1. Sign RegulationsTri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Kalispell Zoning Ordinance Text Amendment - Sign Regulations
MEETING DATE: June 9, 2004 Work Session
BACKGROUND: These changes were initiated by the City of Kalispell. Review and
revision of the sign regulations was placed on the Kalispell Planning Board's work
program list for the fiscal year to address discrepancies in the sign regulations in
several areas. Specifically, political signs, temporary signs, non -conforming signs and
general consistency within the regulations overall. Over the last several months the
planning board has been holding work sessions to review the sign regulations and
have made proposed changes to certain areas. Political signs have been treated in a
manner that has proven to be inconsistent with recent court decisions regarding
manner, time and place of display. The planning board has sought to bring the sign
regulations in compliance with current case law parameters. Additionally, some
clarification was warranted regarding the display of temporary signs and more specific
guidelines given to manner, time, and place of display of temporary signs. Nearly
across the board the City has prohibited the display of any type of non -governmental
signs in the public right of way due to potential liability issues. More specific
language has been given to the replacement, reconstruction and repair of non-
conforming signs and when they must be brought into compliance. Electronic
message boards have also been addressed in the changes that limits the size, timing
of messages on the electronic message boards so they do not blink, colors allowed on
electronic message boards so they do no resemble traffic lights and a requirement for
the display of time and temperature.
Kalispell City Planning Board met on May 11, 2004 and held a public hearing to
consider these amendments. At the public hearing no one spoke either in favor or in
opposition to the changes.
The board discussed the proposed amendments. Several minor amendments were
made to the sign regulations to provide clarity and a motion was made to recommend
to the Kalispell City Council that the proposed amendments be approved as outlined
on attached Exhibit A. The motion passed unanimously.
RECOMMENDATION: A motion to adopt the first reading of the ordinance amending
the sign regulations would be in order.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Kalispell Zoning Ordinance Text Amendment- Sign Regulations
May 25, 2004
Page 2
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
4
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: May 25, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report #KZTA-04-1 and application materials
Draft minutes from 5/ 11/04 planning board meeting
TRANSMIT\KALISPEL\2004\KZTA04-1
TO:
FROM:
DATE:
RE
City of Kalispell
Zoning Administrator
248 3`a Avenue East— Kalispell, MT 59901 — Telephone (406) 758-7732 — Fax (406) 758-7739
MEMORANDUM
NARDA WILSON, TRI-CITY PLANNING OFFICE
PJ SORENSEN, ZONING ADMINISTRATOR
MAY 11, 2004
GENERAL ZONING ENFORCEMENT
discussed the civil citation process with Charlie, and we think that the best way to
incorporate that process is to incorporate by reference the existing provisions in the city code
relating to municipal infractions. We would like to run the change through the planning process
as soon as we can given the workload that the Planning Board has had. If you think that we can
replace the language reviewed last night with this, we could do that. Let me know what works
for you.
The zoning text amendment would read as follows:
CHAPTER 27.36
ENFORCEMENT
Sections:
27,36.010 Penalty for Violation
27.36.020 Use of Available Remedies Authorized
27.36.010: Penalty for Violation. Any person or corporation, whether owner, lessee,
principal agent, employee, or otherwise, who violates any provisions of these
regulations or permits any such violation or fails to comply with any of the
requirements thereof, or who erects, constructs, reconstructs, alters, enlarges,
converts, moves, or uses any building or uses any Land in violation of any detailed
statement or plans submitted by him and approved under the provisions of these
regulations, may be ' ,
subject
to penalties as a municipal infraction pursuant to Chapter 1, Article II of the
Kalispell City Code. Each day of continued violation shall constitute a separate,
additional violation. The zoning administrator or his authorized agent is hereby
authorized to enforce the City of Kalispell Zoning Ordinance by issuing a civil
citation.
27.36.020: Use of Available Remedies Authorized. In the event that any building or
structure is erected, reconstructed, altered, converted, or maintained, or any
building, structure, or land is used in violation of these regulations, the proper
legal authorities of the city council in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
maintenance, or use, to restrain, correct, or abate such violation, to prevent the
occupancy of such building, structure or land, or to prevent an illegal act, conduct,
business, or use in or about such building, structure or land.
For reference purposes, I have included Chapter 1, Article II of the Kalispell City Code:
ARTICLE 11. MUNICIPAL INFRACTIONS
I-11: DEFINITIONS:
MUNICIPAL INFRACTION: Any violation of this code, as amended, which has been
specifically declared to be a municipal infraction under provisions of this code.
OFFICER: Any employee or official authorized to enforce provisions of this code, as
amended.
REPEAT VIOLATION: A recurring violation of the same section of this code. Each day
that a violation occurs or is permitted to exist constitutes a separate and distinct
infraction. (Ord. 1430, 8-5-2002)
1-12: MUNICIPAL INFRACTIONS; PENALTIES:
A. A municipal infraction is a civil offense and for a proven violation, a civil penalty
may be imposed.
B. For a first violation, a civil penalty of not more than three hundred dollars
($300.00) shall be imposed.
C. For each repeat violation, a civil penalty not to exceed five hundred dollars
($500.00) shall be imposed.
D. Seeking a civil penalty as authorized in this article does not preclude the city from
seeking alternative relief from the court in the same action. (Ord. 1430, 8-5-2002)
I-13: CIVIL CITATIONS; SERVICE AND REQUIREMENTS:
A. Any officer who is authorized by the city to enforce a municipal code or
regulation may issue a civil citation to a person who commits a municipal
infraction.
B. The citation may be served on the alleged violator by any one of the following
methods:
1. Personal service; or
2. By certified mail addressed to the defendant at the defendant's last known mailing
address, return receipt requested; or
3. By publication, in the manner described in rule 41)(5) of the Montana rules of civil
procedure.
C. A copy of the citation must be retained by the issuing officer and one copy be sent
to or filed with the clerk of the Kalispell municipal court.
D. The citation shall serve as notification that a municipal infraction has been
committed and shall contain the following information:
1. The name and address of the defendant;
2. The name or description of the infraction attested to by the officer issuing the citation;
3. The location and time of the infraction;
4. The amount of the civil penalty to be assessed or the alternative relief sought, or both;
5. The manner, location and time in which the penalty may be paid;
6. The time and place of court appearance; and
7. The penalty for failure to appear in court. (Ord. 1430, 8-5-2002)
1-14: COURT PROCEEDINGS:
A. If the total amount of civil penalties does not exceed three thousand dollars
($3,000.00), the matter shall be tried before the municipal court judge in the same
manner as a small claim. If the total amount of civil penalties assessed exceeds
three thousand dollars ($3,000.00), the matter must be tried before a district court
judge.
B. The city has the burden of proof that the municipal infraction occurred and that
the defendant committed the infraction. The proof must be by clear and
convincing evidence.
C. The court shall ensure that the defendant has received a copy of the charges and
that the defendant understands the charges. The defendant may question all
witnesses who appear for the municipality and produce evidence or witnesses on
the defendant's behalf.
D. The defendant may be represented by counsel of the defendant's own choosing
and at the defendant's own expense.
