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Ordinance 1550 - FAILED - Zoning Text Amendment - Sign Regulations9/26/2005 a"IhANcE No. 1550 Failed AN "INANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDNANCE NO, , BY AMENDING SECTION 2 7. 4, SIGN REGULATIONS, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the C-Ayof Kalispell bassubrut Witten requestto amen. the Kallspell.Zoning ordinance,, amending Section '.2 , Sign Regulations, and WHEREAS, the rt was forwarded to the Kalispell City annBoard and Zoning Commission by the ri-City Planning Off= after having been evaluated under 2 .30: 2, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and. Zoning Commission recommended that the text oft Kalispell Zoning Ordinance be amended by amending section 2., Sig. Regulations, and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the Kalispell City Planning .hoard and Zoning Commission and hereby adopts the findings made in Report #KZA-04-1 as the Findings of Fact applicable to this Ordnance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O KALISPELL AS FOLLOWS. SECTION .. he, City of Kalispell Zoning OTdinaDce, Ordinance No. 1460, i hereby md d as follows on Exhibit "A", attached hcrcto and thereby made a part hereof. SECTION 1. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged,, SECTION 111. This Ordinance shall take effect thirty days after its final passage. LSECTIQN. IV. The City Attomeyis hereby authorized and directed to recodify this Ordinance. PASSED .AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 1 9TH DAY OF SE EMBER, 2005. ATTEST: Theresa "White City clerk Pamela B. Kennedy Mayor Sin Regulations - Page 1 RA r dated 25 05 CH.VFER 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 Bede Categories of Signs 27.24.090 Permitted Signs in Zones R- , R-2 R-3, and 2 ,2 * 00 Permitted Signs in Zones R-5, R.4, R.-2, RA-3 H-1 - , P.-I, and PUD 27.24,110 Permitted Signs in Zones .,, -3, - , B,5, - , and -2 27.24.120 Standards 27,24,130 Maintenance 27.24.140 Sign Permit 27,24.150 Non -Conforming Signs and Signs Without Permits 27,24*160 Violations 27.24A70 Enforcement and Remedies 27,24*180 Removal of Signs by the Administrator 27.24,190 Appeals 27*24,200 Variances 27,24, _ Purpose. The purpose of this Chapter shall be to coordinate the type, placement, and physical dimensions of signs within the different l . -usc zoning classificaftons of Kalispell* to recognize the commercial communication requirements of all sectors of the business community; to C11courage t1le innovative u of design; to prumote both renovittion and proper r a. teDar ce; to promote the aesthetic objectives of the city; to improve pedestrian and traffic safety; to enhance the natural scenic qualities of the area; to minimize the possible adverse effect of signs on nearby public and private property; to promote the tourist econor r of the city; and to guarantee equal treatre.t under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use and maintenaince of signs. The use of signs 's regulated accord.g 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 Cba ter. Sian Regulations .. Page 2 2 .2 . 2 * Scope. This Chapter shall not regulate off offal traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public fight -of -way; product dispensers and point of purchase displays, scoreboards on athletic fields flags of any nation, government or noncommercial organization; gravestones; religious symbols; commemorativc plaques; decorative holiday light displays;'r,aditional barber doles; the display of street numbers; or any display or Construction not defined herein as a sign* 2 .2 . 30-oo 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, (: Abandoned Signs. (2). Inflatable signs., a o . , tethered balloons, searchlights, beacons or other -aas filled or air filled.. . rs (gicept as allowed in Section 27.24.050( (3). Streamers .arts strip s of eats or other l " attractants; Banners on publicprWeM or ri is-of-wa (moved for clarity), except as otherwise permitt y other city standards or policies. (5)., Signs imitating or resembling official traffic or government signs or signals* (6). Snipe signs or signs attached to trees, telephone/electrical poles, public benches, streetlights, or placed on any public right-of-way. (7), Silts placed on vehicles or trailers whieb are parked or located for the primary purpose of displaying said sign. Ts does not apply to sigms or lettering on buses, taxis, or vebleles operating during the normal course of b - (8). Roof Signs unle,,ris architecturally incorporated into the facade of the building on q.parapetwall or similar extension of an eater-ior wail. � . An y t m o armor portable signs cxccpt as otherwise permitted i Section 2.,00). (1-0). Mcchallically all-imatcd andlat 