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10. Ordinance 1555 - Text Amendment - Sign Regulations - 1st ReadingCity of Kalispell Planning Department 7 - 20 Street Eas� Suite 211, Kalis.pell, Mona 59901 Fax: REPORT TO Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Kalispell Zorn Ordinance Text Amendment sign Regulations MEETINGDATE: October 3, 2005 BACKGROUND: Amendments t the Kalispell sign. Regulations s coming again before the KWis ell City Council as a follow-up to the work session on these regulations on September 19, 2005. At that work session there was discussion regarding issues that lead to the actions taken at the city council meeting held on September 6, 2005 where the proposed amendments to the sign regulations did not pass on a vote of four in favor and five opposed. Discussions at the last work session on September 19, 2005 Mdlcated that there were essentially only a. couple of issues that a few of the council members seemed to feel strongly about. Those issues revolved around d the prohibition of balloons and the prohibition streamers, pennants and strings of pennants. Those se sections of the sign regulations are on page 2 of the attached exhibit under "Signs Prohibited". The majority of the council seemed Willing to entertw'n the consideration these issues at the next regular meeting, October 3, 2005, M order to bring consideration the sign regulations to a conclusion. Additionally, the staff weld like the city council to consider are additional amendment that relates to mall businesses which came to light as a. result of discussions regarding the Ka .s ell Center Mall. On page 1.1, subsection d, the sign regulations prohibit outside building signa. e other than a freestanding snugn for businesses other than the anchor r tenants. This doesn't seem to be lair or equitable when other large shopping centers such. as Mountain View Plaza and Sprung Prairie tenants are allowed much greater latitude. In order to address this r e uit r, the staff would recommend that during theiLr deliberations regarding amendments to the sign regulations, the city council consider deleting this seed.. Kalispell Sign Regulations Amendments September 22, 2005 Page 2 In conclusion, it appears there are three areas were amendments should be considered which are as follows; Under "'Signs Prohibited" Subsection 2, strike the language "balloons." (page 2 Under "Signs Prohibited" Subsection 3, strike a . or a portion of `streamers, pennants, strings of pennants or other flying attractants." (page 2 Under "Signs for Shopping Centers and/or Multiple Businesses" Subsection d , strike all of the language "No outside building sig .a.ge (other than ground or freestanding signa.ge) is permitted for mall businesses where the usa esses are accessed from a common interior entrance. This exclusion shall not apply to wall signage of anchor tenants." (page 11) RECOMMENDATION: A motion to adopt the first reading of the ordinance amending the sign regulations would be in order. Subsequent .a.otions further amending the regulations as deemed appropriate by the council may also he in order. FISCAL EFFECTS& None anticipated. ALTERNATIVES: As suggested by the city council. o; Teresa. White, Kakis eH City Clerk Attachments: Ordinance Exhibit A- Draft Sigma. Regulations dated 2 5 o ORDINANCE No. 1555 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORD11NANCE NO, , BY AMENDING SECTION 2 s2 , SIGN REGULATIONS, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY Y THE SAME. WHEREAS, the City of Kalispell has submitted a. written request to amend the Kalispell Zoning Ordinance, by amending Section 27.2 , Sign Regulations, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the 'fir' -City Planning office after having been evaluated under 27.30.020, Kalispell Zoning ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning ordinance be amended by amending section 27.2 , Sign Regulations, and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-04-1 as the Findings ofFact applicable to this Ordinance. SOW', THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY O KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, ordinance No. 1 60, is hereby amended as follows on Exhibit "A91, attached hereto and thereby made a part hereof. SECTION 11. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION 111. This ordinance shall tale effect thirty 3 days after its final passage. SECTION IV. The City Attorney is hereby authorized and directed to rcodi y this Ordinance. PASSED AND APPROVED Y THE CITY C UNCIIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL THIS 17 H DAY of OCTOBER, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor DRAFT dated 5 'HATER 27,24 SIGN REGULATIONS Sections: Sign regulations - Page 1 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 7.2 . Permitted Signs in ,hones R-1, R-2, -3, and. R-4 27.24.100 Permitted Signs in Zones R- , RA- , A-2, RA-3, H-1, -1, -1, and PUD 27.24.110 PermittedSigns in Zones - , -t , - , --5, - , and I- 7.24. 2 Standards 7.2 ..3 Maintenance 27.24,140 Sign Permit 7.2 . 