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1. Ordinance 1555 - Text Amendment - Sign Regulations - 2nd ReadingCity ot Kalispen Planning Department . 7 - 24 Street Ea. Suite 21 L, Kalispell, Montana 59901 ) 751-1858 fib.; kaRT.�g*com REPORT TO: Kalispell Mayor r and City Council FROM 1 ar a A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Second Reading - Kalispell Zoning Ordinance Text Amendment Sign Regulations MEETENG DATE: October 1., 25 ACKGR U` : This is the second reading f an ordinance for amendments to the Kalispell el.l Sign Regulations that reflect the changes made at the October 3, 2005 regular city council meeting. The first reading of the r r� an e was approved at that meeting. The amendments made by the city council at the October 3, 2005 meeting .re as noted below and are reflected in the second reading f the ordinance, The strikeouts note the deletions in the appropnate areas which were as follows. The other strikeouts, underlines and italics reflected M Exhibit A were the previous changes to the regulations. Signs Prohibited, Page 2, subsection 2. Inflatable signs, y- tetheTe baR�, searchlights, beacons or other gas filed or air f Ued. figures (except as allowed in section. 2.2.501. Signs Prohibited, Page 2, Subsection 3. Signs Not Requiring Permits, Page 4, Subseetior. 1 3. Inflatable signs, balloons, tethered baHoons e wons or other gas ffiled or air fiffled figures. • Signs for Shopping Centers and. Multiple businesses, Page 11, Subsection d.. --No I Ina + 4 • Y i Permitted Signs In the - l District, Page 14, Subsection 2. 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 Kalispell Sign Talons Amendments October 12, 2005 Page 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 • RECOMMENDATION: A motion to adopt the second reading the r ma ee amending the sign regulations would e in order. FISCAL �F ECTS: Nerve anticipated. ALTERNATIVES: As suggested by the city council. RespectfuRy submifted,, Hard . A. Wilson -} ames H. Patrick Senior Planner City Manager Report compiled: October 12, 2005 e: Theresa. White, Kalispell City Clerk Attachments: Ordinance Exhibit A - Sign Regulations as amended 3 5 TRANSMIT KA.I ' L \sign regs 1 -17- 3 memo ORDINANCE NO. 1555 N ORDINANCE .AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE No. . , BY SENDING SECTION 27.2 , SIGN REGULATIONS, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning Ordinance,,, by amending Section 2 .2 , Sign Regulations, aid WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning g Commission by the Tri-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 #KZ A-o --1 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of KALISPELL ASFOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, ordinance No, 1460, i hereby amended as follows on Exhibit ""A"', attached hereto and thereby made a part hereof. SECTION 11. All parts and portions of ordinance No. 1.460 not amended hereby remain unchanged. SECTION .ill. This Ordinance shall take effect thirty (30) days after its final passage. SECTION IV. The City Attorney is hereby authorized and directed to recodi y this Ordinance. PASSED AND APPROVED Y THE CrFY COUNCIL AND SIGNED BY THE MAYOR of THE CITY OF KALISPELL THIS 17TH DAY OF OCTOBER,, Zoo . ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Sign Regulations - Page I. 1013/05 changes CHAPTER 27,24 SIGN REGULATIONS Sections: 27.24,0 0 Purpose 27,24.020 Scope 27.24,030 Signs Prohibited 27,24.040 Permits Required 27.24.050 Signs Not Requiring ng Permits 27,24,0 0 General Standards for all Signs 27,24,070 Sign Area Allowances 27,24,0 0 Regulations for Specific Categories of Signs 27.24.0 0 Permitted Signs in Zones R- ., R,2, R-3, and R-4 27,24,1 0 Permitted Signs in Zones R -5, RA-1, RA-2, RA- , H-1, -1, -1, and PUD 27.24.1 .0 Permitted Signs in Zones -2, -3, . -4, -5, - , and -2 27,24,120 Standards 27,24,1 0 Maintenance 27,24..40 Sign Permit 27.24.1 0 Non -Conforming Signs and Signs Without Permits 27,24,160 Violations 27,24,170 Enforcement and Remedies 27,24.1 0 Removal of Signs by the Administrator 27.24,190 Appeals 2 .2.200 Variances 27.24*0.0: Purpose. The purpose of this Chapter shall be to coordinate the type placement, and physical dimensions of sagas within the different land -use zoning classifications of Kalispell; to recognize the commercial ial communication 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, t improve pedestrian and traffic safety; to enhance the natural scenic qualities of the area; to mi imi e the possible adverse effect of signs on nearby public and private property; to promote the tourist economy of the city; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation o of the display, erectioln, 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 2 7, . 