E. The defendant may answer by admitting or denying the infraction.
F. If a municipal infraction is proven, the court shall enter judgment against the
defendant. If the infraction is not proven, the court shall dismiss the charges.
G. If the person named in the citation is shown to have been served with the civil
citation in the proper manner and, without good cause, fails to appear in response
to the citation, judgment shall be entered against the person by the court. (Ord.
1430,8-5-2002)
1-15: DISPOSITION FOLLOWING JUDGMENT:
A. A person against whom judgment is entered shall pay court costs and fees as in
small claims court under title 25, chapter 35, Montana Code Annotated in addition
to the penalties imposed by the court. If the action is dismissed by the court, the
city is liable for the court costs and court fees.
B. All penalties and forfeitures collected by the court for municipal infractions shall
be remitted to the city in the same manner as fines and forfeitures collected for
criminal offenses.
C. In addition to the imposition of civil penalties authorized by law against a
defendant, the city may seek alternative relief from the court in the same action.
Alternative relief may consist of any of the following:
1. Direct that payment of the civil penalty be suspended or deferred under conditions
imposed by the court; or
2. Order the defendant to abate or cease the violation; or
3. Authorize the city to abate or correct the violation; or
4. Order the city's costs for abatement or correction of the violation be entered as a
judgment against the defendant or assessed against the property where the
violation occurred, or both.
a. The amount of costs imposed by the municipal court shall not exceed the jurisdictional
amount for a money judgment in a civil action under section 3-1 I-103, Montana
Code Annotated.
b. If the city seeks abatement or correction costs in excess of the jurisdictional limit
provided in subsection C4a of this section, the matter shall be referred to district
court for hearing and entry of an appropriate order. The procedure for hearing in
the district court shall be the same procedure as that for a small claims appealed
under section 25-35-803, Montana Code Annotated.
D. A defendant who wilfully violates the terms of an order imposed by the court is
guilty of contempt. (Ord. 1430, 8-5-2002)
1-16: APPEALS FOLLOWING JUDGMENT:
A. The defendant or the city may file a motion for a new trial or may appeal the
decision to district court.
B. A factual determination made by the trial court, supported by substantial evidence
as shown on the record, is binding for purposes of appeal relating to the violation
at issue, but is not admissible or binding as to any future violations for the same
or similar ordinance provision by the same defendant. (Ord. 1430, 8-5-2002)
1-17: ISSUANCE OF CIVIL CITATIONS NOT GROUNDS FOR FURTHER LEGAL
ACTION:
Except for wilful or wanton misconduct on the part of the city, the issuance of a civil
citation for a municipal infraction or the ensuing court proceedings do not provide
an action for false arrest, false imprisonment, or malicious prosecution. (Ord.
1430, 8-5-2002)
1-18: ENVIRONMENTAL ACTIONS:
An action brought by the city for an environmental violation does not preclude, and is in
addition to, any other enforcement action that may be brought under state law.
(Ord. 1430, 8-5-2002)
Charles A. Harball
City Attorney
TO:
FROM:
SUBJECT:
MEETING DATE:
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispeli.com
Proposed Amendments to Sign Regulations — Political
Signs
Wednesday, June 9, 2004
BACKGROUND: The Kalispell City Planning Board and staff at Tri-City
Planning and City Zoning Departments have been working on a project to improve
and update the existing sign ordinances. Included in this update is the City's
treatment of "political signs". At proposed KCC 27.24.050(1)(d) a "Political sign not
exceeding 32 square feet located on private property" is exempt from requiring a
permit as are "Campaign and election signs which are removed within 14 days after
the election." I believe that the ordinance written in this way may be exposed to a
legal attack. Noncommercial (political and campaign content) speech is afforded
extra protections under the Constitution. It could be said that requiring campaign
and election signs to be removed within a certain time period and not requiring
other temporary signs (real estate, for instance) to be removed in the same time
period is providing a different treatment based upon the content of the sign. I
would also note that although 27,24.050 discusses the allowance of certain
"temporary signs", the term is not defined and some described "temporary signs" are
given no time limit — (b) Real Estate Signs (d) Political Signs and (g) One decorative
banner.
RECOMMENDATION: I can see and understand that the Planning Board and
staff are trying to apply a commonsense approach to the time limits placed on
"temporary signs" that are not required to be permitted. Unfortunately, our
appeals courts have not always looked at these issues with a lot of common sense.
The courts have made it clear that although local government may regulate signage
for the purposes of promoting safety, health and the general welfare of its citizens,
Political Signs Memo
June 7, 2004
Page - 2
it must not, however, give a different treatment based upon the content of the sign
regulation must be content neutral. For this reason, I would suggest that political,
campaign and election signs be included within a definition of temporary signs not
requiring a permit and that a uniform time limit be applied to all temporary signs.
Respectfully submitted,
Charlearall,ityAttorney
Office of City Attorney
City of Kalispell
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
May 21, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell Zoning Ordinance Text Amendment — Sign Regulations
Dear Chris:
The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to
consider a request by the City of Kalispell to consider various amendments to the
Kalispell Zoning Ordinance relating to the sign regulations. Several work sessions
were held by the planning board to address issues that were identified by the city
council and staff in the sign regulations.
Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-04-1
evaluating the proposal and recommended approval of the proposed amendments.
At the public hearing no one spoke either in favor or in opposition to the changes.
The board discussed the proposed amendments. Several minor amendments were
made to the sign regulations to provide clarity and a motion was made to recommend
to the Kalispell City Council that the proposed amendments be approved as outlined
on attached Exhibit A. The motion passed unanimously.
Please schedule this matter for the June 7, 2004 regular city council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
George Taylo
President
GT, NW/ma
Providing Community Planning Assistance To:
• City of Kalispell o City of Columbia Fails • City of Whitefish
Kalispell Zoning Ordinance Text Amendment— Sign Regulations
May 25, 2004
Page 2
Attachments: Exhibit A
Staff report #KZTA-04-1 and application materials
Minutes 5/ 11/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
KALISPELL ZONING ORDINANCE TEXT AMENMENT - SIGN REGULATIONS
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
MAY 11, 2004
The Kalispell City Planning Board is recommending to the Kalispell City Council that
they approve the following amendments to the Kalispell Zoning Ordinance as outlined in
the attached Draft document.
Sign Regulations - Page t
EXHIBIT A
CHAPTER 27.24
SIGN REGULATIONS
Sections:
27.24.010
Purpose
27.24.020
Scope
27.24.030
Signs Prohibited
27.24.040
Permits Required
27.24.050
Signs Not Requiring Permits
27.24.060
General Standards for all Signs
27.24.070
Sign Area Allowances
27.24.080
Regulations for Specific Categories of Signs
27.24.090
Permitted Signs in Zones R-1, R-2, R-3, and R-4
27.24.100
Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, H-1, B-1, P-1,
and PUD
27.24.110
Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2
27.24.120
Standards
27.24.130
Maintenance
27.24.140
Sign Permit
27.24.150
Non -Conforming Signs and Signs Without Permits
27.24.160
Violations
27.24.170
Enforcement and Remedies
27.24.180
Removal of Signs by the Administrator
27.24.190
Appeals
27.24.200
Variances
27.24.010: Purpose. The purpose of this Chapter shall be to coordinate the type,
placement, and physical dimensions of signs within the different land -use
zoning classifications of Kalispell; to recognize the commercial
communication requirements of all sectors of the business community; to
encourage the innovative use of design; to promote both renovation and
proper maintenance; to promote the aesthetic objectives of the city; to
improve pedestrian and traffic safety; to enhance the natural scenic
qualities of the area; to minimize the possible adverse effect of signs on
nearby public and private property; to promote the tourist economy of the
city; and to guarantee equal treatment under the law through accurate
record keeping and consistent enforcement. These shall be accomplished
by regulation of the display, erection, use and maintenance of signs. The
use of signs is regulated according to zoning classifications. No sign shall
be permitted as an accessory use to a permitted or conditionally permitted
use except in accordance with the provisions of this Chapter.
