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1. Zoning Ordinance Text Amendment - Sign RegulationsTri-City Punning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricityCcenturytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Frank Garner, Interim City Manager SUBJECT Kalispell Zoning Ordinance Text Amendment - Sign Regulations MEETING DATE: October 18, 2004 Work Session BACKGROUND: This work session is a follow up to the work session held on June 9, 2004 by the Kalispell City Council on recommended changes to the sign regulations. At that meeting the staff was directed to solicit broader input from the community and sign makers. On behalf of the city council Mayor Kennedy sent a letter to approximately 40 "interested parties" primarily those people in the sign business as well as the FBIA and the Kalispell Chamber of commerce. The staff received one letter in response from Epcon sign company. The letter from the mayor, list of interested parties and letter from Epcon is included in this packet of information. These changes to the sign regulations 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. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish . City of Columbia Falls Kalispell Zoning Ordinance Text Amendment - Sign Regulations October 13, 2004 Page 2 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: Schedule this matter for first reading of the ordinance amending the sign regulations would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson. Senior Planner None. As suggested by the City Council. Report compiled: October 13, 2004 c: Theresa White, Kalispell City Clerk Frank Garner Interim City Manager Attachments: Letter from Mayor Kennedy dated 6/28/04 List of interested parties. E-mail letter from. Epcon signs Ltr from Rose Therrien dated 5/7/04 Memo to council dated 6/7/04 Planning board transmittal letter dated 5/21 /04 (including Exhibit A - proposed amendments) TRANSM1T\KAL1SPEL12004\KZTA04- I MEM02 City of Kalispell MMMMMMMUM Post Office Box 1997 - Kalispell, Montana 59905- a 997 - Telophone (406)758-7700 Fax (406)758-7758 June 28, 2004 To: All Interested Parties At the Kalispell City Council's request, the planning board has been working on amendments to certain areas of the sigh regulations. political signs have been brought into compliance with current case law, and clarification was made regarding the display of temporary signs and non -governmental signs in the public right-of-way due to potential liability issues. Additionally, more specific Language has been given to the replacement, reconstruction and repair of non -conforming signs and when they must be brought into compliance, and electronic message boards have been addressed limiting their size and tiering of messages. Proposed amendments to the sign regulations can be accessed on line at the City of Kalispell website www.kalis ell.con-i or the Tri-City Planning Office website Www. tricl tv Plannllil«-Inl. . coin Comments on the proposed changes can be forwarded to the Kalispell. City Council via e- mail to City Planner Narda Nilson at tricitynarda@centurytel.net or to the City Clerk, Theresa White, at t.viiispell. coin. Comments may also be submitted in writing to the Tri-City Planning Office, 17 Second St. East, Suite 211, Kalispell, MT 59901 or City Clerk, City of Kalispell, P.O. Box 1997, Kalispell, MT 59903 prior to August 1, 2004. Al! comments will be forwarded to the Kalispell City Council. Sine My Pamela B. Kennedy Kalispell Mayor Name Address Address2 City, State, Zip AAA Signs 2622 Highway 2 East Kalispell, MT 59901 Baumbach & Sons Sign Co. 2124 Highway 2 East Kalispell, MT 59901 Bitterroot Screen Printers 275 - 3rd Avenue, WN Kalispell, MT 59901 The Engraver 738 9th Street West Columbia Falls, MT 59912 EPCON Sign Company P.O. Box 16838 Missoula, MT 59808 Falls Service Center 184 Nucleus Avenue Columbia Falls, MT 59912 Glacier Signs & Monuments 159 North Main Kalispell, MT 59901 GRAF/X Sign Co. 3495 Foothill Road Kalispell, MT 59901 Grateful Graphics 596 Danielson Road Kalispell, MT 59901 Gudmundson Gary Sign Painter 316 Edgewood Drive Kalispell, MT 59901 Jim Palmer Signs 4850 Highway 93 South Kalispell, MT 59901 Kalispell Blueprint 2303 Highway 2 East Kalispell, MT 59901 Kalispell Neon 1533 MT Highway 35 Kalispell, MT 59901 Kintla Copy 503 Railway Street Suite A Whitefish, MT 59937 Montana Safety Supply 2303 Highway 2 East Kalispell, MT 59901 Neon Next 1366 Airport Road Kalispell, MT 59901 Paper Chase 7 East Oregon Street Kalispell, MT 59901 Proven Graphics 435 South Main Kalispell, MT 59901 