Chapter 17.95
SIGNS
Sections:
17.95.060 Permit requirements.
17.95.080 Review of signs/design standards.
17.95.090 Residential district sign regulations.
17.95.100 Commercial, business, and industrial district sign regulations.
17.95.105 Neighborhood business district sign regulations.
17.95.115 On-site traffic control and directories.
17.95.120 Electronic changing message sign requirements.
17.95.125 Permitted temporary or portable signs.
17.95.010 Title.
This chapter shall be called “Signs.” (Ord. 1857 § 2 (Exh. B), 2018).
17.95.020 Application.
The provisions of this chapter shall apply to the construction, erection, installation, maintenance, alteration, expansion, or development of all signs, signage, and sign structures within the city of Burlington. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.030 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. 1857 § 2 (Exh. B), 2018).
17.95.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35A.63, 36.70A, and 36.70B RCW and other applicable laws. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.050 General provisions.
A. Conflicting Standards. All signs shall be subject to the provisions of this chapter, except where more specific standards for signs are specified for a special planning area, zone, or district. In such case the more specific standards shall apply.
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. Building Code Compliance. All signs for which a building permit is required shall comply with the applicable provisions of the building code adopted by the city and codified in BMC Title 15.
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 15.10.080.
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. Nonconforming Signs. Legally established signs and sign structures which do not comply with the regulations and requirements in this chapter shall be subject to the provisions of chapter 17.100 BMC as a nonconforming use, except that 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 17.95.080. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.060 Permit requirements.
A. A permit shall be required to erect, re-erect, construct, reface, alter, expand, or relocate any sign or sign structure unless the type of sign is specifically excepted pursuant to BMC 17.95.070.
B. Applications for sign permits shall be submitted to the director upon forms provided by the city. Sign permit applications shall include:
1. Two site (plot) plans showing the location of the affected site, lot, premises, 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;
5. A list identifying the size and type of each existing sign located on the building, lot, site, premises, or business establishment. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.070 Exceptions.
The following shall not require a permit. These exceptions shall not be construed as an exemption from the other requirements of this chapter or other applicable laws and regulations.
A. Address signs are allowed without permit when the following conditions are met:
l. 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. Temporary signs as defined in subsection (B)(7) of this section are allowed without permit when the following conditions are met:
1. Only one sign is allowed for each street frontage of the property upon which the sign is located. Small directional signs may be placed at the end of the block where an occurrence requiring a sign is located with the property owner’s permission.
2. Signs shall not exceed nine square feet in area and six feet in height; flags must not exceed 15 square feet in area.
3. Signs shall not be illuminated.
4. 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 community development director or designee. Sign may not be placed on public street right-of-way or private property without an owner’s permission. Directional signs may not be placed in any improved roadway. Portable signs must be placed in a way that does not unduly obstruct foot or vehicular traffic.
5. Temporary signs shall not be placed upon public utility poles.
6. Signs shall be placed or erected at the time of the occurrence requiring the use of the sign and removed within 48 hours of the end of the occurrence requiring use of the sign.
7. Temporary signs include signs intended to be or allowed to be displayed for a limited period of time. Excepted temporary signs do not include ongoing commercial signage or readerboards. Temporary signs typically include the following:
a. Construction signs;
b. Real estate signs;
c. Directional signs;
d. Flags;
e. Garage sale signs;
f. Public notification signs; and
g. Signs, banners, streamers and other similar apparatus used in conjunction with a community event. 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.
Temporary signs that do not meet the description and conditions set forth above may be allowed pursuant to a permit pursuant to the conditions and terms of BMC 17.95.125.
C. Political Signs. Political signs on private property where allowed by the property owner or upon properties that lawfully constitute a public forum. Such signs shall be removed within one week after the election for which the sign is posted. Signs shall not exceed 16 square feet in size as viewed from one direction unless placed on an approved off-site location with greater allowed size limitations. Such signs shall observe the corner vision requirements of this title, and shall not be situated in a manner which creates a hazard.
D. Incidental signs located on the premises may be displayed on any window or door. Incidental signs are permanent signs that include emblems, decals, nameplates and other similar signs indicating residence, affiliation or membership in organizations, acceptance of credit cards, brand names of items sold, and other such information which pertains to the use of the premises.