5 Non -Conforming Signs and Signs Without Permits 27.24.160 Violations 27.24,170 Enforcement and Remedies 27.24.180 Removal of Signs by the Administrator 7,2 . Appeals 27.24.200 Variance 2 .2 , Purpose* The pose of this Chapter shall be to coordinate the type, placement, and physical dimensions of signs within the different land -use zoning classifications of Kalispell; to recognize the commercial eon numeation requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to promote the aesthetic objectives of the city; to improve pedestrian and traffic safety; to enhance the natural s e i qualities of the area; to lm'mi e the possible adverse effect of signs on nearby public and private property; to promote the toast economy of the city; and to guarantee equal treatment under the law through accurate reord keeping and consistent enforcement. These shah be accomplished y regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to zoning classifications. No sign shall e permitted as an accessory use to a permitted or conditionally permitted use except in accordance with the provisions of this Chapter. Sign Regulations -- Page 27.2 .0 0: Scope. This Chapter shall not regulate official traffic or govemment signs: the copy and message of signs; signs not intended to be viewed from a public . h -of-way; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government or noncommercial organization; gravestones; religious symbols; commemorative plaques; decorative holiday light displays; traditional barber poles; the display of street numbers; or any display or construction not defined herein as a sign. 27. .030: Signs Prohibited. The following types of signs are prohibited M all districts: No permit shall be issued for the erection of any signs prohibited y this section.. (1). Abandoned Signs. (2). rflata le signs, � r , tethered balloons, searchlights, beacons or others l or air lee res (Q'Xnagant QQ :.. . .. : .except as allowed in Section 27.24.05OL1)(c) � . Streamers, vennants, strings of pennants or other f1vlrj attractants. (4). Banners on lie propertv or is-o (moved for clarity), except as otherwise permitted by otter city standards or policies. (5). Signs imitating or resembling official traffic or govemment signs or signals. (6). Snipe signs or signs attached to trees, telephone/electrical poles, public benches, streetlights, or placed can any public right-of-way. (7). Signs placed on vehicles or trailers which are parked or located for the primary pose of displaying said sign. (This does not apply to at�� ,,,��a �i signs or lettering on buses. taxis. or vehicles operating during the normal course of business.) Roof Signs Bless architecturally incorporated into the facade o the building on a parqpet wall or similar extension of an exterior wal (9). Anir tempgrary or vortable signs except as otherwise pernitte l i Section '.woo. (10). Mechanically animated and/or flashing signs. See also Section '.. o l Sign. Regulations - Page (11). AU temporga or portable sandwich board or other ortaie slams located o iic sidewalks or in the public right of way. 27.2 . Permits Required. Unless otherwise provided by this or ma .ce, all s ps shall require pennits and ayme t of fees as described in Section 27.24.140 of this ordinance. No pert is required for the routine maintenance of a sign. Changing a face or other component of a si considered an alteration of the sip and shall not be considered routine maintenance. ce. 27,2 . Signs Not Requiring Permits. The following types of signs are exempted rom pennit requirements but must be in c nforr a ce with all other requirements of this ordinance: (1). Allowed temporary Signs. Signs erected on a temporary basis such as, but not limited to,, the following categories of signs: (a). Construction Signs. No more than one 1 sign per contractor of a building which is under construction provided the advertising display area of such sign shall not exceed six (6) square feet 'in residential districts or sixteen (16) square feet in other districts. Additio air one i siiznjs allowed which shall .not exceed sixt6)..square feet advertising the business es which will ocewvhe lot. Such sl s shall be removed within 30 dqys of occn arc of the building; (b). Read. Estate Signs. One two-faced sign per lot not exceeding six square feet per sign Face in residential districts or sixteen square feet in other districts. r rt event- rt + eee�i seven S + a � t • rapIpmaAr rt rt • Temporary sigLis are allowed in assoition with commercial and industrial uses :for special event such as gland openings or.special sales for single pen'od of time not to exceed 14 total days within a 6 monk erlo i and s to the written aproval of the zoning.administrator. Sign Regulations - Page . Banners mounted directs o and ara el to a building wall. . One tee or r portable s such as aportable reader board or sandwich board* etcper lot is allowed. S+te rt + • ..r • r In t e � , balloons tethered o - � beacons or other gas fided or afigures (d). Political signs not exceeding 32 square feet located on private property., rt rt r • rItr rt kJCtv If • . rt r + • rt • (e). CgMaign and election s s which are removed within 1 days after the election. (f). Signs associated with. neighborhood garage or yard sales or similar function. Such signs must be removed within one (1) week following the sale. • One decorative banner er lace of business with no commercial message, (2). General Standards for Temporary Signs (a). . temporga signshall notbe placed on or extend over the public rifit- way. (b). The location of a teM orar si is sub' eet to clear vision triangle requirements and the locatiOn reqUireMentS for freestanding/gofreestanding/gound si ns contained in Section 2..0. The location is Sher si ect to site and buildina access requirements, (c). A temporary,shall be designed