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