Ringquist Signs 5532 Highway 2 West #1 Columbia Falls, MT 59912 St. Marie Graphics 180 Kelly Road Kalispell, MT 59901 Signs Northwest P.O. Box 5656 Kalispell, MT 59903-5656 Signs Now 164 - 7th Avenue, WN Kalispell, MT 59901 Summit Signs 803 Spokane Avenue Whitefish, MT 59937 Western Mountains, LLC 3444 Highway 93 South Kalispell, MT 59901 Western Neon 2012 1/2 - 5th Ave., East Kalispell, MT 59901 Whitefish Sign Company 235 Baker Avenue Whitefish, MT 59937 X-TREME Graphics 860 Meridian Road Kalispell, MT 59901 Flathead Business & Industry Asso. P.O. Box 8635 Kalispell, MT 59904-1635 Kalispell Chamber of Commerce 15 Depot Park Kalispell, MT 59901 Judy Larson Business Improvement District 131 Main Street Kalispell, MT 59901 Gini Ogle Echo Designs P.O. Box 2870 Kalispell, MT 59903-2870 Bill Goodman 50 - 2nd Street East #105 Kalispell, MT 59901 Carol Nelson Carol Nelson Design 423 - 1 st Avenue, East Kalispell, MT 59901 Ken Miller Architects Northwest 575 Sunset Blvd., Ste 110 Kalispell, MT 59901 Sharon Jackola Jackola Engineering Paul Wachholz Co Idwell Ban ker-Wachholz & Co. John Hinchey 534 Fourth Avenue, East Rick Hull 436 Fifth Avenue, West Timothy Norton 420 Sylvan Drive Sue Ellyn Anderson 484 - 8th Avenue, EN George Taylor 504 Fifth Avenue, East Jim Atkinson 1237 Fifth Street, West Jean Johnson 322 Second Avenue, West #B P.O. Box 1134 P.O. Box 1475 Kalispell, MT 59903-1134 Kalispell, MT 59903-1475 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Page I of I Narda Wilson A-4a %Afl.— rr;,;4IE,From: 11IVY" w-L4[Iy.ni1nQrFrinlrA.. 4iR�i�G1il61Iy1.G1.IkGl� Sent: Monday, August 02, 2004 7:20 AM To: 'Jim Blome' Subject: RE: Sign regulations Dear Jim, Thank you for your comments regarding the proposed changes to the sign regulations. They will be forwarded to the Kalispell City Council for their consideration. At this point a formal meeting before the city council has not been scheduled, but I will inform you as to when they will be considering the changes. Narda Wilson From: Jim Blome [mailto:jgbmissoula@msn.comj Sent: Friday, July 30, 2004 3:26 PM To. tricitynarda@centurytel.net Subject: Sign regulations Dear Narda, Hi my name is Jim Nome. I'm the branch manager of Epcon Sign Co. out of Missoula. I have looked over the proposed changes to the sign code regarding electronic message centers. I have a few comments. The color of the LEDS and the location of them incorporated in the sign, should not interfere with traffic signals or stop lights. LED signs come in a variety of colors. Red and amber are the most common. I have never been confused between stop signals and electronic message centers, I think the size limitation of 25% should be increased to 500r6. Customers are trying to get their message out to the public, With a smaller electronic sign it is harder to get that message out without traveling it across the board. The larger size allows more of the message to be read at one time. This allows people to get the,message quicker. Please keep me informed of any meetings or further comments made to these or any sign regulations. Thank -you. Jim Blome Epcon Sign Co. 406-543-7444 7 nl1 ;1,1,on . RECEIVED i Rose Therrien 797 Fourth Ave. West North Kalispell, MT 59901 May 7, 2004 Hank Olson 485 2na Avenue East North Kalispell, MT 59901 Dear Mr. Olson, I have lived in Kalispell for 50 years. My husband and I have a small Business just outside of the city limits. I was recently informed of the changes in the sign regulations for the city. I read through the regulations and found several items that I think are unreasonable. Starting with prohibited signs I see that balloons have been prohibited and now pennants are going to be prohibited. Why? What do they hurt? Only one decorative banner without a commercial message is allowed per business. Why is the city telling businesses how to decorate their buildings? Has the person that is changing the sign laws ever had a business? Does she have any knowledge of advertising? I disagree with her ideas for 27.24.060 (2) The writer says that message centers can not use the colors red or green because they would be confused with traffic signs. I have never heard of a person having such a problem, if they did they shouldn't be driving. The new regulations go after businesses with reader boards and electric message centers. They change the size of the changeable area to 25% of the sign from 751%a of the sign. They also require reader boards or message centers to be "architecturally incorporated" into the sign. What is wrong with reader boards and message centers? Why do they have to