to be stable under all weather conditions. s. i cin irg hi w inds. Sign Regulations - Page (d). A temporga sign shall not advertise or promote gny off- pLcLmise commercial enterpnse or event. Directional Signs. A. sign, other than a goverment sign, not more than four (4) square feet which provides directions for traffic flow to places o smness. Identification. Signs. One sign per street front, seing fob or denoting the name of any public, charitable, or religious institution when located on the premises of such institution, provided such sign or bulletin board shall not exceed ) 24 square feet in sign area err face subject to the heis& for the given zomng district. Interior 'window Signs. Any incidental sima e erected inside o or...12ainted on a window or otherwise located within a building except strobe lights, blinking lights or other such similar devices that are intended to draw attention to a use from passing vehicular trade. Subdivision Identification Signs. One i...not to exceed �� k IL Wj 20 snare feet in area or two 2 signs not to exceed twelve (12)square feet each per exclusive entrance to a subs i ision or tract. Such sio.s shall be restricted to the subdivision or tract name and not exceedInd sip feet in height. Government Signs. Any sign erected by a govenunent agency e.g., traffic sips and legal notices) and sips indicating utility locations. Nameplates. One per dwelling or tenant names at main entrance of any non-residential use not exceeding one square foot per nameplate. Incidental Signs. Signs that are i4enerally informational. ational. that have a pMose secondary to the use on the lot on which it is located* such as "no parking," "entrance." "loading only," "telephone,". and other similar directives. No Sig with a commercial message legible from a position off the zone lot on which the sign. is located shall be considered incidental. (10). Works of art that do not include a commercial message. Sign Regulations - Page ., General Standards For All Signs. (1). Signs shall not rotate, move, flash, change or blink, except i utilized by a goverment agency for public safety or information, (2). ..n electronic message boar thedd roiet and temperature a minimum of every 30 score.. The si2n must be i eo crated into the not cow se more than 25 percent of the nmary sign area. The electronic mesa e shall .not change in increments of less than five seconds and shall not use flashina or blinking characters. The use of colors, which can be confused with traffic signs such as red or geen. are rohiite .. Signs, if illuminated, shall be lighted by continuous, stationary, shielded light sources. ter a ymi ated signs may not lit at nizht when anv face of the siizn is removed or damaed in such a way that the lizht ma distract or intrude on drivers ad act pLo erties..Sios that have exterior.111,rhtiLig.mast be lit om above the sagn. and the ht shielded except that...groynd hting myy be used Lor ground mounted signs with a solid base. In all cases livhtitzg Est be directed at the sir ace of the s area. , JinaeQAIPLU t (4). Portac or movable reader hoards i are- rod ited except when used to announce a temporary event [see 2 . •o o(l) c or when used in conjunction with.temporary businesses �� shall be is placed at least fifteen feet back from the public fight -of -way. (5). No more than &vein lu _ twc tv percent � of any sign area may incorporate a reader board.. The reader board portion shall be architecturally incorporated into the overall desip of the sign. No such signall be considered to be arc ltect ra l incomorated mess the reader board is contigjLous to the remainder of the sign face and is bounded by the sane or similar framework. (6). Signs attached to buildings shall not extend above the wall to which they are attached unless erected to comply with ,2 .030 . (7). The advertising display area for freestanding signs shall include no more than two 2 faces except that more than . two 2 faces may Sign Regulaticins - Page be permitted for sib serving multiple businesses . 404 1.� . ave�sgy gall i�.s shall be .mite to a sffigle sign face. (8). No of premise sign shall be located 'in any residential om'ng district except as may be associated with incidental .e ghborhoo l sales fas per Section 27.2 .0 of . See also Section 27.2 .030. 27.2 . 7 : Sign Area Allowances. The maximum sign area allowance for a particular property shall be calculated as per subsection 1 or 2 below mess otherwise specified in this Chapter. Sign area allowances shall only be applicable to developed properties, and shall include all conforming and nonconforming sig .age for which pen -nits have been issued per Section 27.2 .150. (1), Building Frontage Length. (a). When building frontage is less than 200 feet, the maximum sign area for the propel shall be equal to three 3 square feet for each lineal foot of balding frontage length, (b). When building frontage exceeds 200 feet, the maximum sign area shall be equal to 600 square feet plus one square foot for each additional lineal foot of frontage beyond 20 feet. (c). As applicable to shoppffig centers or lots containing multiple businesses or where common sig age is share between two or more adjacent lots, the calculation of allowable sign area shall be as per a) a.d (b above, except the square footage allowance increases to three and one- half - l 2 square feet and one and one-half l -1 2) square feet, respectively, rov* e that a common s a e... is is submitted a.d approved.