22B.10.200 Nonconforming signs | Bellevue City Code

22B.10.200 Nonconforming signs.

A. General. 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 nine 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.

1. Notification of Nonconformity or Illegality. The director shall, as soon as practicable, survey the city for signs which do not conform to the requirements of this code. Upon determination that a sign is nonconforming or illegal, the director shall use reasonable efforts to so notify, either personally or in writing, the sign user or owner of the sign, and where practicable the owner of the property on which the sign is located, of the following; provided, that the business licensee of the business with which the sign is associated shall be presumed to be the sign user under this code:

a. The sign’s nonconformity or illegality;

b. 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.

2. Signs Eligible for Nonconforming Sign Permit. Any sign which does not conform with the provisions of this code is eligible for a nonconforming sign permit; provided it meets all of the following requirements:

a. The sign is either located within the city limits on the date of adoption of this code, or located in areas annexed to the city thereafter;

b. The sign must be an on-premises sign;

c. The sign must be a primary sign;

d. The sign must not be a temporary sign;

e. The sign must not be a sign prohibited by BCC 22B.10.150;

f. The sign must not be an incidental sign; and

g. Either:

i. The sign was covered by a sign permit on the date of adoption of this code, if one was required under applicable law; or

ii. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this code.

3. Number of Nonconforming Signs Permitted. Each sign user having nonconforming signs meeting the requirements of subsection (B)(2) of this section shall be permitted to retain one (only) such sign along each street upon which the business premises fronts. A nonconforming sign permit must be obtained for each sign to be retained.

4. Permit for Nonconforming Signs. A nonconforming sign permit is required for each nonconforming sign designated under subsection (B)(3) of this section. 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, within 60 days of notification by the city (under subsection (B)(1) of this section) that the sign is nonconforming. The permit shall be issued for a fee and shall expire at the end of the applicable amortization period prescribed in subsection (D)(2) of this section. 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 director 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 shall within six months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, sign owner or owner of the property on which the sign is located to the remedies and penalties of subsection C of this section.

5. Loss of Nonconforming Status. A nonconforming sign shall immediately lose its nonconforming designation if:

a. The sign is altered in any way in structure or copy (except for changeable copy and normal maintenance described in subsection E of this section), which tends to or makes the sign less in compliance with the requirements of this code than it was before the alteration; or

b. The sign is relocated to a position making it less in compliance with the requirements of this code; or

c. The sign is replaced; or

d. Any new primary sign is erected or placed in connection with the enterprise using the nonconforming sign; or

e. 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 (under subsection (A)(1) of this section) that the sign is nonconforming and that a permit must be obtained. If a sign loses its nonconforming status pursuant to subparagraphs a, b, c, d, or e, any permit or designation for what had been designated as a nonconforming sign shall become void, the director 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 code and a new permit secured therefor, or shall be removed.

C. Illegal Signs. Any illegal sign is any sign which does not comply with the requirements of this code within the city limits as they now or hereafter exist, and which is not eligible for a nonconforming sign permit under BCC 22B.10.200(B)(2) may be immediately removed by the city if the sign is located on city property or right-of-way. The city may remove an illegal sign located on private property no less than 10 days following the mailing of notice to the property owner or person in charge of the premises that the sign is illegal and must be removed.

D. Amortization Period for Nonconforming Signs. Nonconforming signs for which a nonconforming sign permit has been issued may remain in a nonconforming state for nine years after the date of installation of the sign, or six years after notification by the city of the sign’s nonconformity, whichever is longer. Thereafter, subject to subsection F of this section, the sign shall be brought into conformity with this code with a permit obtained therefor, or be removed; provided, however, that the amortization period established by this section may be used only so long as the sign retains its nonconforming status (see BCC 22B.10.200(B)(5)); and, provided further, that upon any change in land use or occupancy, or change in business name, such nonconforming signs shall, within six months, be brought into conformity with this code with a permit obtained therefor, or be removed. The authorization provision of this code shall not apply to signs the advertising or informative content of which are oriented toward and visible from the main traveled portion of the interstate system or other state highway.

E. Nonconforming Sign Maintenance and Repair. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from the provisions of this code regarding safety, maintenance and repair of signs, contained in BCC 22B.10.140, and from the provisions on prohibited signs, contained in BCC 22B.10.150; provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it less in compliance with the requirements of this code, or the sign will lose its nonconforming status. (See subsection (B)(5) of this section.)

1. Applicability. This subsection F applies to each sign which is required to be removed pursuant to subsection D of this section following the amortization period.

2. Purpose. A sign amortization exemption is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city.

3. Who May Apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection D of this section may apply for a sign amortization exemption.

4. Special Filing Requirement. The applicant must submit a completed application for a sign amortization exemption within 60 days of notification by the city as provided in subsection (B)(1) of this section that the sign is nonconforming, or is thereafter barred from making such application. If a completed application is not filed, the sign is illegal and in violation of this code.

5. Applicable Procedure. The city will process an application for a sign amortization exemption through Process II, LUC 20.35.200 et seq., as now or hereafter amended.

a. The director shall specify the submittal requirements, including type, detail and number of copies, for a sign amortization exemption application to be deemed complete and accepted for filing.

b. The director may waive specific submittal requirements determined to be unnecessary for review of an application.

7. Decision Criteria. The director may approve or approve with modifications an application for a sign amortization exemption if:

a. The sign is compatible with the architectural design of structures on the subject property; and

b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located; and

c. The sign complies with BCC 14.60.240 (Street intersection sight obstruction), as now or hereafter amended; and

d. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible.

8. Effect of Exemption. If the director approves or approves with modification a sign amortization exemption, that sign may remain until removal is required pursuant to subsection (B)(5) or (C) of this section.

9. Assurance Device. The director may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490, as now or hereafter amended, to assure compliance with the provisions of the sign code and exemption as approved.

10. Fee. The applicant shall pay a fee upon application which is equal to that land use review and processing fee required for a variance to the sign code. (Ord. 6427 § 25, 2018; Ord. 5151 § 5, 1999; Ord. 4818 § 20, 1995; Ord. 3763 § 1, 1987; Ord. 3683 § 9, 1986; Ord. 2953 § 13, 1981; Ord. 2568 § 2, 1978; Ord. 2045 § 5, 1974; 1961 code § 17.01.150.)