be so small? Has anyone ever contacted you to complain about having to read that it is Taco Tuesday? The reason some businesses have a readerboard, separate from their sign, is that they can't afford both when they first go into business. They wait until later to add one to their property. I don't think that businesses should have to pay for another sign permit if they change the faces of their signs either. Steve Smith has recently leased the Gresko's business. The city is requiring him to pay nearly $1000.00 to take down the Vacationer signs before they will let him put a new sign on that pole. The Vacationer Motel won't be able to have a sign on Idaho Street any more. Using Gresko's as an example again, the picture on the wall of a lady holding a loaf of bread is considered advertising and is included in the square footage of their sign allowance. Will the rooster on top of Tidyman's have to go? They sell chicken inside the store. Why not leave grandfathered signs alone? They obviously helped the existing business attract customers. It is my opinion that businesses, in the city, in a commercial district, should be able to have signs and decorations to attract customers. I feel the city should do all they can to help local businesses. I do not want my tax dollars paying a city employee to go to local businesses to fine them for every balloon, banner, or decoration that does not agree with the city planner's preferences. I think that the city sign regulations should remain the way they are or be made to be less restrictive. Sincerely yours, Rose Therrien Tr -City Planning Office 17 Second Street East —Suite 211 Kalispell, -Montana 59901 Phone: (406) 758-1850 Pax: (4- 06) 751-1858 tricity(a centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kuklski. City Manager SUBJECT Kalispell honing Ordinance Text Amendment - Sign Regulations MEE-TING DATE: June 7, 2004 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 tvpe 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 II, 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 Xaiispeil - City of Whitefish - City of Columbia Falis Kalispell Zonizag Qrrlinancu Text Ainendmenz - Sign Regulations rIav 25, 2004 Page 2 FISCAL EFFECTS. A.LTEIZNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner None. As suggested by the City Council. Report compiled: May 25, 2004 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KZTA--04-1 and application materials Draft minutes from 5/ 11/04 planning board meeting TRANSMIT\ KAISPEL\ 2004 \ KZTA,04- I Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Prone: (406) 751-1850 Fax: (406) 751-1858 tricity centurvtel.net May 21, 2004 Chris Kukulski, City Manager City of Kalispell P.Q. 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 varda Wilson at the Tri-City Planning Office if you have any q�uestiorig reorrir?o this matter - Sincerely, Kalispell City Planning Board CreCirgE' Taylo � President -11,t 4' d viding `. 3liliXAunity i' ai ning Assistance R'0: xC"fisneil - z 'ty 6) � 'Jiumbia Fails - C ty s:r 'l;ate4lsh . Kalispell Zoning Ordinance Text Ameadment — Sign Regulations Paize Z Attachments. Exhibit A Staff report TKZTA-04-1 and application materials Minutes 5 f 11 f Q4 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk Kalispell Zoning Ordinance "feat Amendment --- Sign Regulations May 25, 2004 Page 2 !1. 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. "L.Aal I 9fty f CFIAPTER 27.24 SIGN REGULATIONS Sections: Sim Re2alations - PacLe 1 27.24.010 Purpose 27.24.020 Scope 27.24.931) 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 1-2 27.24.120 Standards 27.24.130 Maintenance 27.24.140 Sign Permit 27.24.150 None -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 �vi'iST nluz��� v trui�w of �ispe-14 �o rec'og! za the vvi":F"'erci�I 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 dualities of the area; to mininuze the passible adverse effect of signs on nearby public and private property; to promote the tourist economy of the city: and to gauarantee equal treatment under the law through accurate record Keening and consistent enforcement. These shall be accompiished by regrdation of the displai=, erection, use and maintenance of signs. The _rse Of signs is regulated according ;o zoning classifications_ No sign shall be oerinitted as an accessory Use to a permitted or �=ditionally permitted use e-:cept in accordance -with the provisions of this C ilapter. Sign Re¢ulations - 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-ofrway; product dispensers and point of purchase displays; scoreboards on athletic fields; Nags of any nation, government or noncommercial organization'. gravestones; religious symbols; commemorative plaques; decorative holiday- light displays; traditional barberpoles; the display of street numbers; or any display or construction not defined herein as a sip. 