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1. Ordinance 1639 - Zoning Text Amendment - Sign Regulations - 2nd ReadingPlanning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: P.J. Sorensen, Planner II James H. Patrick, City Manager SUBJECT: Kalispell Zoning ordinance Text Amendment - Revisions to Provisions Relating to Non -conforming Signs and Reader Boards - Second Reading MEETING DATE: June 16, 2008 BACKGROUND: This is the second reading on a request to amend the City Zoning ordinance to revise provisions of the sign regulations relating to non -conforming signs and reader boards. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of June 2, 2008. RECOMMENDATION: A motion to approve the second reading of the ordinance would be in order. FISCAL EFFECTS: The primary fiscal impact would be felt by businesses with non- conforming signage. 'Those businesses will be able to utilize certain non -conforming, building - mounted signs for a more extensive period. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, P.J. Sorensen James H. Patric Planner II City Manager Report compiled: June 3, 2008 Cc: Theresa White, Kalispell City Clerk ORDINANCE NO. 1639 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, Signs Regulations, 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 Conmussion recommended that the text of the Kalispell Zoning Ordinance be amended by altering the extent to which non -conforming signs would maintain that status when the signage is discontinued or the face of the sign is modified, 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.-08-1 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, is hereby amended as follows on Exhibit "A". SECTION II. All parts and portions of Ordinance No. 1460 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 ADD SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF JUNE, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa white City Clerk EXHIBIT ""A"s 27.24.060: General Standards for all Signs. I . • (2) An electronic message board provided it displays time and temperature a minimum of every 30 seconds.JL.. . The electronic message shall not change in increments of less than five seconds and shall not use flashing or blinking characters. The use of red and Teen lights in the dis la and streaming video ' of cxifteefi; are prohibited. (5) A sign may include electronic and manual.1 changeable reader boards. No more than 25% of any sign area may incorporate an electronic reader board and no more than 50 % of any si n area m mcor orate a manually changeable reader board. In no event shall the percentage of sin area occupied b reader board. exceed 50 %. The reader board portion shall be architecturally incorporated into the overall design of the sign. No such sign shall be 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. 27,24,150: Nonconforming Signs and Signs Without Permits. 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: • i (5). Discontinued freestanding signs shall be brought into compliance 'IIII IIIIIIII111111 Illllllll.rlrl immediately unless part of a multi -panel sign subject to Section 27.24.150�1�). IIII ( I I I I I I I I 11111111111.111111111 .. (8). Freestanding sgigns containing removable or replaceable panels shall be ------1.11111111.111IIII III IIIIIIIIIIIIIIIIIIIIII Illl Illrr� brought into compliance when a cumulative total of more than 50% of the sign area or sign panels are replaced or modified.