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;
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'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-
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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
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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
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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. *,..�
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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 ;
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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,
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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.
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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
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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
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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 :
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Sign Regulations - Page 1
ordinance... ---and --shall. - ..... etit-led - ...... t tectio-w-of- Section
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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-,
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Sign Regulations - Page 20
(e). Signs requiring structural .modifications to accommodate a.
change. of copy shall be brought into compliance up9n
replacement, w k
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�. 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
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.*�� .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.
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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