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Ordinance 1555 - Zoning Text Amendment - Sign RegulationsORDINANCE No, 155 AN ORDINANCEAMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1460)5, Y AMENDING SECTION 27, 4 SIGN REGULATIONS., DECLARING A EFFECTIVE AT , AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning; Ordinance, by amending Section .7- 4, Sign Regulations, and WHEREAS, the request was forwarded to the Kalispell. City Planning Board and Zoning; Commission by the ---City Planning office after having been evaluated under 27.30.020, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended by amending section 27.24, Sign Regulations, and WHEREAS, the City Council has reviewed the TCPO .deport and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in .deport #KZTA-04-1 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF KALISPELL AS FOLLOWS: SECTION 1# The City of Kalispell Zoning ordinance, ordinance No. 1460, is hereby amended as follows on Exhibit "A"', attached hereto and thereby made a part hereof. SECTION 11. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION III. This ordinance shall take effect thirty days after .its final passage. SECTION IV. The City Attorney is 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 17TH DAY OF UCP�ER.,-N05. ATTEST; Teresa White City Clerk Sign Regulations - Page CHAPTER 27.24 SIGN REGULATIONS Sections. 7.2.0.0 Purpose 7.2 .o o Scope 2#,030 Signs Prohibited 27,24.040 Permits Required 27,24,050 Signs Not Requiring Permits 7,2 . General Standards for all Signs 2*.070 Sign Area .Allowances 27,24,080 Regulations for Specific Categories of Signs 27.24.090 Permitted Signs in Zones R-1, R- , R-3, and R# 27.24.100 Permitted Signs in Zones R-5, RA- ., RA-2, RA-3, H-1, - ., -1, and PUD 27,24,110 Permitted Signs in. Zones -2 -3 - , - , - ., and ;2 27.24.1.20 Standards 27.2 .130 Maintenance 7.2 .1 Sign Permit 27.24,150 Non -Conforming Signs and Signs Without Permits 27,24,160 Vio ation .2 . ' o Enforcement and Remedies 7.2. o Removal of Signs by the Administrator 27.. o Appeals 27,2 .200 Variances ,24,0 0: Purpose. The purpose of this Chapter shall be to coordinate the type, placement, and physical dimensions of signs within the different land -use zoning classifications of Kalispell; to recognize the commercial communication requirements of all sectors of the business community; t encourage the innovative use of design; to promote loth renovation and proper maintenance; to promote the aesthetic objectives of the city; to improve pedestrian and traffic safety; to enhance the natural scenic qualities of the area; to minimize the possible adverse effect of signs on nearby public and private property; to promote the tourist economy of the city; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished y regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to zoning classifications. No sign shall e permitted as an accessory use to a permitted or conditionally permitted use except in accordance with the provisions of this Chapter, Sign Regulations - Page 2 27. . Scope. This Chapter shall not regulate official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government or .noncommercial organization; gravesto-nes; religious symbols-, commemorative plaques- decorative holiday light displays; traditional barber poles; the display of street numbers; r any display or construction not defined herein as a sign. 7.2 . 3 : 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 sectorl. �., Abandoned Signs. �.Inflatable signs, searchlights, beacons or other gas filled or air filled figures. (except as allowed in Section 27.24.050(l)(c) (3). Banners on public property or rights -of -way (moved for clarity), except as otherwise permitted by other city standards or policies. Signs irritating or resembling official traffic or government signs or signals. �. Snipe signs or signs attached to trees, telephone/electrical poles, public benches, streetlights, or placed on any public right-of-way. (6). Signs placed on vehicles or trailers wbieb 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.) (7). Roof Signs unless architecturally incorporated into the facade of the building on a parapet wall or similar extension of an exterior wall. Any temporary or portable signs except as otherwise permitted in Section 27.24.050(l). (9). Mechanically animated ardor flashing signs. See also Section 7.2.00. (10), Any temporary or portable sandwich board signs or other portable signs located on public sidewalks or in the public right of way, Sign Regulations - Page .2 . Permits Required. Unless otherwise provided by this ordinance, all signs shall require permits and payment of fees as described in Section 2 .2 .1 o of this ordinance. No permit is required for the routine maintenance of a sign. Changing a face or other component of a sign is considered an alteration of the sign and shall not be considered routine maintenance. 27. . Signs Not Requiring Per mi s. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this ordinance: Allowed temporary Signs. Signs erected on a temporary basis such as, but not limited to, the following categories of signs; (a). Construction. Signs. No more than one 1 sign per contractor of a building which is under construction provided the advertising display area of such sign s all not exceed six square feet in residential districts or sixteen (16) square feet in other districts. Additionally, one (1.) sign is allowed which shall not exceed sixteen 6 square feet advertising the business(es) which will occupy the lot. Such signs shalt be removed within 30 days of occupancy of the building. (b). .eal Estate Signs. one two-faced sign per lot not exceeding six (6) square feet per sign face in residential districts or sixteen 1) square feet in other districts. (c). emporary signs are allowed in association with commercial. and industrial uses for special event such as grand openings or special sales for single period of time not to exceed 14 total days within a 6 month period and subject to the written approval of the zoning administrator. . Banners .mounted directly on and parallel to a building wail. 2. One temporary or portable sign (such as a portable reader board or sandwich board, etc) per lot is allowed. 3. Inflatable signs, balloons, tethered balloons, or other gas filled or air filled figures (d). political signs not exceeding 32 square feet located on private property. Sign Regulations - Page (e). Campaign and election signs which are removed within 1 days after the election. �• Signs associated with neighborhood garage or yard sales or similar function. Such signs must be removed within one (1) week following the sale. (g). one decorative banner per place or business with no commercial message. �. General Standards for Temporary ,signs, (a) . ►. temporary sign shall not be placed on or extend over the public right -or -way. (b). The location of a temporary sign is subject to clear vision triangle requirements and the location requirements for freestanding/ground signs contained in Section. 27.24.080(l). The location is further subject to site and building access requirements. (c). .A temporary sign shall be designed to be stable under all weather conditions, including high winds. (d). A temporary sign shall not advertise or promote any off - premise ise commercial enterprise or event. Directional Signs* A sign., other than a government sign., not more than four ) square feet which provides directions for traffic flow 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 institution, provided such sign or bulletin board shall not exceed 24 square feet in sign area per face, subject to the height for the given zoning district., � . Interior Window Signs. Any incidental si na e erected inside o or painted on a window or otherwise located within a. building except strobe lights, blinking lights or other such similar devices that are intended to draw attention to a use from passing vehicular traffic. � . Subdivision Identification Signs, one sign not to exceed 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. Sign Regulations - Page Such signs shall be restricted to the subdivision or tract name and not exceeding six feet M height. (7). Government Signs. Any sign erected by a government agency (e.g., traffic signs and legal notices) and signs indicating utility locations. (8). Nameplates. one per dwelling or tenant names at main entrance of any non-residential use not exceeding one square foot per nameplate. (9). Incidental Signs* Signs that are generally informational, that have a purpose secondary to the use on the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental. (1-0). Works of art that do not include a commercial message. 7. #0 0: General Standards For All Signs. (1). Signs shall not rotate, move, flash, change or blink, except if utilized by a government agency for public safety or information. (2). Are electronic message board provided it displays time and temperature a minimum of every 30 seconds. The sign must be incorporated into the primary sign shall not comprise more than 2 percent of the primary sign area. The electronic message shall not change in increments of less than five seconds and shall not use flashing or blinking characters. The use of colors, which can be confused with traffic signs such as red or green, are prohibited. (3). Signs, if illuminated, shall be lighted by continuous., stationary, shielded light sources. eternally illuminated signs may not be lit at night when any face of the sign is removed or damaged in such a way that the light may distract or intrude n drivers or adjacent properties. Signs that have exterior lighting roust be lit from above the sign and the light shielded except that ground lighting may be used for ground mounted signs with a solid base. In all cases lighting must be directed at the surface of the sign area, (4). Portable or movable reader boards signs are prohibited ite