4. Sign OrdinanceCHAPTER 27
ZONING REGULATIONS
ARTICLE XXIV. SIGN REGULATIONS
SECTION:
27-24-010
27-24-010:
Purpose
27-24-020:
Scope
27-24-030:
Signs Prohibited
27-24-040:
Permits Required
27-24-050:
Signs Not Requiring Permits
27-24-060:
General Standards For All Signs
27-24-070:
Sign Area Allowances
27-24-080:
Regulations For Specific Categories Of Signs
27-24-090:
Permitted Signs In Zones R-1, R-2, R-3 And R-4
27-24-100:
Permitted Signs In Zones R-5, RA-1, RA-2, RA-3, H-1, B-1,
P-1 And PUD
27-24-110:
Permitted Signs In Zones B-2, B-3, B-4, B-5, 1-1 And 1-2
27-24-120:
Construction Standards
27-24-130:
Maintenance
27-24-140:
Sign Permit
27-24-150:
Nonconforming Signs And Signs Without Permits
27-24-160:
Violations
27-24-170:
Enforcement And Remedies
27-24-180:
Removal Of Signs By The Administrator
27-24-190:
Appeals
27-24-200:
Variances
27-24-010: PURPOSE: The purpose of this Article shall be to coordinate
the type, placement and physical dimensions of signs within
the different land use zoning classifications of the City; to recognize the
commercial 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; to improve pedestrian and traffic safety; to enhance the natural
scenic qualities of the area; to minimize the possible adverse effect of signs
City of Kalispell
27-24-010 27-24-030
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 of the display, erection, use and maintenance of signs. The
use of signs is regulated according to zoning classifications. No sign shall
be permitted as an accessory use to a permitted or conditionally permitted
use except in accordance with the provisions of this Article. (Ord. 1175,
3-19-1992)
27-24-020: SCOPE: This Article 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; flags of any
nation, government or noncommercial organization; gravestones; religious
symbols; commemorative plaques; decorative holiday light displays; the
display of street numbers; or any display or construction not defined herein
as a sign. (Ord. 1175, 3-19-1992)
27-24-030: SIGNS PROHIBITED: The following types of signs are
prohibited in all districts. No permit shall be issued for the
erection of any signs prohibited by this Section.
A. Abandoned signs.
B. Inflatable signs, tethered balloons, searchlights, beacons (except as
allowed in subsection 27-24-050A3 of this Article).
C. Banners, except as otherwise permitted by other City standards or
policies on public property or rights of way.
D. Signs imitating or resembling official traffic or government signs or
signals.
E. Snipe signs or signs attached to trees, telephone, electrical poles,
public benches, street lights, or placed on any public right of way.
F. Signs placed on vehicles or trailers which are parked or located for
the primary purpose of displaying said sign. (This does not apply to
allowed portable signs or to signs or lettering on buses, taxis, or
vehicles operating during the normal course of business.)
G. Roof signs, unless architecturally incorporated into the facade of the
building.
City of Kalispell
27-24-030 27-24-050
H. Portable signs, except as otherwise permitted in subsection
27-24-050A3 of this Article.
I. Mechanically animated and/or flashing signs (see also subsection
27-24-060A of this Article). (Ord. 1175, 3-19-1992)
27-24-040: PERMITS REQUIRED: Unless otherwise provided by this
Article, all signs shall require permits and payment of fees as
described in Section 27-24-140 of this Article. No permit is required for the
routine maintenance of a sign. (Ord. 1175, 3-19-1992)
27-24-050: SIGNS NOT REQUIRING PERMITS: The following types of
signs are exempted from permit requirements but must be in
conformance with all other requirements of this Article:
A. Temporary Signs: Signs erected on a temporary basis, such as, but
not limited to, the following categories of signs:
1. Construction Signs: No more than one 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.
2. Real Estate Signs: One two (2) faced sign per lot not exceeding
six (6) square feet per sign face in residential districts or sixteen (16)
square feet in other districts.