2 : Scope, This Chapter shall not regulate official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; product dispensers and point of purchase displays-, scoreboards on athletic fields; fags of any .nation, government or noncommercial organization; gravestones; religious symbols; commemorative plaques; decorative holiday light displays; traditional barber ...1; tie spay of street numbers; or any display or construction not defined herein as a sign. 2 7. . 3 : Signs Prohibited. The following types of signs are prohibited in all districts: No permit shall be issued for the erection of any signs probibited y this section. (1). Abandoned Signs. (2) . Inflatable signs, �� hQ110oiis, searchlights, beacons r other gII filled or air filled fig!gLI . as allowed in Section 27,24&h.oIc `dar�yrw���F�iE�i���s11�1�1��sYr�as#js�*fis�l��i+��11��7����*tlw1r�.N������11[l��liR�� (4). Banners on public propertyr ri is-- f- va (moved for clarity), except as otherwise permitted by other city standards or policies. � . Signs imitating or resembling official traffic or government signs or signals. (6). Snipe signs or signs attached to trees, telephone/electrical poles, public benches, stretl iglt s, or placed on any public right-of-way. (7). Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. (This does not apply t signs or lettering on buses, taxis, or vehicles operating during the normal course of business.) (8). Roof Signs unless architecturally incorporated into the facade of the building on a ara et wall or similar extension of an exterior wall. (9). And tena�r crtle signs except asother-wise permitted in Section 2 .2 . 1 . (10). Mechanically animated and/or flashing signs. See also Section 27.2 .0 . Sign Regulations - Page (11). Any teworary or portable sandwich board s s or other portable s s located on public sidewalks s or In the public riaht of way. 7,24, 4 : Permits Required. Unless of iefwise provided by this ordinance, all signs shall require permits and payment of fees as described in Section 2 rt2 .1 0 of this ordinance* No permit is required for the routine maintenance of a sign. Changipg a face or other component of a sl i. considered an alteration of the si and shall not e considered routine maintenance. 27. 4. 5 : Signs Not Requiring Permits. The following types of signs are exempted from permit requirements is but must be In conformance with all other requirements of this ordinance.* ce. (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 square feet in residential districts or sixteen (16)square feet in other districts* Additionally, one j. si2n is allowed which shall not exceed sixteen 1 spare feet adyertising the business es which will occupy the lot. Such si s shall be removed within 30 a s of oec auc of the brldi. Real Estate Signs. one two-faced sign per lot not exceeding six square feet per sirs face in residential districts or sixteen 1. square feet in other districts. • L7 C4 Y k3■ ef , r L • • c- e ffif;k pff e. *F rt r + r r 4 rt + r rt • rt -a-feftej not to + rt + AXT- r + + • rt Temporary siggas.. are allowed in association with commercial and industrial -uses for special event such as rated e x s or s eci l saes for sin le eriod of time not to exceed 14 total da s within a 6 month period and subject to the written approval of the zoning administrator. Sign Regulations - Page 4 L Banners mounted ted directly... -on and p rallel to a buildiAg wall. 2. one temporary or portable s such as a oortable reader board or s r dwi h board etcer lot is allowed. St" r ■ w Nedt • 3. Ingatable signs. balloons tethered balloons s or other- jzas fl1led or air flIled. fwures (d). 'olitica signs not exceeding. 32 square feet located on i +1� ■ # . . . . # wL JFL.Q,]Ls s a w i a w w s r * # thauJ� # i ■ �w a A a Ai # i iAL ■k e i Iry (e). Campaign and ele ton si w. h are removed within . days after the electio ■ �• Signs associated with neighborhood garage or yard sales or similar function. Such signs must be removed within one (I) wfollowing the sale. ( �• one decorative banner er olace of business with no commercial messaje. 