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06. Ordinance 1590 - Zoning Text Amendment - 1st ReadingCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 8 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: P.J. Sorensen, Planner II James H . Patrick, City Manager SUBJECT: Kalispell zoning Ordinance Text Amendment -- address the method of calculating the maximum sign area allowance for "R," "RA," B-1, and P-1 zones MEETING DATE: October 16, 2006 BACKGROUND: The Kalispell City Planning Board met on September 19, 2006, and held a public hearing to consider a request by Ron and Sharon DeMeester (Paper Chase) . Their proposal is related to the method of calculating maximum sign area allowance. Under the proposal, the general business and industrial zones would continue to be the 3:1 ratio that presently exists, with the current 3.5:1 ratio for lots with multiple businesses. However, rather than the specific per lot cap presently in use, the R.-5, "RA," B-1, and P-1 zones would have a 2:1 ratio, and the R-1, R-21 R-3, and R-4 zones would have a 1:1 ratio. P.J. Sorensen of the Kalispell Planning Department, presented staff report #KZTA-06-4 evaluating the proposal and recommended approval of the proposal. At the public hearing the applicant spoke in favor of the proposal and supported the staffs recommendation. The board discussed the proposal and the potential related impacts. A motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell zoning Ordinance be amended as proposed. RECOMMENDATION: A motion to adopt the first reading of the ordinance to amend the Kalispell zoning Ordinance as recommended by the planning board would be in order. FISCAL EFFECTS: Minor positive impacts. Zoning ordinance Text Amendment - Maximum Sign Area Allowance October 2, 2006 Page 2 ALTERNATIVES: As suggested by the City Council. Respectfully submitted, P.J. Sorensen Planner II Report compiled: October 2, 2006 c: Theresa White, Kalispell City Clerk James H . atrick City Manager ORDINANCE NO. 1590 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1460)9 BY AMENDING SECTION 27.24, SIGN REGULATIONS, AND DECLARING AN EFFECTIVE DATE, WHEREAS, Ron and Sharon DeMeester have 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 Commission recommended that the text of the Kalispell Zoning Ordinance be amended by changing the method used to calculate the maximum sign area in the R, RA, B- 1 and P-1 zones, 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-06-4 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF NOVEMBER, 2046. ATTEST: Theresa White City Clerk Pamela B . Kennedy Mayor CHAPTER 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 Specific Categories of Signs 27,24,090 Permitted Signs in Zones R-1, R-2, R-3, and R4 27-24.100 Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, B-1, P-1, and PUD 27.24.101 Permitted Signs in Zone H-1 27.24,110 Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2 27.24,120 Construction Standards 27.24.130 Maintenance 27.24.140 sign. Permit 27,24.150 Non -Conforming Signs and Signs without Permits 27.24,151 Exemption for Historic Signs 27.24.1 G0 violations 27.24.170 Enforcement and Remedies 27.24,180 Removal of Signs by the Administrator 27.24.190 Appeals 27,24,200 Variances 27.24,070 *0 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 be applicable to developed properties, and shall include all conforming and nonconforming signage for which permits have been issued per Section 27.24.150. (1). Building Frontage Length. (a). when building frontage is less than 200 feet, the maximum sign area for the property shall be as follows: 1) A-22B-3 B-4 B-5 I--1 and I-Z zones: three square feet for each lineal foot of building frontage length. Z) R-5RA-1 RA-2, RA- B-1 and P-1 zones: two s uare feet for each lineal foot of building fronts e len h. 3) R-1 R- R- 3 and R-4 zones: onesquare foot for each lineal foot of buildin frontage len h. 4) H-1 zone: see Section 27.24.101 (b). when building frontage exceeds Zoo feet, the maximum sign area shall be equal to the maximum siRm area calculated under subsection a of this section plus one square foot for each additional lineal foot of frontage beyond Zoo feet. (C). In the B-1B-31 W41 B-S I-1 and 1-2 zones shopping centers or lots containing multiple businesses or where common signage is sharedd between two or more adjacent lots, the calculation of allowable sign area shall be as per (a) and (b) above, except the square footage allowance increases to 3-1/2 square feet and 1-1/2 square feet, respectively, provided that a common signage plan is submitted and approved. (d. 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 owner of a building may designate the one building frontage which shall be used for the purpose of calculating the sign allowance. (Z). Lot Length. In lieu of using the length of building frontage as a means of calculating sign area allowance, the calculation may be based on a ratio of one square foot of sign allowance for each lineal foot of lot frontage along a single public road. The lot len h method is not applicable, in the R-1 R .2 R-3 and R-4 zonipa districts. -1-I -I II II IWW�I 1- II II-..