11ashilig sigo's. ser, also section 2,2-0l) Sign Regniations, - Page =3 G . Any temporary le sandwich - r � portable . Sis I ocatedb e sidewalks or n right of way,, 27. . : Permits Regm*r : . Unless t r r se provided by this ordinance, all signs shall require permits and payment of fees as described in Section 27.24.140 of this ordinance. No permit is required for the routine maintenance of a sign. Changing face or other comaonent of a si � considered alteration of the s shall not be considered routine it:_ 27.24, 5 ; Signs Not Requiring mi s. The following types. of signs are exempted from permit requirements but must be in conformance with all Other ru -ell e ti's ordinance: Allowed we temporary Signs. Signs erected on a temporary basis such s, bot not limited to, the following categurlus of signs: (a). Construction Signs. No more than one sign per contractor of a building which is under construction provided the advertising display area of such sign shall not exceed six square feet in residential districts or sixteen (16) square feet In other districts. Additionally..... one (I.) sign is allowed Which shall not exceed si teeft 1 square feet advertisin tie business es which will occupy the lot.. Such signs shall be removed within 30 days of occupancy of the building. (b). Real Estate Signs. One two-faced sign per I ot not exceed i six square feet per sign face in residential districts or sixteen . square feet in other districts; r K r # • s uant i 3W � � s hall 14 Y L 4 .f k I k 'er car are allowed associationwith c mmer i and industrial uses for !jpecial event such as grand open in sr e is sales for sin ie eriod of time not to exceed14 . to the Witten roval of the zoning administrator. Sign ul ins - Page Banners mounted directly on and parallel to a buld wall. 2;Qne...temporaryi€ o tab e ea e board or sandwich board etc)...per lot is lowS+w- T i } k 16 i r e121MA W � w * { a 1,# 4- 3, Inflatable signs,. balloons, tethered balloons �- � ht beacons or other gas filled or air. Lilled . (d). Polio'cal signs not exce.edina 32 sQuare feet located o .► ,. �. llr p . pA- -r, r w * s +r *AAX* ! U-11 ! a1711 3 * iX3 fjAE)Fe * ! ! Campaignand election -signs which are removed within 1 days after the election, (f). Signs associated with neighborhood garage or yard sales, or r Dar function. Such signs must e removed within one (1) week following the sale. (g). One decorative banner per dace of business With no commercial messagpe. General Standards for Tom rar SI . (a). • tee i shall not be vlaced an or extend over the ight-of-way. (b) The location of ora � is subject . triangle reguirements and the location re emets for frees ta i round sians contained in Section 2 .2 .08o The location is further subject to site and buildijIg access (C). A temporary sigpi shall be designed..to be stable under all weather conditions 1d'a hi Winds; Sian Rti - Page (d) A temporary sign shall not advertise or mote a off - premise commercial enterprise r event. Directional Signs# A sign., other than a government sign, riot more an four ) squai-e feet which provides diroctions fo-t traffic t`lo to places of business. 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 Mstittio.. provided such sign or bulletin board shall not exceed 24 square feet in sign area r face subject to the district. Interior Window Signs. Any incidental signage erected inside o or painted on a window or otherwise located within a building except strobe hghts, blinking lights or other such. similar devices that are intended to draw attention to a use from passing vehicular traffic. Subdivision Identification Signs. one sign not to exceed 0 square feet in area or two 2 signs not to exceed twelve (12)square feet each per exclusive entrance to a subdivision o tract, Such signs shall be restricted to the subdivision or tract name and not exceed in . 4;1 x feet in h L Government Signs. Any sign erected by a government agency (e-g-, traffic signs and legal notices) and signs indicating 'utility locations. Nameplates. one, per dwelling or tenant names at main entrance of any non-residential iise not exceeding one square fort per nameplate. � #Incidental Signs. Si ns that are enerally informational that have a purvose secondqEyto tic dot on act s located{ such a "no rkin " " t e " " o i nl" "te boil " and other similar directives* No s.ign with a commercial mesa le e from a position off the zone lot on which the sifm is located shall tie considered incidental. (10), Works of art that do not M'clude a commercial message. Sign Regulations - Page 27.