* c 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 evert a building does not have frontage or 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 pose ocaclatin.g the sign. allowance. 2. Lot Length. In lieu of using the length of building frontage as a means of calculating sign area allowance, the calculation may be Sig. Regulations - Page based on a ratio of one square foot of sign allowance for each .Meal foot of lot frontage along a single public road.. (3). Multi -faced Sis# All faces of a multi -sided sishall be counted towards the maximum sip area allowance for exams le4 both sides of a double -sided freestanding s1are counted). Sigiis shall not exceed a-30 decree angle. #2. Retires for Speck Categories of Signs. (1). Freestanding and Ground Signs. (a). ` e advertising display area per sign face shall not exceed 200 square feet except as otherwise permitted by Section 2..3. (b). A single sirs may be petted on a lot having at least thirty 3 feet of frontage along a public road except up t two 2 signs may e petted when the frontage of the lot along a single road exceeds five hundred 5 feet. Under this provision, a comer er lot with frontage along two (2) public roads is eligible for a sign along each frontmare, provided that the s�i s ma not be located within the same building setback area. (c). Signs shall be setback ` from apt_ side propegy line a distance..equa to the lulu setback in the given zn istr'et. This requirement does not apply to side c�erts�e. rert lre �� ' �. A:C-- No sign shall be erected or extend over any public n t- -way. Sign Regulations - Page Heights, area, and front yard setbacks of signs shall be permitted in accordance to Table 1 TABLE I Distance from.. Street Maximum Height Maximum Size Right -Of -Way Line Above Grade Allowed Per Face (Feet) (Feet) (Square Feet) -o 15 60 -o 20 80 2 - o 22 90 1 -o 24 120 -5 0 26 150 51 and greater 28 200 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 . When any sign is placed on property that has only one street frontage, the required setback shall be measured .from the street right-of- way line to which the sign face is most nearly parallel. When, any such sign is placed on property located at the intersection of two 2) dedicated public streets, the required setback shall be measured from -both the street r'ght-o way lines } �• Double-faced freestanding a..d ground signs shall be set hack from the street right#of-moray line according to the provisions of this Section (Table . Any such setback shall e measured from the street r*g t-of ay line at the street to which the sign faces are most nearly perpendicular. Lv7W�vxiw I N11.1111121 IIIIINJOW111 I'll! a IVIII; IM 9 8 VW.- V ON"' '0 i! w - r s w MAN ffr� 0.4 # T w +MJLWdIi NN • �ji��j 6 iF s r 4e � w � �. Signs within fib feet (measured along the street right- of-way) of an intersection, which exceed forty-two 2 inches in height, shall be set back at least fifteen. 1 5 feet from the street right -off`- way lire or shall maintain free air Sign Relatis - Page 1 space between a heist of forty-two above adjacent street elevation and a height of seventy-two 2 inches above said elevation. A freestanding sip shall not e construed to have free air space if such sign has a base which is greater than fifty percent 50% of the width of its face or three feet wide, whichever is smaller. (1). When electrical service is provided to freestanding signs or ground sips, all such electrical service shall be underground � a Ad . (2). Wall Signs. (a). No pad of a wall sign shall extend above the top of the parapet wall upon which it is placed mess architecturally incorporated into the facade of the building. r r i.I „fit On comer lots, total allowable sigma area allocated to wall rims along a..sirs ie ronta e shall be limited to the maximum s area for that ronta e. See also Section , .070,, which allows the use of onlyore fronWe for j2 es of the actual calculation of maximum sip area -allowance for a pswerty). (c). Under-canopy/marquee signs which are parallel to the face of the bw*ldi'ng shall be deemed to be wall signs and are not subject to the twelve 12 inch or less extension requirements. (3). Signs for Shopping Centers and/or Multiple pl Businesses. (a). All signs of a shopping center and/or lot contaim'n multiple businesses (more than one) shall be coordinated a to the number, rode of display, location., size, height, colors, finish. materials, and. illumination of each sign with the other signs and with the architecture of the uiidin. s . A common sima e olan shall be required rior to iss i cy a sign ermit. A common since plan can also be prepared for businesses on two or more adjoinm'g lots. Sign Regulations - Page I I (b). A 25 percent increase in the total sign area allowance y a r as set fort. ire Section 27.2.00 shall apply to freestanding signs that are subject to a common signacre plan. Advertising for multiIP le businesses sharing a common zoning lot shall be m'corporated into a single reestanding sign consistent with the provisions of 27.2.70(c) a. 27.24.080(l). Freestanding signs shall not be permitted to any single busffiess or tenant. (d). No outside building signage (other than ground or freestanding s gnage is permitted for mall businesses where the businesses are accessed from a common inter'or entrance. This exclusion shall not apply to wall s gna e o anchor tenants. (4). Projecting Signs. (a). The sign shall be erected at right angles to the building face and be at least eight (8) feet above grade. (b). The maximum area per sign face shall not exceed 15 square feet. (c). Signs extending over a pubfic right-of-way shall not extend to within to 2 feet of the curb of the street or beyond 48 inches,, whichever is less. (5). Marquee Signs. (a). No marquee sign shall project above the top of the marquee upon which it is mounted. (b). 