6. Ordinance 1665 - Sign Regulations Zoning Text Amendment - 1st ReadingREPORT TO: Kalispell Mayor and City Council
FROM: PJ Sorensen, Planner 11
Myrt Webb, Interim City Manager
SUBJECT Temporary Off -Premise Signs/Zoning Text Amendment
MEETING DATE: June 1, 2009
BACKGROUND: The Kalispell City Planning Board met on May 12, 2009, and held a public
hearing to consider a request from the City of Kalispell for a zoning text amendment to allow off -
premise temporary signs under certain conditions.
Kalispell Planning Department staff presented staff report #KZTA-09-01 providing details of the
proposal and the evaluation. The proposal used the text developed through two work sessions with
the council. Staff recommended the board adopt the findings of fact as proposed and recommend
to the council that the amendments be adopted.
Prior to the public hearing, written comment was submitted by Mayre Flowers with Citizens for a
Better Flathead. Those comments are attached to the draft minutes from the meeting. During the
public hearing, Eloise Hill spoke against the proposal. No one else spoke either for or against the
proposal and the public hearing was closed.
A motion was made and seconded to recommend approval of the zoning text amendment. There
were three motions to amend the proposal. First, there was an amendment to limit the signs to
only residential real estate, which passed on a 6-0 vote. Second, there was an amendment to
reduce the maximum size from 16 square feet to 10 square feet, which passed on a 6-0 vote. Third,
there was an amendment to limit the number of signs on a host property to one rather than the two
which were proposed, which passed on a 6-0 vote. The main motion was then approved on a 4-2
vote.
RECOMMENDATION: A motion to approve the zoning text amendment as amended by the
Planning Board would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
PJ Sorensen
Planner II
Report compiled: May 22, 2009
c: Theresa White, Kalispell City Clerk
r
M Webb
Interim City Manager
Section 27.24.050(l)
(h) Off -Premise Temporary Signs. Off -premise temporary signs
advertising residential real estate are allowed in "R" zones provided that a
temporary sign permit is first obtained from the Planning Department.
The permit shall be valid for a period of six months (January through
June and July through December). The fee shall be set by the Council,
and any permit applied for after the first month in the term will be
prorated on a monthly basis.
(a) A lot is limited to no more than one off -premise permit for a
total of no more than one sign during any permit period
established under this section.
(b) A sign is limited to a maximum of three feet in height and 10
square feet per face.
(c) The general standards for temporary signs contained in Section
27.24.050(2) apply, with the exception of 27.24.050(2)(d),
which prohibits off -premise advertising.
(d) Off -premise signs may be displayed from 8:00 a.m. to 8:00
p.m.
(e) As part of the permit application, an applicant shall submit a
letter from the property owner providing permission to display
the sign and the time frame, if any, for which the permission is
granted.
(f7 This provision. (Section 27.24.050(c)(2)) and corresponding
changes under Sections 27.24.050(2)(d) and 27.24.060(8) shall
be in effect only through December 31, 2010, unless renewed
by the Council.
Section 27.24.050(2)(d) would be amended to read "A temporary sign
shall not advertise or promote any off -premise commercial enterprise or
event, except as permitted with an off -premise temporary sign permit."
Section 27.24.060(8) would be amended to read "No off -premise sign
shall be located in any residential zoning district except as may be
associated with incidental neighborhood sales [as per Section
27.24.050 (1) (ef) or with an off remise tem or sig.,permit [as..per
Section 27.24.050 l h . See also Section 27.24.030."
ORDINANCE NO. 1665
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1460), BY AMENDING SECTION 27.24, SIGN REGULATIONS, AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning
Ordinance, by amending Section 27.24.050, Signs Not Requiring Permits, and
Section 27.24.060, General Standards for All Signs, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department 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 allowing off -premise
temporary signs in all Residential zones provided that a temporary sign permit is first
obtained from the planning department, and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made in
Report #KZTA-09-1 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 I. The City of Kalispell Zoning Ordinance, Ordinance No. 1460,
Sections 27.24.050 and 27.24.060, are hereby amended as follows on
Exhibit "A".