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 roveon+ as a4lowed i Se (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. (5). 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 _ signs or lettering on buses, taxis, or ve odes Operating durinj, he a"IorCrial course o vusinessO (S). Roof Signs unless architecturally incorporated into the facade of the building on a 2goet wall or similar extension of an exterior wail. (9). --k nv temporary or portable signs except as othenvise permitted in Section 27.24.050(1)(c). (10), Mechanically :animated and/or dashing signs, See also Suction .24.0600'`] Sign Reputations - Page 3 (11). Ai2v tern orary or portable sandwich board signs or other ortable signs Located on public sidewalks or in the public right of way_. 27.24.€140: Permits .Required. Unless otherwise provided by this ordinance, all suns 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 sign and shall not be considered routine maintenance. 27.24.950: Signs Not Requiring Permits. The following types of sites are exempted from permit requirements but must be in conformance with all other requirements ofdhis ordinance (1). allowed temporary Suns- Suns erected on a temporary basis such as, but not limited to, the fallowing 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 occu v the lot. Such signs shall be removed within 30 days of occu-ancv 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) 1 . 5hall bea s n '77, Temporary signs are allowed in association with commercial and industriai uses for special event such as (-and oj)erdnas or spec-ai sales for sins-Heperioddof time not to exceed 14 total days within a 6 month period and subiect to the -written tn-oro al of ° he 7oning administrator. 5i� tte�alations - Paze 4 1 Banners mounted directly can and 2arJlel to a building wall. ?). One temporary or 2ortable sign (such as a portabie reader board or sandwich board. etch per lot is allowed. itt ass+ (d). Political suns not exceeding 32 square feet located on private property. _ suppeft s r+ F` a�zs prier- + than one week"� (e). Campaian and election sicuns which are removed within 14 days after the election. (f). Suns 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 er place of business with no commercial message. (2). General Standards for Temporary Sins. (a). A temporary sign shall not be placed on or extend over the public right-of-way. fb1• The location of a temporary sign is subject to clear vision tnanLrIe requirements and the location reauirements for fzeestaadingjground suns contained in Section 27.2.080(1). ine location is dzther subject to site and buildinLy access requirements. (c;. - Lemnorary sign shall be desicned to be stabie under all weather- conditions. including 1- iah winds. i C i . -i+ Eemporarx ` stun shall not adye. Lise or promote 3iay 3i�^ ire-nise Loinmerciai � nic-,_prise or w-,%ent. Sim Regulations - Paze 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 si.-4een(16) 24 square feet in sign area per face. subiect to the heityht for the given zoning district. (5). Interior Window Signs. Any incidental sipage erected inside of or iaainted 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 Suns. One sign not to exceed i' ' 446) 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 Suns. Signs that are generally informational. that have a purpose secondary to the use on the lot on which it is located, such as �zia-parking.' entrance. ioadi:nti Dray."telephone," and other similar directives. No sign with a commercial message letgibie 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 cozen. e;cial message. 27.2 .'J60: Generai Standards For All Suns. Signs shall not rotate. move. bash. clanae or biink. except if tzlzze �v � «o Te saezxt �gencw `oz gat lic sarew or inrar?-nauor�_ Sim ReLuiatians - Paae 6 (2). n electronic message beard Oe � *� � '� m ^�'� 4 e v �.i�LLTL2iiS13�. i. SGL bra ..