'No marquee sign shall project from the face of a marquee. (c). Under -marquee signs, which are perpendicular to the face of the building, shall be deemed to be projecting wall signs. (d). Under -marquee signs, which. are parallel to the face of the buliding, shah be a minimum of eight feet above grade and shall be deemed to be flush wall signs. Sig Regulations - Page 1 Canopy Signs. (a). No canopy sign shall project above the top of the canopy upon which It is mounted. (b). No canopy sign sham project from the face of a canopY- c. Canopies on which canopy signs are mounted shall be at least eight (8) feet above any public . g ti- way, except that any valance attached to a canopy may be only seven (7) feet In height above a public fight -of -way. Billboards. (a)- No billboard shall exceed 288 square feet per sign. face. (b). No billboard structure shall exceed a maximum height o 2 8 feet. (c). No billboard may be constructed within oo feet of any other billboard located on the sarne side of the road right- of-way and facing the sane traffic flow. Distance shall be measured along the nearest edge of pavement of the road rear whose ght-o way the sign is located. (d). No billboard may be constructed nearer the road right-of- way than the applicable building setback requirement for the zone in which -the billboard is located. (e). No billboard shall be constructed along a road; which is not a federal or state highway. �. n order that the -total face area and number of faces of all awl billboards within the City not be 'increased beyond the number of faces occurfig on T**W 4AXI-, march 12,1992 no billboard shall be constructed without first removingbillboard(s) equal in face area and number of faces. In order to administer this provision, the Administrator inistrator shall issue a replacement permit to anyone who. -permanently removes. a. lawfally. existing ll rc . The administrator shall note on the replacement permit the number of faces and face area, and the zoning district in which the sign was located, for every sign face removed. Replacement permits may be transferred. No billboard sign construction permit shall be issued without a replacement Sign Regulations - Page 13 pert which corresponds to the number of sign faces to be replaced. The total number of billboard faces in the city limits of Kalispell shall not exceed 18, except that propel occupied by billboard(s), which is annexed to the City, after the e Marc.t992 s a l be subject to the provisions of Section 27.2 .1 o, and billboard(s) located thereon may remain, but shall not, thereafter, be relocated. (g) Any billboard, except those subject to annexation as r specified i f); supra, located within any zoning; district in which billboards are prohibited shall be relocated at the billboard. owner's expense to a zoodistrict which exits billboards .. lentaleAtffilLeiLat by March 19. 1 7; provided that billboards located within 1.500 feet of the intersection of Main and Idaho Streets shall be relocated March 19, 1994. (h. Whenever a parcel of land e ntaim'ng any billboard is rezoned, or armexed and zoned, to one of the prohibited zoning classifications, the billboard or billboards shall he removed within five 5 years of the re,owng or, in the case of amation, within five years of the date upon which city zoning classification is imposed upon the annexed parcel; provided, that any billboards removed pursuant to this subsection may he reinstalled within any of the permitted zones listed in Section 7.2 .1 o, in accordance with subsection f), supra. 7,2 .o o: Permitted Signs in Zones -1, R- R- 3, and R- . Signs listed in Section 27.24.050, Signs not requiring a permit. (2) . One non -illuminated freestanding or wail sign, not exceeding 24 10 square feet in area per face for a freestanding, sign or 20. square feet for a email sign, ire connection with a permitted or conditionally permitted non residential use. Th ..... sign area for signs deserihed in Section 2 7.2.5 are allowed rs ant to the standards contained. in that section. Sigma Regulations - Page 14 A The height. of a freestanding sio shall be limited to six feet above the natural grade elevation. (5), oxne non -illuminated wall sm flush mounted to the building -not to exceed si" care feet connection with a hone oeeuato.. `. .. * Permitted Signs in Zones -5, RA-1, RA-2, RA-3, B-1 and - * Signs listed Section 2 .24.0 0, Sips not rec r g a perrmt. (2). The sign area for a freestanding or ground sign shall not exceed 24 square feet per sign face and the .height shall not exceed six feet above natural grade, except for B-1 zone where the sign area shall e limited to 3 6 square Feet per sign face and height shall not exceed six feet above natural grade. Wall signs shall not exceed 20 square feet per use and shall not exceed a total of 40 square feet total per developed parcel. (3). One non -illuminated wall sign flush mounted to the building not to exceed six square feet in connection with a home oee ation. 27.24.101 PermittedSigns in the H-1 DistActs (1) Signs listed in Section 2 .24. 