E. 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.
F. 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. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.080 Review of signs/design standards.
The size, design, color, lighting, location and supporting structures of nonexempt 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 multi-tenant 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 multi-tenant 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. 1857 § 2 (Exh. B), 2018).
17.95.090 Residential district sign regulations.
Only those sign types listed below or identified as exceptions in BMC 17.95.070 shall be permitted in the R-1, R-2, and R-3 zones.
A. Residential Nameplate Signs.
1. Permitted sign types: building-mounted only.
2. Maximum sign area: two square feet.
3. Maximum number: one for each dwelling unit.
4. Location and setback requirements: may be mounted on a dwelling unit or accessory structure.
5. Permitted illumination: external illumination only.
B. Home Occupation Signs.
1. Permitted sign types: interior, building-mounted, or freestanding.
2. Maximum sign area: six square feet (24 inches by 36 inches).
3. Maximum number: one sign.
4. Location and Setback Requirements. Home occupation signs must be located on the same lot as the dwelling unit housing the home occupation and:
a. Interior signs shall be located within the building housing the home occupation; and
b. Building-mounted signs shall be affixed to the building housing the home occupation; and
c. Freestanding signs shall be located within 10 feet of the building housing the home occupation. Freestanding signs shall be subject to a maximum height of four feet, six inches.
5. Permitted illumination: external illumination only.
C. Signs Identifying Multifamily Developments or Subdivisions.
1. Permitted sign types: freestanding signs only.
2. Maximum sign height: five feet.
3. Maximum sign area: 30 square feet.
4. Maximum Number. One sign shall be allowed for each 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.
5. Location and Setback Requirements. 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.
6. Permitted Illumination. Internal or external illumination may be permitted. Externally illuminated signs shall be subject to BMC 17.95.050(G).
D. Noncommercial Public Service Signs.
1. Permitted sign types: freestanding, building-mounted, and readerboard.
2. Maximum sign height: see BMC 17.95.100(B).
3. Maximum Sign Area.
a. Freestanding signs: 24 square feet per side.
b. Building-mounted signs: see BMC 17.95.100(E).
4. Maximum Number.
a. Freestanding signs: one freestanding sign on each premises.
b. Building-Mounted Signs. Building-mounted signs shall be subject to the maximum area limits specified in BMC 17.95.100(E).
5. Permitted Illumination. Internal or external illumination may be permitted. Externally illuminated signs shall be subject to BMC 17.95.050(G), except that internally illuminated signs in residential zones shall be turned off between 10:00 p.m. and 6:00 a.m.
6. Special Standards. 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. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.100 Commercial, business, and industrial district sign regulations.
A. General. The following regulations and standards shall apply to all on-premises signs located in the B-1, BP, C-1, C-2, and M-1 zones; provided, that this section shall not apply to signs located within the downtown special planning area which shall be subject to the standards in BMC 17.95.110. Only those signs listed below shall be permitted.
B. Freestanding Signs, Individual on Premises. Individual businesses or uses that are not located in a multiple-tenant development may be identified by a single freestanding on-premises sign. The following regulations shall apply to all freestanding signs located in the B-1, BP, C-1, C-2, and M-1 zones, except for freestanding signs located within a multiple-tenant development which shall be subject to the requirements identified in subsections (C) and (D) of this section:
1. Maximum sign height: 25 feet except that:
a. Freestanding on-premises signs located within 500 feet of an I-5 interchange which are associated with a use catering to freeway travelers such as a gas station, eating and drinking establishment, or hotel may have a maximum height of 50 feet; and
b. Freestanding on-premises signs located on lots with freeway frontage may be 45 feet in height.
2. Maximum sign area: 50 square feet as viewed from one direction except that:
a. An additional 30 square feet may be permitted if the site is larger than one-half acre; and
b. An additional 30 square feet may be permitted if identification of more than one use within a development is included on the sign; and
c. An additional 30 square feet may be permitted if the sign uses natural materials (carved or sand-blasted wood, or marble or stone) and indirect illumination; and
d. An additional 30 square feet may be permitted for freestanding on-premises signs located within 500 feet of an I-5 interchange or on lots with freeway frontage when associated with a use catering to freeway travelers; and
e. 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 17.95.120; and
f. 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.