2. General Standards for Tema orar Si S. (a). A temporary si gR shall not b laced on or extend over the public rie .t-o - w . (b) The location of a temporary sub ieot to clear vision triangle requirements and the location requirements for freestandingZground signs contained in Section 2.2■00. The location. is further s bi eet to site and buildinii access } A tee orar sign shall e designed to be stable under all Breather conditions including, hi h winds. Sign Regulations - Page (d). A. temporary sign shall not advertise or._promote any off Premise commercial entelprise or. event. Directional Signs. A sign, other than a government sign,, not more than four square feet which provides directions for traffic flow to places of business, Identification Signs. One sign per street front, setting forth 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 per face, sub ` ect to the height for the yern zo district. Interior Window Signs. Any i.c.deta signagc erected inside of or painted _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 traffic. Subdivision Identification Signs, one sign not to exceed ` Bare feet in area or two signs not to exceed twelve (12) square feet each per exclusive entrance to a subdivision or tract. Such signs shall be restricted to the subdivision or tract name and not exceeding six feet in heliaht. Government Signs. Any sign erected by a government agency (e.g., traffic signs and legal notices) and signs indicating utility locations. Nameplates. one per dwelling or tenant names at main entrance of any non -presidential use not exceeding one sure foot per nameplate. �. Incidental Signs. Siens that are 2e-nerally informational, ai that have a pqMose secondary to the use on the lot on which it is located such as ##o ar�in ��entrance �x x�loadin or1 #�#tele ho aid other similar directives. No sign with a commercial message le ible from a position off the zone lot on which the s is located shall be considered incidental. (10). Works of art that do not include a commercial message, Sign Regulations - Page 7.2 . General Standards For All Signs. 1 . Signs shall not rotate, move, flash, change or blink, except if utilized by a government agency for public safety or informatioll. An electronic message board fle it displays. time an tern erat re a minimum of ever 30 seconds. The sign.must be incorporated into the primary sippshall not comprise more than 2 eree t of the ri ar area. The electronic message shall not change in increments of less than five seconds and shall not use flashingflqshing or blinkina characters. The use of colors rhi h can be confused with traffic sians such as red or green,are prohibited. � . Signs, if illuminated, shall be lighted by continuous, stationary, shielded light ores. Internals 4 yilluminated sikns magot be fit t nlzht when anv face of the size is removed or darned in such a way that the 1t may distract or intrude on drivers or ad'acet properties. Skyns that have exterior hti must be lit &om above the i d the light shielded e ce t that ground hti may be used for ground mounted ns with a solid base. In all cases li,Qhugg must be directed at the sur ace of the siQn area. Portable or movable reader boards sins - fflaffth*3s. ht "a I I are -prohibited except when used to announce a temporary event (see 2 .2 •05O(f) c ] or when used i.n conjunction with temporary businesses and shall be is placed at least fifteen. 1) feet back from the public right-of-way. No more than IJ twenty five ereent of any sign area may incorporate a reader board. The reader board portion shall be architecturally incorporated Into the overall design of the sign. No such sign..shall he considered to be architect call incur orated -unless the reader board is contiguous to the remainder of the sign face and is bounded bv the same or similar framework. Signs attached to buildings shall not extend above the wall to which they are attached unless erected to comply with 2..00(. (7). The advertising display area for freestanding signs shall include no .ore than two 2 faces except that more than two 2 faces may Sign Regulations M Page be permitted for signs serving Multiple businesses Isiete .flQnfl The advertising display area for wall signs shall be limited to a single sign face. (8). No off -premise sign shall be located in any residential ,coning district except as may be associated with incidental neighborhood sales as per Section 7* .05o e . See also Section 7.2 .0 0. 27. 4, 7 : Sign Area Allowances. The maximum sign area allowance for a particular property shall be calculated as per subsection 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 sinae for which permits have been issued per Section 27.2 .1.50. (1). ildin_ Frontage Length. (a). when building frontage is less than Zoo feet, the maximum sign area for the property shall be equal. to three (3) square feet for each lineal foot of building frontage length. (b). When building frontage exceeds Zoo feet, the maximum sign area shall be equal to 600 square feet plus one square foot for each additional lineal foot of frontage beyond Zoo feet. (c). As applicable to shopping centers or lots containing multiple businesses or where common signage is shared 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 three and one- half -- 2 square feet and one and one-half .