* General Standards For All Signs Signs shall not rotate,, move, flash, change or blink, except if Utilized by a government agency for public safety or information. (2). An electro-nic message49fo &A."4J N`%3F-tL&J -911-A-LIUIX11"Llwalt 9.19"& A-3-L&SAAM WX and M • # L-L.IV .1 Y Pvt d rodd t dis asime an temperature a minimum of every 30 seconds_ The sign must be or rated into the re ar shall . not comprise more than 25 of the rear `� troi rssa shall not charm-inchanize-in increments of less than five seconds and shall not use flashing or b 1 characters. The use of colorswhich ca-n be confused With traffic siparns such as red q r nare ro i it . (3). Signs, if illuminated, shall be lighted by continuous,, stationary, shielded light sources, Internal1v illuminated ns M not be lit at nizht when anv face of the siqn is removed or damajeed in such �Lay that the likht may distract or intruden drwers or adiacent Sithat have atehtwkmust be lit above the si and the hht shielded except that g und ligh n may O used round � n W� with q.solid base* In all cases Ii,ehfin must be directed at the �ce.of the...sign area. *,..� r • • Portable or movable reader hoards signs ` _ rt are Groh*kited except when used to announce a temporary event [see 27.2 .o o . ] or when used in conjunction with temporary - s n ss s and shall placed at least fifteen .5) feet back from the public right-of-way. (5). No more �� tit percent of an sign area may incorporate a reader board# The reader board portion shall be architecturally incorporated into the overall design n of the sign. No such sian shall be considered to be architect ra or orated unless the reader hoard is configqors to the remainder of the sMn face and is bounded the same or similar framework:. Signs attached to buildings shall not extend above the wall to which thcy are attached unless erected to wmply with 27.24.030(8). The advertising display area for freestanding signs shall include no more than two (2) faces except that more than two 2 faces may Sign Regulations - Page . be permitted for signs serving multiple, businesses ]. he advertising ispl area for wall signs shall be limited to a single sign face} (8). No off -premise e sign shall be located in any residential zoning district except as may be associated with M idental -neighborhood sales fas per Section 2 * wool e . See also Sc tiern 27.24.030. 27*2 . 7* Sign Area Allowances. The maximum sign area allowance for a particular pi-operty shall be calculated as per subscction 1) or 2 below unless otherwise specified in this Chapter. Sign area allowances shall only e applicable to developed properties, and shall include all conforming and nonconforming signage for which permitshave been issued per Section 27.24.150. (1). Building montage Length. (a). When building frontage is less than 2M feet, the maxima sign area for the property shall be equalto three 3 square feet for each lineal foot of building frontage length, (b). When building frontage exceeds 200 feet, the maximum sign area shall be equal to 600 square feet plus one square foot for each additional Pineal root of frontage beyond 200 feet. As applicable to shopping centers or lots containing multi le businesses r where common ig age i shared twee two or more adjacent lots, the calculation o allowable sign area shall he as per (a) and (b) above, except the square footage allowance increases to three and one- half 3- 2 square feet and one and one-half (1-1/2) square feet, r ti el. rovide that a common i a submitted and approved* 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 t.e event a i.dg does not have frontage on a dedicated public street or has frontaOre 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 slign 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 Sign Rhin - Pagc 8 based on a ratio of one square foot of stgn allowance for each lineal foot of lot frontage along a single public road. Multi --faced Sigas. Aff faces of a .multi -sided sign shall be counted towards the maximum s area allowance for exams both sides of a double -sided freestanding Mg are counted). --Signs shall not exceed a 30 degree. 27,2#8; Regulations for SriCategories of Signs, (1). Freestanding and Ground Silts. The advertising display area per signface shall not exceed 200 square feet except as otherwise permitted by Section 27-24.o8o(3). (b. A single sign may be permitted on a lot having at least t.iry (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 5 o feet. Under this a corner lot with frontage along two(2) Publicroads is el-IgIble for a sign along each frontage., P-ro,vided that the signs.mavnot be located within the same building setback area, Signs shall be setback rt ; i k ♦ y from any & -pro r a distance eQual to the buildina setback in the Riven zo district, This requirement does of apply to side corner lots-- , t Q � property �� wa7y. No sign shall. be erected or extend over any Public sight -of -way. Sign Regulations - Page Heights, area, and front yard setbacks of signs shall be permitted in accordance to Table 1. TABLE I Distance from Street M mum Height T im m S €� �� Right-o -W Line AboveGrade Allowed Per Face (Feet) (Feet) (Square Feet) o- 10 15 60 11-20 20 8 2.