3. Special Event Displays: One portable sign, banners, balloons and
pennants may be erected on the premises of an establishment in a
commercial or industrial zone having a grand opening or special
event; provided, that such signs shall be displayed for a period not to
exceed seven (7) calendar days within any three (3) month period
and with the written approval of the Zoning Administrator.
4. Political Signs: Signs advocating support for a candidate or ballot
issue; individual signs not to exceed six (6) square feet per sign face
in residential districts and sixteen (16) square feet per sign face in
other districts and erected not more than thirty (30) days prior to,
and removed not more than one week after, the election or event to
which the sign pertains.
City of Kalispell
27-24-050
27-24-060
5. Garage, Yard Sales: Signs associated with neighborhood garage
or yard sales or similar function. Such signs must be removed within
one week following the sale.
B. Directional Signs: A sign, other than a government sign, not more
than four (4) square feet which provides directions for traffic flow to
places of business. These signs shall not contain a name or logo of
the business.
C. 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 sixteen (16) square feet in sign
area.
D. Interior Window Signs: Any incidental signage erected inside of 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.
E. Subdivision Identification Signs: One nonilluminated sign not to
exceed sixteen (16) square feet in area or two (2) nonilluminated
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.
F. Government Signs: Any sign erected by a government agency (e.g.,
traffic signs and legal notices) and signs indicating utility locations.
G. Nameplates: One per dwelling or tenant names at main entrance of
any nonresidential use not exceeding one square foot per
nameplate.
H. incidental signs (see definition).
I. Works of art that do not include a commercial message. (Ord. 1175,
3-19-1992)
27-24-060: GENERAL STANDARDS FOR ALL SIGNS:
A. Electronic: Signs shall not rotate, move, flash, change or blink,
except if utilized by a government agency for public safety or
information. An electronic message center (automatic changeable
City of Kalispell
27-24-060
27-24-070
copy sign) may display changing information but shall not flash or
blink the message or picture display.
B. Illumination: Signs, if illuminated, shall be lighted by continuous,
stationary, shielded light sources, directed solely at the sign, or
internal to it. Shielding is not required if exposed bulbs are eleven
(11) or less watts.
C. Reader Board Signs: Portable or movable reader board signs (see
changeable copy sign; manual) shall be prohibited except when used
to announce a temporary event (see subsection 27-24-050A3 of this
Article), or when used in conjunction with temporary businesses,
provided said sign is placed at least fifteen feet (15') back from the
public right of way.
D. Sign Area For Reader Board: No more than seventy five percent
(75%) of any sign area may incorporate a reader board. The reader
board portion shall be architecturally incorporated into the overall
design of the sign.
E. Attached Signs: Signs attached to buildings shall not extend above
the wall to which they are attached unless erected to comply with
subsection 27-24-03OG of this Article.
F. Freestanding: The advertising display area for freestanding signs
shall include no more than two (2) faces, except that more than two
(2) faces may be permitted for signs serving multiple businesses
(see subsection 27-24-080C of this Article). The advertising display
area for wall signs shall be limited to a single sign face.
G. Off -Premises Within Residential District: No off -premises sign shall
be located in any residential zoning district except as may be
associated with incidental neighborhood sales (as per subsection
27-24-050A5 of this Article). (Ord. 1175, 3-19-1992)
27-24-070: SIGN AREA ALLOWANCES: The maximum sign area
allowance for a particular property shall be calculated as per
subsection A or B of this Section, unless otherwise specified in this Article.
Sign area allowances shall only be applicable to developed properties, and
shall include all conforming and nonconforming signage for which permits
have been issued per Section 27-24-150 of this Article. (Ord. 1175,
3-19-1992; amd. Ord. 1188, 4-5-1993)
City of Kalispell
27-24-080
A. Building Frontage Length:
1. When building frontage is less than two hundred feet (200'), the
maximum sign area for the property shall be equal to three (3)
square feet for each lineal foot of building frontage length.
2. When building frontage exceeds two hundred feet (200'), the
maximum sign area shall be equal to four hundred (400) square feet,
plus one square foot for each additional lineal foot of frontage
beyond two hundred feet (200').