Sign Regulations - Page 2
27.24.020: Scope. This Chapter shall not regulate official traffic or government
signs; the copy and message of signs; signs not intended to be viewed
from a public right-of-way; product dispensers and point of purchase
displays; scoreboards on athletic fields; flags of any nation, government or
noncommercial organization; gravestones; religious symbols;
commemorative plaques; decorative holiday light displays; traditional
barber poles; the display of street numbers; or any display or construction
not defined herein as a sign.
27.24.030: Signs Prohibited. The following types of signs are prohibited in all
districts: No permit shall be issued for the erection of any signs prohibited
by this section.
(1). Abandoned Signs.
(2). Inflatable signs, balloons, tethered balloons, searchlights, beacons
or other gas filled or air filled figures (except as allowed in Section.
(3). Streamers, pennants, strings of pennants or other flying attractants.
(4). Banners on public property or rights -of -way (moved for clarity),
except as otherwise permitted by other city standards or policies.
(5). Signs imitating or resembling official traffic or government signs
or signals.
(6). Snipe signs or signs attached to trees, telephone/electrical poles,
public benches, streetlights, or placed on any public right-of-way.
(7). 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 peftawle signs of to signs or lettering on buses, taxis, or
vehicles operating during the normal course of business.)
(8). Roof Signs unless architecturally incorporated into the facade of
the building on a parapet wall or similar extension of an exterior
wall.
(9). Any temporary or portable signs except as otherwise permitted in
Section 27.24.050(1)(c).
(10). Mechanically animated and/or flashing signs. See also Section
27.24.060(1))
Sign Regulations - Page 3
(11). Any temporary or portable sandwich board signs or other portable
signs located on public sidewalks or in the public right of way.
27.24.040: Permits Required. Unless otherwise provided by this ordinance, all signs
shall require permits and payment of fees as described in Section
27.24.140 of this ordinance. No permit is required for the routine
maintenance of a sign. Changing a face or other component of a sign is
considered an alteration of the sin and shall not be considered routine
maintenance.
27.24.050: Signs Not Requiring Permits. The following types of signs are
exempted from permit requirements but must be in conformance with all
other requirements of this ordinance:
(1). Allowed temporary Signs. Signs erected on a temporary basis such
as, but not limited to, the following categories of signs:
(a). Construction Signs. No more than one (1) sign per
contractor of a building which is under construction
provided the advertising display area of such sign shall not
exceed six (6) square feet in residential districts or sixteen
(16) square feet in other districts. Additionally, one (1)
sign is allowed which shall not exceed sixteen (16) square
feet advertising the business(es) which will occupy the lot.
Such signs shall be removed within 30 days of occupancy
of the building.
(b). Real Estate Signs. One two-faced sign per lot not exceeding
six (6) square feet per sign face in residential districts or
sixteen (16) square feet in other districts.
(c). Speeial EverA Displays. Onepertahle sign, banners,
balleefis andpefinatAs may be erected an the
establishment in a commercial or- industfial zone hw,.'...
-fand apening or speeial 0
shall be displayed for a period not to exeeed seven (7)
the .vwil4en , al of the zenifig .,.1.. mini,-..
Temporary signs are allowed in association with
commercial and industrial uses for special event such as
grand openings or special sales for single period of time not
to exceed 14 total days within a 6 month period and subject
to the written approval of the zoning administrator.
Sign Regulations - Page 4
1). Banners mounted directly on and parallel to a building
wall.
2). One temporary
or portable
sign
(such as a
portable
reader board
or sandwich board,
etc)
per lot is
allowed.
exp.t
limited to A ccot in
hei i.t
a .
o cot
8tiTB are
and
business:
(d). Political signs not exceeding 32 square feet located on
Private property. r�ms¢se5ra¢sese:�eazi�s�zsnrersrss
or ballot iss, signs not to exeeed six (6) square
feet pet sign face in residential districts and sixteeft-�44)
square f�et per- sign faee in other distfiets and ereeied iie
th—ai; R4;p, Iveek after, the election of eveiit to which the -Sign
(e). Campaign and election signs which are removed within 14
days after the election.
(f). Signs associated with neighborhood garage or yard sales or
similar function. Such signs must be removed within one
(1) week following the sale.
(g). One decorative banner per place of business with no
commercial message.
(2). General Standards for Temporary Signs.
(a). A temporary sign shall not be placed on or extend over the
public right-of-way.
(b). The location of a temporary sign is subject to clear vision
triangle requirements and the location requirements for
freestanding/ground signs contained in Section 27.24.080(1).
The location is further subiect to site and building access
requirements.
(c). A temporary sign shall be designed to be stable under all
weather conditions, including high winds.
(d). A temporary sign shall not advertise or promote any off -
premise commercial enterprise or event.
Sign Regulations- Page 5
(3). Directional Signs. A sign, other than a government sign, not more
than four (4) square feet which provides directions for traffic flow
to places of business.
(4). Identification Signs. One sign per street front, setting forth or
denoting the name of any public, charitable, or religious institution
when located on the premises of such institution, provided such
sign or bulletin board shall not exceed sixteen (ro) 24 square feet
in sign area per face, subject to the height for the given zoning
district.
(5). Interior Window Signs. Any incidental signage erected inside of
or painted on a window or otherwise located within a building
except strobe lights, blinking lights or other such similar devices
that are intended to draw attention to a use from passing vehicular
traffic.
(6). Subdivision Identification Signs. One sign not to exceed sixteen
46) 20 square feet in area or two (2) signs not to exceed twelve
(12) square feet each per exclusive entrance to a subdivision or
tract. Such signs shall be restricted to the subdivision or tract name
and not exceeding six feet in height.
(7). Government Signs. Any sign erected by a government agency
(e.g... traffic signs and legal notices) and signs indicating utility
locations.
(8). Nameplates. One per dwelling or tenant names at main entrance
of any non-residential use not exceeding one square foot per
nameplate.
(9). Incidental Signs. Signs that are generally informational, that have
a purpose secondary to the use on the lot on which it is located,
such as "no parking," "entrance," "loading only." "telephone." and
other similar directives. No sign with a commercial message
bible from a_position off the zone lot on which the sign is located
shall be considered incidental.
(10). Works of art that do not include a commercial message.
27.24.060: General Standards For All Signs.
