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4. Sign OrdinanceCity of Kalispell Planning Department 1.7 - 2°6 Street East, Suite 211, Kalispell, Montana 59901. Telephone: (406) 751-1850 Fax: (406) 75 �1-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Kalispell Zoning Ordinance Text Amendment - Sign Regulations MEETING DATE: July 25, 2005 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. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda !�—V�ilson Senior Planner None. As suggested by the city council. Report compiled. July 21, 2005 c: Theresa White, Kalispell City Clerk James H. Patrick City Manager Attachments: Transmittal letter Staff report #KZTA-04--1 and application materials Draft minutes from 5/ 11/04 planning board meeting TRANSMIT\ ALISPEL\2004\sigri regs 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 #K7-TA-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 mnade 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 Taylor President GT/NW/ma Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • 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 Clem Kalispell Zoning Ordinance Text Amendment - Sign Regulations May 25, 2004 Page 2 EXHIBIT A 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. No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KPP-04-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that preliminary plat approval for a 23-lot residential subdivision be given to Stratford Village Phase 4 subject to the 14 listed conditions. DISCUSSION Anderson stated she is familiar with Stratford Village and goes out there on a routine basis for work. She stated she drives down Sunnyside Drive, and a lot of traffic goes onto Sunnyside, but also a lot of traffic goes down Ashley Drive. Norton stated he admires the Kruckenbergs' passion and beliefs, even though he may not agree with them, and the only way to get heard is to keep doing what they are doing. He stated the Planning Board does try their best. I Hull stated this is very close to his house and the City should make an effort to preserve the Ashley Creek corridor and there is a problem with the Lone Pine area and parking. He stated the area is in transition, but we can try to keep all of it from being developed. Taylor stated the Board is charged with having proper vision and the City has the capability to be a jewel city. He said it won't happen overnight, but the Board sets the tone and E takes interest in being visionary. He said the Board should have a possible work session about where we draw the line. in some of these subdivisions. He said the vision is not faulty in this case, because they have already approved Phases 2 and 3, and the final phase is only 20 more townhouse lots and 3 single family lots and they won't have ° a serious negative impact on the area. He stated we must allow this subdivision to be built out and complete its phase and allow it to finish. Hinchey stated we are not here to discuss a new development, we are here to approve a plat. He said the developer has complied with all the requirements in putting it forward, but he does sympathize with the concerns of the Kruckenbergs. He said he would not be inclined to approve a new subdivision, but this one should be finished out. ROLL CALL The motion passed unanimously on a roll call vote. r CITY OF KALISPELL A request by the City of Kalispell to amend various sections ZONING TEXT AMENDMENT of Chapter 27.24, Sign Regulations, in the Kalispell Zoning REQUEST Ordinance. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 15 of IS STAFF REPORT KZTA-04-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-04-1, a request by the j City of Kalispell to amend various sections of Chapter 27.24, Sign Regulations, in the Kalispell Zoning Ordinance. Wilson stated the Board has been working on the sign regulations during work sessions and this draft reflects the changes discussed at the last work session. She said there are no significant changes overall; they tried to deal with temporary signs, electronic message signs, nonconforming signs, and a more streamlined provision for enforcement. She said the staff recommends adoption of the staff report for Council with one minor change, which is that signs mounted on a fence are considered free standing signs. Wilson stated that no comments were received in writing from any member of the public, but quite a few people came in and got copies of the regulations. PUBLIC HEARING The public hearing was opened to those who wished to sneak on the issue. APPLICANT/AGENCIES PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt staff report KZTA-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that Chapter 27.24 of the Kalispell Zoning Regulations be amended. DISCUSSION Various