-3 1-40 24 120 1 - 26 SO 1 and renter 28 20 Single -faced freestanding and ground signs shall be set back from the street right --way line according to the Provisions of this section (Table t When any sign i placed on property that has only one street frontage, the required setback shall be measured from the street right-of- way y tineto which the sign face is most nearly 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 the street right-of-way lines r ahu t �. 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 ). Any such Netback sball e measured from the street right-of-way line at the street to which the sign faces are most nearly perpendicular, W # i * i # WWAIT kffA * f YKIM M1401V4.6 * i �F f ' * IF IV i WALqWA A Signs within fifty 5 feet (measured along the street right- of-way) of an intersection, Which exceed forty-two 2) inches in height, shall be set back at least fifteen 15 feet from the street right-of-way line or shall maintm'n free air Sign Regulations - Page 10 spacc between a hcightof forty --two 2 inches above the adjacent street elevation and a height of seventy-two (72) inches above said elevation. A freestanding sign shall not be ustru d to have fice ith, space if such Signh. base which is greater than fifty percent (50%) of the width of its face or three 3) feet wide, whichever is smalleT. When electrical service is provided to freestanding signs or ground signs, all such electrical service shall b underground w �r Wall Signs. (a). No part of a wall sign shall extend above t.e top of the parapet wall upon which it is placed unless architecturally incorporated into the facade of the building. # L • s F w a s • • a On darner Jots the total allowable areaallocated wall w . on ' . r a a Xbe limited to the maximum sign. area for that fronts . See also Section 27.24,070 whicb allow the use of one one frontAge for numoses of the, actual calculation of maximum sien area allowance for a r rt , 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 (1-2) inch or less t ii '1011 requirements. (3). Signs for Shopping Centers and/or Multiple Businesses, All sins � a shopping center and/or lot containing multiple businesses (more than one-) shall be coordinated a to the number, mode of display, location, size, height, colors, finish materials, and it .umi-nation of each sign with the other signs and with the architecture of the building . common sioja e Man shall be...Muircd prior to issuing a sip _pmitt, A common signage plan can also be prepared for businesses on two or more adiig Iots. Sign Regulations - Page 1. (b)- A 25 percent in. r a in the total ign area allowance. a set forth in Se�cfion 27.24.080(t)(d) shall apply to freesaanding signs that are subject to a common signage plan. Advertising for multipIc businesses sharing a common zoning lot shall be incorporated into a single freestanding sign consistent with the provisions of 27.2 . (.)(c) and. 27.24.080(1). Rcestanding signs shall not be pelmittedto any single business or tenant. (d), No outside building signage th than ground or freestandIng i g is permitted for mall businesses where the businesses are accessed from a common interior entrance. This exclusion shall. not apply to wall signage of ahr tenants. Projecting Signs* (a). The sign shall be erected at right angles to the building face and be at least eight feet above grade, (b). The maximum area per sign face shall not exceed 15 square feet. Signs extending over a public right-of-way shall not extend to within two ) 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 e 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 inininiurn of eight (8) fect above grade and shall be deemed to be flush wall signs. Sin Rcgufativus - Page 12 �. Canopy Signs. (a). No canopy sign shall projcct above the top of the canopy upon which it is mounted (b), No canopy sign shall project from the face of a caiiopy. (c). Canopies on which canopy signs are mounted shall be at least eight feet above any public right -;way, except that any valance attached to a canopy may be only seven (7) feet in height above a public right-of-way. Billboards. (a). No billboard shall exceed 288 square feet per sign. face* (b). No billboard structure shall exceed a maximum height of 28 feet, No billboard may be constructed within 300 feet of anv other billboard located on the same side of the road rbt- of-way and facing the same traffic flow. Distance shall be measured along the nearest edge of pavement of the road near whose right-of-way the sign is located* No billboard may he constmeted nearer the road right-of- way than the applicable