in an assessment in the cost of their removal pursuant to Chapter 14.130 BLMC.
B. Permit Application. The applicant shall file an application for a temporary permit which shall include the following:
1. A completed permit application on a form provided by the planning and community development department including the name and address of the owner of the sign, street address or location of the property on which the sign(s) are to be located, and the name and address of the property owner.
2. The identification and description of all proposed sign(s), as part of the temporary permit.
3. A site plan or map of the proposed location(s) of the sign(s).
4. In addition to items listed above, applicant will be required to pay all review fees (BLMC 3.68.010) and permit fees.
C. Appeal. An individual or organization who is denied a temporary permit under this section may appeal such denial. Such appeal must be filed with the planning and community development department and must be in writing, explaining the reason for the appeal. Such appeal must be filed within two business days of the temporary permit decision. The city administrator will review the written appeal and issue a written determination within two business days. The individual or organization may appeal the determination of the city administrator to a hearing examiner pursuant to the procedures and deadlines of BLMC 14.120.020. (Ord. 1351 § 1, 2010; Ord. 1230 § 17, 2007; Ord. 1155 § 6, 2005; Ord. 988 § 2, 2003; Ord. 880 § 1, 2001).
Article IV. Regulation of On-Premises Signs by District
15.28.100 Signs permitted in residential districts and public facilities district.
A. Signs are allowed as follows in R-1, R-2, R‑3, and RC-5 residential districts and in the public facilities district:
1. All signs as permitted in BLMC 15.28.080, unless specifically prohibited by this section;
2. One permanent, nonelectric subdivision identification sign per neighborhood, subdivision, development, apartment, or condominium complex per main entrance not to exceed 32 square feet in sign area per face and six feet in height. Such sign may be indirectly lighted;
3. Churches, schools, city parks, fire stations, police stations, municipal buildings, public libraries, community centers and other similar uses may have no more than one monument or one wall sign for each street frontage. A monument or wall sign shall not exceed 32 square feet per face in area and shall not exceed six feet in height;
4. Home occupations (see BLMC 18.22.010) may, unless restricted by any applicable protective covenants, have one unlighted sandwich board sign not over eight square feet in area counting both sign faces, with permanent letters. The sign shall be on the premises, not on public right-of-way nor attached to any structure, and shall be removed from sight during non-business hours. (Ord. 1351 § 1, 2010; Ord. 1112 § 2, 2005; Ord. 880 § 1, 2001; Ord. 614 § 4.02, 1989. Formerly 15.28.130).
15.28.110 Signs permitted in commercial and light industrial districts.
A. Signs are allowed as follows in DC, DM, C‑1, C-2, C-3, and C-2/C-3 combined commercial and M-1, light industrial, warehousing, and heavy commercial sales districts:
1. All signs as permitted in BLMC 15.28.080 unless otherwise noted;
2. Freestanding, wall, roof, projecting, and under-canopy sign(s) per business establishment, not to exceed one and one-half square feet in combined sign area for each linear foot of building frontage up to a maximum of 150 square feet;
3. Each multi-tenant building or building complex shall be permitted one freestanding directory sign not to exceed 100 square feet. The directory sign shall identify two or more tenants and/or the complex as a whole. The directory sign shall be considered additional permitted signage, allowed beyond the limitations of subsection (A)(2) of this section. If a tenant in a multi-tenant building or multi-building complex has a sign on the freestanding directory sign then the tenant shall not have an individual freestanding sign;
4. On a business, multi-tenant building or multi-building complex with total frontage on the main street of more than 300 feet, the business, multi-tenant building or multi-building complex shall be allowed one additional freestanding directory sign for each 300 feet of frontage, not to exceed 50 square feet. Each sign shall be placed not less than 150 feet apart;
5. Animated and electronic message center signs, provided the requirements of BLMC 15.28.115 are met.
B. Special regulations and allowances for commercial and light industrial districts are as follows:
1. Setbacks Required. All permitted freestanding signs shall have a setback of 20 feet from the SR 410 right-of-way. If a monument sign is used, the sign may be located within 10 feet of the SR 410 right-of-way. Signs shall have a setback of five feet from all other rights-of-way and be subject to required sight distance criteria.