typographical errors and sections of unclear language were discussed and changed. MOTION (AMEND Hinchey moved. and Anderson seconded to amend 27.24.050) 27.24.050, paragraph 6, Subdivision Identification Signs, to read "such signs shall be restricted to the subdivision or t tract name and riot to exceed 6 feet in height." VOTE The motion passed unanimously on a voice vote. MOTION (AMEND Hinchey moved and Taylor seconded to amend page 15, 27.24.110) 27.24.110, Permitted Signs in the B-2, B-3, B-4 and B-5 area, paragraph 4, to read "projecting signs, except on Main Street and the redevelopment area, unless the sign is a. less than 4 square feet...." (delete old a, move b and c up) DISCUSSION Sorenson explained some of the basis for the removal of projecting signs under canopies. Kalispell City Planning Board Minutes of the meeting of May 1], 2004 Page 16 of 18 Hull stated the logic behind this is that you can't see the sign because the canopy is there. Norton asked if we shouldn't be more specific as to the redevelopment area. Sorenson stated it is spelled out in the ordinance by metes and bounds, and any frontage on Main Street is in the redevelopment area. He said it is the downtown core from Idaho to llth or 12th, and any properties facing Main Street. There was discussion about projecting signs and where they could be used. f Sorenson stated that Architectural Review likes the fact that all projecting signs are off of the buildings, and the exception sloes not allow projecting signs at all. I VOTE The motion failed on a voice vote. MOTION (AMEND Hinchey moved and Anderson seconded to amend section 27.24.150) 27.24,150, Exemption for Historic Signs, to "...signs that are deemed to have historical significance may be retained, preserved, or restored." DISCUSSION Wilson commented that the Board of Adjustment should not be granting variances for these anyway, and that it should j I be done administratively. Sorenson read the criteria for the Architectural Review Committee for historic buildings and suggested a similar review process. VOTE The motion passed on a voice vote. ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. ! OLD BUSINESS There was no old business. NEW BUSINESS Wilson stated the City Council wants to hold a work session with the Planning Board to discuss roads, brainstorming, etc. on June 14 or June 28. There is a meeting with the Architectural Review Committee on June 2 at 7:00 in the City Council chambers. Sorenson spoke about zoning text amendments, and that I the R-3 and R-4 zones have very slight differences; R-4 allows duplexes and smaller lot sizes, so developers can get more lots. They want to coordinate the R-3 and R-4 zones so that lot sizes and setbacks are the same, so that developers can choose the ri ht zorle for their ro ects. Kalispell City Planning Board Minutes of the meeting of May If. 2004 Page 17 of 18 Wilson said the Board needs to talk about the work program discussion, because we are coming to the end of the fiscal year. ADJOURNMENT The meeting was adjourned at 1.0:28 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Wednesday, June 9, 2004. George Taylor President Judi F unk Recording Secretary APPROVED as submitted/corrected: / /04 Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 18 of 18 CITY OF KALISPELL REQUEST FOR ZONING TEXT AMENDMENTS SIGN REGULATIONS TRI-CITY PLANNING OFFICE STAPP REPORT #KZTA-04-1 MAY 4, 2004 A report to the Kalispell City Panning 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 Cha bcrs. 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 ternporary signs including political signs, as well as general housekeeping items. A. Petitioner and Owners: Chris Kukulski, City Manager City of Kalispell P.C. Box 1997 Kalispell, MT 59903-1.997 (406) 758-7701 B. Area Effected by the Proposed Changes: Any property urithin 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 re-ision of the sign regulations was placed on the Kalispell Planning Board's word program list for the fiscal year to address discrepancies in the sign regulations in several areas. Specifically, political signs, temporary sign, 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 �%4ffi current case law parameters. Additionally, some clarification waS warranted regarding the display of temporary signs and more specific guidelines griven to }Wanner, time, and place of display of temporary signs. Nearly crc�ss the board the City has prohibited the display of anv types of non --governmental signs in the public right of way due to potential liability issues. More specific language Page 1 of 4 has bcen 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 messageg on the electronic rnessage boards so they do not blind<, colors allowed on electronic message beards