3. As applicable to shopping centers or lots containing multiple
businesses or where common signage is shared between two (2) or
more adjacent lots, the calculation of allowable sign area shall be as
per subsection Al and A2 of this Section, except the square footage
allowance increases to three and one-half (3'/2) square feet and one
and one-half (11/2) square feet, respectively.
4. 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, the owner of a building may designate the
one building frontage which shall be used for the purpose of
calculating the sign allowance.
B. Lot Length: In lieu of using the length of building frontage as a
means of calculating sign area allowance, the calculation may be
based on a ratio of one square foot of sign allowance for each lineal
foot of lot frontage along a single public road. (Ord. 1175, 3-19-1992)
27-24-080: REGULATIONS FOR SPECIFIC CATEGORIES OF SIGNS:
A. Freestanding And Ground Signs:
1. The advertising display area per sign face shall not exceed two
hundred (200) square feet except as otherwise permitted by
subsection C of this Section.
2. A single sign may be permitted on a lot having at least thirty feet
(30') 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 feet (500'). Under this provision, a corner lot
with frontage along two (2) public roads is eligible for a sign along
each frontage.
City of Kalispell
3. Signs shall be set back a minimum distance of fifteen feet (15')
from any side property line. This requirement need not apply to
corner lots where the side property line is a public right of way. No
sign shall be erected or extend over any public right of way.
4. Height, area and front yard setbacks of signs shall be permitted in
accordance to Table 1.
Table 1
Distance From Street
Right -Of -Way Line
(Feet)
Maximum Height
Above Grade
(Feet)
Maximum Size
Allowed Per Face
(Square Feet)
0-10
15
60
11-20
20
80
21-30
22
90
31-40
24
120
41-50
26
150
51 and greater
28
200
5. Single -faced freestanding and ground signs shall be set back from
the street right-of-way line according to the provisions of this Section
(Table 1). When any sign is placed on property that has only one
street frontage, the required setback shall be 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 the street right-of-way line at the street to which the
sign face is most nearly perpendicular.
6. Double-faced freestanding and ground signs shall be set back
from the street right-of-way line according to the provisions of this
Section (Table 1). Any such setback shall be measured from the
street right-of-way line at the street to which the sign faces are most
nearly perpendicular.
7. When any freestanding or ground sign is placed at a forty five
degree (450) angle on property located at the intersection of two (2)
dedicated public streets, the required setback may be measured
from either of the street right-of-way lines involved.
City of Kalispell
27-24-080
27-24-080
8. Signs within fifty feet (50') (measured along the street right of
way) of an intersection, which exceed forty two inches (42") in
height, shall be set back at least fifteen feet (15') from the street
right-of-way line or shall maintain free air space between a height of
forty two inches (42") above the adjacent street elevation and a
height of seventy two inches (72") above said elevation. A
freestanding sign shall not be construed to have free air space if
such sign has a base which is greater than fifty percent (50%) of the
width of its face or three feet (T) wide, whichever is smaller.
9. When electrical service is provided to freestanding signs or
ground signs, all such electrical service shall be underground and
shall be in accordance with the National Electric Code.
B. Wall Signs:
1. 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.
2. In situations involving corner lots, where the total allowable sign
area is calculated using frontage measurements along two (2)
streets, no more than seventy five percent (75%) of said allowable
sign area can be distributed to any single building frontage.
3. Under -canopy, marquee signs which are parallel to the face of the
building shall be deemed to be wall signs and are not subject to the
twelve inch (12") or less extension requirements.
C. Signs For Shopping Centers And/Or Multiple Businesses:
1. All signs of a shopping center and/or lot containing multiple
businesses (more than 1) 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 building. A common signage plan can also be
prepared for businesses on two (2) or more adjoining lots.
2. A twenty five percent (25%) increase in the total sign area
allowance as set forth in subsection A4 of this Section shall apply to
freestanding signs that are subject to a common signage plan.