except when used to announce a temporary event [see 27.2 .o of (e) or when used in conjunction with temporary businesses and shall be placed at least fifteen feet back from the public right-of-way. Sign Regulations - Page (5). No more than tweirity five percent of any sign area may incorporate a reader board. The reader board portion shall be architecturally incorporated into the overall design of the sign. No such sign shall e considered to be architecturally incorporated unless the reader board is contiguous to the remainder of the sign face and is bounded by the same or similar framework. (6). Signs attached to buildings shall not extend above the wall to which they are attached unless erected to comply with 27.2.030. (7). The advertising display area for freestanding signs shall include no more than two 2 faces except that more than two 2 faces may e permitted for signs serving multiple businesses. 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 In.ciden.tal neighborhood sales fas Per Section 27. .050 1 e . See also Section 27.2 .030. 2 .2 . 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 e applicable to developed properties, and shall include all conforming and nonconforming signage for which perms have been issued per Section 27.2 .150. (1). Building Frontage Length. (a). When ildin frontage is less than 200 feet, the maximum sign area for the property shall be equal to three 3 square feet for each lineal foot of building frontage length. (b). When building frontage exceeds Zoo feet, the maximum sign area shall be equal to boo square feet plus one square foot for each additional lineal foot of frontage beyond Zoo feet. (c). As applicable to shopping centers or lots containing multiple businesses or where common sinae is shared between two or more adjacent lots, the calculation of allowable sign area shall be as per a) and above, except the square footage allowance increases to three and one- half 3-. ) square feet and one and one-half 1-1 2 square Sign Regulations - Page feet, respectively, provided that a common sgnae plan is 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 the event a building does not have frontage on a dedicated public street or has frontage on more than one street, the over of a building; may designate the one building frontage which shalt 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 .s of calculating sign area allowance, the calculation may be based on a ratio of one square foot of sign allowance for each lirneal foot of lot frontage along a single public road. (3). Multi -faced Signs. All lases of a multi --sided sign shall be counted towards the maximum sign area allowance (for example, both sloes of a double -sided freestanding sign are courted). Signs shall not exceed a 30 degree angle. (4). Businesses having; approved entrances from more than two collector streets and/or an arterial highways may submit a sign age plan to the City Council for their approval that exceeds the sign area allowable in this ordinance. A portion of the proposed signage may e off --premise provided the business property does not abut a third or fourth collector street or arterial highway and such off - premise s g age does not direct traffic through a residential zone. 2 .2 .o o: Regulations for Specific Categories of Signs. (1). Freestanding and Ground Signs. (a). The advertising display area per sign face shall not exceed Zoo square feet except as otherwise permitted by Sectioln 2.2.003. (b). A single sign may be permitted on a lot having at least thirty ) feet of .frontage along a public road except up to to 2 signs may be permitted when the frontage of the lot along a single road exceeds five hundred Soo 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. Sign Regulations - Paige (c). Signs shall be setback from any side property fine a distance equal to the building setback iin the given zoning district* This requirement does not apply to side corner lots property line. No sign shall be erected or extend over any public right-of-way. d. Heights, area, and front yard setbacks of signs shall be permitted in accordance to Table 1. TABLE 1 Distance from Street Maximum Height Maximum Size Right -Of -Way Line Above Grade Allowed Per Face (Feet) (Feet) (Square Feet) 0-10 15 60 1-20 20 80 21-30 22 90 3 1 -40 24 120 41-50 26 150 SI and greater 28 200 (e). Single -faced freestanding and ground signs shall be set back from the street right-of-way line according to the provisions of this section (Table 1.. When any sign is placed on property that has only one street frontage,, the required setback shall be measured from the street right-of- way line to which the sign face is most nearly parallel. When any such sign is placed on property located at the intersection f two 2 dedicated public streets, the required setback shall be measured from both street right-of-way ones. (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 . 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). 