0 - Signs Not Requiring A .hermit. (2) Nora -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 and shall not exceed a total of 40 square feet total per developed parcel. w r • i .t i l+ #-w-&SIMM (4) 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. (5) Up to three signs may be permitted in association with a hospital complex and may be freestanding, marquee (canopy) or wall Sign Regulations - Page 1 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(l)(d). (6) Not more than two off -premise signs may be permitted at primary hospital entrance roads to provide direction to a hospital facility from a major arterial. one sign shall be permitted per intersection entrance. Each sign shall not exceed 54 square Feet per face nor 12 feet in height. Off -premise hospital signs will be allowed on developed or undeveloped propel and will not be counted as part of the sign type or allowance permitted for that parcel. (7), One non -illuminated wall sigi flush mounted to the it r not to exceed six square feet in connection with a home occ ation. 27.2 . Permitted Signs in .banes -2, - , - , -5, - , and -2. (I). Signs listed 'in Section 27.24.050, Signs not requiring a permit, (2). Freestanding and ground signs. (3)). Wall signs. (4). Projecting signs, except on Main Street in the Redevelopment Area unless the sip is La an under-m nee or under-canopy....siga; (b) less than, four square feet per face• and(c)otherwise meets the standards for ro *ectin 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 and - and not within 1 00 feet of the intersection of Main and Idaho Streets. Sign Regulations -- Page 1 27- 4. Construction Standards. (I). All signs shall be constructed in accordance With any applicable requirements of the City building codes and the State electrical code including portable electric signs. (2). No permanent or fixed sign shall be suspended by non -rigid attachments that Will allow the sign to swing in the wind other than under -canopy signs. 3. All freestanding signs and billboards shall be self-supporting structures erected upon or permanently attached to concrete Foundations, Billboards shall be erected using single -pole construction, All portable signs on display shall be braced or secured to prevent motion. (5). Permanent signs shall be designed to 'wit stand a wind speed of 70 a m e per hour. (6). No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation. (8). Signs shall be located in such a way as to maintain horizontal or vertical clearance of all overhead electrical conductors. In no ease sail a sign be fsalled closer than. twenty-four 2 inches horizontally or vertically from any conductor or public utility guy wire. . 4. Maintenance. All signs shall be maintained in good condition at all times, All signs shall be kept neatly painted, including all metal parts aid supports thereof that are not galvanized or of rust -resistant metals. Failure to properly maintain a sign shall be considered a violation of this ordinance. . 4..4 : Sign Permit. It shall be unlawful to display, erect, relocate, or alter any sign without first filing with the zoning adrniru'strator an application in Writing and obtaining a sign permit except as otherwise exempted as per Section 27.24.050. Sign Regulations - Page 1 Application. Application for a e=t for the erection, alteration., or relocation of a sign shall be made to the dmi strator upon a form provided by the Ad nn'm* strator and shall include the information listed below. (a). Name and address of the owner of the sign. (b). Street address or location of the property on which the sign is to be located, along with the name and address of the property owner. (c). The type of sign or sign structure as defined in this chapter. (d)A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises. (e). Specifications and scale drawings showing the materials, design, dimensions, structural supports,, and electrical components of the proposed sigma. (f). Length of the lot frontage and bwlding frontage. (g), Location of ingress/egress and overhead wires. (h). Any other information that may be deemed necessary for poses of cla6 cation. (i). The application fee established by the city council. � . Architectural Review. Signs to be located in the Kalispell Redevelopment Area are also subject to the archltect ral review requirements as set Forth in Chapter 27.23. (3), Issuance and Denial, The Administrator shall issue a permit and permit sticker for the erection, alteration, or relocation of a sign within ten l o working days of receipt of a valid application, provided that the sign complies with the laws of all applicable junMictions. In all applications, where a matter of interpretation arises, the more specific deriltior or higher standard shall prevail. When the administrator denies a permit, wntten notice shall be given within tern l o days to the applicant along with a beef statement of the reasons for cem'al. The Administrator may suspend or revoke an issued pennit for any false statement or substantive misrepresentation of fact in the application. Sign Regulations - Page t (4). Inspection. The Administrator shall cause an Inspection of the zone lot for which each pest .for a new sin or for modification of an existing sip is issued dig the sixth moth after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the perinit shall lapse and become void. If the construction is complete and in full compliance with this