(1), Signs shall not rotate, move, flash, change or blink, except if
utilized by a government agency for public safety or information.
Sign Regulations - Page 6
(2). An electronic message board center- (autom tie chanageable capysigfl
may display ehanging inforination but shall not flash of blink
the 7message or picutfe aispla� provided it displays time and
temperature a minimum of every 30 seconds. The sign must be
incorporated into the primary sign shall not comprise more than 25
percent of the primary sign area. The electronic message shall not
change in increments of less than five seconds and shall not use
flashing or blinking characters. The use of colors, which can be
confused with traffic signs such as red or green, are prohibited.
(3). Signs, if illuminated, shall be lighted by continuous, stationary,
shielded light sources, directed solely at the sign, or internal to it.
Shielding is not required if exposed bulbs are eleven (11) or less
watts.
(4). Portable or movable reader boards signs (see ,a,..,,. gable earl,
manual) sl+41�-l� are -prohibited except when used to announce a
temporary event [see 27.24.050(l)(c)] or when used in conjunction
with temporary businesses rrev�-and shall be is placed at
least fifteen (15) feet back from the public right-of-way.
(5). No more than se�-five twenty five percent {7-5%) of any sign
area may incorporate a reader board. The reader board portion
shall be architecturally incorporated into the overall design of the
sign. No such sign shall be considered to be architecturally
incorporated unless the reader board is contiguous to the remainder
of the sign face and is bounded by the same or similar framework.
(6). Signs attached to buildings shall not extend above the wall to
which they are attached unless erected to comply with
27.24.030(8).
(7). The advertising display area for freestanding signs shall include no
more than two (2) faces except that more than two (2) faces may
be permitted for signs serving multiple businesses rn�e
27 nen(3)] The advertising display area for wall signs shall be
limited to a single sign face.
(8), No off -premise sign shall be located in any residential zoning
district except as may be associated with incidental neighborhood
sales fas per Section 27.24.050(1)(e). See also Section 27.24.030.
Sign Regulations - Page 7
27.24.070: Sign Area Allowances. The maximum sign area allowance for a
particular property shall be calculated as per subsection (1) or (2) below
unless otherwise specified in this Chapter. Sign area allowances shall only
be applicable to developed properties, and shall include all conforming
and nonconforming signage for which permits have been issued per
Section 27.24.150.
(1). Building Frontage Length.
(a). When building frontage is less than 200 feet, the maximum
sign area for the property shall be equal to three (3) square
feet for each lineal foot of building frontage length.
(b). When building frontage exceeds 200 feet, the maximum
sign area shall be equal to 400 600 square feet plus one
square foot for each additional lineal foot of frontage
beyond 200 feet.
(c). As applicable to shopping centers or lots containing
multiple businesses or where common signage is shared
between two or more adjacent lots, the calculation of
allowable sign area shall be as per (a) and (b) above, except
the square footage allowance increases to three and one-
half (3-1/2) square feet and one and one-half (1-1/2) square
feet, respectively, provided that a common signage plan is
submitted and approved.
(d). The sign allowance shall be calculated on the basis of the
length of the one building frontage which is most nearly
parallel to the street it faces. In the event a building does
not have frontage on a dedicated public street or has
frontage on more than one street, the owner of a building
may designate the one building frontage which shall be
used for the purpose of calculating the sign allowance.
(2). Lot Length. In lieu of using the length of building frontage as a
means of calculating sign area allowance, the calculation may be
based on a ratio of one square foot of sign allowance for each
lineal foot of lot frontage along a single public road.
(3). Multi -faced Signs. All faces of a multi -sided sign shall be counted
towards the maximum sign area allowance (for example, both sides
of a double -sided freestanding sign are counted). Signs shall not
exceed a 30 degree angle.
Sign Regulations - Page 8
27.24.080: Regulations for Specific Categories of Signs.
(1). Freestanding and Ground Signs.
(a). The advertising display area per sign face shall not exceed
200 square feet except as otherwise permitted by Section
27.24.080(3).
(b). A single sign may be permitted on a lot having at least
thirty (30) feet of frontage along a public road except up to
two (2) signs may be permitted when the frontage of the lot
along a single road exceeds five hundred (500) feet. under
this provision, a corner lot with frontage along two (2)
public roads is eligible for a sign along each frontage,
provided that the signs may not be located within the same
building setback area.
(c). Signs shall be setback a minimu+n this nee offilloon (154
feet from aiw side r pert . line from any side property
a distance equal to the building setback in the given zoning
district. This requirement need does not apply to side
corner lots where the side property line is a publie fight of
way. No sign shall be erected or extend over any public
right-of-way.
(d). Heights, area, and front yard setbacks of signs shall be
permitted in accordance to Table 1.
TABLE 1
Distance from Street
?Maximum Height
Maximum Size
Right -Of -Way Line
Above Grade
Allowed Per Face
(Feet)
(Feet)
(Square Feet)
0-10
15
60
11-20
20
80
21-30
22
90
31-40
24
120
41-50
26
150
51 and greater
28
200
(e). Single -faced freestanding and ground signs shall be set
back from the street right-of-way line according to the
provisions of this section (Table 1). When any sign is
Sign Regulations - Page 9
placed on property that has only one street frontage, the
required setback shall be measured from the street right-of-
way line to which the sign face is most nearly parallel.
When any such sign is placed on property located at the
intersection of two (2) dedicated public streets, the required
setback shall be measured from both the street right-of-way
lines ..t the street to hieh the sig fake, is most
(f). Double-faced freestanding and ground signs shall be set
back from the street right-of-way line according to the
provisions of this Section (Table 1). Any such setback shall
be measured from the street right-of-way line at the street
to which the sign faces are most nearly perpendicular.
(h). Signs within fifty (50) feet (measured along the street right-
of-way) of an intersection, which exceed forty-two (42)
inches in height, shall be set back at least fifteen (15) feet
from the street right-of-way line or shall maintain free air
space between a height of forty-two (42) inches above the
adjacent street elevation and a height of seventy-two (72)
inches above said elevation. A freestanding sign shall not
be construed to have free air space if such sign has a base
which is greater than fifty percent (50%) of the width of its
face or three (3) feet wide, whichever is smaller.
(i). When electrical service is provided to freestanding signs or
ground signs, all such electrical service shall be
underground ,qa 4;all he in accordance with two National
Electric Code.
(2). Wall Signs.
(a). No part of a wail sign shall extend above the top of the
parapet wall upon which it is placed unless architecturally
incorporated into the facade of the building.
Rsr� ors
--- -------
Sign Regulations -Page 10
said allowable sign area can be distributed to affi- sin&
},,,;1� On corner lots, the total allowable sign
area allocated to wail signs along a single frontage shall be
limited to the maximum sign area allawanee calculation for
that frontage (See also Section 27 24 070 which allows
the use of onlv one frontage for purposes of the actual
calculation of maximum sign area allowance for a
property).
(c). Under-canopy/marquee signs which are parallel to the face
of the building shall be deemed to be wall signs and are not
subject to the twelve (12) inch or less extension
requirements.
(3). Signs for Shopping Centers and/or Multiple Businesses.