3. Advertising for multiple businesses sharing a common zoning lot
shall be incorporated into a single freestanding sign consistent with
the provisions of subsection 27-24-070A3 of this Article and
City of Kalispell
27-24-080
27-24-080
subsection A of this Section. Freestanding signs shall not be
permitted to any single business or tenant.
4. No outside building signage (other than ground or freestanding
signage) is permitted for mall businesses where the businesses are
accessed from a common interior entrance. This exclusion shall not
apply to wall signage of anchor tenants.
D. Projecting Signs:
1. The sign shall be erected at right angles to the building face and
be at least eight feet (8') above grade.
2. The maximum area per sign face shall not exceed fifteen (15)
square feet.
3. Signs extending over a public right of way shall not extend to
within two feet (2) of the curb of the street or beyond forty eight
inches (48"), whichever is less.
E. Marquee Signs:
1. No marquee sign shall project above the top of the marquee upon
which it is mounted.
2. No marquee sign shall project from the face of a marquee.
3. Under -marquee signs, which are perpendicular to the face of the
building, shall be deemed to be projecting wall signs.
4. Under -marquee signs, which are parallel to the face of the
building, shall be a minimum of eight feet (8') above grade and shall
be deemed to be flush wall signs.
F. Canopy Signs:
1. No canopy sign shall project above the top of the canopy upon
which it is mounted.
2. No canopy sign shall project from the face of an canopy.
3. Canopies on which canopy signs are mounted shall be at least
eight feet (8) above any public right of way, except that any valance
attached to a canopy may be only seven feet (7') in height above a
public right of way.
City of Kalispell
27-24-080 27-24-080
G. Billboards:
1. No billboard shall exceed two hundred eighty eight (288) square
feet per sign face.
2. No billboard structure shall exceed a maximum height of twenty
eight feet (28').
3. No billboard may be constructed within three hundred feet (300)
of any other billboard located on the same side of the road right of
way and facing the same traffic flow. Distance shall be measured
along the nearest edge of pavement of the road near whose right of
way the sign is located.
4. 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.
5. No billboard shall be constructed along a road which is not a
Federal or State highway.
6. 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 the effective date hereof, no billboard shall be
constructed without first removing billboards 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 a lawfully existing billboard. 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 permit which corresponds to the number of sign faces
to be replaced. The total number of billboard faces in the City limits
shall not exceed eighteen (18), except that property occupied by
billboards, which is annexed to the City, after the effective date
hereof, shall be subject to the provisions of Section 27-24-150 of this
Article, and billboards located thereon may remain, but shall not,
thereafter, be relocated.
7. Any billboard, except those subject to annexation as specified in
subsection G6 of this Section, 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 within
five (5) years following the enactment of this Ordinance; provided,
City of Kalispell
27-24-080
27-24-100
that billboards located within one thousand five hundred feet (1,500')
of the intersection of Main and Idaho Streets shall be relocated
within twenty four (24) months following enactment of this Ordinance.
8. Whenever a parcel of land containing any billboard is rezoned, or
annexed and zoned, to one of the prohibited zoning classifications,
the billboard shall be removed within five (5) years of the rezoning
or, in the case of annexation, within five (5) years of the date upon
which a City zoning classification is imposed 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 27-24-110 of this Article, in accordance with
subsection G6 of this Section. (Ord. 1175, 3-19-1992)
27-24-090: PERMITTED SIGNS IN ZONES R-1, R-2, R-3 AND R-4:
A. Temporary signs listed in subsection 27-24-050A of this Article.
B. One nonilluminated freestanding or ground sign, not exceeding
twenty (20) square feet in area per face, in connection with a
permitted or conditionally permitted nondwelling use.
C. Illuminated subdivision identification sign not exceeding twenty (20)
square feet per sign face.