2. Height. Maximum height for freestanding signs shall not exceed 20 feet; maximum height for monument signs shall not exceed 14 feet. Freestanding and under-canopy signs shall have a minimum clearance of 14 feet over any parking area and eight feet over any pedestrian area such as a sidewalk.
3. Sign Area Bonus. The total sign area may be increased by 25 percent if the business uses only wall signs. Animated signs are not included and do not qualify for bonus increase.
4. Animated signs and electronic message centers shall not be allowed in commercial and industrial zoning districts if the proposed sign location is within 200 feet measured in any direction from a residential zoning district and the sign face is visible from the RC-5, R-1, R-2, or R-3 zones. The exception is electronic message centers associated with schools as provided in BLMC 15.28.100(A)(3).
5. Landscaping. Freestanding and monument signs are required to be landscaped around the base of the sign to improve the overall visual appearance of the sign. Landscaping shall be in proportion to the size and height of the sign, with a minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign.
a. The landscaping and sign base shall be protected from vehicles by a vertical curb (or equivalent) at least three feet from the sign base.
b. Landscaping shall be installed in the planting season closest to the issuance of the sign permit. Signs installed after the planting season shall be landscaped no later than the following planting season.
c. Landscaping requirements may be waived by the director of planning and community development. (Ord. 1351 § 1, 2010; Ord. 1285 § 3, 2008; Ord. 1155 § 7, 2005; Ord. 880 § 1, 2001; Ord. 614 § 4.03, 1989. Formerly 15.28.140).
15.28.115 Animated signs.
A. Any animated sign shall be no more than 30 percent of the total allowable sign face for any sign; provided, that all other requirements in this section are followed.
B. In multi-tenant buildings or building complexes, only freestanding directory signs per BLMC 15.28.110(A)(3) may be animated or electronic message centers, not individual tenant signs. If, within a multi-tenant building or building complex, an individual tenant already has an animated sign or electronic message center, the multi-tenant building or building complex as a whole shall not be allowed to have an additional sign of this type.
C. Maximum brightness levels for electronic signs shall not exceed 5,000 nits when measured from the sign’s face at its maximum brightness, during daylight hours, and 500 nits when measured from the sign’s face at its maximum brightness between dusk and dawn, i.e., the time of the day between sunrise and sunset.
D. Newly permitted animated signs shall include an ambient light meter and programmable or manual dimming capacity. (Ord. 1351 § 1, 2010; Ord. 1285 § 4, 2008).
Article V. Nonconforming Signs
15.28.120 Determination of legal nonconformity.
A. To ease the economic impact of this code on businesses with substantial investment in signs in existence on the date of adoption of this code, this section provides for up to six years of continued use of a nonconforming sign in its existing state. During this period it is expected that the sign may be amortized on federal income taxes; however, whether it may be so amortized shall not affect the application of this section. Similar treatment is accorded signs in areas annexed to the city after the code’s enactment.
B. The administrator shall, as soon as practical, survey the city for signs which do not conform to the requirements of this chapter. Upon determination that a sign is nonconforming or illegal, the administrator shall use reasonable efforts to so notify, either personally or in writing, the sign user or owner of the sign, and where practical, the owner of the property on which the sign is located of the following; provided, that the business license holder of the business with which the sign is associated shall be presumed to be the sign user under this code. The administrator shall notify the owner of the following:
1. The sign’s nonconformity or illegality;
2. Whether the sign may be eligible for a nonconforming sign permit.
If the identity of the sign user, owner of the sign, or owner of the property on which the sign is located cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. A file shall be established in the department, and a copy of the notice and certification of posting shall be maintained for records.