(a). All signs of a shopping center and/or lot containing
multiple businesses (more than one) shall be coordinated as
to the number, mode of display, location, size, height,
colors, finish materials, and illumination of each sign with
the other signs and with the architecture of the building(s).
A common signage plan shall be required prior to issuing a
sin permit. A common signage plan can also be prepared
for businesses on two or more adjoining lots.
(b). A 25 percent increase in the total sign area allowance
mwiimth-n size lls a _ r o on o freest as
set forth in Section 27.24.080(1)(d) shall apply to
freestanding signs that are subject to a common signage
plan.
(c). Advertising for multiple businesses sharing a common
zoning lot shall be incorporated into a single freestanding
sign consistent with the provisions of 27.24.070(1)(c) and
27.24.080(1). Freestanding signs shall not be permitted to
any single business or tenant.
(d). No outside building signage (other than ground or
freestanding signage) is permitted for mall businesses
where the businesses are accessed from a common interior
entrance. This exclusion shall not apply to wall signage of
anchor tenants.
Sign Regulations - Page I I
(4). Projecting Signs.
(a). The sign shall be erected at right angles to the building face
and be at least eight (8) feet above grade.
(b). The maximum area per sign face shalt not exceed 15 square
feet.
(c). Signs extending over a public right-of-way shall not extend
to within two (2) feet of the curb of the street or beyond 48
inches, whichever is less.
(5). Marquee Signs.
(a). No marquee sign shall project above the top of the marquee
upon which it is mounted.
(b). No marquee sign shall project from the face of a marquee.
(c). Under -marquee signs, which are perpendicular to the face
of the building, shall be deemed to be projecting wall signs.
(d). Under -marquee signs, which are parallel to the face of the
building, shall be a minimum of eight (8) feet above grade
and shall be deemed to be flush wall signs.
(6). Canopy Signs.
(a). No canopy sign shall project above the top of the canopy
upon which it is mounted.
(b). No canopy sign shall project from the face of a canopy.
(c). Canopies on which canopy signs are mounted shall be at
least eight (8) feet above any public right-of-way, except
that any valance attached to a canopy may be only seven
(7) feet in height above a public right-of-way.
(7). Billboards.
(a). No billboard shall exceed 288 square feet per sign face.
(b). No billboard structure shall exceed a maximum height of
28 feet.
Sign. Regulations - Page 12
(c). No billboard may be constructed within 300 feet of any
other billboard located on the same side of the road right-
of-way and facing the same traffic flow. Distance shall be
measured along the nearest edge of pavement of the road
near whose right-of-way the sign is located.
(d). No billboard may be constructed nearer the road right-of-
way than the applicable building setback requirement for
the zone in which the billboard is located.
(e). No billboard shall be constructed along a road, which is not
a federal or state highway.
(f). In order that the total face area and number of faces of all
lawful billboards within the City not be increased beyond
the number of faces occurring on eff eti„e 'fate of this
erinanee March 19, 1992 no billboard shall be constructed
without first removing billboard(s) equal in face area and
number of faces. In order to administer this provision, the
Administrator shall issue a replacement permit to anyone
who permanently removes a lawfully existing billboard.
The administrator shall note on the replacement permit the
number of faces and face area, and the zoning district in
which the sign was located, for every sign face removed.
Replacement permits may be transferred. No billboard sign
construction permit shall be issued without a replacement
permit which corresponds to the number of sign faces to be
replaced. The total number of billboard faces in the city
limits of Kalispell shall not exceed 18, except that property
occupied by billboard(s), which is annexed to the City,
after the effeetive date of this or i~anee March 19, 1992,
shall be subject to the provisions of Section 27.24.150, and
billboard(s) located thereon may remain, but shall not,
thereafter, be relocated.
(g). Any billboard, except those subject to annexation as
specked in (f), supra, located within any zoning district in
which billboards are prohibited shall be relocated at the
billboard owner's expense to a zoning district which
permits billboards within five years fglle . ing t' �
efiaeqnent of this ordirtatiee by March 19, 1997; provided
that billboards located within t500 feet of the intersection
of Main and Idaho Streets shall be relocated within Rpa
March 19. 1994.
Sign Regulations - Page 13
(h). Whenever a parcel of land containing any billboard is
rezoned, or annexed and zoned, to one of the prohibited
zoning classifications, the billboard or billboards shall be
removed within five (5) years of the rezoning or, in the case
of annexation, within five (5) years of the date upon which
a city zoning classification is imposed upon the annexed
parcel; provided, that any billboards removed pursuant to
this subsection may be reinstalled within any of the
permitted zones listed in Section 27.24.110, in accordance
with subsection (0, supra.
27.24.090: Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(1). Signs listed in Section 27.24.050, Signs not requiring a permit.
(2). One non -illuminated freestanding or groun wall sign, not
exceeding 29 10 square feet in area per face for a freestanding sign
or 20 square feet for a wall sign, in connection with a permitted or
conditionally permitted non -dwelling residential use. The sign
area for signs described in Section 27.24.050(3) are allowed
pursuant to the standards contained in that section.
(4) N sign shall extend mote th The height of a freestanding sign
shall be limited to six (6) feet above the natural grade elevation.
(5). One wall sign flush mounted to the building not to exceed six
square feet in connection with a home occupation.
27.24.100: Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, B-1 and P-1.
(1). Signs listed in Section 27.24.050, Signs not requiring a permit.
(2). The sign area for a freestanding or ground sign shall not exceed 24
square feet per sign face and the height shall not exceed six feet
above natural grade, except for B-1 zone where the sign area shall
be limited to 36 square feet per sign face and height shall not
exceed six (6) feet above natural grade. Wall signs shall not
exceed 20 square feet per use and shall not exceed a total of 40
square feet total per developed parcel.
Sign Regulations - Page 14
0).
feet . F
xccc-pcz�iv-c
(4). One wall sign flush mounted to the building not to exceed six
square feet in connection with a home occupation.
27.24.101 Permitted Signs in the H-1 Districts
(1) Signs listed in Section 27.24.050 - Signs Not Requiring A Permit.
(2) Non-residential uses, other than hospitals, are permitted one
freestanding or ground sign and one wall, marquee or canopy sign
per developed lot. The sign area for a freestanding or ground
sign shall not exceed 24 square feet per sign face and the height
shall not exceed six feet above natural grade. Walls signs shall
not exceed 20 square feet per use and shall not exceed a total of
40 square feet total per developed parcel.
(4) An entrance sign shall be permitted at all parking lot entrances to
a hospital facility or complex provided the sign does not block
the visibility of incoming or outgoing vehicles. The sign shall
not exceed 14 square feet per face nor six feet in height.
(5) lip to three signs may be permitted in association with a hospital
complex and may be freestanding, marquee (canopy) or wall
signs. Allowable sign area shall not exceed 70 square feet per
face nor six feet in height and will be subject to the Section
27.24.080(1)(d).
(6) Not more than two off -premise signs may be permitted at primary
hospital entrance roads to provide direction to a hospital facility
from a major arterial. One sign shall be permitted per
intersection entrance. Each sign shall not exceed 54 square feet
per face nor 12 feet in height. Off -premise hospital signs will be
allowed on developed or undeveloped property and will not be
counted as part of the sign type or allowance permitted for that
parcel.