ordmna ce and with the building and electrical codes, the Adn l strator shall issue the appropriate erits to be held by the owner of the sir and be held as a permanent record of compliance with this code. If the construction is substantially complete but not full compliance with this ordinance and applicable codes, the Administrator shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Administrator shall issue the erm.lts as described above. '' Nonconforming Signs ane . Exi sting signs that do not conform to the.provisions of these regulations but were Iggialiv in dace rlor to the ado tlon or a llcation of this ordinance are considered non- conforming. All non-confonnina si ns shall be removed or rou t into compliance with these re ulatlons as follows: r t i • t i X. k � 7 a # • Mr w f! # s� � w i• # i i' # /FMMM An ik W.- ii i i s rw IIF ; w 1w # wr r Wt � ! ! � � • #w # Mt i s i s # r s r alh Mc MF W r< * w ♦ i PI ! # M A i #r # i• it i w I O t r i. # R h i i ��Jjj oil `p 0 MWJ l Ik aR � � � # # III ! VIA 1"0 ! !#i � � � # i � & rt 1 s i i a s #� A 4 s i< i iF i s . � r MOM A ■ i w� Mr Ar M s w out d•h i Elk "MM-killitill�W is WA Wi W 1111 :11%NJALWJ�ililll=llp!lllplllllllllo I III, III, F to a q%AMW IF It"! �!11! ''1 0 4p q qm—,I 0 "Jill 1111111 N 6 MEWwk I"t s a 1R Ar i # ylY # w 4R *k ! ■ 1111111 V 7Y i NY • w i11MIEffig xqv# - !I #y I I * # It 19 VIIIIIIIIA# w w� *4 �R w er i � s rf w w �Yr � � # •i s i i OFAIIII 0 fil it iit ! Ww• I&WAM � i � ■ Sign Regulations - .gage 1 i i # r # a s a i k i * + y * k • t. # ■ w y i ! iI f i # # t 1I # 4p jmWaj#1 A AL i i M +� t ! i M# i i MAIF rw ! t + A ♦ Ia i i i # w # * NO # w W-- w Y! !R r 0 /Y i r r i ., i o f ri i i i • ! i 7 # # i #4 4111 IF + 1w A #Y AF 1MF i4 w • w i . .. 1iIII fti # rIII Wit a W IFkLAftAd1W-J4LWM14,- RWF so %L-AL-IWALWA im M up * JL-M& tk PI O-WAMVP III! lllma,jmww4Lw2u A. •� i i .w + i FROM J4 -k # i i i # dw... w � # R ak++ + I&M i MI I IPII lj�jp a# i Alk �Ir #+ •a i i ! Mi r .F 1F A. w � i r r w r s i # # IMWgpWFLwjMl# # f .+ A i r i111 C i i i i A I � AF i � �' i �YF +� DIY • r i w + 01!W W # * ItY O # 14 Y 7 # A aw + i r/ # .a F # i w i * * aF + '�' F # ! 7 wAhANN6100 i' - i lill 41 #► (a). AL%-e%r&-ql JIL • r tffiation. e tron'c m ss , e boards or signs that blire flash or chine copy in less than five second increments or do not dis day time .nd temperature shall be brought into eons-Dia.ce with regard to displayed messes within one (b). Signs, on and off -premise, that have been damaged by fire, wind, or other .involuntary causes, except in the case o vandalism,, in excess of 50% of current or replacement cost shall be brouaht into iciomDfiance immediately on re c ment: . i In the case of vandalism, sign may be restored to original condition if done within six (6) months. e. Signs, on and off -premise, which are voluntaffly destroyed or removed (except for maintenance not involving structural modification), by owner, manager or operator o shall be brouizht into comWilance immediate1v upon s .� i . �. ,R �► .. w • ,. i • 111 + i i wr M a Sign Regulations -Page 20 (e). Signs requiring structural modifications to accommodate change of copy.,shall be brouaht into cow Hance replacement. : 6 R1Y �► # i ri r �k r a ,w � ,i qy ,* sa #w �111 + r w � + M - r r s *W s0# N r r %Z WIDOW w a •■ afi •# w * r M s A iR i4 t Ills iR t /1 w rWm ram 811111 0. # A V r r wr i r •♦ # ,IF a (g). Discontinued signs shall be broughtinto compliance H=ediately unless art of a mu tx"w ane 17M .. • • • ) I am'Q Q Q _-Clf tL o caftLiQ nnnpp AAr�Liah vxer-e k_.X.L&LANJ"" "A, . A. which were unlawfully erected shall be brought, into compliance immediately. �• Sigqs that are replaced... relocated; reconstructed or requip p& structural mod'cation shall be brought into II S s contaim'ag-xemovable or replaceable panels shall e brought into compliance when more than 50 percent of the sigq area or sio Panels are re laced or modified., (1). In the evert additional ri'aht-of-way is chased by a rri-m. a eAc any affected that must relocate due to the increased right-of-way shall be brouRht into Compliance when re laced. Exemption for Historic Signs. Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are deemed to have histofical sl grnficance may e retained, reserved or restore. kJ A- rthe x+ 9" : If there is a uestion re ar tie istor'cal sl r ' cance off` a sl t '11 be sub'ect to review and Sign Regulations - Page 21 qpProval b the Architectural Review Committee who shall consider the following critena: (a). The sly demonstrates characteristics of style, fanctlon, method of construction, Workmanship, design, or materials rlals that gives the sign its historic identity and associate it with a specific place, time, or cultural pattern. (b). The sign is an integral part of the original architecture and has a association with the 4" ice. (c). The sign is at least thirty o years old. If less than thirty years, then a finding of exceptional importance of historical sigrnficance shall be made. t! a w f F �► A _ r • a .w wf a 1� i r IIII1LW dh A ii 1 o f i i r a i .M i s • A * WWWAr M i * Y - i •R * Y # i � * lF # i # ' i If YY 7,2 . Violations. Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this ordinance,, by the zomffig ordinance, and by state law: (1). To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit goveming such sign or the zone lot on which the sign is located; (2)o install, create, erect, or maintain any sign requiring a permit without such a perm' it; (3). o fail to remove any sign that is installed., created, erected, or maintained ntaine in violation of this ordinance, or for which the sign permit has lapsed; or (4). To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance. Each sign installed., created, erected, or maintained in violation of this ordinance shall be considered a separate violation when applying the penalty portions of this ordinance. Sign Regulations - Page 22 2 . . 0: Enforcement and Remedies* any violation or attempted violation of this Chapter or of any condition or re Lu rement adopted pursuant hereto may e restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this Chapter shall he considered a violation of the zoning ordinance of the city. The remedies of the city shall include the following* (1). issuing a stop -work order for any and all work on any signs on the sane zone lot; � . Seeming an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity. { e osin my penalties that can he imposed directly by the city under the zoning ordinance; (4). Seeking in court the imposition of any penalties that can be unposed by such court under the zoning ordinance; and (5). In the case of a sign that poses an immediate danger to the public health or safety; taking such measures as are available to the city under the applicable provisions of the zoning ordinance and bw"Iding code for such circumstances . The city shall have such other remedies as are and as may from time to time he provided for or allowed by state law for the violation of the zoning or mna.ce. All l such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy setforth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the sane violation.. ' . .180: Removal of Signs By the Administrator. The administrator may cause the removal of an illegal sign in cases of emergency (health and safety), or for failure to comply with the Witten orders of removal or repair. After removal or demolition of the sign, a notice shall be nailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Aid�inistrator together with an additional ten l o percent for inspection and incidental costs. If the amount specified in the notice is not paid within sixty days of the notice, it shall become a lien against the property of the sign owner, Sign Regulations - Page 23 and will be certified as are assessment against the property together with a ten o) percent penalty for collection M the same manner as the read estate taxes. The owner of the property upon which the sign is located shall e presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Adniinistrator, as in the ease of a leased s1g. For purposes of removal, the: definition of sign shall include all sign embellishments and structures designed specifically to support the sign. 27,24,190 Appeals. Appeals to the Board of Adjustment may be made when a completed application is not acted upon within tern 1 o days of receipt by the administrator or if the applicant is dem'ed a perinit. Appeals to the board may also be made pertahu'ng to a notice of violation. The appeal procedure is set forth in Chapter 27.32. All appeals to the Board o Adjustment shall also include a recommendation by the architectural review conunittee. The action being appealed shall be held in abeyance pending the decision of the board. .2 .2 : variances. A variance to the regulations of this chapter may be sought for those situations where the application of these regulations would create a ui ue hardship due to the special circumstances of a particular property. The variance procedure as set fort. in Chapter 27.3)3 shall not be used to circumvent these regulations or be used to gain special treatment. "Unique ardsliip" shall not be broadly 'interpreted or apply to general situations o economic hardship. All variance requests to the Board of .Add strnent shall also include a recommendation from the architectural review committee. Sign Regulations - 'age 24 OTHER AMENDMENTS Reference to sians in each zo� ��: Reference '1 made o the sip ordma cc m the sections governm*g each o .' g district in the same manner as setbacks, fences, etc. c.grt Section 27. 4.040 Signs: Refer to Chapter 27.24. 2. Pen -nit Fee Structure: A new fee structure based on the number of square feet rater than the value of a sign would be more straightforward and equitable. The council under a separate ordinance would accomplish this change, but a statement of support by the board would be in order. Amend the definition o "Si on" to read "Any device, structure, fixture., attractant, object• .00 a hie ro'ected or cctrorc�a htn or ; or placard using grapes, symbols, and/or wn'tten copy designed specifically for the purpose f advertising or identifying any establishment, product, goods, or service." Section 2 7.3 7. 1 QLCLI�� - 4. Delete the 'oowiug; rt y rt • fiend as follows: Electronic Message -Board -4 Oy sign that uses chanaing lights to form a sigLi message or messa es wherein the sequence of messages and rate o chary ge is o ctror ca v ro am.ed and can be modified electronic processes. . Add a definition for Discontinued Sign as follows: "A. sign which no Ion er identifies or advertises a bona fide business service -product or activ t on the 1 p .,, ere it s located. 7. Add a section to adlow a si r Home OcMations under 27.22.160. A wall sign flush mounted to theuildin not to exceed six square feet ma be allowed in association with a home occu anon.