-- 2 square feet, respectively, provided that a common si na e 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 fronta e 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. (2). Lot Length. In lieu of using the length of building frontage as means of calculating sign area allowance, the calculation .may b Sign e� lation - Page 8 based on a ratio of one square foot of sign allowance for each lineal foot of lot frontage along a single public road. (3). Multi -faced S . , All faces of a multi -sided sign shall be counted towards the maximum imam i area allowance for exams to both sides of a double -sided freestandina signare counted). —Signs-shall not exceed a 30 degree angle. ' '.2 . o: Regulations for Specific Categories of Signs. (1). ree tandl.rg and Ground Signs. (a). The advertising display area per sign face shall not exceed Zoo square feet except as otherwise permitted by Section 27.24.080(3). (b). A .ale sign may be permitted or a lot having at least thirty 3 feet of frontage along a public road except up to two 2 signs may be permitted when the frontage of the lot along a single road exceeds five hundred Soo feet. .hider this provision, a corner lot with frontage along to 2 public roads is eligible for a sign along each frontage, rov ded that the .i may not be located within the same bnlllr setback area. Signs shall be setback from an'de propertylire distance e gal to the building setback intie district. This requirement does rot apply to side corner lots��-fNew t4he* sp property line �. No sign shall be erected or extend over any public right-of-way. Sign Regulations - Page (�. Heights, area, and front yard setbacks of signs shall be perm'tied in accordance t .. Table TABLE 1 Distance from Street Maximum Height Maximum Size Right -Of -Way Line Above Grade Allowed Per Pace (Peet) (Feet) (Square .feet) 0-10 15 6 11-20 20 8 21-30 22 90 31-40 24 12 41-50 26 1.50 1 and greater 28 200 Single -faced freestanding and ground signs shall be set back from the street right-of-way ine 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 measured from the street right-of- way lire to whichthe 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 the street right-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 e measured from the street right-of-way lire at the street to which the sign faces are most nearly perpendieir. + A * ++ A rAha a WAL 11; # vivoOil�- # * # N ■ f # M4 �k + 3 ak kw&Q0 ILWIL, ELI WaS ON a IF" �1: 11011 a ELI di ZL=K=1A r t r �► ik + * s + ; V R L A I OwW I k v# ' I VI WI w s i ilk Al A # + r # r • r i # ; w • # # * MINIM.' # M # Y i w Signs within fifty Feet nicas red along the street right- of-way) of an intersection, which exceed forty-two 2 inches in light, shall be set back at least fifteen 15 feet from the street right-of-way lire or shall maintain free air Sign Regulations - Page 10 space between a height of forty-two 2 inches above the adjacent street elevation and a. height of seventy-two 2 inches above said elevation. A freestanding sign shall not be construed to have free air space if such sirs has a base which is greater than fifty percent 0 of the width of its face or three 3) feet vide, whichever is smaller. (i). When electrical service is provided to freestanding signs or ground signs, all such electrical service shall be underground (2). Wall S gn P (a). No part of a wall sign shall extend above the top of the parapet wall upon which it is placed unless architecturally incorporated into the facade of the building. (b) +'Un r ■ s on- 'N *%,[ Y' jA I All UP a Ar 1ALZ ___AXT _L At L-5 IE F, %-& LA. f, A k_3 JLA I V "J. V _&_L_L5 NOW OF ffl I -13, JL'k-.F & L-7 V Vh fft 4 L&A E I& • r + 4SILI 1 ! 1 L Y L L s r ■ r ha i to J s r i on comer lots the total allowable s area allocated to wall signs along a single frontape shall be limited to the maximum s area r for YY that (ro to e, See also Section 27.24.070 which allows the use of only one frontage for ores of the actual calculation of maximum sign area allowance for a ro ert (c). Under-canopy/marquee signs which are parallel to the face of the building shall be deemed to be gall signs and are not subject to the twelve 2 inch or less extension sion requirements. (3). Signs for Shopping Centers Multiple Businesses. (a). All signs of a shopping; center and/or lot containing multiple businesses (more than one) shall be coordinated as to the number, mode of display, location, size, height, colors, finish materials, and illumination of each sign with the other signs and with the architecture of the b.ildis. A common swnaae plan shall be rewired jDrior to issuing a siam oermit. A common signa e plan can also be prepared for businesses on two or more adjoining lots. Sign Regulations - Page 11 (b). A 25 percent increase in the