3. Maximum number: one sign for each tenant or use.
4. Location and Setback Requirements.
a. All freestanding on-premises signs shall be located on the same site or premises as the tenant or use with which they are associated; and
b. All freestanding on-premises signs shall be located within a landscaped planter with protective curbs located at least three feet from all support elements; and
c. All freestanding on-premises signs with a sign area greater than 50 square feet, or a sign height exceeding 25 feet, shall be subject to a property line setback of 10 feet. This setback shall be measured from the outer edge of the sign closest to the property line.
5. Permitted Illumination. Internal or external illumination may be permitted. Externally illuminated signs shall be subject to BMC 17.95.050(G).
C. Development Complex Signs, Primary. The following standards and regulations shall apply to all multiple-tenant developments and to freestanding signs located in a multiple-tenant development:
1. Maximum sign height: see subsection (B)(1) of this section.
2. Maximum sign area: see subsection (B)(2) of this section.
3. Maximum Number. One development complex sign shall be allowed for each multiple-tenant development, even when more than one tax lot or ownership is included in the development, except that:
a. Two additional signs may be used to identify a multiple-tenant development if the development has access points located at different major arterials; provided, that the additional signs shall be located at an arterial point; and further provided, that only one such sign shall be located at each access point; and
b. Two single-faced signs oriented in opposite directions may be used in lieu of a single double-faced identification sign.
4. Location and Setback Requirements. Development complex signs shall be located within the multiple-tenant development with which they are associated and may only be used to advertise the development and the tenants and uses located within the development.
5. Permitted Illumination. Internal or external illumination may be permitted. Externally illuminated signs shall be subject to BMC 17.95.050(G).
D. Development Complex Signs, Supplemental. A monument sign may be used to identify individual tenants within a multiple-tenant development which are not otherwise identified by a primary development complex sign subject to the following:
1. Permitted sign types: freestanding only.
2. Maximum sign height: six feet.
3. Maximum sign area: 36 square feet.
4. Maximum Number. Only one monument sign shall be allowed for each tenant or business.
5. Location and Setback Requirements.
a. Each sign shall be located in front of the tenant or business it identifies; and
b. Each sign shall be located within a landscaped area surrounded by curbing located at least three feet from the base of the sign unless the sign is located next to a sidewalk.
c. Each sign shall be located at least 50 feet from any primary development complex sign and 100 feet from any supplemental development complex sign.
d. Signs shall not be located within a radius of 20 feet of the corner of any two streets or the corner of a driveway and street.
6. Material and Design Requirements. Colors and materials shall be the same, or substantially the same, as those used on the building housing the tenant or business identified by the sign.
7. Permitted Illumination. Internal or external illumination may be used subject to the general illumination standards in BMC 17.95.050(G).
E. Building-Mounted Signs. Building-mounted signs identifying the use of space within the building on which the sign is mounted may be permitted subject to the following conditions:
1. Maximum Sign Area. The total combined area of all building-mounted signs on a building frontage shall be limited to two square feet for each linear foot of building frontage, except that if a tenant is not identified by any other sign 60 square feet may be permitted regardless of frontage length.
2. Permitted Illumination. Signs may be internally or externally illuminated subject to BMC 17.95.050(G).
F. Movie Theaters. The following additional provisions shall apply to on-premises signs advertising movie theaters:
1. Movie theaters with freeway frontage or located within 500 feet of a freeway interchange may have up to two freestanding signs provided one freestanding sign is located along an arterial and one sign is located along the freeway frontage. Signs permitted by this provision shall be limited to 100 square feet per sign face.
2. Readerboards may be incorporated into freestanding signs or building-mounted signs; provided, that no moving messages shall be permitted; and further provided, that the total area of any such sign does not exceed the maximum permitted sign area.
G. Permitted Temporary and Portable Signs. The following regulations shall apply to temporary and portable signs permitted pursuant to BMC 17.95.125:
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 movable 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 miles per hour.
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 17.45.080(B)(2) of this section, 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.
H. 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. 1857 § 2 (Exh. B), 2018).
17.95.105 Neighborhood business district sign regulations.
A. General. The following regulations and standards shall apply to all on-premises signs located in the MR-NB and R-S zones. Only those signs listed below shall be permitted.