D. No sign shall extend more than six feet (6) above the natural grade
elevation. (Ord. 1175, 3-19-1992)
27-24-100: PERMITTED SIGNS IN ZONES R-5, RA-1, RA-2, RA-3, H-1,
B-1, P-1 AND PUD:
A. Temporary signs listed in subsection 27-24-050A of this Article. (Ord.
1175, 3-19-1992)
B. One freestanding or wall sign per developed multi -family or
nonresidential use. The sign area shall be limited to a maximum of
twenty four (24) square feet per sign face and the height shall not
exceed six feet (6') above natural grade, except for B-1 Zone where
the sign area shall be limited to thirty six (36) square feet per sign
face and height shall not exceed six feet (6') above natural grade.
Nonresidential uses in the H-1 Zone are permitted one such sign per
street frontage and an additional single sign on the front of the
City of Kalispell
; W_. �0%
27-24-120
building. (Ord. 1175, 3-19-1992; amd. Ord. 1211, 8-15-1994; Ord.
1215, 11-2-1994)
C. Illuminated subdivision identification sign not exceeding twenty (20)
square feet per sign face. (Ord. 1175, 3-19-1992)
27-24-110: PERMITTED SIGNS IN ZONES B-2, B-3, B-4, B-5, 1-1 AND
1-2:
A. Signs listed in Section 27-24-050 of this Article.
B. Freestanding and ground signs.
C. Wall signs.
D. Projecting signs except on Main Street in the Redevelopment Area.
E. Freestanding multiple business sign.
F. Canopy signs.
G. Marquee signs.
H. Off -premise signs except in zoning classification B-4 when the
location and size complies with all other provisions of this Article.
I. Billboards except in zoning classifications B-4 and B-5 and not within
one thousand five hundred feet (1,500') of the intersection of Main
and Idaho Streets. (Ord. 1175, 3-19-1992)
27-24-120: CONSTRUCTION STANDARDS:
A. Codes: 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.
B. Suspension: No permanent or fixed sign shall be suspended by
nonrigid attachments that will allow the sign to swing in the wind
other than under -canopy signs.
C. Freestanding, Billboard; Foundation: All freestanding signs and
billboards shall be self-supporting structures erected upon or
City of Kalispell
27-24-120
27-24-140
permanently attached to concrete foundations. Billboards shall be
erected using single -pole construction.
D. Bracing: All portable signs on display shall be braced or secured to
prevent motion.
E. Wind Speed Tolerance: Permanent signs shall be designed to
withstand a wind speed of seventy (70) miles per hour.
F. Obstructions: 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.
G. Ventilation: No sign shall be attached in any form, shape, or manner
which will interfere with any opening required for ventilation.
H. Clearance: Signs shall 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 inches
(24") horizontally or vertically from any conductor or public utility guy
wire. (Ord. 1175, 3-19-1992)
27-24-130: MAINTENANCE: All signs shall be maintained in good
condition at all times. All signs shall be kept neatly painted,
including all metal parts and supports thereof that are not galvanized or of
rust -resistant metals. Failure to properly maintain a sign shall be considered
a violation of this Article. (Ord. 1175, 3-19-1992)
27-24-140: 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 exempted as per Section 27-24-050 of this Article.
A. Application: Application for a permit for the erection, alteration or
relocation of a sign shall be made to the Administrator upon a form
provided by the Administrator and shall include the information listed
below.
1. Name and address of the owner of the sign.
2. 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.
City of Kalispell
27-24-140
27-24-140
3. The type of sign or sign structure, as defined in this Chapter.
4. 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.
5. Specifications and scale drawings showing the materials, design,
dimensions, structural supports and electrical components of the
proposed sign.
6. Length of the lot frontage and building frontage.
7. Location of ingress, egress and overhead wires.
8. Any other information that may be deemed necessary for
purposes of clarification.
9. The application fee established by the City Council.
B. Architectural Review: Signs to be located in the Redevelopment Area
are also subject to the architectural review requirements as set forth
in Article 27-23 of this Chapter.
C. Issuance And Denial:
1. The Administrator shall issue a permit and permit sticker for the
erection, alteration or relocation of a sign within ten (10) working
days of receipt of a valid application; provided, that the sign
complies with the laws of all applicable jurisdictions. In all
applications, where a matter of interpretation arises, the more
specific definition or higher standard shall prevail.