total sign area allowance ti set forth in Section 27.2.00-d shall apply t freestanding signs that are subject to a common sgnae plan. (c). Advertising for multiple businesses sharing a common zoning lot shall be incorporated into a single freestanding sign consistent with the provisions of 27.2.0700 and 27.2.00.. Freestanding sins shall not be permitted to any single business or tenant. !IRWA s IE 10 VO - * • ■ vi I � i i � � # ; i at i � ■ ■ * � + i y (4). Projecting Signs. (a). `he 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 1.5 square feet. (c). Signs extending over a public right-of-way shall not extend to within two 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 building, shall be a minimum of eight feet above grade and shall be deemed to be flush wall signs. Sign Regulations - Page 1 Canopy Signs. (a). No canopy sign shall project above the top of the canopy upon which it is .amounted. No canopy sign shall project from the face of a canopy. (c). Canopies on which canopy signs are noted shall be at least eight feet above any public right-of-way, except that any valance attached to a canopy may be only seven (7) feet in height above a public right-of-way. Billboards. (a). No billboard shall exceed 288 square feet per sign face. (b). No billboard structure shall exceed a maxim -um height of 28 feet, No billboard may be constructed within Soo feet of any other billboard located on the same side of the road right- of-way and facing the same traffic flow. Distance shall e measured along the nearest edge of pavement of the road rear whose right-of-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. (f). In order that the total face area and number of faces of all lawful billboards within the City not be increased beyond the number of faces occurring on %dA"Q'L%e-i -�March 1, 1992 no billboard shall be constructed without out first removing billboard(s) equal in face area and number of faces. In order to administer this provision, the Administrator shall issue a replacement permit to anyone who permanently removes res a lawfully existing billboard. The administrator shall note on the replacement permit the number of faces and face area, and the zoning g district in which the sign was located, for every sign face removed. Replacement perr.its may be transferred. No billboard sign construction permit shall be issued without a replacement Sign Regulations - Page 13 permit 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 property occupied by lloards, which is annexed to the City, after the March 19 19 921 shall be subject to the provisions of Section 27.24.150, and billboard(s) located thereon may remain, but shall not, thereafter, be relocated. (g). Any billboard, except those subject to annexation as specified in f, supra, located within any zoning district in which billboards are prohibited shall be relocated at the billboard owner's expense to a zoning district which permits billboards ` LAX �� ordi by March 9� 199; provided that billboards located within 1500 feet of the intersection of Main and Idaho Streets shall be relocated . March 19, 1.994. (h). Whenever a parcel of land containing any billboard is rezoned, or annexed and zoned, to one of the prohibited zoning classifications, the billboard or billboards shall be removed within five (5) years of the rezoning or, in the case of annexation, within five years of the date upon which a City zoning classification is unposed upon the annexed parcel; provided, that any billboards removed pursuant to this subsection may be reinstalled within any of the permitted zones listed in Section 27.2 .1.1.o, in accordance with subsection f, supra. 2 .2 .o : Permitted Signs In Zones -1 I -2, R-3, and R- , (1). Signs listed in Section 2 .2 .050, Signs not requiring a permit. (2). one non -illuminated freestanding or wall sign, not exceeding; 2-0 10 square feet in area per face for a freestanding sign or 20 square .feet for a wall sM , in connection with a permitted or conditionally permitted non- residential use. The sign area for si s described 1n Section 2.2.00are allowed pursuant to the standards contained in that section. Sign Regulations - Page 14 (, %LJ- �- g . ,ht of a freestanding sign shall be limited to six 6 feet above the natural grade elevation. (5). one non -illuminated wall sism flush mounted to the building not to exceed six square feet in connect-Ionwith a home o anon. 27. 4, . : Permitted Signs in Zones R- , RA- , RA- , RA_3, -I and -1# (1). Signs listed in Section .24.050, Signs not requiring a permit. (2). The sign area for a freestanding or ground sign shall not exceed 2 square feet per sign face and the height shall not exceed six feet above natural grade, except for - 1 zone where the sign area shall e limited to 36 square feet per sign race 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. one non -illuminated gall sign flush mounted to the .din mot to exceed six -square feet in connection with a.home ocgupation. 