SECTION II. All parts and portions of Ordinance No. 1.460 not amended hereby
remain unchanged.
SECTION III. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 15TH DAY OF JUNE, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Section 27.24.050(1)
(h) Off -Premise Terrpvrary Suns. Off -premise temporary signs advertising residential real estate
are allowed in "R" zones provided that a temporary sign permit is first obtained from the Planning
Department. The permit shall be valid for a period of six months (January through June and July
through December). The fee shall be set by the Council, and any permit applied for after the first
month in the term will be prorated on a monthly basis.
(a) A lot is limited to no more than one off -premise permit for a total of no more
than one sign during any permit period established under this section.
(b) A sign is limited to a maximum of three feet in height and 10 square feet per face.
(c) The general standards for temporary signs contained in Section 27.24.050(2)
apply, with the exception of 27.24.050(2)(d), which prohibits off -premise
advertising.
(d) Off -premise signs may be displayed from 8:00 a.m. to 8:00 p.m.
(e) As part of the permit application, an applicant shall submit a letter from the
property owner providing permission to display the sign and the time frame, if
any, for which the permission is granted.
(f) This provision (Section 27.24.050(c)(2)) and corresponding changes under
Sections 27.24.050(2)(d) and 27.24.060(8) shall be in effect only through
December 31, 2010, unless renewed by the Council.
Section 27.24.050(2)(d) would be amended to read "A temporary sign shall not advertise or promote
any off -premise commercial enterprise or event, except as permitted with an off;-premise„temporary
sign permit."
Section 27.24.060(8) would be amended to read "No off -premise sign shall be located in any
residential zoning district except as may be associated with incidental neighborhood sales [as per
( )( f) - _n permit [as per Section
Section 27.24.050 1 e or with an off -premise temporary sib
27.24.050(1)(h). See also Section 27.24.030."
PLANNING FOR THE FUTURE
May 22, 2009
MONTANA
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Zoning Text Amendment - Off -Premise Temporary Signs
Dear Myrt:
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaNspgll.com/planning
The Kalispell City Planning Board met on May 12, 2009, and held a public hearing to consider a request
from the City of Kalispell for a zoning text amendment to allow off -premise temporary signs under
certain conditions.
Kalispell Planning Department staff presented staff report #KZTA-09-01 providing details of the proposal
and the evaluation. The proposal used the text developed through two work sessions with the council.
Staff recommended the board adopt the findings of fact as proposed and recommend to the council that
the amendments be adopted.
Prior to the public hearing, written comment was submitted by Mayre Flowers with Citizens for a Better
Flathead. Those comments are attached to the draft minutes from the meeting. During the public
hearing, Eloise Hill spoke against the proposal. No one else spoke either for or against the proposal and
the public hearing was closed.
A motion was made and seconded to recommend approval of the zoning text amendment. There were
three motions to amend the proposal. First, there was an amendment to limit the signs to only
residential real estate, which passed on a 6-0 vote. Second, there was an amendment to reduce the
maximum size from 16 square feet to 10 square feet, which passed on a 6-0 vote. Third, there was an
amendment to limit the number of signs on a host property to one rather than the two which were
proposed, which passed on a 6-0 vote. The main motion was then approved on a 4-2 vote.
Please schedule this matter for the June 1, 2009 regular city council meeting.
You may contact this board or P.J. Sorensen at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt 7 �S
President
Attachments: Staff report #KZTA-09-01 and application materials
Minutes of the 5/ 12/09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
CITY OF KALISPELL -- SIGN REGULATIONS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA-09-1
MAY 12, 2009
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request for a tent amendment to the Kalispell Zoning Ordinance to revise
provisions relating to off -premise temporary signage. A public hearing has been
scheduled before the Planning Board for May 12, 2009, beginning at 7:00 PM in the
Kalispell City Council Chambers. The Planning Board will forward a
recommendation, to the Kalispell City Council for final action
BACKGROUND INFORMATION
The City of Kalispell is proposing to amend the sign regulations contained in the
Kalispell zoning ordinance by providing for a permit and standards for off -premise
temporary signage. This proposal is based on direction from the City Council
following two work sessions focused on temporary signs.