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 maintain free air space between a height of forty-two 2 inches above the adjacent street elevation and a height of seventy-two 2) Sign Regulations - Page inches above said elevation. A freestanding sign shall not be construed to have free air space if such sign has a base which is greater than fifty percent 50% of the width of its face or three 3 feet wide, whichever is smaller, (h). When electrical service is provided to freestanding signs or ground signs, all such electrical service shall b underground: (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. (b. on corner lots, the total allowable sign area allocated to gall signs along a single frontage shall be limited to the maximum sign area for that frontage. (See also Section 2.2.00, which allows the use of only one frontage for purposes of the actual calculation of maximum sign area allowance for a property). (c). Under-canopy/marquee signs which are parallel to the face of the building shall be deemed to be gall signs and are not subject to the twelve inch or less extension requirements. (3). Signs for Shopping Cie-s and/or Multiple Businesses* (a), All signs of a shopping center and/or lot containing multiple businesses (snore than one) shall be coordinated as to the number,, mode of display, location, size, height, colors, finish materials, and illumination of each sign with the other signs and with the architecture of the buldlgs. A common signage plan shall be required prior to issuing a sign permit. A common signage plan can also be prepared for businesses on two or more adjoining lots. (b). A 25 percent increase in the total sign area allowance as set forth in Section 2 .2 .o t) d shall apply to freestanding signs that are subject to a common signage plan. (c). Advertising for multiple businesses sharing a com o zoning lot shall be incorporated into a single freestanding sign consistent with the provisions of 2 .2 .o o l. c and Sign Regulations - Page o 27.24.080(l). Freestanding signs shall not be permitted to any single business or tenant. (4). 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. (C). Signs extending over a public right -of -moray shall not extend to witbin 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 ee signs, which are perpendicular to the face of the building, shall be deemed. to be projecting wall signs. (d). Under -marquee signs, which are parallel to the .face of the building, shall be a minimum of eight (8) feet above grade and shall be deemed to be flush gall signs, (6). Canopy Signs, (a). No canopy sign shall project above the top of the canopy upon which it is mounted. (b). No canopy sign shall project from the face of a canopy. (c). Canopies on which canopy signs are mounted shall be at least eight (8) feet above any public right-of-way, except that any valance attached to a canopy may be only seven (7) feet in height above a public right-of-way. (7). Billboards,, (a). No billboard shall exceed 288 square feet per sign face. Sign Regulations M Page 1. (b . No billboard structure shall exceed a maximum imam height of 28 feet. (c). No billboard may be constructed within 300 feet of any other billboard located on the sane side of the road right- of-way and facing the same traffic tw. Distance shall be measured along the nearest edge of pavement of the road rear whose right-of-way the sign is located. (d). No billboard may be constructed nearer the road right-of- way than the applicable building setback requirement for the zone in which the billboard is located, (e). No billboard shall be constructed along a road, which is not a federal or state highway. (f). In order that the total face area and number of faces of all lawful billboards within the City not be increased beyond the number of faces occurring on March 19, 1992 no billboard shall be constructed without first removing in. billboard(s) equal in face area and number of faces. In order to administer this provision, the Administrator shall issue a replacement permit to anyone who permanently removes a lawfully existing billboard. The administrator shall note on the replacement permit the number of faces and face area., and the zoning district in which the sign was located, for every sign face removed. Replacement permits may be transferred. No billboard sign construction permit shall be issued without a replacement permit which corresponds to the number of sign faces to be replaced. The total number of billboard faces in the city limits of Kalispell shall not exceed :, except that property occupied by billboards), which is annexed to the City, after the Marc. 191, 1992, shall be subject to the provisions of Section 2.2.15, and billboard (s) located thereon may remain, but shall not, thereafter, be relocated. Any billboard, except those subject to annexation as specified irn 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 by March 19, 1 ; provided that billboards located within 100 feet of the intersection of Main and Idaho Streets shall be relocated by March 19, 1994. Sign .eoatos -Page 12 (h). Whenever a parcel of land containing any billboard is rezoned, or annexed and zoned, to one of the prohibited zoning classifications, the billboard or billboards shall be removed within five ) years of the rezoning or, in the case of annexation, within five 5) years of the date upon which a city zoning classification is unposed upon the annexed parcel; provided, that any billboards removed pursuant t this subsection may be reinstalled within any of the permitted zones listed in Section 27.24-110, in accordance with subsection f), supra. ' . 