2. When a permit is denied by the Administrator, 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.
D. Inspection: The Administrator shall cause an inspection of the zone
lot for which each permit for a new sign or for modification of 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 Article and with the building
City of Kalispell
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and electrical codes, the Administrator shall issue the appropriate
permit to be held by the owner of the sign and be held as a
permanent record of compliance with this Article. If the construction
is substantially complete but not in full compliance with this Article
and applicable codes, the Administrator shall give the owner or
applicant notice of the deficiencies and shall allow an additional
thirty (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 permits as described above. (Ord.
1175, 3-19-1992)
27-24-150: NONCONFORMING SIGNS AND SIGNS WITHOUT
PERMITS: Except as otherwise provided herein, the owner of
any zone lot or other premises on which exists a sign that does not conform
with the requirements of this Article or for which there is no current and
valid sign permit, shall be obligated to remove such sign or, in the case of a
nonconforming sign, to bring it into conformity with the requirements of this
Article.
A. Signs Existing On Effective Date: For any sign existing in the City on
the effective date hereof, an application for a sign permit must be
submitted to the Administrator within six (6) months of said effective
date. The application shall include the required information of
subsection 27-24-140A of this Article, but in lieu of subsection
27-24-140A5, a photograph or other forms of documentation may be
acceptable. The Administrator shall make every attempt to contact
sign owners in the form of personal contact and written notice of this
six (6) month application period. For any sign on property annexed
at a later date, applications for sign permits shall be submitted within
six (6) months of the effective date of the annexation or within such
period as may be established in an annexation agreement between
the City and the landowner. Signs that are the subject of applications
received after the applicable date set forth in this Section shall be
subject to all of the terms and conditions of this Article and shall not
be entitled to the protection of subsection B of this Section.
B. Nonconforming Existing Signs, Permits And Terms: A sign that would
be permitted under this Article only with a sign permit, but which was
in existence on the effective date hereof or on a later date which the
property is annexed to the City, and which was constructed in
accordance with the ordinances and other applicable laws in effect
on the date of its construction, but, which by reason of its size,
height, location, design or construction, is not in conformance with
City of Kalispell
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the requirements of this Article, shall be issued a nonconforming
sign permit if an application in accordance with subsection
27-24-150A of this Article is timely filed. Such permit shall allow the
sign subject to such permit, which were made nonconforming by the
adoption of the Ordinance codified herein, to remain in place and be
maintained (grandfathered) except as otherwise set forth by
subsections B1 through B9 of this Section.
1. Signs, on- and off -premise, that blink, rotate, flash or animate: one
year to eliminate blinking, rotation, flashing or animation.
2. Signs, on- and off -premise, that have been damaged by fire, wind
or other involuntary causes, except in the case of vandalism, in
excess of fifty percent (50%) of current or replacement cost:
immediately. In the case of vandalism, sign may be restored to
original condition if done within six (6) months.
3. Signs, on- and off -premise, which are voluntarily destroyed or
removed (except for maintenance not involving structural
modification), by owner, manager or operator of business:
immediately.
4. Portable signs, festoons, inflatable signage, beacons,
searchlights: six (6) months.
5. Signs requiring structural modification: six (6) months.
6. Signs requiring a change of name: immediately, unless the use
remains the same and the sign size and shape remains unchanged
with no structural modifications except for minor modifications to the
frame that holds the message rigid.
7. Discontinued signs: immediately.
8. Off -premise signs: five (5) years unless required sooner by any of
the above schedules.
9. Signs as of the effective date hereof which were unlawfully
erected according to State or Federal law: immediately.
C. Exemption For Historic Signs: Notwithstanding the general and
specific provisions of this Article, certain nonconforming signs that
are deemed to have historical significance may be retained and
preserved. Such determination shall be made by the Board of
Adjustment pursuant to the provisions of Article 27-31. Before an
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exemption granted by variance can be made, the Board of
Adjustment shall make findings of fact based upon evidence
produced at a public hearing setting forth the sign's demonstrated
historical significance and showing that the following circumstances
exist:
1. The sign demonstrates characteristics of style, function, method of
construction, workmanship, design or materials that gives the sign its
historic identity and associate it with a specific place, time or cultural
pattern.
