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2. Temporary SignsIlan M Department 201 1" Avenue East Kalispell MT 59901 Phone: (406) 758-7940 Pax: (406) 758-7739 www.kafispeU.com/plannin g MEMORANDUM REPORT TO: Kalispell Mayor and City Council Myrt Webb, Interim City Manager ''ROM* Toni. Jentz, Director SUBJ=T: Temporary Signs MEETENG DATE: December 22, 2005 - work Session Reguuest: A local home builder has asked the council to consider allowing off - premise temporary signs advertising and directing the general public to open houses, model homes and sales offices located in residential areas of Kalispell. The purpose of the signage is to increase awareness and direct the traveling public to the open houses throughout the week. Issue: Section 27.24.30 (8) of the Kalispell zoning Ordinance generally prohibits temporary signs except for a series of special customary cases listed under section 27.24.050 (1). These specifically allowed temporary signs are to be placed on the property where the activity is happening and carry with therm a limiting time factor. They include for example signs denoting a contractor actively involved in building a structure or building (to be taken down after the building is completed) , on -site real estate signs advertizin.g the specific property for sale (to be taken down upon sale of the property), political and campaign signs (to be taken. down 14 days after the election.) and temporary special events signs for commercial businesses advertizing such things as a grand opening or an annual sale limited to no more than a 14 day period within a 6 month period. Section 27.24.050(2) then goes on to set standards for these allowed temporary signs. They are prohibited in any public R/ W or any clear vision triangle at intersections; they must be stable under all Breather conditions and shall not advertise or promote any off - premise commercial enterprise or event. Purpose: The purpose of the restriction on temporary signage is threefold. 1. First and foremost, the sign code is meant to create an even playing field for people and business throughout the community. Every property owner and business is treated equally and their competition is likewise treated equally. We We have eliminated sign wars where each merchant creates a bigger, more exotic or flashier sign to grab the traveling public's attention. Concurrent with this we have adopted architectural standards to encourage better architecture throughout the community and better signage that does incorporate space for a reader board if the business needs to advertize special activity. 2. Temporary signs do pose a safety hazard for the walking, biking and driving public. Because of their lour cost nature and intentional lack of permanency, they lack a foundation or support. They typically consist of A -frame signs, signs stuck in the ground, card board and paper nailed or taped to some solid object, boards balanced against pails, tires or another board, etc. Temporary signs are typically placed as close to the travel way as possible to attract ones attention. Consequently, they are found in the Rf w, on sidewalks, at intersections, straddling driveways and business accesses, attached to telephone poles, traffic signs and fire hydrants. They are placed in travel ways and in parking lots. They are scattered around gas station lots and at the front entrances of buildings. 3. Temporary signs are an aesthetic nuisance. They tend to proliferate like wild flowers, but are not nearly as beautiful. Because they have a low value they tend to not be maintained and are of extremely low quality, in other words, they are expendable. They are placed in the boulevards, next to the street where they are most viewable creating a less than desirable image for the community. Background: The city has prohibited the general display of temporary signs since 1992. This was reaffirmed during a council review of the sign code in 2002 and 2006. In terms of enforcement, city staff has continually enforced this provision since 1992. With the hiring of code officer, Paul Jacobs in I'l1lay, 2005, the enforcement became routine. with the code officer position vacated, the planning office continues to do a once a weep drive -through of the main commercial sections of town and some of the busier residential. streets. On average we find 5 -- S temporary signs a week. Typically we stop and tell the owner the sign needs to be removed and the party typically complies. If they fail to comply our policy is to reinspect the property the next creek and talk to them again. If no compliance is achieved, we would issue a citation (like a parking ticket) through city court. This system requires very little time and has proven to be very effective. Once a routine enforcement program is undertaken, as in the past 3 1/2 years, the re -occurrence of temporary signs is small as seen throughout our community today. Temporary signage appears to follow 3 general patterns. First is the out of town sales campaign which conies through town. By way of example in the past F months we had several large sales in town including new and used cars in Kalispell. and Evergreen, tool sales on a vacant lot, a dot corn company selling foreclosed property in Whitefish and an out of town company advertiser with his "we buy houses" signs. Each of those cases involved 5 - 15 signs per event typically scattered up and down the major streets and typically left behind after the sale. we typically contact the business if we can find them and ask them to remove the signs, if no contact can be made; we collect the signs and made; we collect the signs