A. Petitioner: Myrtt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7703
B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning
jurisdiction could be affected by these proposed standards.
C. Proposed Amendments: The specific amendment is as follows:
Section 27.24.050(1)
(h) Off -Premise Temporary Signs. Off -premise temporary signs are allowed in
"R" zones provided that a temporary sign permit is first obtained from the
Planning Department. The permit shall be valid for a period of six months
(January through June and July through December). The fee shall be set by
the Council, and any permit applied for after the first month in the term will be
prorated on a monthly basis.
(a) A lot is limited to no more than two off premise permits for a total of
no more than two signs during any permit period established under
this Section.
(b) A sign is limited to a maximum of three feet in height and 16 square
feet per face.
(c) The general standards for temporary signs contained in Section
27.24.050(2) apply, with the exception of 27.24.050(2)(d), which
prohibits off -premise advertising.
Page 1 of 4
(d) Off -premise signs may be displayed from 8:00 a.m. to 8:00 p.m.
(e) As part of the permit application, an applicant shall submit a letter
from the property owner providing permission to display the sign and
the time frame, if any, for which the permission is granted.
(f) This provision (Section 27.24.050(c)(2)) and corresponding changes
under Sections 27.24.050(2)(d) and 27.24.060(8) shall be in effect
only through December 31, 2010, unless renewed by the Council.
Section 27.24.050(2)(d) would be amended to read "A temporary sign shall
not advertise or promote any off premise commercial enterprise or event,
except as permitted with an off -premise tem-por= sign permit."
Section 27.24.060(8) would be amended to read "No off -premise sign shall be
located in any residential zoning district except as may be associated with
incidental neighborhood sales [as per Section 27.24.050(1)(ef) or with an off -
premise temporary sign permit [as per Section 27.24.050(1)(h). See also
Section 27.24.030.
C. Staff Discussion: The current version of the zoning ordinance specifically
provides that off -premise signage is not allowed. The provision is in place to
discourage snipe signs and other random postings which tend to proliferate across
town, and which are typically abandoned, leading to a very cluttered streetscape.
The general prohibition on off premise temporary signage encompasses at least one
type of sign which does not necessarily lead to the same concerns: real estate signs.
Under the current ordinance, "open house" signs and other real estate signs placed at
the entrance to a subdivision are considered to be off -premise and thus are not
permitted.
Due to comments from a concerned individual, the City Council reviewed the
situation at two recent work sessions. At those sessions, the Council discussed
certain criteria for off premise temporary signs:
• A permit should be issued for a fixed period of time. It was suggested that
$250.00 per year could be an appropriate fee.
• The sign should not be placed in the right-of-way.
• The applicant must have permission from the underlying property owner.
• The sign should be placed and removed daily (8:00 a.m.to 8:00 p.m.).
• The program should have a specific sunset clause.
• Two signs per lot is an appropriate number.
Page 2 of 4
Included in the draft ordinance were height and size limitations reflecting general
standards, particularly in regard to a 3 foot maximum height for traffic visibility.
There were also questions from the Council as to whether the ordinance would allow
general commercial signs in addition to real estate signs. After the meeting, staff
added a provision limiting the signs to "R' residential zones.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of Fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comply with the growth polices
Reasonable regulations of signage are consistent with the growth policy's goals,
intent, and objectives. The growth policy recognizes that keeping signs simple
and straight -forward reduces clutter and allows for easy comprehension
without undue distraction.
2. Is the requested zone designed to lessen congestion in the streets?
Consistent signage within the streetscape helps create a better driving
environment and better traffic flows.
3. Will the requested zone secure safety from fire, panic, and other dangers?
As noted above, consistent signage creates a better driving environment.