+ �.. sign) -na-y display ez, provided it displays time and temperature a minimum of eyery 30 seconds. The sign. must be incorporated into the rimary sign shall not comrrise 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 flashinia or blinking characters. The use of colors. which can be confused with traffic sio-ns such as red or preen. are rohibited. (3). Signs, if illuminated- shall be lighted by continuous, stationary; shielded 1IQht sources, directed solely at the sigm or internal to it. Shielding is not required if exposed bulbs are eleven (11) or less waits. (4). Portable or movable reader boards signs Tnanua13 shaA-be are --prohibited except when used to announce a temporary event [see 27.24.050(1)(c)j or when used in conjunction with temporary businesses pre--,ided sa4-and shall be is placed at least fifteen (15) feet back from the public right-of-way. (5). No more than sevenm , five twenry five percent 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 architectally incorporated unless the reader board is contiguous to the remainder of the sip face and is bounded by the same or similar framework. (b). 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 inciude no more than two f2) faces except that more than two (2) faces may be per_rn-itted for signs serving ?multiple businesses [ems -- 7.24.080H-- j. 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 mnv be associated with incidental neighborhood sales tas per Section 27.2?.050(1)f e). See also Section 7.24.03,0. Si�w Re--ulations - Paue 7 27.24.070: Sign Area Uowa.nces_ 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 conforrninc, 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 L`eet for each lineal foot of cOuildlna ftontaac 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 (1-112) square feet, respectively. provided that a common si�naae 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 can a ratio of one square foot of sign allowance for each lineal foot of lot frontage along a single public road. yi. Multi -faced Si --,,is. All feces Hof a tnuiti-sided sign shall'.)e counted towards Flee �-naximurn sign zrea allowance tfor evamrle. boih sides of a double -sided :'reesta dIn+7 sign are counted). Slims shall not aced a 30 deg#ree axz�xle. Sim Reatilaions - Page 8 ZI 2?.24.080: Regulations for Specific Categories of Sighs. (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 pem- fitted 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 rnav not be located within the same building setback area. (c). Signs shall be setback a Fainifigum distance of fiAeei, rT _` f{ 4afnaey side pr-epeft-. from any side property line a distance equal to the buildimi setback in the given zoning district. This requirement nee44 does not apply to side corner lots „he -Fe the s property line is p x. I— '- gs.t ^f 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 P.ight-Of-Way Line Above Grade Allowed Per Face (Feet) (Feet) (Square Feet) O-io IS 60 11-20 20 80 41-50 _6 150 ,1 and 'ueater ; "is � 00 (ef. Single -faced freestandimy- and =,round sins shall be set acli roz� -lie street :'I€.?13L-of-tva4r line accordin<gy ;"o lie ,�)rovisions of This sQc,don `Table i' ��l�en any sign is Sign Regulations - Page 4 placed on property that has only one street frontage, the rewired 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 bath �he street right-of-way lines fi (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 ftom the street right-of-way line at the street to which the sign faces are most nearly perpendicular. (g) 91'—aeffFeO 106--tc4- E-A +_�_e (45) aRee OR Pr-Oi}eft�' (h). Signs within fifty (50) feet (measured along the street right- of-wav) 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 wav line or shall maintain free air space between a height of forty -tiro (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 (;) feet wide, whichever is smaller. (i). When electrical service is provided to freestanding signs or ground signs, all such electrical service shall be underground (2), 'Mall Signs. (a). No part of a wall sign shall extend above the top of the parapet wall upon which it is placed unless architecturaily incorporated into the facade of the building. Sim Regulations - Paae TO build ii fi i+.,�e. On corner lots, the total allowable siEm area allocated to �vall sians along a sinale frontage shall be limited to the maximum sign area lewanee ea_ie la+ier for that frontage. See also Section 27.24.070. which allows the use of only one frontage for rumoses 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. ( )- 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 si_ �n 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 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 sigh consistent wii'ii the provisions of 27.2�4.00 n(1)(cl and 2 Freestanding signs shall not be permitted to any single business or tenant. (d). No outside building signage (ether than ground or iTe estc Win: in?? si mage j is PP rritted for mall businesses where the businesses are acc sled from a common interior entrance. This exciusion shall not apply io wall sig_nage of anchor .enanis. Sim Reguiatiom - Page I I (4). Projecting Signs. (a). The sign shall be erected at right angles to the buildinlu face and be at least eight (8) feet above Fade. w (b). The maximum area per sign face shall not exceed. 