B. Permitted sign types: building-mounted or freestanding.
C. Maximum sign height: Freestanding signs shall be limited to a maximum height of five feet.
D. Maximum sign area: 20 square feet.
E. Maximum number: one sign for each building or premises.
F. Location and Setback Requirements. Freestanding signs shall be located in front of, and within 15 feet of, the building they are associated with.
G. Permitted Illumination. Internally illuminated signs are prohibited. Externally illuminated signs shall be subject to the general standards in BMC 17.95.050(G).
H. Permitted Temporary and Portable Signs. The following regulations shall apply to temporary and portable signs:
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 movable 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 miles per hour.
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 17.45.080(B)(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.
I. 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. 1857 § 2 (Exh. B), 2018).
17.95.110 Areas zoned B-1 and C-1 and located in downtown on Fairhaven Avenue and Victoria Avenue sign regulations.
A. General. In addition to any other applicable standards or requirements identified in this chapter, signs located within the downtown special planning areas shall be reviewed for conformance with the downtown design guidelines as adopted in the comprehensive plan.
B. Permitted Sign Types. Each building or premises may have either a freestanding sign or a building-mounted sign. Building-mounted signs may be projected signs.
C. Maximum Sign Height. Maximum sign height shall be 25 feet.
D. Maximum Sign Area. Maximum sign area shall be 25 square feet.
E. Maximum Number. A single sign is permitted for each building or premises.
F. Special Standards. Building-mounted signs which project over a sidewalk or alley (within the right-of-way) shall 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. 1857 § 2 (Exh. B), 2018).
17.95.115 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 17.70.050 and 17.70.060.
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. 1857 § 2 (Exh. B), 2018).
17.95.120 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 17.95.100.
B. An LED gas price sign is permitted with digit heights of six, eight, 12, 15, 22 and 30 inches for gas prices only, in locations specified in BMC 17.95.100, to be included in maximum sign area.
C. Electronic message center signs and other changeable copy signs shall be incorporated into a permanent identification sign which is otherwise permitted by this chapter. Approval for electronic message center signs shall not be granted unless the following conditions are satisfied:
1. Only one electronic message center sign shall be used in a development;
2. The changeable copy sign or electronic message center shall be integrated into a nonelectronic sign and the electronic portion of the sign shall not exceed:
a. Eighty square feet in sign area for signs 40 feet or less in height;
b. One hundred fifty square feet in sign area for signs over 40 and less than 50 feet in height;
c. Two hundred fifty square feet in sign area for signs 50 feet in height;
d. Sign pole width shall be a maximum of one-fourth of the sign width;
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 a multiple-tenant development complex, a group of businesses, or an individual business;
5. Location shall be within 100 feet of the Interstate 5 right-of-way and the sign shall be oriented to Interstate 5, separated along each side of I-5 by 1,500 feet;
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 a minimum of four 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. 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 shall be programmed to automatically adjust illumination for all times of day and night.
D. No other signs or illuminating devices shall have blinking, flashing, or fluttering lights. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.125 Permitted temporary or portable signs.
The following regulations shall apply to all temporary or portable signs not exempt under BMC 17.95.070:
A. Special Events Sign Permit. Temporary signs, banners, lights, streamers, inflatables, balloons, and other similar apparatus used in conjunction with a special event may be used after obtaining a special event permit subject to the following conditions:
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, electric cord, streamer, banner, or other apparatus shall be situated or used in a manner which creates a hazard.
B. 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.
C. 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. 1857 § 2 (Exh. B), 2018).
17.95.130 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 community development director or designee 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 shall be established by planning commission. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.135 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 17.95.125:
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 wire stake signs, A-frame, sandwich board signs and portable readerboard signs. See BMC 17.95.125(B) for exceptions;
11. Persons carrying or wearing portable advertising signs or costumes designed to advertise a business. See BMC 17.95.125(C) for exceptions;
12. Signs mounted on the tops of roofs, projecting above parapet walls, are prohibited. (Ord. 1857 § 2 (Exh. B), 2018).
17.95.140 Variances.
Relief from or modifications of the size limits of signs regulated by this chapter require a zoning variance as provided in BMC 14A.05.150. (Ord. 1857 § 2 (Exh. B), 2018).