so they do no resemble traffic lights and a requirement for the display of time and ternpQrature. The statutory basis for reviewing a change in zoning is set forth by 76-2-20., M.C. Findings of Fact for the zone change request are discussed relative to the iternized criteria described by 76-2-203, M.C.A. The Kalispell. City Growth Policy 2020 encouragtes 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 e>istang non -conforming signs are eliminated through a more aggressive attrition program, The use of zoning for the iniplemtntation 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 in ill. and development -in the care 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. This amendment is intended to improve signage and thus increase the efficiency of access and provide better direction and inforrination 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. 4. The proposed text amendments M1211 serve the general welfare by providing for sale and efficient direction and information to the various providers of goads, commodities and sendces within the community. Page 2 of 4 The proposed amendments will have little impact either positive or negative on this factor. • • • /) VATAQ • OATAMS • • •M"tisitiR• • This charge 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. Thew text amendments would have no impact on public se -ices listed except for transportation where, there could be a significant improvement in the flog of traffic within the community as people are properly directed to the goods, services, commodities and Information within the community. N• • -• -s � a •s s •- /. s / s• s rrt The purpose of the text amendments are to specifically address the signage standards within the City and to provide better information provided through alll types of signage, to improve the overall efficiency of travel and access within. the City while improving the health and safety of the community. •~ •- s - -• •x ••.x VVERVIOMIN 9s• x •- • M • The arneDdrnents 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 writhin 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 zt-iore 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 adapt staff report KZTA- 04-1 a.s findings of fact and, based on these findings; recornrnend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended as outlined in the attached Exhibit A. DEPORTS\MLISPELL.KZTA�K7-TA04-T.DO C Page 4 of 4 Sign Regulatimis - Page 1 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, R.A.-2, RA-3,14-1, R-1, P-1, and PCB 27.24.110 Permitted Signs in Zones B-2, B-3, R-4, 11-5, 1-1, and I-2 27.24.120 Standards 27.24.130 ;maintenance 27.24.140 Sign Permit 27.24.1.50 Non -Conforming Signs and Signs Without Permits 27.24.160 Violations 27.24.170 Enforcement and Remedies 27.74.180 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 cornmunication 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 passible 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 Elie 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 7 27.24.020: Scope. This Chapter shall aot 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 paint of purchase displays; scoreboards on athletic fields; Tags of any nation, government or nuncornraaerci.al organization; gravest -ones; 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 sib 27.24.030: Signs Prohibited. The following types of sibs are prohibited in all districts:: o permit shall be issued for the erection of any signs prohibited b-v this section. f l ). Abandoned Signs. (2). Inflatable signs balloons, tethered balloons. searchlights, beacons or other gas filled or air filled figures 27:2 4:0580 ) . (J, Streamers ennants, strings of pgraiants or other flyin attractants. (4). Banners can public pronerty or rights -of -ova (moved for claritvj, except as otherwise permitted by ether city standards or policies. (5). Signs irritating or resembling official traffic or govermnent. signs or signals. (6). Snipe signs or signs attached to trees, telephonelelectrical pales, 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 vehicles operating; during the normal course of business.) (8). Roof Signs unless architecturally incorporated into the facade of the building on a arapet wall or similar eYtensi n of an exterior wall. (9). :any temporary or portable signs except as othemise permitted in Section 27.24.050(1)(O, {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 othenvise provided by this ordinance, all signs shall require permits and payment of fees as described in Section 27,24.1 0 of this ordinance. No permit is required for the routine maintenance of a sign. Chan ging a face or other component of a sign is considered an alteration of the sign and shall not be considered routine maintenance. 