15 square feet- (c). Sites extending over a public right -of wav shall not extend to within two (2) feet of the curb of the street or bevond 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 ;ace 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 canopy. (c). Canopies on which canopy signs are mounted shall be at least ciaht (S) feet above any public right-of-way.. except that any valance attached to a canonv _mav be only seven (i) feet in height above a public right-of-wa'y. Billboards. at. No billboard shall exceed" 88 square feet per sign -face. rb�). No billboard structure shall exceed a maximum liciiz1ht of =8 feet. Sim Regulations - Page 12 (c). -No billboard may be constructed within 300 feet of any other billboard located on the same side of the road ri0ht- of-way and facing the same traffic flow. Distance shall be treasured 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 night -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 incrcased beyond the number of faces oceurrinU on e.q-ee ive date- f f fdi e 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 IS, except that property occupied by billboard(s), which is annexed to the City, after the e ff-eeti,ve date of *ds »d:,,anee March 19. 1992' shall be subject to the provisions of Section 1-7.24.150, and billboard(s) located thereon may remain, but shall not, thereafter, he relocated_ f,gt - y billboard, except those subject to annexation as specified 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 distnct which permits billboards within _ enaetment ,+ 41ar-dinalleeby Marcift t 9 i 997: provided that billboards located within 1500 leer of the intersection of .=�flain and Idaho :Streets :hall be relocated my +hi w e B r -I 1av March Q. 1994. Sian Revelations - Pa2e la (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 unposed upon the annexed parcel; provided, that any billboards removed pursuant to this subsection may be reinstalled within anv of the permitted zones listed in Section 217.14.110, in accordance with subsection (f), 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 eu� wall sign, not exceeding "4 10 square feet in area per face fora freestanding sign or 20 square feet for a wall sign; in connection with a permitted or conditionally permitted non-4- ' residential use. The sign area for signs described in Section 27.24.050(3..) are allowed pursuant to the standards contained in that section. 20 square feet per- sign faee. (4) Ne sip shall extef d n^Ye th The height of a freestanding sign shall be limited to six (b) feet above the natural grade elevation. (5). One wail sign flush mounted to the building not to exceed six square feet in connection with a home occupation. 27.24. 00: Permitted Signs in Zones R-5, -1, RA-2, RA-3, B-1 and P-1. (1). Signs listed in Section 27.24.050, Signs not requiring a permit. `ry ). zlA4 iJ1G �i.rea ll�./], u. ti.V.Q...�iii1�4LAng V :M iWrut3�LL si ar s lail .clot <u1 W'Pi i�i ld.i. '�` square feet per sign face and the height shall not exceed six feet alcove 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 ; G) 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 Qarcei. Sizn Realalations - Paze 14 €ee (4). One wall siari bush mounted to the building not to exceed six s uare Feet in connection with a home occupation. 27.24.101 Permitted Signs in the H-I Districts (: } Suns listed in Section ?7.24.05( _Signs Not requiring A Permit. (2) Von -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. n 2 aiiafa feet i3eT- sic" fay (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 i.ncomine- or outLyoina vehicles. The sign shall not exceed 14 square feet per face nor six feet in height. (5) Up 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()(d). '6\ Vot more than two oil preralse signs may ve permii —LL.d "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 tvpe or allowance permitted for that parcel. ";. One wall sign flush inoinrted to the buildinu not to xceed six sCin re 'tieet r c:onn-_ `:,Yon 7yiih a '---me occunation. Sign Regulations - Page 15 27.24.110: Permitted Signs in Zones B-2, B- a, B-4. B-a, -1, and -2. (1). Signs listed in Section. 