2. The sign is an integral part of the original architecture and has an
association with the business.
3. The sign is at least thirty (30) years old. If less than thirty (30)
years, then a finding of exceptional importance of historical
significance shall be made.
D. Exemption For Right Of Way Purchases: In the event additional right
of way is purchased by a government agency, any affected sign that
must relocate due to the increased right of way shall maintain a
grandfathered status and qualify for relocating outside the additional
right of way. (Ord. 1175, 3-19-1992)
27-24-160: VIOLATIONS: Any of the following shall be a violation of this
Article and shall be subject to the enforcement remedies and
penalties provided by this Article, by this Chapter, and by State law:
A. Unlawful: To install, create, erect or maintain any sign in a way that
is inconsistent with any plan or permit governing such sign or the
zone lot on which the sign is located;
B. Without Permit: To install, create, erect or maintain any sign
requiring a permit without such a permit;
C. Failure To Remove: To fail to remove any sign that is installed,
created, erected or maintained in violation of this Article, or for which
the sign permit has lapsed; or
D. Continued Violation: 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 Article. Each sign
installed, created, erected or maintained in violation of this Article
shall be considered a separate violation when applying the penalty
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27-24-170
portions of this Article. (Ord. 1175, 3-19-1992; amd. Ord. 1185,
4-5-1993)
27-24-170: ENFORCEMENT AND REMEDIES:
A. Specified: Any violation or attempted violation of this Article 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
Article shall be considered a violation of this Chapter. The remedies
of the City shall include the following:
1. Stop -Work Order: Issuing a stop -work order for any and all work
on any signs on the same zone lot;
2. Injunction: Seeking an injunction or other order of restraint or
abatement that requires the removal of the sign or the correction of
the nonconformity;
3. Penalty: Imposing any penalties that can be imposed directly by
the City under this Chapter;
4. Court -Imposed Penalty: Seeking in court the imposition of any
penalties that can be imposed by such court under the this Chapter;
and
5. Available Measures For Immediate Danger: 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 this Chapter and building code for such circumstances.
B. Other Available Remedies: 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 this Chapter.
C. Remedies Cumulative: All such remedies provided herein shall be
cumulative. To the extent that State law may limit the availability of a
particular remedy 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. (Ord. 1175, 3-19-1992)
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27-24-180 27-24-200
27-24-180: REMOVAL OF SIGNS BY THE ADMINISTRATOR:
A. Authority: 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 percent (10%) for
inspection and incidental costs.
B. Failure To Pay: If the amount specified in the notice is not paid
within sixty (60) days of the notice, it shall become a lien against the
property of the sign owner, and will be certified as an assessment
against the property, together with a ten percent (10%) penalty for
collection in the same manner as the real estate taxes.
C. Property Owner Presumed Sign Owner: 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.
D. Sign Defined: For purposes of removal, the definition of sign shall
include all sign embellishments and structures designed specifically
to support the sign. (Ord. 1175, 3-19-1992)
27-24-190: APPEALS:
A. Time Limit; Procedure: Appeals to the Board of Adjustment may be
made when a completed application is not acted upon within ten (10)
days of receipt by 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 Article 27-32
of this Chapter. All appeals to the Board of Adjustment shall also
include a recommendation by the Architectural Review Committee.
B. Action Delayed Pending Decision: The action being appealed shall
be held in abeyance pending the decision of the Board. (Ord. 1175,
3-19-1992)
27-24-200: VARIANCES: A variance to the regulations of this Article may
be sought for those situations where the application of these
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27-24-200
27-24-200
regulations would create a unique hardship due to the special
circumstances of a particular property. The variance procedure as set forth
in Article 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 of economic hardship. All variance
requests to the Board of Adjustment shall also include a recommendation
from the Architectural Review Committee. (Ord. 1175, 3-19-1992)
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City of Kalispell