C. Existing signs which do not conform to the specific provisions of this chapter may be eligible for the designation “legal nonconforming”; provided, that:
1. The administrator determines that such signs are properly maintained and do not in any way endanger the public;
2. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter;
3. Signs permitted after November 1, 1989, which were made nonconforming by the adoption of this chapter shall be permitted to remain in place and be maintained for a period not to exceed six years from the date this chapter takes effect; provided, that no action is taken which increases the degree of nonconformity;
4. All nonconforming temporary signs, off-premises signs, real estate signs, and signs erected without a permit shall not be eligible for the designation, “legal nonconforming.” All such signs shall be subject to the provisions of this chapter and be brought into conformance immediately;
5. All signs permitted prior to November 1, 1989, and which were deemed legal conforming signs under city of Bonney Lake Ordinance No. 614, shall be brought into conformance with this chapter upon written notice by the director of planning and community development;
6. Each sign user within the city having existing nonconforming signs designated under this chapter shall be permitted to designate only one such sign as “nonconforming” for each street upon which the business premises fronts. Such designation shall be made in the application for a nonconforming sign permit;
7. A nonconforming sign permit is required for each nonconforming sign designated under this chapter. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located with 60 days of notification by the city. The permit shall be issued and shall expire at the end of the applicable amortization period prescribed in this chapter. Applications for a nonconforming sign permit shall contain the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located and such other pertinent information as the administrator may require to ensure compliance with the code, including proof of the date of installation of the sign. A nonconforming sign for which no permit has been issued within the 60-day period of notification shall within six months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner or owner of the property on which the sign is located to penalties cited in this chapter;
8. Within areas annexed to the city of Bonney Lake after the effective date of this chapter, all signs not in conformance with this chapter shall be given six years from the effective date of the annexation to come into compliance with this chapter or be removed. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 5.01, 1989. Formerly 15.28.150).
15.28.125 Loss of legal nonconforming status.
A legal nonconforming sign shall lose this designation, and must be brought into compliance immediately, if:
A. The sign is relocated or replaced;
B. The structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance;
C. Any proposed change, repair, or maintenance that would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign;
D. No application for a nonconforming sign permit is filed by the sign user, sign owner, or owner of the property upon which the sign is located within 60 days following notification by the city that the sign is nonconforming and that a permit must be obtained;
E. The loss of legal nonconforming status takes place upon any change in land use or occupancy, or change in business name, and the sign shall be brought into conformity with this chapter by revising to the area and height standards or be removed. Upon any of the above referenced circumstances taking place, any permit or designation for what had been a nonconforming sign shall become void. The administrator shall notify the sign user, sign owner or owner of the property upon which the sign is located of cancellation of the permit or designation and the sign shall immediately be brought into compliance with this chapter and a new permit secured or shall be removed;
F. An illegal sign is any sign which does not comply with the requirements of this chapter within the city limits as they now or hereafter exist and which is not eligible for characterization as nonconforming under this chapter. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 5.02, 1989. Formerly 15.28.160).
15.28.130 Amortization period for nonconforming signs.
Nonconforming signs, as defined in this chapter, for which a nonconforming sign permit has been issued may remain in a nonconforming state for six years after the effective date of this chapter. Thereafter, the sign shall be brought into conformity with this code by obtaining a permit or be removed; provided, however, that the amortization period established by this section may be used only so long as the sign retains its legal nonconforming status. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001).
15.28.140 Maintenance and repair of nonconforming signs.
The legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance, and repair. However, if the sign suffers more than 50 percent damage or deterioration, it must be brought into conformance with this code or be removed.
In addition, any repainting, replacement of copy, panels and/or lettering, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign or structure in any way which is not in compliance with the requirements of this code, or the sign will lose its nonconforming status. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 5.03, 1989. Formerly 15.28.170).
Article VI. Construction Specifications
15.28.150 Compliance with building code.
All signs shall be constructed in accordance with the requirements of the Uniform Building Code, current adopted edition, including Section 5-281 of the Uniform Sign Code and Section 5-66 of the Uniform Building Code. (Ord. 1351 § 1, 2010; Ord. 988 § 2, 2003; Ord. 880 § 1, 2001; Ord. 614 § 6.01, 1989. Formerly 15.28.180).
15.28.160 Anchoring.
A. Signs shall not be suspended by nonrigid attachments that will allow the sign to swing in a wind.
B. All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.
C. All portable signs on display shall be braced or secured to prevent motion. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 6.02, 1989. Formerly 15.28.190).
15.28.170 Wind loads and additional construction specifications.
A. Solid signs, other than wall signs, shall be designed to withstand a wind load of 20 pounds per square foot on any face.
B. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 6.03, 1989. Formerly 15.28.200).
15.28.180 Maintenance.
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The director of planning and community development shall have the right under this chapter to order the repair or removal of any sign which is defective, damaged, deemed a safety hazard, or is substantially deteriorated. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 3.04, 1989. Formerly 15.28.080).
15.28.190 Lighting.
Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize:
A. An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion;
B. Any exposed incandescent lamp in excess of 25 watts;
C. Any revolving beacon light;
D. Any spot or flood light system directed toward or shining on vehicular or pedestrian traffic on a street, or adversely affecting surrounding premises or residential structures;
E. Any continuous or sequential flashing operation. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 3.05, 1989. Formerly 15.28.090).
15.28.200 Sign contractor’s license.
No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractor’s license and all required city, state and federal licenses. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 3.07, 1989. Formerly 15.28.110).
15.28.210 Inspection upon completion.
Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the director of planning and community development upon completion of the work. The director of planning and community development may require in writing, upon issuance of a permit, that he be notified for inspection prior to the installation of certain signs. The director of planning and community development may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 7.06, 1989. Formerly 15.28.260).
Article VII. Administration and Enforcement
15.28.220 Code administrator.
Repealed by Ord. 988. (Ord. 880 § 1, 2001; Ord. 614 § 7.01, 1989. Formerly 15.28.210).
15.28.230 Permit fees.
Repealed by Ord. 988. (Ord. 880 § 1, 2001; Ord. 614 § 7.03, 1989).
15.28.240 Issuance and denial.
Repealed by Ord. 988. (Ord. 880 § 1, 2001; Ord. 614 § 7.05, 1989).
15.28.260 Variances.
Sign variances shall be Type 1 permits – see Chapter 14.30 BLMC. Variances to specific provisions of this chapter may be approved by the director(s) in accordance with the following:
A. Application. Variance applications shall be made on forms available from the planning and community development department. An application shall consist of a completed form, any necessary supporting documentation such as sign drawings, site plans, building elevations, photographs, or other information, and the application fee.
B. Approval Criteria. In issuing any favorable decision on a variance application, the director(s) shall adopt findings of fact and conclusions based on those findings which meet the following criteria:
1. The variance is in harmony with the purpose and intent of the sign regulations;
2. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter;
3. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property that are not contemplated or provided for by this chapter;
4. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated;
5. Alternative signage concepts that comply with the provisions to which the variance is requested have been evaluated, and undue hardship would result if strict adherence to the provisions of this chapter is required; and
6. The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses which desire to use a standardized sign.
C. Conditions. Conditions may be imposed upon the approval of any variance. Unless otherwise specified, variance approval shall be subject to all plans, specifications, and conditions set forth in the application.
D. Variance. A variance shall not be granted which would increase the number of signs allowed by this chapter, allow a larger sign face, allow a taller sign, or allow a type of sign which is prohibited by this chapter. (Ord. 1351 § 1, 2010; Ord. 988 § 2, 2003; Ord. 880 § 1, 2001; Ord. 614 § 7.07, 1989. Formerly 15.28.270).
15.28.270 Compliance and enforcement.
Any violations of this chapter such as the placement of prohibited signs on a property or the failure to maintain existing or new signage in good condition shall be subject to the enforcement provisions of Chapter 14.130 BLMC. (Ord. 1351 § 1, 2010; Ord. 1285 § 5, 2008).
15.28.280 Appeals.
All appeals of decisions made under this chapter shall follow the procedures as set forth in BLMC Title 14, Development Code Administration. (Ord. 1351 § 1, 2010; Ord. 988 § 2, 2003; Ord. 880 § 1, 2001; Ord. 614 § 7.11, 1989. Formerly 15.28.290).
Article VIII. Conflict
15.28.290 Conflict.
If any portion of this code is found to be in conflict with any other provisions of any zoning, building, fire, safety, or health ordinances of the city code, the provision which establishes the higher standards shall prevail. (Ord. 1351 § 1, 2010; Ord. 880 § 1, 2001; Ord. 614 § 8.01, 1989. Formerly 15.28.300).