`Ir! (3). Multi -faced Signs. All faces of a multi -sided sign shall be counted towards the maximum sign area allowance (for example, both sides of a double -sided freestanding sign are counted). Signs shall not exceed a 30 degree angle. �. Businesses having approved entrances from more than two collector streets and/or an arterial highways may submit a signage plan to the City Council for their approval that exceeds the sign area allowable in this ordinance. A portion of the proposed signage may be off premise provided the business property does not abut a third or fourth collector street or arterial highway and such off premise signage does not direct traffic through a residential zone. 27.24.050: Regulations for Specific Categories of Signs. (1). Freestanding and Ground Signs. (a). The advertising display area per sign face shall not exceed 200 square feet except as otherwise permitted by Section 27.24.080(3). (b). A single sign may be permitted on a lot having at least 30 feet of frontage along a public road except up to two signs may be permitted when the frontage of the lot along a single road exceeds 500 feet. Under this provision, a corner lot with frontage along two public roads is eligible for a sign along each frontage, provided that the signs may not be located within the same building setback area. (c). Signs shall be setback from any side property line a distance equal to the building setback in 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 „f reestandin signs in the B- B-B--4 B-5 I-1 and I-2 zones shall be permitted in accordance to Table 1. The hei h area and front and setbacks of freestandin --signs in other districts are established under Sections 27.24.090 27.24.100 and 27.24.101 of this ordinance. 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 11-20 20 80 21-30 22 90 31-40 24 120 41-50 26 150 51 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 pleasured from the street right-of- way lime to 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 street fight -of -way lines. 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 1). 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. Signs within 50 feet (measured along the street right-of- way) of an intersection, which exceed 42 inches in height, shall be set back at least 15 feet from the street right-of- way line or shall maintain free air space between a height of 42 inches above the adjacent street elevation and a height of 72 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 50% of the width of its face or three feet wide, whichever is smaller. (h). when electrical service is provided to freestanding signs or ground signs, all such electrical service shall be underground. 27.24.090: Permitted Signs in Zones R-1, R-2, R-3, and R4. (1). Signs listed in Section 27.24.050, Signs not requiring permits. (2). One non -illuminated freestanding or wall sign, oe�-e� 10%4* R in connection with a permitted or conditionally permitted non-residential use. The sign area for signs described in Section 27.24.050(3) are allowed pursuant to the standards contained in that section. The height of a freestanding sign shall be limited to six feet above the natural grade elevation and the size shall be limited to ten square feet ,per face. (4). One non -illuminated wall sign flush mounted to the building not to exceed six square feet in connection with a home occupation. 27.24.100: Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, B-1, and P-1 (1). Signs listed in Section 27.24.050, Signs not requiring permits. (2). freestanding or ground sign. The s n shall not exceed 24 square feet per sign face and the height shall not exceed six feet above natural grade, except for B-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. (3). Nall si s canopy si sand mar uee sians, exce t that there shall be no more than 0 one non -illuminated wail sign flush mounted to the building not to exceed six square feet in connection with a home occupation. 27.24.101 Permitted Signs in Zone H-1 (1). Signs listed in Section 27.24.050 -Signs not requiring permits. 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 and 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 27.24.080(1)(d). (5). Not more than two off -premise suns 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 nor 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. (6). One non -illuminated wall sign flush mounted to the building not to exceed six square feet in connection with a home occupation. 