27.24.050: Signs Niat Requiring Permits. The following types of suns are exempted from permit requirements but must be in conformance witb 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 Suns. 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) �jmq is allowed which shall not exceed sixteen (16) square feet advertising the business es which will occupy the lot. Such suns shall be removed within 30 days of occupancy of the buildinp-. (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 ). , banne b-edleai35 and pemiaf4s May Shall be jispla-yed for- -+ -period flet to 1`emporary suns are allowed in association with commercial and industrial uses for soccial event such as _-rand o enirigs orspecial sales for single period of time not to exceed 14 total days within a 6 month period and subject to the written approval of thc zogiiig administrator. SiP-n. Regulations - Page 4 1). Banners mounted directly on and arallel to a building wall. 2'. One temporary or portable sin such as a portable reader board nr sand«ich board. etcper lot is allowed. (d). Political signs not exceeding...' 2 square feet located on Rays !te property. # . er- square feet .�er- sign face ifl, Other- and er-eeted Ao pc;x iurrr cs.�- l .. ,3: (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 hanner pe.r dace of business with no commercial message. (2). General Standards for Temporary Signs. W . A tern Oran, sin shall not be laced 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, round signs contained in Section 27.24.080(l). The location is further subject to site and building access requirements. (c). A to ipprgin, 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 - remise commercial enterprise or event. Sign Regulations - Page (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 narne 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:, �) 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 gush similar devices that are intended to draw attention to a use from passing vehicular traffic. (6). Subdivision Identification Signs. One sign not to exceed sign 464 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 exceedin six feet in heir. (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 ao,n-residential use not exceeding one square foot per nameplate. (9). Incidental Signs. Signs that are genergily iinformati()rial that at had, a purpose secondary to the use on the lot on which it is located. such as "no P dna," "entrance," "loading only." "telephone," and other similar directives_ No sin with a c:orritnercial message legible from a_position off the zone lot on which the sign is located shall be considered incidental. (10). Works of art that do not ' lude a commercial message_ 27.-24.06ti: General Standards For All Signs. i 1). Signs shall not rotate, rnove, flash, change or blink_ except if utilized by a government agency for public safety or information. Sign Regulations - Page 6 (2). An electronic message hoard ee„+er r— ma4ie ,.1,angenble n„=-,,, t le ffle sR5-1- of P—Hafe display rovided it dis l,4ys time and temperature a minimum of every 30 seconds. The sign must be incorporated into the pnjman si4 n� 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 orreertarg_ prohibited, Signs, if illuminated, small 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 ehangeal)le eop�, sign manual) nhn� arc -prohibited except when used to announce a temporary event [see 27.24.050(l)(c)] or when used in conjunction with temporary businesses pr-eN-:de said -and shall be �s placed at least fifteen (15) feet back from the public right-of-way, (5). No more than sevenyy five- twenty- 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 si.n shall be considered to be architecturally incorporated unless the reader beard is contiguous to the remainder of the sin 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 27.24.03W). (7). The advertising display area for freestanding suns shall include no more than two (2) faces except that more than two (2) faces may be permitted for signs serving multiple businesses [see SeeiieHl 2.24 M88{'1- 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 jas per Section Z7.?4.050(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 conforining and nonconforming signage for which permits have been issued per Section 27.24.150. (I ). Building Frontage Length. (a)- Where building frontage is less than 200 feet, the maximum sign area for the property shall be eclt.ral to three (3) square feet for each lineal loot 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 - Vic). 