Limiting height and square footage will reduce conflicts of cars backing out of
driveways, darting children and distraction.
4. Will the requested change promote the health andeneral welfare?
The general health and welfare of the public will be promoted by mitigating
traffic impacts in the street.
5. Will the requested zone provide for adequate light and air?
The signage provisions contain provisions which help provide adequate light
and air by reducing signs to 3 feet in height and limiting the square footage.
6. Will the reguested zone prevent the overcrowding of land or undue
concentration of people?
The sign regulations have little direct impact on the intensity of the use of land,
although they do help ensure that signage is consistent with the intensity
allowed in that particular zone.
7. Will the requested zone facilitate the adequate provision of transRortation,
water, sewerage, schools, parks, and other public requirements?
Page 3 of 4
The amendments are most closely tied to transportation, and are designed to
help guide traffic with clear, consistent signage, and by avoiding a cluttered
stre etscape /right- of -way.
S_ Does the requested zone dive consideration to the particular suitability of the
property for particular uses?
The sign regulations seek to provide for a limited, but consistent, amount
signage in residential and other lower intensity areas.
9. Does the requested zone give reasonable consideration to the character of the
district?
The proposed amendment gives reasonable consideration to the character of
the districts in which the changes are being proposed and does not
significantly alter the intent or character of those zoning districts.
10. Will the proposed zone conserve the value of buildings?
The building values will be conserved by promoting and encouraging
reasonable standards within zoning districts by providing consistent signage
among similarly zoned properties and limiting over-signage, clutter and a more
commercial feeling in a residential setting.
11. Will the requested zone encourage_ the most appropriate use of the land
throughout the jurisdiction?
By providing for consistent signage throughout similar zones, the most
appropriate use for a property is encouraged.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff
report KZTA-09-1 and recommend to the Kalispell City Council that the proposed
amendments to the sign regulations be adopted as provided herein.
PJS
Page 4 of 4
PO Box 771 •35 4`' Street West
406.756.8991
KalispelL Montana 59903
www.flatheadcitizens.org
May 12, 2009
Kalispell Planning Board
City Hall, P.O Box 1997
Kalispell, Montana 59901
T: 406.756.8993 • F:
citizens@flatheadcitizens.org
We appreciate the opportunity to comment on the proposed changes to the City Of
Kalispell— Sign Regulations, Kalispell Planning Department, Staff Report #Kzta-09-1.
While we recognize that the intend of this sign regulation is to meet a specific need ---that
of promotion of single home sales, we are concerned that this opens a Pandora's box of
potential sign clutter that is specifically discouraged within the Kalispell Growth Policy.
We would suggest that you amend the proposed policy to limit the proliferation of small
signs in the city's residential areas to address the following concerns:
• Limit sign purpose to off -site home sales.
• Limit the sign display time to noon Friday to noon Monday.
• Establish that in addition to non placement of signs in right of ways that they must
be more than eight feet from the curb and 20 feet from an intersection
• Reduce the size to no more than six feet square.
• State that all attachments to signs including balloons, lights, moving parts etc. are
not allowed.
• Limit of one sign per intersection for the same home sale.
• Provide for enforcement and fees for violations
Sincerely,
Mayre Flowers
Citizens for a Better Flathead
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
May 12, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, May 12, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public
hearing and take public comments on the following agenda items. The Board will make
recommendations to the Kalispell City Council who will take final action.
I. A request from Accessible Space, Inc. to secure a conditional use permit to construct a
23 unit assisted living apartment building on approximately 1.9 acres of land zoned RA -
I (Low Density Residential Apartment). The property is located at the eastern end of
Indian Trail Road between Indian Trail Road and Grandview Drive. The property is
currently undeveloped. Vehicle access will be from Grandview Drive with parking and
fire truck turn around provided on site. The property can be legally described as Parcel
A of Corrected Certificate of Survey No. 13066 located within NW x/4 of Section 6,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
2. A request by the City of Kalispell to amend Section 27.24.050 of the Kalispell Sign Code
to allow the placement of up to 2 temporary off -premise signs per lot in any R
(Residential) zone. The amendment would limit the size of the signs, require that the
signs be placed on private property, require the underlying property owner's approval,
limit the display of the signs to 8:00 a.m. to 8:00 p.m., and establish application
procedures.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition information on each agenda item is posted on
our website at www.kalisp ll.com/planning under "Planning Board Projects".