27.24.110: Permitted Signs in Zones B--2, B-3, B-4, B-5,1-1, and I-2. I }. Signs listed in Section 27.24.050, Signs not requiring permits. (2). Freestanding and ground signs. (3). Wall signs. (4). Projecting 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. (6). Canopy signs. (7). Marquee signs. (8). Off -premise signs except in zoning classification B-4 when the location and size complies with all other provisions of this Chapter. (9). Billboards except in zoning classifications B-4 and B-5 and not within 1500 feet of the intersection of Main and Idaho streets. City of Kalispell Planning Department 17 - 2 d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com October 2, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re : Kalispell Zoning Ordinance Text Amendment - address the method of calculating the maximum sign area allowance for "R," "RA," B- 1, and P--1 zones Dear Jim: The Kalispell City Planning Board met on September 19, 2006, and held a public hearing to consider a request by Ron and Sharon DeMeester (Paper Chase) . Their proposal is related to the method of calculating maximum. sign area allowance. Under the proposal, the general business and industrial zones would continue to be the 3:1 ratio that presently exists, with the current 3.5:1 ratio for lots with multiple businesses. However, rather than the specific per lot cap presently in use, the R-5, "RAl" B-1, and Pr-1 zones would have a 2:1 ratio, and the R-1, R-2, R--3, and R-4 zones would have a 1:1 ratio. P.J. Sorensen of the Kalispell Planning Department, presented staff report #K,ZTA--06-4 evaluating the proposal and recommended approval of the proposal. At the public hearing the applicant spoke in favor of the proposal and supported the staffs recommendation. The board discussed the proposal and the potential related impacts. A motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended as proposed. Please schedule this matter for the October 16, 2006, regular Kalispell 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 Zoning Ordinance Text Amendment — Maximum Sign Area Allowance October 2, 2006 Page 2 Timothy Norton Vice President TN/PJS/ma Attachments: Staff report #KZTA-06-4 and application materials Draft minutes 9 / 19 / 06 planning board meeting c w/ Att. Theresa white, Kalispell City Clerk c w/o Att: Ron and Sharon DeMeester 7 E. Oregon St Kalispell, MT 59901 CITY OF KALISPELL KALISPELL PLANNING D EPARTEMENIT STAFF REPORT #K.ZTA-06- 4 SEPTEM BER 19, 2006 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendament to the Kalispell Zoning ordinance to address the method of calculating the maximum sign area allowance for "R," "RA," B- 1, and P-1 zones. A public hearing has been scheduled before the planning board for September 19, 2006, 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 chapter of the zoning ordinance relating to signs allows a maximum sign area allowance for each property. The calculation begins with a determination of the zoning designation for the property. General business and industrial zones generally allow a calculation of 3 square feet per lineal foot of building frontage along a single street, or 1 square foot per lineal foot of street frontage along a single street (the ratio varies for buildings over 200 feet long and for lots with multiple businesses) . Other zones, including residential zones and buffer zones such as the B-1, have a fixed amount of sign area regardless of lot or building size. Typically, the maximum is a freestanding sign not to exceed 24 square feet per face and 6 feet in height, and wall signs not to exceed 20 square feet per use with a maximum of 40 square feet per lot. This approach practically mandates a free standing sign for each use in a B-1 Neighborhood zone and for various residential uses (churches, day cares, non -profits) in order for them to get their maximum sign area regardless of building size or location. A. Petitioner: Ron and Sharma DeMeester 7 E. Oregon St Kalispell, MT 59901 (406) 752--4944 B. Area Effected by the Proposed Changes: The proposed changes would affect the "R," "RA," B-1, and P--1 zones. C. Proposed Amendment: The proposal would change the method of calculating the maximum sign area allowance in the listed zones. It would not change the maximum allowable size of freestanding signs. Instead it would give business owners, churches and other non --profits the flexibility to design their signage program based on the size of their building not on a pre-set formula that limits wall signage to a set uniform maximum and then requires a free standing sign to get more exposure. Essentially, the general business and industrial zones would be the 3 :1 ratio that presently exists, with the current 3.5 :1 ratio for lots with multiple businesses. The R.-5, "RA," B- 1, and P-1 zones would have a 2.1 ratio. The R--1, R.-2, R.-3, and R-4 zones would have a 1:1 ratio. The street frontage ratio would not be available as an alternative in the Rr-1 a 21) 3, and 4 zones. The specific text is attached to this report. Page I of 4 Staff Discussion: As discussed above, the zoning ordinance currently uses a ratio based primarily on building size in general commercial areas, but a fixed limit t in most other zones. The fixed limit has pros and cons. On the plus side, it is a very straight- forward standard that can be explained and applied without measuring buildings and property lines. On the negative side, it would tend to limit larger, conforming uses more than we may otherwise want to do. For example, a large church may occupy land equivalent to a city block, but would be limited to the same basic sign area as a small, Soo square foot office building. In