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 bQ 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 0-1/2) square feet, respectively, rovided that a common signa e Ian 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 -whieb sball 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. f3). Multi -faced Signs. All faces of a multi -sided sign shall be counted towards the rxt xi utu sign area alls����ance !for exatnplc, bath sides of a double -sided freestanding; sign are counted). Signs shall not exceed a 30 degree an Ole. Sign Rezutations - 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 rnky 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 read 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 } &-e4 f.o..,., , side pMe rty � from any side Tropefty line a distance e vual to the building setback in the given zoning district. This requirement need does not apply to side corner lots - property, line is a p.�:b';" 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. TABU 1 Distance from Street Maximum Height Maximum Size Right -Of -Way Lime Above Grade Allowed Per face (Feet) (reel) (Square Feet) 0-10 15 60 11-20 20 90 21-30 22 90 l -40 24 120 41 -50 76 150 51 and greater 28 200 (ej. 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 clearly parallel. When any such sign is placed on property located at the intersection of two (?} dedicated public streets, the required setback shall be measured from both 4ie street right-of-way lines a4 whie-the (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. (g}. l• ti--- z- - '.-mil' "-angle On r—opeFtTloeat #"""""rci--the eithef of the str-eet &- (h). Signs within fifty (50) feet (treasured 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 spade if such sign has a base which is greater than fifty- percent (50°`a) of the width of its face or three (a} feet wide, whichever is smaller. (1). When electrical service is provided to freestanding signs or ground signs, all such electrical service shall be undezrground aRhall beaeeoFdane _, with the N.,t,,_..., (2). Wall Signs. (a). No part of a wall sign shall extend above the top of the parapet wall upon ;which it is placed unless architecturally incorporated into the facade of the building. Sign Regulations - Page 10 building ffe On corner lots. the total allowable si n area allocated to wall signs aloe a single frontap-e shall be limited to the maximum sign area a at �ealeulation for that frontage. (See also Section 27.24.070 which allows the use of onlz cane frontage for a oscs of the actual calculation of maximum sign area allowance for a rc� erty . (e). Under-cariop /marquee signs which are parallel to the face of the building shall. be deemed to be gall suns and are not subject to the twelve (12) inch or less extension requirements. nts. (3). Signs for Shopping Venters and/car 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, 17nish materials, and illumination of each sign with the other signs and with the architecture of the building(s), A conimo❑ signage plan shall be required.. prior to issl ij a sign permit. A common signage plats can also be prepared for businesses on two or more adjoining lots. (b ). A 25 percent increase in. the total sigh area allowance as set forth in Section 27.14.080(l)(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 previsions of 27.2.07€1(1)(c) and 1)1 24.080(l ). Freestanding signs shall not be permitted to any single business or tenant. (.4 No outside building signage (other than gro and or freestanding signageI . permitted for mail businesses where the businesses are accessed from a common interior entrance. This exclusion shall not apply to wall signage of anchor tenants. Sign keguiations - 'a-,e 11 (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 maximutrt area per sign face shall 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 d.ilil s.ltall L3C UCUiL14L-,u kV VG flush wait signs. (G). 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 maxizaautn height of 8 feet. L Sign Regulations - Page 12 (c). No billboard may be constructed within 330 feet of any ether billboard located on the same side of the road right- of-way and facing; the sarne 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. (ij. 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 e4aet4�1 � 1= , nrdinafw--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 peanut which corresponds to the number of sign faces to be replaced_ The total number of billboard faces in the cite limits of Kalispell shall not exceed 18, except that property, occupied by billboard(s), which is annexed to the City, after the eff-e tive dwe of this or-dir,,*, e March I9, 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 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 district which permits billboards } e,,._en of "his .,..a.aaftee by N arch 19. 1997; provided that billboards located within 1500 feet of the intersection of Main and Idaho Streets shall. be relocated within ;..,en by March 19. 