4. 9 : Permitted Signs in Zones -1, R-2, R-3, and R-4. (1). Signs listed in Section 27.24.050, Silts not requiring permit. (2). one non -illuminated freestanding or wall sign, not exceeding 10 square feet in area per face for a freestanding sign or 20 square feet for a gall sign, in connection with a permitted or conditionally permitted non-residential use. The sign area for signs described in Section 27.24.0503) are allowed pursuant to the standards contained in that section. (3). The height of a freestanding sign shall be limited to six ) feet above the natural grade elevation. (4). one non-iffuminated wall sign flush mounted to the building not to exceed six square feet in connection with a borne occupation. 2 .24.Permitted Signs In Zones R-5, RA-1, RA-2 RA-3 -1 and - . (1). Signs listed in Section 27.24.050, Signs not requiring a permit. �). The sign area for a freestanding or ground sign shall not exceed 24 square feet per sign face and the height shall not exceed six feet above natural grade, except for - 1 zone where the sign area shall be limited to 36 square feet per sign face and height shall not exceed six 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. (3). one non -illuminated gall si .flush mounted to the building not to exceed six s pare feet in connection �itb a bore cc atlon. 2 .24.101 Permitted Signs in the H- . Districts (1) Signs fisted in Section 27.24*0 - Signs Not Requiring A Permit. Sign Regulations - ,Page 1 (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. (3) An entrance sign shall be permitted at all parking lot entrances to a hospital facility or complex provided the sign does not block the visibility of incoming or outgoing vehicles. The sign shall not exceed 14 square feet per face nor six feet in height. (4) Up to three signs may be permitted in association with a hospital complex ad 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 27.2.0o1d. (5) Not more than two off -premise signs may be permitted at primary hospital entrance roads to provide direction to a hospital facility from a major arterial. one sign shall be permitted per intersection entrance. Each sign shall not exceed 54 square feet per face not 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 non -illuminated wall sign flush mounted to the building not to exceed six square feet in connection with a home occupation.. .2 .1 o: Permitted Signs in Zones -2, -3, - , - , -1 n - . (1). Signs listed in Section 7.24.0 0, Signs -not requiring a permit. (2). Freestanding and ground signs. (3). Wall signs. (4). 'rojectin ; signs-, except on Main Street in the Redevelopment Area unless the sign is a an under -marquee or under -canopy sign; (b) less than four square feet per face; and c) otherwise meets the standards for projecting signs. (5). Freestanding multiple business sign. Sign Regulations - Page 14 (6). Canopy signs. (7). Marquee signs. Off -premise signs except In zoning classification -4 when the location and size complies with all other provisions of this chapter* (9). Billboards except in zoning classifications .-4 and B-5 and not within 1500 feet of the intersection of Main and Idaho Streets. 7,2 ,12 * Construction Standards,, (1). All signs shall be constructed in accordance with any applicable requirements of the City buRding codes and the State electrical code including portable electric signs. (2). No permanent or fixed sign shall be suspended by non -rigid attachments that will allow the sign to swing in the wind other than under --canopy signs. (3). All freestanding signs and billboards shall be self-supporting structures erected upon or permanently attached to concrete foundations. dations. .billboards shall be erected using single -pole construction. (4). All portable signs on display shall be braced or secured to prevent motion. (5). erm nent signs shall be designed to withstand a wind speed of 70 riles per hour. (6). No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. (7). No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation. (8). Signs shall be located in such a way as to maintain horizontal or vertical clearance of all overhead electrical conductors. In no case shall a sign be installed closer than twenty-four 24) inches horizontally or vertically from any conductor or public utility guy wire. 2 '.2 , 3 : Maintenance. All signs shall be maintained in good condition at all times. All signs shall be kept neatly painted, including all metal parts and Sign Regulations -Page -15 supports thereof that are not galvanized or of rust -resistant metals. Failure to properly maintain a sign shall be considered a violation of this ordinance. 