27.24.0-0, Sias 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 sim is (a) an ?under -marquee or under -canons sign; (b't less than four square feet...per face: and c) othentivise meets the standards for -projecting signs. { ). `reesmnAinnr multiple business sign. (b). Canopy signs. [S). 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 ether than under -canopy signs. (3). All freestanding signs and billboards shall be self supporting strTucvares erected upon or perma,uently attached to concrete foundations. Billboards shall be erected using single -pole construction. =`4). All portable signs on display shall be braced or secured �o prevent -notion. s. Permanent signs -hall be Icsigned to withstand 1 .vind speed of %0 miles per .hour. k 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 e!zress. (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. 27.2.130: Maintenance. All sites 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_ x 27.2=4.140: 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 shoeing the proposed location of the sign along with the locanzons and square fbotaae areas of all iilstLa' ` signs on the same premises. w Specifications and scale drawings showing the .materials. design. dimensions. structural supports, and electrical ccrnponents of ille proposed sivn. E i ;. l.en ah, of the lot f rontaae and building `rontai;e. Sign Regulations - Page 17 (gf. Location of ingress/egress and overhead wires. (h). Any ether information that may be deemed necessary for purposes of clarification. (1). The application fee established by the city council. (?)- Architectural Review. Signs to be located in the Kalispell Redevelopment Area are also subject to the architectural review requirements as set forth in Chapter 2.7.2'. (2). Issuance and Denial. The Administrator shall issue a permit and permit sticker for the erection, alteration, or relocation of a sign within tent (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.. O. 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 fW1 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 tt • 7.24.15 : Nonconforming Signs gfls . Existing signs that do not conform to the provisions of these regulations but were legally in place rrior to the adoption or ap-olication of this ordinance. are considered non- confomaID6. All non-conf©rnina signs shall be removed or brought into coWliance with these regulations as follows: y sUell anae�iatian f gi 2 ; 2 4. 15 Q-R)7 W . ff 1 an applieet Sign Re�--ulafions - Paae 14 (a � f preffiise. 4iat blkak, fei--+e. flash, aEiRiat4o Electronic message boards or sits that blink. Bash or change co v in less than five second increments or do not displav time and teMperature shall be brought into compliance with regard to displaved messaizes within one vear. (b}. Signs, on and off -premise, that have been dammed by fire, wind., or other involuntary- causes, except in the case of vandalism, in excess of 50% of current or replacement cost shall be brouzl t into coca-nlrance irn ediately unon reTAacernent: In the case of vandalism., sign may be restored to origizaal condition if dome withzn 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 unon replacement: . ,. Seafehligghts-. 6 at- s (e). Signs requiring structural modifications to accommodate a change of copv shall be brought into compliance urion re lacement. - 6 rneti:ths. ir-P—M—Ai4as the same aR the sign Size and shape r-emams V mid: 1,g1 Discontinued signs shall be brought into compliance immediately �. urdess part of a multi -panel Sian.. - v Sint Regulations - Page 20 T-- -A�� Sites which were unlawfully erected shall be brouvht into comyiiance immediately. (). Sis that are replaced- relocated- reconstructed or requir'm-structural modification shall be brought into compliance immediately_. (k). Sigqs containing removable or replaceable 2anels shall be brought into compiiance 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 agency_ anv affected sigan that must relocate due to the increased right -of way shall be brought into compliance when replaced. (3). Exemption for Historic Suns. Notwithstanding the general and specific previsions of this chapter, certain nonconforming signs that are deemed to have historical significance may be retained. and preserved or restored. Sueh � -etude If there is a uestion regarding the historical si ificance of a. sign. it will be subject to review and anbroval 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 bH&kies�-',-buIIdinSz. (c). the sign is at least thim years oid. 