2. Non-Conforming Signs (50% Modification Rule)City of Kalispell
Planning & Building Department
201 1" Ave East, Kalispell, Montana 59901
'Telephone: (406) 758-7940
Fax: (406) 758-7739
Website: www.kalispell.com
REPORT TO: Honorable Mayor and City Council
FROM: Tom Jentz, Director
James H. Patrick, City Manager
SUBJECT: Non -Conforming Signs (50% modification rule)
MEETING DATE: April 14, 2008 (work session)
BACKGROUND. At a work session on February 11, the City Council discussed
non -conforming sign regulations for the City, and particularly how they applied to the
Days Inn/ Glacier Peaks property on Highway 93 North. As you remember, Days Inn
had both a free standing sign with reader board and a roof mounted sign which they
changed to read "Glacier Peaks" without the benefit of a sign permit. Staff has
continued to work with the applicant regarding their signage to help them through the
process.
Under current sign regulations both of the old Days Inn signs were non -conforming
and were installed prior to 1992. Because both of these signs have been modified by
more than 50%. the sign code requires that they be brought into compliance with the
current sign regulations. In the case of the freestanding sign, it could stay in its
current location but it would have to be lowered 4 feet. The reader board however
exceeds the maximum 25% allowed per sign face and would have to be accordingly
reduced in size. The roof sign also would have to be moved to a location flush against
the wall without extending over the roof line as new roof signs are not allowed in the
city.
The council directed staff to develop amendments to help alleviate this situation.
Included in this memo are proposed amendments which would help resolve the
situation with minimal changes to the code. First, staff recommends that the 50%
modification rule (which requires that when any non --conforming sign is modified more
than 50%. the whole sign should be brought into compliance with the current code) be
modified to apply only to freestanding signs, with any building -mounted signs such as
wall signs or roof signs allowed to continue its non -conforming status if the structural
framework is not altered.
Second, our current regulation governing reader boards allows only 2 5% of the sign
face to be reader board. There was a concern that with the advent of electronic, video
and LCD reader boards that they would begin to dominate the community street
scape. Staff recommends that we keep electronic reader boards at the current 25%,
but that we increase the allowable percentage of manual reader boards to 50%.
Non -Conforming signs
April 8, 2008
Page 2
Under this scenario, the Glacier Peaks free standing sign would still have to be
reduced in height by 4 feet and the reader board would need to be consolidated
(moved up) to the main sign area. The roof sign could remain untouched. With these
minor modifications the owners would be able to obtain a permit for both signs.
The specific amendments are as follows:
27.24.060: General Standards for all Signs.
(2) An electronic message board provided it displays time and temperature a
minimum of every 30 seconds.
"FA%.1 t_L.U64AX &.0 �� / V X..f IL %. .L X*wr I 'T afea
. The
electronic message shall not change in increments of less than five seconds
and shall not use flashing or blinking characters. The use of red and ereen
lights in the displayd4play and streamin video AQ, wh_JL
jjLjL CLQr LLA 61 !tilln �IS'QE
With frA ffia �ci joh Qn vaa AV "rdar,' are prohibited.
(5) A sin may include electronic and manually changeable reader boards.
No more than 25 % of any sign area may incorporate an electronic reader
board and no more than 50% of anv sin area may incorporate a
manually changeable reader board. In no event shall the percentage of
sipn area occupied bv reader board exceed 50%. The reader board portion
shall be architecturally *incorporated into the overall design of the sign. No
such sign shall be considered to be architecturally incorporated unless the
reader board is contiguous to the remainder of the sign face and is bounded by
the same or similar framework.
27.24,150: Nonconforming Signs and Signs Without Permits. Existing signs that do not
conform to the provisions of these regulations but were legally in place prior to
the adoption or application of this ordinance, are considered non -conforming. All
non -conforming signs shall be removed or brought into compliance with these
regulations as follows:
(5}. Discontinued freestand n signs shall be brought into compliance
immediately unless part of a multi -panel sign subject to Section
,27.24.1.
(S). Freestandin sgigns containing removable or replaceable panels shall be
brought into compliance when a cumulative total of more than 50% of
the sign area or sign panels are replaced or modified.
RECOMMENDATION: Staff should be directed to proceed with the proposed zoning
text amendment.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Tom Jentz ames H. Patrick
Director City Manager
Report compiled April 8,, 2008
C: Theresa White, Kalispell City Clerk