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board. Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the hearing, or you may call us at (406)
758-7940, or e-mail us at planning akalispell.com for additional information.
/s/Thomas R. Jentz
Thomas R. Jentz
Planning & Building Director
No.14353
NOTICE OF PUBLIC HEAR-
ING
K LISPELL CITY PLANNING
BOARD AND ZONING COM-
MISSION
May 12, 2009
The regular meeting of the Ka-
lispell City Planning Board and
Zoning Commission is sched-
uled for Tuesday, May 12, 2009
beginning at 7:00 p.m. in the Ka- STATE OF MONTANA
lisped City Council Chambers,
Kalispell City Hall, 201 First Ave-
nue East, Kalispell. The planning FLATHEAD COUNTY
board will hold a public hearing
and take public comments on
the following agenda item. The
Board will make recommenda- AFFIDAVIT OF PUBLICATION
tions to the Kalispell City Council
who will take final action.
1. A request from Accessible
RICHELLE ROONEY BEING DULY
Space, Inc. to secure a c
condi-
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
tional use permit to construct a a
23 unit assisted living apartment
LEGAL CLERK OF THE DAILY INTER LAKE A
building
cres€ of laud on approximately
RA-1 (1.9
Low
DAILY NEWSPAPER OF GENERAL CIRCULATION,
The property is to atedApara the
p p y is located at the
PRINTED AND PUBLISHED IN THE CITY OF
eastern end of Indian Trail Road
KALISPELL, IN THE COUNTY OF FLATHEAD,
between Indian Trail Road and
Grandview Drive. The property
STATE OF MONTANA, AND THAT NO. 14353
is currently undeveloped. Vehi-
cle access will be from Grand-
view Drive with parking and fire
truck turn around provided on
site. The property can be legally
described as Parcel A of Cor-
rected certificate of Survey No.
LEGAL ADVERTISMENT WAS PRINTED AND
1$066 located within NW 1/4 of
Section 6, Township 28 North,
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
Range West, P.M.M., Flat
head County, Montana.
OF SAID PAPER, AND IN EACH AND EVERY COPY
2. A request by the city of Ka-
THEREOF ON THE DATES Of April 26, 2009.
lispell to amend Section
-o50 of the Kalispell Sign
-Calcorlea- t o
to nIlnw the plgce[nanf
AND THE RATE CHARGED FOR THE ABOVE
signs per lot into 2 anyRf(Reslden
PRINTING DOES NOT EXCEED THE MINIMUM
ozone. The amendment
would Limit the size of the signs,
GOING RATE CHARGED TO ANY OTHER
require that the signs be placed
ADVERTISER FOR THE SAME PUBLICATION,
on private property, require the
underlying property owner's ap-
SET IN THE SAME SIZE TYPE AND PUBLISHED
proval, limit the display of signs
to 8:00 a.m. to 8:00 p.m- and
FOR THE SAME NUMBER OF INSERTIONS.
establish application procedures.
Documents pertaining to the
agenda item are on file for public
inspection at the Kalispell Plan-
ning Department, 201 First Ave-
nue East, Kalispell, MT 59901,
ti
t
i
and are available for public re-
view during regular office hours.
In addition information on each
agenda item is posted on our
website at
Subscribed and Sword t0
www,kalispell.com/planning un-
der "Planning Board Projects."
Before me this April 27, 2009 :.:
Interested persons are encour-
aged to attend the hearing and
make their views and concerns
known to the Board. Written
comments may be submitted to
the Kalispell Planning
Dorothy Glenc
Depart-
s
ment at the above a+:tdress, prior
to the date of the h tftg, or you
may call us at (406) 758-7940.