27,24,101 Permitted Signs In the H-1 Districts (1) Signs s listed 'in Section 2 .2 .050 - Signs Not Requiring A Permit. (2) 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 grave. Walls signs shall not exceed 20 square feet per use ) An entrance sigin 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 e i les. The sign shall not exceed 1-4 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 15 signs. ,allowable sign area shall not exceed 70 square feet per face nor six feet In height and will be subject to the Section 2•2.001.)d- ( 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 b allowed on developed or undeveloped property and will not be counted as part of the sign type or allowance permitted for that parcel. (7). one non -illuminated `all siam flush mounted to the building not to exceed six sauare feet In connection with a home occuDation. 2 .2 ,110: Permitted Signs in Zones - , -3, - ,5, -1, and 1- . (1). Signs listed In Section 27.24.050, Signs not requiring a permit. (2). Freestanding and ground signs. (3). Wall signs. (4). rojectin ss_, except on Main street n the Redevelopment area unless the s is a n ender -mar pee or under-�cano s less than four square feet....per face • a.nd c otherwise meets the standards for vrojecting 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. Sign Regulations - 'age 1 2 .2 .1 * Construction Standards. All silts shall be constructed in accordance with any applicable requirements of the City building codes and the State electrical code including portable electric s1gils. No permanent or fixed sign shall be suspended by ion. -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. � . Permanent signs shall be designed to withstand a grind speed of 70 miles per hour. (6). No signs shall. be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door o errirr used as a means of egress. (7). No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation. Signs sha.11 be located in such a way as to maintain horizontal or vertical clearance of all overhead electrical conductors. In no case shall a sign be installed closer than twenty-four 2) inches horizontally or vertically from any conductor or public utility guy wire. 2 .2 .1: Maintenance. All signs small be maintained in good condition at all tires. All signs shall be kept neatly fainted, including all metal harts and supports hereof that are not galvanized or of rust -resistant metals. Failure to properly maintain a sign shall be considered a violation of this ordinance. 2 . .1 ; Sign Permit. It shall be unlawful to display, erect, relocate, or alter any sign without first filing with the zoning administrator an application in writing and obtaining a sign permit except as otherwise ise exempted as per ,section 27.24.050. Sign Regulations -Page 1 1�. Application, Application for a pernit for the erection, alteration, or relocation of a sign shall be made to the Administrator upon a form provided by theAdministrator and shall include the information atlo 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 ha ter. (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 shoving the materials, design, dimensions, structural supports, and electrical components of the proposed sign. (f). Length of the lot frontage and building frontage. (g). Location of ingress/egress and overhead wires. (h). Any other infornatior that may be deemed necessary for purposes of clarification. (1). The application fee established by the city council. (2). Architectural Review. Signs to be located in the Kalispell Redevelopment Area are also subject to the architectural 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 texn 1) working days of receipt of a valid applicatlo , provided that the sign complies with the laws of all applicable jurisdictions. n all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail. When the administrator denies a permit, written notice shall be given within ten (10) days to the applicant along with a brief statement of the reasons for denial. The Administrator may suspend or revoke an issued permit for any false statement or substantive misrepresentation . of fact in the application., Sign regulations - Page 1 (4). Inspection. The Administrator shall cause an inspection of the ,gone lot for which each permit for a new sign or for modification f an existing sign is issued during the sixth month 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 permit shall lapse and become void. If the construction is complete and in full compliance with this ordinance and with the building and electrical codes, the Administrator shall issue the appropriate permit(s) to be held by the owner of the sign and be held as a permanent record of compliance with this code, If the construction is substantially complete but not in 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 rot corrected by such date, the permit shall lapse. If the construction is then complete, the Administrator shall issue the permits as described above. 