building setback requirement for the zone in which the billboard is located. No billboard shall be constructed along a road, which is. not federal or state highway. (f). In order that the total face, area and number of faces of all lawful billboards within the City not be increased beyond the numbcr of faces occurring on ...... ald t e t16� VS * .arch 19 1992 no billboard shall be constructed without first removiing billboard(s) equal in face area and umb r 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 i rih 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 Sign. Regulations - gage. _ permit which corresponds to the number of s o faces to be replaced. The total number of billboard faces in the city limits of Kalispell shall not exceed 18, except that property occiipied by iloar(s, which is annexed to the City, after the * y y March .� 12 shall be subject to the provisions of Section 27.24.150, and billboard(s) located thereon mav remain, but shall not, thereafter, be relocated. • Any billboard, except those subject to armexation specified in f), supra, located within any zoning district in which billboards are prohibited shall. be relocated at the billboard owncr's expense to a zoning district which permits billboards eflftetffl '. Maprovided ALLL XJJk that billboards located within 1500 feet of the intersection of fain and Idaho Streets shall be relocated March 11.1994. (h). Whenever a parcel of land containing anv billboard is rezoned, or annexed and zoned,, to one of the prohibited zoning classifications, the billboard or billboards shall be removed within five (5) years of the rezoning or, in the case of annexation, within five 5 years of the date upon which a city zoning classification is imposed upon the annexed parcel; provided, that any billboards removed u rs a t t this subsection niay be reinstalled within any of the Permitted zones listed in Section .2 . _ 0, in accordance with subsection f), supra. 2 7,2* 9 : Permitted Signs in Zones R- , R-2, -3, and - . (I). Signs fisted in Section 2 .2 .05o, Signs .not requiring a permit. (2). One r.cr...rtc freestanding or wall sign, not exceeding -20 10 square feet in area per face for a freestandin or 20 s care feet for a wall connection with a permitted or conditionally �� �� r idential use. The sign area for si rxs described in Section 27.2 .0 o are allowed ors ant to the standards contained in that section, Sign Regulations - Page 14 F The height of a to din shall be... limited to sip. 6 feet above the natural grade elevation. One non -illuminated wall exceed six square feet in connectionwith a home occupation, 2 # *1: Permitted Signs in Zones - , RA- ., RA-2 RA- , -1 and P- . (1). Sigiis listed in Section 2 .2 .050, Signs not requiring a permit. (2). ' e sign area for a freestanding or ground sign shall not exceed 2 square feet per sign face and the height shall not exceed six feet above natural grade, except for B-I zone where the sign area shall e limited to 36 square feet per sign face and height shall not exceed slix ) feet above natural grade. Wall signs shall not exceed 20 square feet per use and shall not exceed a tote of 40 square feet total per developed parcel. � . one non -illuminated wall sign..fiush mounted to the building -not, to exceed six squate feet in connection with a home oggu j2ation. 27,24,101 Permitted Signs in the H-1 Distn"ets (1) Sigmas listed i Section 2 .24.o o - Signs Not Requiring Permit. (2) Non-residential uses, other than hospitals, are permitted one freestanding or ground sign and one. wall., marquee: or canopy Sign per developed lot. The sign area for a freestanding or ground sign shall not exceed 24 square feet per sign face and the height shall not exceed six feet above natural grade. Walls signs shall not exceed 20 square feet per use and shall not exceed a total o o square feet total per developed parcel. (4) An entrance sign shall be permitted at all parking lot entrances to a hospital Katy or complex provided the sign does not block the visibility of .incoming or outgoing vehicles. The sign shall not exceed 14 square feet per face nor six feet in height. (5) Up to tree signs r..av be pennitted in association with a hospital complex and may be freestanding, marquee (canopy) or wall Sign Regulations - Page 15 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 direction to a hospital facility from a major arterial. One sign shall he. permitted per intersection entrance. Each sign shall not exceed 54 square feet per face nor 1.2 feet in height. off -premise hospital signs will be allowed on developed or undeveloped property and will not be courted as part of the sign type or allowance permitted for that parcel One non -illuminated wall sian flush mounted o the buildi'l1g..not to exceed six -square feet it