Notary Public for the State of Montana
or e-mail us at planning@kalis-
Pell -corn for additional informa-
Residing in Kalispell
tion.
My commission expires 9/11/2009
/s/ Thomas R. Jentz
Thomas R. Jentz
Planning & Building Director
April 26, _-009
CITY OF KALISPELL - SIGN REGULATIONS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA-09-1
MAY 12, 2009
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request for a text amendment to the Kalispell Zoning Ordinance to revise
provisions relating to off -premise temporary signage. A public hearing has been
scheduled before the Planning Board for May 12, 2009, beginning at 7:00 PM in the
Kalispell City Council Chambers. The Planning Board will forward a
recommendation to the Kalispell City Council for final action
BACKGROUND INFORMATION
The City of Kalispell is proposing to amend the sign regulations contained in the
Kalispell zoning ordinance by providing for a permit and standards for off -premise
temporary signage. This proposal is based on direction from the City Council
following two work sessions focused on temporary signs.
A. Petitioner: Myrtt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7703
B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning
jurisdiction could be affected by these proposed standards.
C. Proposed Amendments: The specific amendment is as follows:
Section 27.24.050(1)
(h) Off -Premise Temporary_ Signs. Off -premise temporary signs are allowed in
"R" zones provided that a temporary sign permit is first obtained from the
Planning Department. The permit shall be valid for a period of six months
(January through June and July through December). The fee shall be set by
the Council, and any permit applied for after the first month in the term will be
prorated on a monthly basis.
(a) A lot is limited to no more than two off -premise permits for a total of
no more than two signs during any permit period established under
this section.
(b) A sign is limited to a maximum of three feet in height and 16 square
feet per face.
(c) The general standards for temporary signs contained in Section
27.24.050(2) apply, with the exception of 27.24.050(2)(d), which
prohibits off -premise advertising.
Page 1 of 4
(d) Off -premise signs may be displayed from 8:00 a.m. to 8:00 p.m.
(e) As part of the permit application., an applicant shall submit a letter
from the property owner providing permission to display the sign and
the time frame, if any, for which the permission is granted.
(f) This provision (Section 27.24.050(c)(2)) and corresponding changes
under Sections 27.24.050(2)(d) and 27.24.060(8) shall be in effect
only through December 31, 2010, unless renewed by the Council.
Section 27.24.050(2)(d) would be amended to read "A temporary sign shall
not advertise or promote any off -premise commercial enterprise or event,
except as permitted with an off -premise temporary sign -hermit."
Section 27.24.060(8) would be amended to read "No off -premise sign shall be
located in any residential zoning district except as may be associated with
incidental neighborhood sales [as per Section 27.24.050(1)(efl or with an off -
remise tem or sign ermit as er Section 27.24.050 1 h . See also
Section 27.24.030.
C. Staff Discussion: The current version of the zoning ordinance specifically
provides that off -premise signage is not allowed. The provision is in place to
discourage snipe signs and other random postings which tend to proliferate across
town, and which are typically abandoned, leading to a very cluttered streetscape.
The general prohibition on off -premise temporary signage encompasses at least one
type of sign which does not necessarily lead to the same concerns: real estate signs.
Under the current ordinance, "open house" signs and other real estate signs placed at
the entrance to a subdivision are considered to be off -premise and thus are not
permitted.
Due to comments from a concerned individual, the City Council reviewed the
situation at two recent work sessions. At those sessions, the Council discussed
certain criteria for off -premise temporary signs:
• A permit should be issued for a fixed period of time. It was suggested that
$250.00 per year could be an appropriate fee.
• The sign should not be placed in the right-of-way.
• The applicant must have permission from the underlying property owner.
• The sign should be placed and removed daily (8:00 a.m.to 8:00 p.m.).
• The program should have a specific sunset clause.
• Two signs per lot is an appropriate number.