2 ,2 . No n con fo rm in g Signs # r • • r * i } ill x . Existing s that do not conform to the provisions of these re labors but were le al . -n olace prior to the adoption or application of this ordinance are considered non- conforming All non-conformsigns shall be removed or brought into compliance with these ref4ulations as follows: opffilm i aWIM M A F 1 i J ! i # # a W, 11101, 11 i i s i s a i IIFVALsm i W •pil i i M4 y4 i1F # +` 0 y i i f # i *mpa"M N Ad. am * W oil It If s # V • All ordill* i a► 0 *— i A i . # i i ii i * � � IN •! i A i # yy 14 T i wAsen�gi ft gab Sit iiii Lm. ON lei &'V*iiTWV�A � f M M � ! � •# i MlR i! a * # # ! PA * &Ammm i i # � ill # I Now moo #F i a * All • M� i i w + i i i a a lam,a # i Ak pill� /F IF M i #EWl A i i rd OWN i Ammur AM � r a # i i ! Sign Regulations - Page 1 �. yN a i it # i ! w s ■ # rt # f i * i w w r r + Ili i � aim A AV s# i ► w M . V # t i All + # i w w w M .r # f r MI w '# !Ilk -Will LF V M W 94 i 11110 1* # i * # i i * 7 # 0,11111 i r141011 t* + i * r +` i t AV i a► * a + ♦ F i rs 4dr M+r A I* ■ i ri s w i i # w + * #LVI ILT # fi ! 0 0 11111 + • iti Aw R i �► .F R t # + i A i I # i 4 EM. R• �F i a a i #i i A+# M.'s all ft�.dllL *49 4 4 LM * IF 10 01 tit # ■ + •L i + a # # IIF ■ * IM i !INN 111WWAMMI # a •A ":n C Z-11"I'll. -%-mA aff h I ( ;:n LOf • •eaf ko %e41-&-ktXj1L-L-L"T-%' s • r s r a 11 yy f . Electronic messawre boards or si.ans that blink flash or chanft-ftce co n less than � e second increments is or do not display time and temperature shall be bigi!ght into compliance with reRard to divlayed messages w t in one (b). Signs, on and off -premise, that have been damaged by fire, 0 wcl, or other involuntary cases, except in the ease o vandalism, in excess of 50 of current or replacement cost shall be brought into comMiance imme atel oor replacement: tfr case vandalism I sign may be restored to original condition it done within six (6) months. (c). Signs, on and off -premise, which are voluntarily destroyed or removed (except for maintenance not involving structural modification), by owner, manager or operator o shall be brouizht into COMDfiance immedlate1v upon rep _ ceme • i � Ak i i s i ! � t a� • � AF ■ # Sign Regulations - Page 20 (e). Signs requiring structural modifications to accommodate can e or co shall be brought into cow Uan on replacement. - e_* i t i /4 r r r r i .. WO& . a + r Al r r w + #i 1k + # • yF #F # A t w w i f � i W R + + N A # i � . Discontinued signs shall e ron �t into Compliance im . iatgl i11V t i liA � rt.11 rt�a rt • + • ILIA, ellrreeted. rt r so ns which were unlawfully erected shall be brou2ht into compliance irnrn.ediatel . Sigps that are re laced relocated reconstructed or requirimy structural modification shall be brouaht into corn Hance i.medatel , (k). S* ntaining removable or re laceale panels shall be ---------------- t ro lit into compliance ce when more than 50r e t of the si n area or sizn panels are replaced or modified. (1). the evert additional right-of-way is ourchased by a o emment agency, n affected si n that must relocate due to the increased right-of-way shall be brouAt into corn Hance when re laced. Exemption for Historic Signs. Notwithstanding the general and specific provisions o . this chapter, certain nonconormin.g signs that are deemed to have historical significance may be retained, preserved or restored. �4- �� +.< �+ry �t.w .a ��c a. v,w. �. ,R �.r v.w. v.w.w .+wfiw Ri�'�h tiJ� • ti;�a3.ri�vry vrrsi V V 111���FV• ir1iV • 1 •n Ci rt f 1 ti l ei 'ss: if there is nestion 1�eyarding the historical 5iRnificance of a._sjit will be subject to review and Sign Regulations - Page 2. approval by the Architectural Review Committee who shall consider the following.criteria: a�. he sign der o .strates characteristics of style, function, method of construction., workmanship, design, or materials that gives the sign its historic identity and associate 1t with specific plaice, time, or cultural pattern. (b). The sign is an integral part of the original architecture and has an association with they-bildi . (c). The sign is at least thirty 3 years old. If less than thirty years, then a finding of exceptional importance of historical significance shall be made. 11111" RFMM A + iIF