27.2 .1 : Sign Permit. It shall be unlawful to display, erect, relocate, or alter any sign without first filing with the zoning administrator an alton i writing and obtaining a sign permit except as otherwise exempted as per Section 2 .2 .050. (1). Application. Application for a permit for the erection, alteration., or relocation of a sign shall be made to the Administrator upon a form provided by the Administrator and shall include the inl=orr ation listed below. (a). Name and address of the owner of the sign. (b). Street address or location of the property on which the sign is to be located, along with the name and address of the property owner. (c). The type of sign or sign structure as defined in this chapter. (d). A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises, (e). Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign. (f). Length of the lot frontage and building frontage, (g). Location of ingress/egress and overhead 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 27.23. Issuance and Denial. The Administrator shall issue a permit and .hermit sticker for the erection, alteration, or relocation of a sign within ten 1 working days of receipt of a valid application, Sign Regulations -Page 16 provided that the sign complies with the laws of all applicable jurisdictions. In all applications, where a ratter of interpretation arises, the more specific definition or higher standard -d shall prevail. When the administrator denies a permit, written notice shall be given within ten days to the applicant along with a brief statement of the reasons for denial. The Administrator may suspend or revoke are issued permit for any false statement or substantive misrepresentation of fact in the application. (4). Inspection.. The Administrator shall cause an inspection. of the zone lot for which each permit for a ew sign or for modification of an existing sign 1s issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request, If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this ordinance and with the building and electrical codes, the Administrator shall issue the appropriate permit(s) to be held by the owner of the sign and be held as a permanent record of compliance with this code. If the construction is substantially complete but not in full compliance with this ordinance and applicable codes, the Administrator shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. f the construction is then complete, the Administrator shall issue the permits as described above. , .2 . 5 : Nonconforming Signs. Existing signs that do not conform to the Provisions of these regulations but were legally in place prior to the adoption or application of this ordinance, are considered non -conforming. All non -conforming signs shall be removed or brought into compliance with these regulations as follows: (a). Electronic message boards or signs that blink, flash or change copy in less than five second increments or do not display time and temperature shall be brought into compliance ce with regard to displayed messages within one year. (b). Signs, on and off -premise, that have been damaged by fire, wind', or other involuntary causes, except in the ease of vandalism, in excess of 50of current or replacement cost shall be brought into compliance immediately upon Sign Regulations -Page 1 replacement. t. the ease of vandalism, lisrr , sign may be restored to original condition if done within six (6) months. s. (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 ately upon replacement. (d). Signs requiring structural modifications to accommodate a change of copy shall be brought into compliance upon replacement. Discontinued signs shall be brought into compliance immediately unless part of a multi -panel sigma.. (f). Signs which were unlawfully erected shall be brought into compliance immediately. (g). Signs that are replaced, relocated, reconstructed or requiring structural modification shall be brought into compliance immediately. (h). Signs containing removable or replaceable panels shall be brought into compliance when more than 50 percent of the sign area or sign panels are replaced or modified. (1). In the eve.t additional right-o way is purchased by a govemment agency, any affected sign that must relocate due to the increased right-of-way shall be brought into compliance when replaced. � . Exemption for Historic Signs. Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are deemed to have historical significance may be retained, preserved or restored. If there is a question regrdig the historical significance of a sign, it will be subject to review and approval by the Architectural Review Committee who shad. consider the following criteria: (a). The sign demonstrates characteristics of style, function, method of construction, workmanship, design, or ,materials that gives the sign its historic identity and associate it with specific place, time, or cultural pattern. Sign Regulations - Page 1 (b). The sign is an integral part of the original architecture and has an association with the building. (c). The sign is at least thirty 3) years old. If less than thirty years, then a finding of exceptional importance of historical s1g lica c shall be n a.de. 2 7.24.1 : Violations. Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this ordinance, by the zoning ordinance, and by state law: 1 To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located; (2). o install, creatte, erect, or maintain any sign requiring a permit without such a permit; (3). To fail to remove any sigma that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; 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. 2 #2 .1 : Enforcement and Remedies. Any violation or attempted violation of this Chapter or of any condition or requirement adopted pursuant hereto may be restrair cd, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this Chapter shalt be considered a violation of the zoning ordinance of the city. The remedies of the city shall include the following: (1). Issuing stop -work work order for any and all work on any signs on the same zone lot; (2). Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; (3). Imposing any penalties that can be imposed directly by the city under the zoning ordinance; Sign Regulations - Page 1.9 - . 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 such measures as are available to the city under the applicable provisions of the zoning ordinance and building code for such circumstances. The city shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning ordinance. All such remedies provided herein shall be correlative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation, 27.2 .18 : Removal of Silts By the Administrator. The administrator may cause the removal of an illegal sign in cases of emergency (health and safety), or for failure to comply with the written orders of removal or repair, .After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Administrator together with an additional ten 1 percent for inspection and incidental costs. If the amount specified ire the notice is not paid within sixty days of the noticeitt shall become a lien against the property of the sign owner, and will be certified as an assessment against the property together with a to 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 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.. 2 .2 .1 0 Appeals. Appeals to the Board of .Adjustment may be made when a completed application is not acted upon within tern (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 Sign Regulations -Page 20 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, 27.2 .2 : variances. A variance to the regulations of this chapter may be sought for those situations where the application of these regulations would create a unique hardship due to the special circumstances of a particular property. The variance procedure as set forth in Chapter 27.33 shall not he used to circumvent vent these regulations or be used to gain special treatment. "Unique Hardship" shall not he 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. OTHER. AMENDMENTS I Reference to signs in each zoning; district: Reference will be made to the sign ordinance in the sections governing each zoning district in the same manner as setbacks, fences, etc. e.g. Section 2 .1 .0 0 8 Signs: Refer to Chapter 27.24. 2. Permit Fee Structure: A new fee structure based on the number of square feet rather than the value of a sign would be more straightforward and equitable. The council under a separate ordinance would accomplish this change, but a statement of support by the board would be in order, 3. Amend the definition of"Sign" to ea. "'Any device, structure, fixture,_attractant, object, holographic, projected or electronic image, fighting or ; or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or service." Section 27,37.101(216)-t . Delete the following: , s r • r r Algaaair r 5. Amend as follows: Electronic Message Board __,kxFj s_XA&I.&� A Ar"LNIXA&%ALX%W 1,�t Any sign that uses cha in lights to form a sign message or messages wherein the sequence of messages and rate of change is electronically programmed and can be modified by electronic processes. . Add a definition for Discontinued Sign as follows: "A. sign which no longer identifies or advertises a bona fide business, service, product or activity on the property where it is located."" Sign Regulations - Page 21 7. Add a section to allow a sign for Home Occupations under 27.22.160. A all sign flush mounted to the building not to exceed six square feet may be allowed 1 association with a home occupation..