Page 2 of 4
Included in the draft ordinance were height and size limitations reflecting general
standards, particularly in regard to a 3 foot maximum height for traffic visibility.
There were also questions from the Council as to whether the ordinance would allow
general commercial signs in addition to real estate signs. After the meeting, staff
added a provision limiting the signs to "R' residential zones.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.G.A.
Findings of Fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the growth policy?
Reasonable regulations of signage are consistent with the growth policy's goals,
intent, and objectives. The growth policy recognizes that keeping signs simple
and straight -forward reduces clutter and allows for easy comprehension
without undue distraction..
2. Is the requested zone desigLied to lessen congestion in the streets?
Consistent signage within the streetscape helps create a better driving
environment and better traffic flows.
3. Will the requested zone secure safety from fire, panic, and other dangers?
As noted above, consistent signage creates a better driving environment.
Limiting height and square footage will reduce conflicts of cars backing out of
driveways, darting children and distraction.
4. Will the requested change promote the health and general welfare?
The general health and welfare of the public will be promoted by mitigating
traffic impacts in the street.
S. Will the requested zone rovide for adequate li ht and air?
The signage provisions contain provisions which help provide adequate light
and air by reducing signs to 3 feet in height and limiting the square footage.
6. Will the requested zone pLevent the overcrowding of land or undue
concentration of people?
The sign regulations have little direct impact on the intensity of the use of land,
although they do help ensure that signage is consistent with the intensity
allowed in that particular zone.
7. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
Page 3 of 4
The amendments are most closely tied to transportation, and are designed to
help guide traffic with clear, consistent signage, and by avoiding a cluttered
stre etscap e / right-of-way.
8. Does the requested _zone_g' e consideration to the particular suitability of the
property for particular uses?
The sign regulations seek to provide for a limited, but consistent, amount
signage in residential and other lower intensity areas.
9. Does the requested zone rive reasonable consideration to the character of the
district?
The proposed amendment gives reasonable consideration to the character of
the districts in which the changes are being proposed and does not
significantly alter the intent or character of those zoning districts.
10. Will the proposed zone conserve the value of buildings?
The building values will be conserved by promoting and encouraging
reasonable standards within zoning districts by providing consistent signage
among similarly zoned properties and limiting over-signage, clutter and a more
commercial feeling in a residential setting.
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction.?
By providing for consistent signage throughout similar zones, the most
appropriate use for a property is encouraged.
Staff recommends that the Kalispell City Planning Board adopt the findings in staff
report KZTA-09-1 and recommend to the Kalispell City Council that the proposed
amendments to the sign regulations be adopted as provided herein.
Pis
Page 4 of 4
PO Box 771 s 35 4 b Street West
406.756.8991
Kalispell, Montana 59903
www.flatheadcitizens.org
May 12, 2009
Kalispell PIanning Board
City Hall, P.O Box 1997
Kalispell, Montana 59901
T: 406.756.8993 • F:
citizens@flatheadcitizen&org
We appreciate the opportunity to comment on the proposed changes to the City Of
Kalispell — Sign Regulations, Kalispell Planning Department, Staff Report #Kzta-09-1.
While we recognize that the intend of this sign regulation is to meet a specific need ---that
of promotion of single home sales, we are concerned that this opens a Pandora's box of
potential sign clutter that is specifically discouraged within the Kalispell Growth Policy.
We would suggest that you amend the proposed policy to limit the proliferation of small
signs in the city's residential areas to address the following concerns:
• Limit sign purpose to off -site home sales.
• Limit the sign display time to noon Friday to noon Monday.
• Establish that in addition to non placement of signs in right of ways that they must
be more than eight feet from the curb and 20 feet from an intersection
• Reduce the size to no more than six feet square.
• State that all attachments to signs including balloons, lights, moving parts etc. are
not allowed.
• Limit of one sign per intersection for the same home sale.
• Provide for enforcement and fees for violations
Sincerely,
Mayre Flowers
Citizens for a Better Flathead
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
May 12, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, May 12, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public
hearing and take public comments on the following agenda items. The Board will make
recommendations to the Kalispell City Council who will take final action.