a M. �F rr MA � s r w w +! * i it * A i ; # i •F i f W # L + � i i r III I w # . w ■ I i � *� JKI IV MIN i� I iii liiill s r w a wMg ain 2 .2 .160: Violations. Any of the following shall be a violation of this ordinance and shall be subject to the enforcement t remedies and penalties provided by this ordinance, by the zoning ordinance, and by state law: (1). To install, create, erect, or maintain any sign in a way that 1s inconsistent with any plan or permit governing 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 permit; (3). To fall to remove any sign that 1s installed, created, erected, or maintained in ,violation of this ordinance, or for which the sign permit has lapsed; or (4). o continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the ealty 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 * ' : Enforcement an Remedies. Any violation or attempted violation of this Chapter or of any condition or requirement adopted pursuant hereto may be 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 be 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 same zone lot; (2). Seeking; an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correct.ion of the nonconformity- (3). mposin ; any penalties that can be imposed directly by the city under the zoning; ordinance; (4). Seeking in court the imposition of any penalties that can be I mposed 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 building code for such circumstances. ces. The city shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning ordinance. All such remedies provided herein shall be cumulative. o the extent that state law may limit the availability of a particular reedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. 2 .2 ..1. : 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 written orders of removal or repair. After removal or demolition of the sign., a notice shall be mailed 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 Administrator together with an additional ten 10 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 2 and will be certified as an assessment against the property together with a ten (10) percent penalty for collection in the same manner as the real estate taxes. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Administrator, as in the case of a leased sign. 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 completed application is not acted neon within ten 10 days of receipt b the administrator or if the applicant is denied a permit. Appeals to the board may also be made pertaining to a notice of violation. The appeal procedure is set forth in Chapter 27.32. All appeals to the Board of Adjustment shall also include a recommendation by the architectural review committee. The action being appealed shall be held In abeyance pending the decision of the board. , .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 unique hardship due to the special circumstances of a particular property. The variance procedure as set forth in Chapter 27.33 shall not be used to circumvent these regulations or be used to gain special treatment. "Unique Hardship" shall not be broadly interpreted or apply to general situations o economic hardship. All variance requests to the Board of Adjustment shall also include a recommendation from the architectural review committee. Sign Regulations -Page 24 OTHER AMENDMENTS L Reference to signs in each zonin d .str ct: Reference will e made to the sign ordinance in the sections governing each zoning district in the sa-me manner as setbacks, fences, etc. e.g. Section 27r1 .o 0 8 Signs. Refer to Chapter 27.24. 2. Permit Fee Structure: A new fee structure based on the number of square feet rather 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. 3. Amend the definition of "Sign" to read "Any device, structure, fixture,, ttra t t object; holopFraphic, -`ecte or electronic i�a e l t.n or • or placardus* ng graphics, symbols, ardor written copy designed specifically for the purpose o advertising or identifying any establishment, product, goods, or ser iee." Section 2 / \ I f1Q! "216• • ete/ olo�ngr # r ` r # + r r • + a Amend as .follows: Electronic Message Board r L4 Any sign that uses changing fights to form a sin message or messages wherein the sequence of messages and rate o clan e is eleetroncal ro rammed and can e modified by electronic processes. . Add a definition for Discontinued Sign s follows-, `` i. ch no identifies or advertises a bona fide business service roduct o.r ... aefivity on the Property here it is located." . .add a section to allow a sign for Home occ at�or�s tender �'.�. �o. walk i flush mounted to the build.ing..not to exceed six square feet may allowed in association with a home occupation.