this specific instance, the DeMeester's own property located at 7 E. Oregon. The building is in a B-1 (Neighborhood buffer) zone, and houses the Paper Chase and other small retail/ office uses. Under the current standards, the property can have one freestanding sign up to 36 square feet per face (they currently have a smaller freestanding sign) . Signage on the building is limited to no more than 20 square feet per use and 40 square feet in total. The pre-existing signage on the building totals 24 square feet for Jackson Hewitt, 12 square feet for the Christian book store, and 55 square feet for the Paper Chase (91 square feet total). The Paper Chase wishes to replace their existing signs, which have fallen into disrepair. However, the replacement of a sign face eliminates any non. -conforming (i.e. gra.ndfathered) status, so the Paper Chase would not be able to replace the existing signage with equal size signs. The Applicant initially discussed a request for an amendment to the zoning ordinance which would increase the sign area for the B-1 zone only. At staffs recommendation, the proposal took the form of a more. comprehensive approach which prevented the creation of a statutory anomaly. The comprehensive approach allows for a logical, proportional progression which reflects not only the character of a given zoning district, but also the scale of the building/ use on the property. By building off of the current 3:1 general business ratio, the proposal would step down to a 2:1 or a 1:1 ratio in other zones. The result is a more equitable signage allowance for larger uses while recognizing the lesser intensity of uses in those 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 gLowth polio ? The Kalispell Growth Policy implicitly recognizes the reasonable use of signage which conforms with the zoning ordinance as an essential element in the commercial context. The Policy does, h0wever, encourage the elimination. of "existing non -,conforming signs through a more aggressive attrition. program." Page 2 of 4 2 . Is the reguested zone desigLied to lessen congestion in the streets? The proposed amendment has little impact on the streets. However, it will foster a signage standard that more closely reflects the character and size of buildings particularly in the B-1 zone. 3. Will the re uested zone secure safelyfrom fire panic , ­and other dan ers? The amendment would not reduce of have any impact on any safety provisions for fire or other health and safety issues. 4. Will the re uested change promote the health and eneral welfare? The general health and welfare of the public will be maintained if the proposed amendment is approved. Signage will more closely reflect the size and scale of buildings in the R, RA, P--1, and B-1 zones and in particular churches, schools, other non -profits and multi -tenant neighborhood business uses. S. Will the requested zone provide for adectuate light and air? Light and air between and surrounding buildings would not be altered or impacted by the proposed change. These issues would be addressed through the development standards of the various districts that deal with lot size, setbacks, building height and the types of uses allowed within the various zoning districts. 6. Will the requested zoneprevent the overcrowding of land or undue concentration of people? The proposed amendment would not significantly increase the intensity of uses currently allowed within the districts affected. 7. Will the requested zone facilitate the ade uate provision of transportation.. water, sewera e schoolsl parks, and other public re uirements? The amendment would not impact the availability of public services. 8. Does the requested zone wive consideration to the particular suitability of the property for particular uses? The proposed text amendment does not relate to the zoning designation or the allowable uses within the zoning designation. Instead, it relates to the provision of sign area associated with uses currently allowed. 9. Does the requested zone Mve reasonable consideration to the character of the district? The proposed amendment gives reasonable consideration to the character of the districts in which the change is being proposed and does not alter the intent or character of those zoning districts. Page 3 of 4 10. Will the Pra osed zone conserve the value of buildings? The proposal will conserve the value of buildings by allowing an allocation of sign area proportional to the building size, rather than a fixed cap. 11. will the requested zone encourage the most-11ppro riate use of the land throwut the j uri.s diction? The proposed amendment is an effort to accommodate larger size buildings which are located in zones outside the general business areas. For example, a church may occupy an entire city block, but its sign area would be limited to the same extent as a small office building on a single lot. RECO1VIIIMNDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-06-4 and recommend to the Kalispell City Council that the calculation of the maximum sign area allowance be modified as set forth herein. Page 4 of 4