1. A request from Accessible Space, Inc. to secure a conditional use permit to construct a
23 unit assisted living apartment building on approximately 1.9 acres of land zoned RA-
1 (Low Density Residential Apartment). The property is located at the eastern end of
Indian Trail Road between Indian Trail Road and Grandview Drive. The property is
currently undeveloped. Vehicle access will be from Grandview Drive with parking and
fire truck turn around provided on site. The property can be legally described as Parcel
A of Corrected Certificate of Survey No. 13066 located within NW 1/4 of Section 6,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
2. A request by the City of Kalispell to amend Section 27.24.050 of the Kalispell Sign Code
to allow the placement of up to 2 temporary off -premise signs per lot in any R
(Residential) zone. The amendment would limit the size of the signs, require that the
signs be placed on private property, require the underlying property owner's approval,
limit the display of the signs to 8:00 a.m. to 8:00 p.m., and establish application
procedures.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition information on each agenda item is posted on
our website at www.kalispell.com/planning under "Planning Board Projects".
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board. Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the hearing, or you may call us at (406)
758-7940, or e-mail us at planning@kalispell.com for additional information.
Is/Thomas R. Jentz
Thomas R. Jentz
Planning 8v Building Director
No.14353
NOTICE OF PUBLIC HEAR-
ING
K'LISPELL CITY PLANNING
BOARD AND ZONING COM-
MISSION
May 12, 20D9
The regular meeting of the Ka-
lispell City Planning Hoard and
Zoning Commission is sched-
uled for Tuesday, May 12, 2009
beginning at 7:00 p.m. in the Ka-
lispell City Council Chambers,
Kalispell City Hall, 201 First Ave-
nue East, Kalispell. The planning
board will hold a public hearing
and take public comments on
the following agenda item. The
Board will make recommenda-
tions to the Kalispell City Council
who will take final action.
1. A request from Accessible
Space, Inc. to secure a condi-
tional use permit to construct a
23 unit assisted living apartment
building on approximately 1.9
acres of land zoned RA-1 (Low
Density Residential Apartment).
The property is located at the
eastern end of Indian Trail Road
between Indian Trail Road and
Grandview Drive. The property
is currently undeveloped. Vehi-
cle access will be from Grand-
view Drive with parking and fire
truck turn around provided on
site. The property can be legally
described as Parcel A of Cor-
rected Certificate of Survey No.
13066 located within NW 114 of
Section 6, Township 28 North,
Flange 21 West, P,M.M., Flat-
head County, Montana.
2. A request by the City of Ka-
lispell to amend Section
27,24.050 of the Kalispell Sign
-Cod- fo -Ilnw the olacemont of
UP to 2 temporary off -premise
signs per lot in any R (Residen-
tial) zone. The amendment
would limit the size of the signs,
require that the signs be placed
on private property, require the
underlying property owner's ap-
proval, limit the display of signs
to 8:00 a.m. to 8:00 p.m., and
establish application procedures.
Documents pertaining to the
agenda item are on file for public
inspection at the Kalispell Plan-
ning Department, 201 First Ave-
nue East, Kalispell, MT 59901,
and are available for public re-
view during regular office hours.
In addition information on each
agenda Item is posted on our
website at
www.ka[ispell.comlplanning un-
der "Planning Board Projects."
Interested persons are encour-
aged to attend the hearing and
make their views and concerns
known to the Board. Written
comments may be submitted to
the Kalispell Planning Depart-
ment at the above address, prior
to the date of the homing, or you
may call us at (406) 758-7940,
or e-mail us at planning@kalis-
peil.com for additional informa-
tion,
/s/ Thomas R. Jentz
Thomas R. Jentz
Planning & Building Director
April 26, -_009
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LADE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 14353
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of April 26, 2009.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
5 i
------- -----
Subscribed and sworn to -
Before me this April 27, 2009
Dorothy Glenc s
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2009