connection with a homy aio.. 27,2 ,1 ; Permitted Signs in Zones -2 -3, B4, -5, - , and -2. (1). Signs listed it Section 27.24.050, Signs not requiring a permit. (2), Freestanding and ,round signs, (3). Wall signs. (4). Projecting signs., except or Main Street in the Redevelopment Area unless the siLyn is(a).an under -marquee or ��si�z (b) less than four are feet per face: and otherwise meets the standards for..projecting signs. (5)r Freestanding multiple business sign* Canopysigns. (7). Marquee signs. (8). '-premise signs except 41 i zoning classification B-4 when the location and size coals with all other provisions of this chapter. (9). Billboards except it zoning classifications B-4 and -5 and not within 1.500 feet of the intersection. of Main and Idaho Streets. Sigh Rcgulalions - Page 1 27.2 ,12 : Construction Standards. 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. � . No permanent or fixed sign shall be suspended by non -rigid attachments that will allow the sign to swing in the wind other than under -canopy signs. (3),, All Freestanding signs and billboards shall be self -snorting structures erected upon or permanently attached to concrete foundations. Billboards shall be erected using single -one construction. (4). All portable signs on display shall be braced or secured to prevent motion.. �* ennanent signs shall be designed to withstand a wind speed of 70 miles per hour. No signs shall be erected, constructed or ratairned so as to obstruct any fire escape, e, required exit, window or door open.ing used as a means of egress. No sign shall be attached in any form, shape-, or ma-nner which will interfere with any opening required for ventilation. (8). Signs shall be located in ssmcb a moray as to maintain bonizontal or vertical clearance of all overhead 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. 27. .130; Maintenance. All signs shalt be malhitained 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 ordanee. 7,2 * . : Sign Permit. It shall be unlawful to display., erect., relocate, or alter any sign without first ailing with the. zoning administrator an application in writing and obtaining a sign permit except as otherwise exempted as per Section 27,2i00+ Sign Regulations - Page 17 1 . Application. Application for a permit for the erection, alteration, or relocation of a sign shall be made to the Administrator upon a fora provided by the Administrator aind shall include the information listed e o r. (a). Name and address of the owner of the sign. Street address or location of the property on which the sign is to be located# along with the Warne and address of the property uwiicr. (c), The type of sign or sign structure as defined in this chapter. (d). A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises. (e). Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign. (f). Length of the lot frontage and building frontage, Location of ingress/egress and overhead wires* (h). Any other information that may be deemed necessary for purposes of clarification. (i). The application fee established by the city council. � Architectural Review. Signs to be located in the Kalispell Redevelopment Area are also subject to the architectural review requirementg as set forth in Chapter 27-2 . (3). Issuance and Denial. The Administrator shall issue a permit and �i sticker for the erection,, alteration, or relocation f a g w t i ten 0 working days of receipt of a valid application, provided that the sign Complies with the laws of all applicable jurisdictions, In all applications, Whcrc a matter o .interpretation arises the more specific definition or higher standard shall prevail. Wlicji the a iris -a t- dcuics a pennA, written noticr, sliull be gi within ten 0 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. Sign l do - Page 18 w Inspection. The Administrator shall cause an inspection of the one lot for which each permit for a new sign or for modification of an existing sign is issued during t.he 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,. thic permit shall lapse and become void. If the construction is complete and in fall compliance with this oirdinance and with the building and electrical codes, the Administrator shall issue the appropriate permit(s) to bu field by Lhe ownui- of thu sign and be held as a permanent record of compliance with this code. If the construction is substantially complete but not lin full compliance with this ordinance and applicable codes, the Administrator shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date o msetion for the deficiencies to be corrected. If t.e 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. 