(7). One wall sign flush mounted to the building not to exceed six
square feet in connection with a home occupation.
Sign Regulations - Page 15
27.24.110: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and 1-2.
(1). Signs listed in Section 27.24.050, Signs not requiring a permit.
(2). Freestanding and ground signs.
(3). Wall signs.
(4). Projecting signs, except on Main Street in the Redevelopment Area
unless the sign is (a) an under -marquee or under -canopy sign: (b)
less than four square feet per face: and (c) otherwise meets the
standards for projecting signs.
(5). Freestanding multiple business sign.
(6). Canopy signs.
(7). Marquee signs.
(8). Off -premise signs except in zoning classification B-4 when the
location and size complies with all other provisions of this chapter.
(9). Billboards except in zoning classifications B-4 and B-5 and not
within 1500 feet of the intersection of Main and Idaho Streets.
27.24.120: Construction Standards.
(1). All signs shall be constructed in accordance with any applicable
requirements of the City building codes and the State electrical
code including portable electric signs.
(2). No permanent or fixed sign shall be suspended by non -rigid
attachments that will allow the sign to swing in the wind other than
under -canopy signs.
(3). All freestanding signs and billboards shall be self-supporting
structures erected upon or permanently attached to concrete
foundations. Billboards shall be erected using single -pole
construction.
(4). All portable signs on display shall be braced or secured to prevent
motion.
(5). Permanent signs shall be designed to withstand a wind speed of 70
miles per hour.
Sign Regulations - Page 16
(6). 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.
(7). No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation.
(8). Signs shall be located in such a way as to maintain horizontal or
vertical clearance of all overhead electrical conductors. In no case
shall a sign be installed closer than twenty-four (24) inches
horizontally or vertically from any conductor or public utility guy
wire.
27.24.130: Maintenance. All signs shall be maintained in good condition at all
times. All signs shall be kept neatly painted, including all metal parts and
supports thereof that are not galvanized or of rust -resistant metals. Failure
to properly maintain a sign shall be considered a violation of this
ordinance.
27.24.140: Sign Permit. It shall be unlawful to display, erect, relocate, or alter any
sign without first filing with the zoning administrator an application in
writing and obtaining a sign permit except as otherwise exempted as per
Section 27.24.050.
(1). Application. Application for a permit for the erection, alteration,
or relocation of a sign shall be made to the Administrator upon a
form provided by the Administrator and shall include the
information listed below.
(a). Name and address of the owner of the sign.
(b). Street address or location of the property on which the sign
is to be located, along with the name and address of the
property owner.
(c). The type of sign or sign structure as defined in this chapter.
(d). A site plan showing the proposed location of the sign along
with the locations and square footage areas of all existing
signs on the same premises.
(e). Specifications and scale drawings showing the materials,
design, dimensions, structural supports, and electrical
components of the proposed sign.
(f). Length of the lot frontage and building frontage.
Sign Regulations - Page 17
(g). Location of ingress"egress and overhead wires.
(h). Any other information that may be deemed necessary for
purposes of clarification.
(i). The application fee established by the city council.
(2). Architectural Review. Signs to be located in the Kalispell
Redevelopment Area are also subject to the architectural review
requirements as set forth in Chapter 2723.
(3). Issuance and Denial. The Administrator shall issue a permit and
permit sticker for the erection, alteration, or relocation of a sign
within ten (10) working days of receipt of a valid application,
provided that the sign complies with the laws of all applicable
jurisdictions. In all applications, where a matter of interpretation
arises, the more specific definition or higher standard shall prevail.
When the administrator denies a permit, written notice shall be
given within ten (10) days to the applicant along with a brief
statement of the reasons for denial. The Administrator may
suspend or revoke an issued permit for any false statement or
substantive misrepresentation of fact in the application.
(A). Inspection. The Administrator shall cause an inspection of the
zone lot for which each permit for a new sign or for modification
of an existing sign is issued during the sixth month after the
issuance of such permit or at such earlier date as the owner may
request. If the construction is not substantially complete at the time
of inspection, the permit shall lapse and become void. If the
construction is complete and in full compliance with this ordinance
and with the building and electrical codes, the Administrator shall
issue the appropriate permit(s) to be held by the owner of the sign
and be held as a permanent record of compliance with this code. If
the construction is substantially complete but not in full
compliance with this ordinance and applicable codes, the
Administrator shall give the owner or applicant notice of the
deficiencies and shall allow an additional 30 days from the date of
inspection for the deficiencies to be corrected. If the deficiencies
are not corrected by such date, the permit shall lapse. If the
construction is then complete, the Administrator shall issue the
permits as described above.
Sign Regulations - Page 18
27.24.150: Nonconforming Signs
bring-'A�er Of any zone lot Of Othef Premises on whie
exists a sign that does not ean�� w4h the r-equiremen4s of this or-dinaftee
femove sueh sign of, in the ease of a tionconfefming sign, to
it in
^nformit with the v etAs of f-hk ,,.a:.., nee Existing signs that do
not conform to the provisions of these regulations but were legally in place
prior to the adoption or application of this ordinance, are considered non-
conforming. All non -conforming signs shall be removed or brought into
compliance with these regulations as follows:
a,
a
s�rse�sza�aa'eess�
Sign Regulations - Page 19
(a). Signs,en and of€premise, that blitty fot te flash,
animate: �..u..utp �g� rotation, nor
mien. Electronic message boards or signs that blink,
flash or change copv in less than five second increments or
do not display time and temperature shall be brought into
compliance with regard to displayed messages within one
year.
(b). Signs, on and off -premise, that have been damaged by fire,
wind, or other involuntary causes, except in the case of
vandalism, in excess of 50% of current or replacement cost
shall be brought into compliance immediatelv upon
replacement: immediately. In the case of vandalism, sign
may be restored to original condition if done within six (6)
months.
(c). Signs, on and off -premise, which are voluntarily destroyed
or removed (except for maintenance not involving
structural modification), by owner, manager or operator of
shall be brought into compliance immediately upon
replacement: Immediately.
(e). Signs requiring structural modifications to accommodate a
change of copy shall be brought into compliance upon
replacement. —6 n��s.
(g). Discontinued
signs
shall
be
brought into compliance
immediately
Immediatel-y.
unless
part
of
a multi -panel sign..
Sign Regulations - Page 20
T-`-�y, Signs which were unlawfully erected shall be
brought into compliance immediately.
Signs that are replaced, relocated, reconstructed or
requiring structural modification shall be brought into
compliance immediately.
(k). Signs containing removable or replaceable panels shall be
brought into compliance when more than 50 percent of the
sign area or sign panels are replaced or modified.
(1). In the event additional right-of-way is purchased by a
government agenev. any affected sign that must relocate
due to the increased right-of-way shall be brought into
compliance when replaced.
(3). Exemption for Historic Signs. Notwithstanding the general and
specific provisions of this chapter, certain nonconforming signs
that are deemed to have historical significance may be retained,
and preserved or restored. c,, a ao* ' " be made b.