1994. Sign Reguia6ons - klage 13_1 (h). Whenever a parcel of land containing any billboard is rezoned, or annexed and zoned, to one of the prohibited zoning classifications, they billboard or billboards gall 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 (1). supra. 2'7.24.090: Permitted Suns in Zones R4, R-2, R-3, and R-4. (l ). Signs listed in Section 7.L4.OaG, Signs not requiring a permit. (2). One non -illuminated freestanding or Ltd wall sign, not exceeding 210 10 square feet in area per face for a freestanding Sian or 20 ,(juare feet Cor a wall sign„ in connection with a Permitted or conditionally pemitted note residential use. The sign area for si ns described in Section 27.24.0';O are allowed pnrsuartt to the standards contained in that section. I A 1 Ixfr. r.-h21 a r�acf nr�irtrr cirrn -i j. t�v---.�iwc,il-i]x;{;fSi--�:ri c..�yFU---+F-ivi�i taiull 1ai..- ate- av va. .w 1vt+.�a.0 aaw'• ,�ir+a shall be limited to six (6) feet above the natural grade elevation. (S). Oney all sign flush mounted to the building not to exceed six sure feet in cannectian with a home ac c upation. 27.24.100: Permitted Signs in Zones R-a, RA-1, Rai-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 far B-1 zone where the sign area shall be limited to '16 square feet per sign face and height shall not e,cceed six (6) feet above natural grade. Wall signs shall not exceed 20 square feet per use and shall not exceed a total of 4 square feet total per developed parcel. Siva Reaulations - Page 14 (3). ,� z ee4 per (4). One wall sign flush mounted to the buildin& not to exceed six Nuare feel in connection with a home occupation. 27.24.101 Permitted Signs in the H-1 Districts (1) Suns listed in Section 27.24.050 - Suns Not Requiring A Permit. (2) Non-residential. uses, ether than hospitals, are permi.tted one freestanding or ground sign and one mall, rnarcluee 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. y o feet per- sign face. (4) 1n 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 I4 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(l)(d). (6) Not more than two off -premise signs may be permitted at primary hospital entrance roads to provide dircetion to a hospital facility from a major arterial. Orte 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 -got to exceed six square fect in corn c :-tion -with a home occ:u ation. Sign Regulations - Page 15 27,24.k10: Permitted Signs in Zones B-2, I3-3, B-4, B-5, I-1, and I-2. (1). Signs listed in Section 27.24.050, Signs not requiring a permit. (2)� Freestanding and ground signs. ( s). Wail signs. (4). Projecting s.i.gns, except on Main Street in the Redevelopment Area unless the sign is (a) an under -marquee or under-canoriv sign. (b) less than four square feet per face: and c otherwise meets the standards For project.in2 suns. (5}. Freestanding multiple business sign. (6)_ Canopy signs. (7). Marquee signs. {8). Of -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},10 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. (i). All freestanding signs and billboards shall be sell -supporting structures erected upon or permanently attached to concrete foundations. Billboards shall be erected using single -pale construction. (4). All portable signs on display shall he braced or secured to prevent motion. ("5), Permanent signs shall be designed to withstand a ivind speed of 70 miles per hour. Sign Resgulations - Page ] 6 (6). No signs shall be erected_ constructed or maintained so as to obstruct any fire escape, required exit, window or door ripening used as a means of egress. (7). No sign shall be attached in any form. shape, or manner which will interfere' Nith any opening required for ventilation. ( ). Signs shall be located in such a way as to maintain horizontal or vertical clearance of all o-v°erhead electrical conductors. In no case shall a sign be installed closer than twenty-four (2) inches horizontally or vertically from any conductor or public utility guy wire_ 2'7.24.130: Maintenance. All signs shall be maintained in good condition at all tirnes. ,All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized car of rust -resistant metals, failure to properly- maintain a sign shall be considered a violation of this ordinance_ 2'7.24..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 meriting and obtaining a sign permit except as otherwise exempted as per Section 2_7 24.050. (1), Application. Application for a permit for the erection, alteration, nr rc+�nr�a#inn ��f a oinn aFia�� 1�a rttar�r� #n #�a ,zla-itinicfratrer ��n�nn a Form prodded by the .Administrator and shall include the information listed below. (a). Narne and address of the ovy-ner of the sign. (b). Street address or location of the property can which the sign I s 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 sho'Wing the proposed location of the sign along with the locations and square footage areas of all existing signs can the same premises. (e). Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign. r Length of the lot frontage and building frontage. Sign Regulations - Page 17 (g). Locationof ingress; egress and ovenccad wires. (h). Any other information that may be deemed necessary for purposes of clarification. (1). 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 217.23. (3). Issuance and Denial. The Administrator shall issue a pen -nit and permit sticker for the erection, alteration, or relocation of a sign within tern (10) uTorking 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. �). Inspection. The Administrator shall cause an inspection of the zone lot for which each permit for anew 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 ©w'nex or applicant notice of the deficiencies and shalt 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 1S 27.24.150: 'nonconforming Signs itad Sigfis. foe, fe exi -ith the vequir-@swats of this . Existing suns that do not conform to ther©visions of these regulations but were legally in dace rior to the adoption or apjjicaiiqn.of this ordinance. are considered non- conformmz ,,.All non-conforsnin suns shall lie remo ed or brought Into corn liance with these regulations as follows: G YTi-e1lTAGFiCG ChTthe m1hieh mus eeftstf was, q with tax f-din i r _z �r � � li-GTC � Z kid uz. � t EE3fdaRee�c'cti�TTY' r E;is dMeb, Sign Re�ulatiorns - PaRe 19 uni�3 is 1 yeaf io eliminate blink -in � r-ota�iofi, pia hi �. Electronic message beards or signs that blink, flash or change copy in less than five second increments or do not dis la-v time and tern eraturc shall be brae ht into compliance with regard tc displaced messages within one Year. (b). Signs. on and off -premise, that have been damaged by fire, vend, or other involuntary causes, except in the case of vandalism, in excess of 50'11� of current or replacement cost shall be brought into corn liancc, immediately a on replacement- kamediately-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 rept�acement: �.,.,.11 --Elia-le4 ,. sear h-, (e). Signs requiring structural modifications to accommodate a char e of co v shall be brought into compliance ...upon replacement, , 6ment =s. use same �-R— e sign size and shape FeMain miE33i}ged w-41h.--iiET stEttxrcrr izic�czix`ice:-isrxvixS----^uzzc���-rcrr µ (g}. Discontimued signs shall be brought into cornpli� immediately_ unless part oIa multi -panel si n.. ; i 1 �d�3�3 �—C�TGS..xF F4 l3b �'�i ;..JL EIE;�J i!L l3iEE3LL;y S^�T� Sign Regulations - Page 20 . Si-ns which were unlawfjI erected shall be bEogghl irnc © liattce irnr ed�. (j). Suns that are re laced, relocated, xeconstrcted _or recu.i.ri structural cdifcation shad be brougrht into compliance immediately. (). Sins containing rerno� able or replaceal7le anels shall be brace into compliance when more than 54 . ercent of the sign area car sit.�tanc is are replaced or modified. - (1). In the event additional right. -of -way is purchased by a governne�ncv, anv affected sign that must relocate due to the increased rizht-of-wav shall be broup-ht into co[NliaLice when re [aced. t3). Exemption for Historic Signs. Notwithstanding the gerteral and specific provisions of this chapter, certain nonconforining signs that are deemed to have historical significance may be retained, and preserved or restored. c,,c �,c�r -ire and she4ng- clot —£he "����L111111'. rx .n rr+.3.rn [r1,.7.ytil2l.]" L]'v.a.� l"f' �'r"34iY'i� 3C .:.3 F133F�i'Flllltl HPrir3'iT31 Ys r2 t1'. ra .a. t-•xx.�w..ii�•� va.. vi.x�xx«acuit;a..r., .+rwx..x �ii41 IAIti- historical significance, of a sin, it will be subject to review and 4ppr wal by-. the Architectural Review Committee who shall consider the following criteria._ (a). The sigtl demonstrates characteristics of stele, function, method of construction. workmanship, design, or materials that gives the sign its historic identity and associate it with a specific dace, time, or cultural pattern_ (b). The sign is are integral part of the original arehiteGture and has an association with the (c). The sigh- is at least thirty (30) rears old. If less than thirty Fears, then a finding of exceptional importance of historical significance shall be made_ ii�3 tlAl i the V� XX�"Ili"�CT it l�'�'T"�rLZ1.T1':SGS-""'in Fight. of TayT�'iEii r . � .• —�D?.r Sign Re utations - Page 21 the 27.24. 60: Vit0ations. Any of the following shall be; a violation of this ordinance and shall be subject to the enforcement reine°dies and penalties provided by this ordinance, by the zio ing ordinance, and by state law, (1). To install- create, erect, or maintain any sign in a way that is inconsistent with an-y 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. 