27*2.5: Nonconforming S1gns anti Vaiganx-C With"ut ic --QUO-ont r-O "tLQ=X1 It ka k w w s f • * ■ the-easetick Lvin" • } Y . Ex st noF signs that do not conform to the Provisions of these regulations but were leaally i la vrior to the adoption or application of this ordinance are considered non - co o mi All non-conforminz signs shall be removed or brought into Compliance Nvith these rezulations as .l o : • # f a i jk'i R a ■ Ik iM f # Vap w a4 i r A # + # A A at .# iR �► AON i r # + r r w iF •* # i f i t * 1� i r # iF i iA * # # 4 VALWAA.00jr at to I WA Vn VA4M 4 ! w-412, 1Z # #It Ir WWI! I t w rt # r 'N N 81 *a # a a � w ik 1k w w i i # R.. .......... ... .. ## * 4 aq Wa i # 49 R a w # Ina * r a 4*WWW.HW r 41k i f � t 14 t 6 9 SLW M 9 10 P074W r r a wr ! 4 NO * i it aF IR + + # rR A # �k w JM * w Ir # a !r A U / � i f ! Sign Regulations - Page 1 ordinance... ---and --shall. - ..... etit-led - ...... t tectio-w-of- Section Z--i $ o 4Fw-T-� _L RJF T� 41 -- '11101 * i1GL a I T 0 1 V404MM Ift.A.* i aW i ii M ! ! # f# ! ! # ♦ # a � #r # ! # + � f i � ! #k i A F# - *31 i 31 ol M � i i # i + # w f _ r !# ! i w # E 1 0 # Iw i fflW■ t M w i 4 • yY # yk a + 19a 1.0.0. MIL,a- a fi r i a 1i iF � ii y, t I` � � # f■ • # i i ! * 1► i �1 ! * * w ! # i i4 .� lIF * * 4 w a M * * } "Ix" W -A. W fotaie In OF ef Electronicxxs- �t flash or chap In Igsis, than five second increments- do not display time and tw erasure shall o into compliance with regard-tov dis l messav,,es within one (b). STMS7 01a and off -premise, that have been damaged by fire, winch, or other linvoluntary causes, except In the case o vandalism, in excess of 50% of current or replacement cost s.all be broujaht 'into compliance immediate1v upon r rnw i e ial- l ;�: In the case of vandalism, sign may be restored to original condition if done with 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 o shy.l be broupzht... into comoliance immll o replacement-, AM 7F * s • * * 4 ii Sign Regulations - Page 20 (e). Signs requiring structural .modifications to accommodate a. change. of copy shall be brought into compliance up9n replacement, w k A #11 IRA L J * ; 1Y i ■ - rt M 11 k # 4" ! i # AF A W f r. A i i y M.al A s# # # PIZ A M. w s Ve i +r Ar �. Discontinued sips shall be brought into compliance immediately unless art of a multi-pgnel sign.. i Immediately. �* were unlawfullv erected shall be r t into compliance immediate l i Sigps that are replaced.,... relocated reconstructed r 1 structural modification shall be brought into com ance immediate] y. Sums containiny,removable or replaceable pa. s shall b brought into compliance when more than 50 nercent of the si area or si an i s are replaced or modified. 1.In the event additional r t--era rchased by a P,overnment ageng any affected sipan that m-ust relocate dui to the increased n' . ht-way shall be brnueht into compliance when replaced. Exemption for 14JIstorfe Sl.. Notw1iffistanding the general and ,specific provisions this chapter, certain nonconforming si sps that are deemed to have historical significance may be retained, and preserved r restored. ��- ~~4:h'J1 LIa X%mcb,do �r � s• .� t �w� wr .w, r- t A.r w# s v t it v' a. h wi �.+ � ir. v .w .w �wt wrr +t, R Y Y �! �l 3 s tlr 1. �14 h�'F,k i. Air Y �F� r.rt4 L� it ii14ti �i� V � Lt i \I jeitC -situ r s r Ytu I r jj t' r rfiee Y .*�� .if t.here is a tion regardine the historical.54tnificance of a sip, It will be subject to review and Sign Regulations -Page 21 avvroval by the Architectural Review Committee who shall consider the following criteria: (a)� The sign demonstrates har teristi s of style, l t oH, method ofconstruction., workmanship, design, or materials that gives the sign its historic identity and associate it with a specific place, tine, or cultural pattern.. The sign Is an integral part of the oriial architecture and has an association with the (c). The sign is at least thirty 3 years old. ff less than thirty Years, then a finding of exceptional importance of historical. significance shall be made. 74 * ■k w s i A w rt #WMs r # M M w # M 7M # ■ f # ' - d w ai ■ t # M # # # # w 0 IILWJ# I Will ■ # # 2 .2 .: ; Violations. Any of the following shall be a violation of this ordinance are. shall be subject to the enforcement remedies and e ties provided by this- ordinance, by the zoningordinance, and by state, law* f . To install, create, erect, or maintain any sign in a waythat is inconsistent with any plan or permit � ing such sign the zone lot on which the sign .is located; (2), To install, create, erect7 or maintain any sign requiring a permit without such a permit; (3). o fait to remove any sign that is installed, created, erected or 0. maintained in violation of thi's ordinance, or for which the Sign permit has lapsed; or o 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 o this ordinance shalt be considered a separate violation when applying the penalty portions of