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 &,e 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 sigh 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 u (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: (D. 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. (v). Imposing any penaities that can be imposed directly by the city under the zonina ordinance, y fat Se:kin(g in court the imposition of any penalties ;hat can be =)Lise t ov Sucli Court tinder he �.oT ngy ordinance; acid Sizn Regulations - Page ?2 (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 I uilding 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. V _Al 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 remedv shall remain available for other violations or other parts of the same violation. 27.24_I80: 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. 4..90 Appeals. appeals to the Board of Adjustment may be made when a comp-leted application :S riot acted upon within ten (10) days of recczpt 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 CHapaer 1f.32. all appeals to the Board of Adjustment shad -also include a recommendation by the architem ral r% le' C-ornmittee. J 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 2733 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 Adiustrnent shall also include a recommendation from the architectural review eornmittee. Sign Regulations - Page 21-4 OTHER -A-MENDMENINTS I . Reference to suns 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.6_ Section 27.14.040( ) Signs: Refer to Chapter 27.24. %. Permit Fee Structure: A new fee structure based on the number of square feet rather than the value of a sip 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. 3. Amend the definition of "Sign' to read "Any device, structure, fixttare, attractant. object_ holoaraiahic. proiected or electronic image lighting ar : or placard using graphics, symbols, and/or written copy desipmed specifically for the purpose of advertising or identifying any establishment, product, Woods. or service." Section 27.37.101(216): 4. Delete the following: Changeabie Copy Sig-4 Aix�end as follows: Electronic Messag- Board " Anv sign that uses changing lights to form a sign message or messages wherein the sequence of messages and rate of i.. A1CL11Y.,G+ LJ i+lti.4 L1 VAE1��iV ro grA[uiuilt4 Ll aditl l.at1 Ul: lA1V tLA1EC:l1 UV lolE l,ssGs. 6. Add a definition for Discontinued Sign as follows: "A sign which no longer identifies or advertises a bona fide business. service, groduct or activity on the property where it is located." 7. Add a section to allow a sign for Dome Occu ations under 27.22.160. A wall sit flush mounted to the building not to exceed six square feet may be allowed in association with a home occupation. Sim ReL-ularians - Page 25 CIEL'` ER 27.36 — ENFORCEMENT Y YaYY IROMOMMMIM MI, 4 a ,• . Y V CH P'TER 27.36 — ENFORCEMENT NT 27.36.010 Enforcement 27.36.020 Compliance Required 27.36.030 Violation and Penalties 227.3)6.010 Enforcement: These regulations shall be enforced by the zoning administrator or by his assistant or designee, -vihAu shall have the authhority to request entry to any building, structure, or premises, or any part thereof, at any and ail 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. 'o building permit or other permit shail be issued for any proposed use. construction. or action. which is not zn in compliance with the ordinances of the CAA of Kalispell. Sit Regulations - Pale 26 27.36.030 Violations andPenalties: 1. Any person. partnership, association, company, corporation, or individual who violates, disobe-�rs, 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. I Any individual who feels that a violation has or nay 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 - L _ 1' i_ _ � _ i -� • _.. � d`S "THY theyeol may be de reed to be a separate and dis irict offense. Llie 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 wither at law or ;n egatttr in any court of competent unsdictton. ✓ C. Any person applying For a permit or other land use approval under these regulations, or .who is otherwise required to comply ,with these >ev d1ali�PsS, shad 7t i� T i)Iaszt3li +or becoming anlliiur `v�itji tlieSe regulahons and 5or complying gully with such res�ulations. the Failure of City officials to iderifify a vioiation of these regulations in Sim Reauladans - Paze 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 reg lations, 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 regWations, or which includes terms or omits terms in violation of these reizulations, shall be deemed to be invalid.