�irei�.as - i!e�ssVP
s+Re!t�ss�n
following :..g eir,.urns*.,nees exist: If there is a question regarding the
historical significance of a sign it will be subject to review and
approval by the Architectural Review Committee who shall
consider the following criteria:
(a). The sign demonstrates characteristics of style, function,
method of construction, workmanship, design, or materials
that gives the sign its historic identity and associate it with
a specific place, time, or cultural pattern.
(b). The sign is an integral part of the original architecture and
has an association with the business -building.
(c). The sign is at least thirty (30) years old. If less than thirty
years, then a finding of exceptional importance of historical
significance shall be made.
Sign Regulations - Page 21
27.24.160: Violations. Any of the following shall be a violation of this ordinance and
shall be subject to the enforcement remedies and penalties provided by
this ordinance, by the zoning ordinance, and by state law:
(1). To install, create, erect, or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the
zone lot on which the sign is located;
(2). To install, create, erect, or maintain any sign requiring a permit
without such a permit;
(3). To fail to remove any sign that is installed, created, erected, or
maintained in violation of this ordinance, or for which the sign
permit has lapsed; or
(4). To continue any such violation. Each such day of a continued
violation shall be considered a separate violation when applying
the penalty portions of this ordinance.
Each sign installed, created, erected, or maintained in violation of
this ordinance shall be considered a separate violation when
applying the penalty portions of this ordinance.
27.24.170: Enforcement and Remedies. Any violation or attempted violation of this
Chapter or of any condition or requirement adopted pursuant hereto may
be restrained, corrected, or abated, as the case may be, by injunction or
other appropriate proceedings pursuant to state law. A violation of this
Chapter shall be considered a violation of the zoning ordinance of the city.
The remedies of the city shall include the following:
(1). Issuing a stop -work order for any and all work on any signs on the
same zone lot;
(2). Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign(s) or the correction of the
nonconformity;
(3). Imposing any penalties that can be imposed directly by the city
under the zoning ordinance;
(4). Seeking in court the imposition of any penalties that can be
imposed by such court under the zoning ordinance: and
Sign Regulations - Page 22
(5). In the case of a sign that poses an immediate danger to the public
health or safety, taking such measures as are available to the city
under the applicable provisions of the zoning ordinance and
building code for such circumstances.
The city shall have such other remedies as are and as may from time to
time be provided for or allowed by state law for the violation of the zoning
ordinance.
All such remedies provided herein shall be cumulative. To the extent that
state law may limit the availability of a particular remedy set forth herein
for a certain violation or a part thereof, such remedy shall remain available
for other violations or other parts of the same violation.
27.24.180: Removal of Signs By the Administrator. The administrator may cause
the removal of an illegal sign in cases of emergency (health and safety), or
for failure to comply with the written orders of removal or repair. After
removal or demolition of the sign, a notice shall be mailed to the sign
owner stating the nature of the work and the date on which it was
performed and demanding payment of the costs as certified by the
Administrator together with an additional ten (10) percent for inspection
and incidental costs.
If the amount specified in the notice is not paid within sixty (60) days of
the notice, it shall become a lien against the property of the sign owner,
and will be certified as an assessment against the property together with a
ten (10) percent penalty for collection in the same manner as the real
estate taxes.
The owner of the property upon which the sign is located shall be
presumed to be the owner of all signs thereon unless facts to the contrary
are brought to the attention of the Administrator, as in the case of a leased
sign.
For purposes of removal, the definition of sign shall include all sign
embellishments and structures designed specifically to support the sign.
27.24.190 Appeals. Appeals to the Board of Adjustment may be made when a
completed application is not acted upon within ten (10) days of receipt by
the administrator or if the applicant is denied a permit. Appeals to the
board may also be made pertaining to a notice of violation. The appeal
procedure is set forth in Chapter 27.32. All appeals to the Board of
Adjustment shall also include a recommendation by the architectural
review committee.
Sign Regulations - Page 23
The action being appealed shall be held in abeyance pending the decision
of the board.
27.24.200: Variances. A variance to the regulations of this chapter may be sought
for those situations where the application of these regulations would create
a unique hardship due to the special circumstances of a particular property.
The variance procedure as set forth in Chapter 27.33 shall not be used to
circumvent these regulations or be used to gain special treatment. "Unique
Hardship" shall not be broadly interpreted or apply to general situations of
economic hardship. All variance requests to the Board of Adjustment
shall also include a recommendation from the architectural review
committee.
Sign Regulations - Page 24
OTHER AMENDMENTS
Reference to signs in each zoning district: Reference will be made to the sign
ordinance in the sections governing each zoning district in the same manner as
setbacks, fences, etc. e.g. Section 27.14.040(8) Signs: Refer to Chapter 27.24.
2. Permit Fee Structure: A new fee structure based on the number of square feet rather
than the value of a sign would be more straightforward and equitable. The council
under a separate ordinance would accomplish this change, but a statement of
support by the board would be in order.
Amend the definition of "Sign" to read "Any device, structure, fixture, attractant_
object. holographic. projected or electronic image, lighting or ; or placard using
graphics, symbols, and/or written copy designed specifically for the purpose of
advertising or identifying any establishment, product, goods, or service." Section
2737.101(216):
4. Delete the following: Changeable Copy Sign (Autemalie). A sign on which
Amend as follows: Electronic Message Board (`enter of eleet_attic readerboard.
( "Changeable Copy Sign, � Any sign that uses changing li hts�to
form a sign message or messages wherein the sequence of messages and rate of
change is electronically programmed and can be modified by electronic processes.
6. Add a definition for Discontinued Sign as follows: "A sign which no longer
identifies or advertises a bona fide business_ service, product or activity on the
property where it is located."
7. Add a section to allow a sign for Home Occupations under 27.22.160. A wall sign
flush mounted to the building not to exceed six square feet may be allowed in
association with a home occupation.
Sign Regulations - Page 25
CHAPTER 27.36 — ENFORCEMENT
......
.
CHAPTER 27.36 — ENFORCEMENT
27.36.010 Enforcement
27.36.020 Compliance Required
27.36.030 Violation and Penalties
27.36.010 Enforcement: These regulations shall be enforced by the zoning
administrator or by his assistant or designee, who shall have the authority to request entry
to any building, structure, or premises, or any part thereof, at any and all reasonable
times, for the purpose of performing his official duties. Any reference herein to the
zoning administrator shall include his assistant or designee.
27.36.020 Compliance Required. No building permit or other permit shall be issued
for any proposed use, construction, or action, which is not in compliance with the
ordinances of the City of Kalispell.
Sign Regulations - Page 26
27.36.030 Violations and Penalties:
1. Any person, partnership, association, company, corporation, or individual who
violates, disobeys, omits, neglects, or refuses to comply with the provisions of
these regulations may be deemed guilty of a misdemeanor offense, and upon
conviction thereof, shall be punished as prescribed by the Kalispell Municipal
Code. Each day that a violation of these regulations remains after notice to
the offending party, as described below, shall constitute a separate offense.
2. Any individual who feels that a violation has or may be occurring may bring a
violation or a suspected violation to the attention of the zoning administrator.