this ordinance. Sign Rti - Page 22 2 ,24ol7 : 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 appropn'ate Proceedings pursuant to state lair* A violation of this Chapter shall be considered a violation of the zoning ordinance of the city. The remcdies of the city, shall include the following: �* Issuing a stop -work order for ajiy and all work on any signs on the ate.e zone tot; (2). Seeking an injunction or other order of restraint or abatement that requires the removal of Lhe sign(s) or the correction of the nonconformity; Imposing any penalties that can be imposed directly by the city under the zoning ordinance; (4), Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and (5). In the case of a sign that poses an immediate danger to the public health or safety, taking sly measures as are available to the city under the applicable provisions of the zoning ordinance and building code for such circumstances. The citv shall have such other remedies as are and as maY from time to time be provided for or alowd by state law for the violation of the zoning ordinance. All such remedies provided herein shall be cumulative. To the extent that stag law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, swch remedy ghall. remain available for other violations or other parts of the same violation, 7.2 ,180: Removal of Signs By the Administrator. The dmini trato.r may cause the removal of an illegal sign in cases of emergency (health and sate), or for failure to comply with the written orders of removal or repair. After removal or demolition olition 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 togethei, with an additioual ten 10perccnt fol inspection and incidental costs. If the amount specified in the notice is not paid within sixty ass o the notice , it shall become a lien against the property of the sign owner, Sign Regulations - Page.23 and will be certified as an assessment against the property together with a ten 1.0 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 sl'gns thereon unless facts to the contrary are brought to the attention of the Administrator., a 1.n the case of a leased Sign. 'of purposes of rcinoval, the definition or sign shad include all sign embellishments and structures designed specifically to support the sign. 27,2 . Appeals* Appeals to the Board of Adjustment may be made wbein a completed application is inot acted upon within ten . days of receipt by the ,ad.r.itrtor or if the applicant is deialed a permit. Appeals to the board may also be made pertaining to a notice of violation. '.t°. e appeal procedure is set forth Chapter 27.32. All appeals to the Board of Adjustment shall also include a recommendation by the architectural review committee. The action being appealed shall be held in abeyance pending the decision of the board, ,2 .2 : Variances* A variance to the regulations or 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 ass set forth in Chapter 27.3,E shall not be used t circumvent these regulations or be used to gain special treatment. "Unique Hardship" shall not be broadly interpreted or apply to general situations o economic r .. All variance requests to the Board o Adjustment shall also include a recommendation from the architectural. review committee. Sign Regulations -Page 24 01HERAMENDMENTS Reference to sijzns i n each o district: Reference will be made to the sign ordinance in the sections, governing each zoning district in the same manner as setbacks, fences, etc. e.g. Section 27.. .o o(8) Signs: Refer to Chapter 27.24. . Permit Fee Structure: A new fee gtructure based on the number of square feet rather than the value of a sign would be more straightforward and equitable. The council under a separate ordinance would accomplish this change, but a statement of support by the board would be in order. 3. Amend the definition o "Sig.."' to read "Any device* structure. fixture# at , ota t, _dphicl Prot C ctedr C) ectronic imagc, I izh ti, or' or placard using graphics, symbols, ardor written copy designed specifically for the purpose of adverusing or identifying any establishment., product, goods, or service." Section 27.37.101.(21M. • Deletefollowing: # « . rt rt t F Y %.4h& la An ao r r w%_111. CA 1"111F w Amend as follows. Electronic M ssa e Board' • tA+iIjAdOLXNn. �x Any s1 that �a ht to form a si.gn messagg or messages wherein the seguence of messages and gate of etronicall y pro rammed and can be modified by electronicrosss. 6. Add a definition for Discontinued Sign as Follows: "A sigLi which no 19nr identifies or advertises a bona fide business service, product of activity on the 1 t s o a.t ." 7. Add a section to allow a slp..for Home Occupations under 27.2 - 6 . A wall � flush.. -mounted to the ball not to exceed sips .are feet mav be allowed in