and store therm for a period of time waiting for the owner to retrieve them. The next type of temporary sign violation is the business advertising the latest special, i.e. the espresso stands, cell phone companies,, gas station convenience stores, fast food restaurants and casinos. They typically involve a new manager taking over who is unfamiliar with the sign code. we contact the new manager and explain the code and compliance is usually good until there is more staff turnover. The third type of temporary sign issue historically has been the open house, model home or real estate sales office signage which advertises property significantly off the beaten path (not on the main road where the sign is posted) . Open houses in. Kalispell have historically occurred on Sunday and very occasionally on Saturdays. Private owners and realtors tend to blanket the key intersections along major roads with "open house this way" signs. They are up for a fear hours typically 1 - 4 in the afternoon and it is a onetime affair. we do not enforce those and the owners are good about collecting them.. M rna TeM issue: The latest type of issue to surface with temporary signs is the off premise real estate sign that is becoming more permanent in nature, i.e. not up for a few hours on Sunday afternoon, but up permanently or every day in the afternoons as Myrna requested. They tend to advertise or promote open houses, model homes or sales offices for projects which are off the beaten path and f or which have chosen not to use the multiple listing services (realtors). Their focus is to lead the average public to the property by use of signage placed on either someone else's private property or in the R/w. Signage could be either as simple as a single sign at a major street intersection to a series of signs leading one through the streets of a subdivision to a particular project or a single house. Examples include: Major projects such as The Meadows Condominium development and the Northlands Development. The Meadows lies 1f2 mile merest of Four Mile Drive and Highway 93 and they regularly placed their signage on the Kids Sports property at the corner of Highway 93 and Four Mile Drive. Northland lies 1I2 mile west of the Northridge and Highway 93 intersection and they regularly placed their advertising, which included directional and pickup mounted signs, at the Northridge and Highway 93 intersection to direct traffic down Northridge Drive to the Northland. project. A home builder such. as R.on. Terry Construction that builds either a few or the majority of houses in someone else's development but seeks advertising and exposure. They maintain a sales office as a model home and to market it, plus one or more other houses in the development. They tend to be on -site for one or more years as lots are available and they find customers to build for. In this case there may be more than one builder and thus more than one sales office or long term open house in the development. The final typical person is the lone lot owner or lone homeowner who wants to self -market or sell their house and places signs at key intersections leading people from a major road into their development and to their own property. Discussion: The request by Myrna is to allow a certain amount of off -premise directional and advertising signage. with signage, our court systems have affirmed that we are required to be content neutral. That means with temporary signs or signage in general, we can look at the size, height, setbacks, location and total area of a sign. we can differentiate whether it advertises on -site activity (site specific real estate sign, business signage, etc) or off premise advertising (bill boards) . we can regulate appearance (blinking, flashing, rotating, etc) . we cannot regulate the message. 'Thus with Myrrh's request, while her individual request may be xrinor, insignificant and well intentioned, it is extremely difficult to craft a standard or limit that does not open up the flood gates. Myrna's request is to advertise or direct someone to an activity that does not occur on the immediate property where the sign appears. Unfortunately, in trying to craft a solution for Myrna's request, there is no real difference between her request to place 1 -- 3 signs daily through a subdivision for her open house, than there is for any other lot owner or homeowner who wishes to sell their home or lot. Furthermore it would be difficult to restrict anyone with a business off the beaten path to likewise advertise or direct traffic to their property, even if it is just during business hours. This could include a church, a private school, a day care or a hone business in a residential area. In a commercial area this could include any business, such as a Super one, which is not on the "beaten path". Current 'Trends: Staff has recognized this issue in recent subdivision and has worked with developers to address this concern. within. new Planned Unit Developments such as Starling or Silverbrook we do make provision up front for a "Sales office". It is planned into their program from the start as part of their marketing program.. This will serve well to address the initial sales and marketing needs of the major development. We still end up relying on the traditional methods of sales marketing for the existing developments and for those homeowners in the newest developments who are re -selling their houses after the initial sale by the original developer - that being the real estate industry, newspaper and intern.et ads, word of mouth and on -site real estate signs. Recommendation: Maintain our current policy.