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 inciude the fallowing: 1). Issuing a step -work order fvr 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 signs) or the correction of the nonconformity: (3). Imposing any penalties that can be imposed directly by the city unclear the zoning ordinance" }. Seeing in court the imposition of any penalties that can be imposed by such court under the zoning ordinance. aad 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 previsions of the :coning 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 :caning ordinance._ All such remedies provided herein shall be cumulative. To the extern 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 ::tailed to the sign owner stating the nature of the work and the date on which it was performer) 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 corntnittee. Sign Regulations - Page 2S The action beingg ,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 w-h-ere 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 Relations - Pa;e 24 OTHER AMENDMENTS Reference to signs in each_aoning, district: Reference will be made to the sign ordinance in the sections govQrning each zoning district in the same mam er as setbacks, fences, ete. e_g. Se(:(ion 27. I4_040(8) Signs: Refer to Chapter 27.24. 2. Permit pee 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 ender a separate; ordinance would accomplish this change, but a statement of support by the beard would be in order. Amend the definition of "Sign'` to read "Any device, structure, fixture, attractant_ object^holcsrapic, prcz�ectec[ Qr c lectranic ima, libiing er ; or placard using graphics, symbols. anchor written copy- designed specifically for the purpose of advertising or identifying any establisbment, product. goods, or service." Section 27.3-7.101 21 : 4. Delete the following: CUR `tea••` r` "izi rs:t r'"fl€� izuriccr�i �izc Kira::: ca 3 c-cti4c. al t e'ear-vr'-crc .. . Amend as follows: Electronic Message Board "rt_, f' cn-4'' Arty sign That uses changing lights to form a sign tnessa re or rtzessa es wherein the szquenpq of messa es and rate of c#fied by electronic processes. 6. Add a definition for Discontinued Sin as follows "A sign which no longer identifies or advertises a bona fide business_ service�duct or actin itv orb ghe pip perrhere it is located." 7. Adel a section to allow a sign fc?r �on�e Qccupatinns�t�der ?7.22.16Ci. A y� all sign flush mounted to the buildin not to exceed six square .feet may be allowed in association with a home occupation, Sign Regulations - Page 25 CHAPTER 27.36— ENFORCEMENT �-'P,c� rrcc[urceifcv�u-e�nsrrcL cc r� ­110NUe�s, alters, .> el: the violation of any detail -,�alefnet4 or- pltns-submit4ed by him and exo�ee one- hundred andd eighty (190) 4a�y,,; Of both. Raeh Shall y . PdeVdr-e is BF�c�,-o°s'"rrais'si}i3Gt-fly any building, sume-We, or- land is used in violo4ion of these FegWatieffs,7 mot,. ,+ builditig, stfuetur-e of land 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. 2?.36.020 Compliance Required. No building permit car ether 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: 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 deerned guilty of a misdemeanor offense, and upon -conviction thereof, &11 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. ?. Any individual vvho feels that a violation has or may be occurring may bring a violation or a suspected violation to the attention of the zoning administrator. _fhc: 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 tern days in which to correct the matter, or in which to came 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 ( I) issue a notice to appear in City court, or f 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 �rr7ar .- to 1-tc-.d 'k- 5✓;s,.}y3 iv �1 vAti,-Li S-iii.: �.1 {-�{1114 iAli�i4+ti 4w ii.ul tAl, �V1i11lrA t, vvilti+F4[li: \+3{L14 L�' or general welfare, the ten-day notice requirement may be waived and either a notice to appear in City- courtissued 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 days continuance thereof may be deemed to be a separate and distinct offense_ The existence of a criminal or other rernedy, 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 cornply with these regulations, shall be responsible for becoming familiar with these regulations and for complying fully with such reputations. The failure of City officials to identify° a violation of these .regulations in an Sim Regulations - Page ?7 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 xk th 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.