The zoning administrator shall then conduct an investigation into the alleged
violation. Except as provided in 2a, below, if his investigation appears to
uphold the allegation, he shall first notify the offending party, who shall have
a minimum of ten days in which to correct the matter, or in which to come to
an agreement on a time frame in which the violation may be abated. Such an
agreement shall be binding. In the event that these efforts fail to result in an
abatement of the violation, the Zoning Administrator shall then either (1) issue
a notice to appear in City court, or (2) file a complaint with the city attorney,
and in which case the matter shall come before a court of competent
jurisdiction for resolution.
a. For the second and / or any subsequent violation of a similar section of
these regulations or if the alleged violation consists of an activity which
the zoning administrator determines must be immediately abated in
order to protect the public interest, health, comfort, convenience, safety
or general welfare, the ten-day notice requirement may be waived and
either a notice to appear in City court issued or a complaint filed
immediately with the City Attorney, who shall then file an appropriate
action in court.
b. Every violation of these regulations shall be a separate and distinct
offense, and in the case of continuing violation, each day's continuance
thereof may be deemed to be a separate and distinct offense. The
existence of a criminal or other remedy, or the pending of a criminal
proceeding, under the provisions of these regulations shall not be
construed to affect the right of the city council to proceed with the
enforcement of any and all of the provisions hereof by civil
proceedings either at law or in equity in any court of competent
jurisdiction.
C. Any person applying for a permit or other land use approval under
these regulations, or who is otherwise required to comply with these
regulations, shall be responsible for becoming familiar with these
regulations and for complying fully with such regulations. The failure
of City- officials to identify a violation of these regulations in an
Sign Regulations - Page 27
application or proposal, or the failure of City officials to notify a person
submitting an application or proposal of a particular requirement or
restriction contained in these regulations, shall not excuse the applicant
or the person making the proposal from the obligation to comply fully
with such regulations. Any permit or land use approval issued in
violation of these regulations, or which includes terms or omits terms in
violation of these regulations, shall be deemed to be invalid.
CITY OF KALISPELL
REQUEST FOR. ZONING TEXT AMENDMENTS
SIGN REGULATIONS
TRI-CITY PLANNING OFFICE
STAFF REPORT #KZTA-04-1
MAY 4, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request for an amendment to the Kalispell Zoning Ordinance - Sign
Regulations. A public hearing has been scheduled before the planning board for
May 11, 2004 beginning at 7:00 PM in the Kalispell City Council Chambers. The
planning board will forward a recommendation to the Kalispell City Council for final
action.
The City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance
that addresses amendments to the sign regulations primarily dealing with
temporary signs including political signs, as well as general housekeeping items.
A. Petitioner and Owners: Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
(406) 758-7701
B. Area Effected by the Proposed Changes: Any property within the City limits of
Kalispell could potentially be effected by the proposed change. This would
include both residential and commercial development in the City.
C. Proposed Amendment: An amendment to the Kalispell Zoning Ordinance
proposed by the City of Kalispell that would amend various sections of the sign
regulations, Chapter 27.24 as shown on attached Exhibit A.
D. Staff Discussion: Review and revision of the sign regulations was placed on the
Kalispell Planning Board's work program list for the fiscal year to address
discrepancies in the sign regulations in several areas. Specifically, political signs,
temporary signs, non -conforming signs and general consistency within the
regulations overall. Over the last several months the planning board has been
holding work sessions to review the sign regulations and have made proposed
changes to certain areas. Political signs have been treated in a manner that has
proven to be inconsistent with recent court decisions regarding manner, time and
place of display. The planning board has sought to bring the sign regulations in
compliance with current case law parameters. Additionally, some clarification was
warranted regarding the display of temporary signs and more specific guidelines
given to manner, time, and place of display of temporary signs. Nearly across the
board the City has prohibited the display of any types of non -governmental signs
in the public right of way due to potential liability issues. More specific language
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has been given to the replacement, reconstruction and repair of non -conforming
signs and when they must be brought into compliance. Electronic message boards
have also been addressed in the changes that limits the size, timing of messages
on the electronic message boards so they do not blink, colors allowed on electronic
message boards so they do no resemble traffic lights and a requirement for the
display of time and temperature.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of Fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
WN•- •- -..- -• ••- •u• . •- • •.W• •• RIM
The Kalispell City Growth Policy 2020 encourages the maintaining and
preserving of good quality residential and commercial neighborhoods with high
standards of urban design. It also recommends that the City review and revise
sign standards and policies so that existing non -conforming signs are
eliminated through a more aggressive attrition program. The use of zoning for
the implementation of the growth policy goals and objectives is a primary
tool. These amendments to the zoning regulations furthers the goals and
objectives of the master plan by encouraging infill and development in the
core area of Kalispell.
The proposed amendments are intended to reduce traffic congestion by
insuring that the traveling public, pedestrians and consumers can adequately
identify the products, messages and information from points on and off of the
street systems and get to their destination within the City conveniently and
safely.
• -• . WMIM RM—ATUMM ra ww rcers-s a ava wopTsTra..• • . ..••
This amendment is intended to improve signage and thus increase the
efficiency of access and provide better direction and information for traffic as
they travel the local streets. The amendments would enhance the health and
safety by allowing those who need services and information to better locate
them.
• • .. • •,.• r •u• • • • <.. •
The proposed text amendments will serve the general welfare by providing for
safe and efficient direction and information to the various providers of goods,
commodities and services within the community.
� . - • - • • . • ••�`ii.S'�E?hF.T+[iisS�iG3SS�SiL��Si'TP�
Page 2 of 4
The proposed amendments will have little impact either positive or negative
on this factor.
• • - renijested •!- nrevent Vte-• • . • c of -vu . •R
concentration of Qegple'�
This change would to some degree lessen the impact of an increased
development pattern with our community by providing better access to
information, identification and directional signage for the public.
w . ilill_zllllllllll . •! • • • • • .• . . •• ••
These text amendments would have no impact on public services listed
except for transportation where there could be a significant improvement in
the flow of traffic within the community as people are properly directed to the
goods, services, commodities and information within the community.
The purpose of the text amendments are to specifically address the signage
standards within the City and to provide better information provided through
all types of signage, to improve the overall efficiency of travel and access
within the City while improving the health and safety of the community.
The amendments are intended to reflect the uses listed in the districts and
the types of signs that would be suited and appropriate for each of the
districts. The City core has become nearly fully developed, street systems
have been built and changed as well as the areas surround the City core.
The proposed changes will facilitate better identification and user access to
the goods, services, commodities and information within the community.
•- ••' • - - • • • ••
The proposed text amendments will conserve the value of building by
enhancing access and traffic flow within the district thus making it much
more functional.
The proposed amendments would encourage a more efficient traffic flow
without compromising the compatibility and complementary uses allowed
within all the districts. These amendments would generally encourage the
most appropriate use of land throughout the planning jurisdiction.
Page 3 of 4
Staff recommends that the Kalispell City Planning Board adopt staff report KZTA-
04-1 as findings of fact and, based on these findings; recommend to the Kalispell
City Council that the Kalispell Zoning Ordinance be amended as outlined in the
attached Exhibit A.
REPORTS \KALISPELL\KZTA\KZTA04-1.DOC
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