Ordinance 1779 - FAILED - Nonconforming SignsFAILED 1ST READING—11/07/16
ORDINANCE NO. 1779
AN ORDINANCE AMENDING CERTAIN PORTIONS OF THE KALISPELL ZONING ORDINANCE
(ORDINANCE NO. 1677) AT KMC SECTION 27.22.170, NONCONFORMING SIGNS AND SIGNS
WITHOUT PERMITS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Western Neon, Inc. submitted a request to the Kalispell City Planning and Zoning Commission
to consider certain amendments to the Kalispell Zoning Ordinance regarding nonconforming
signs and signs without permits; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by the
Kalispell Planning Department, took public comment and evaluated the request pursuant to the
guidelines of KMC 27.29.020; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that removing
portions of the sign ordinance that requires nonconforming signs be brought into compliance
when there are cumulative changes of more than 50% be denied; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its recommendation to the
Kalispell City Council that requires nonconforming signs be brought into compliance when there
are cumulative changes of more than 50% be denied; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the transmittal
from the Kalispell City Planning Board and Zoning Commission and hereby amends the
findings made in Report #KZTA-16-04 as set forth in Exhibit "B" as the Findings of Fact
applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby
amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain
unchanged.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF
KALISPELL THIS DAY OF NOVEMBER, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
27.22.170: 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:
(1) Electronic message boards or signs that blink, flash or change copy in less than five
second increments or do not display time and temperature shall be brought into
compliance with regard to displayed messages within one year.
(2) Signs, on and off -premise, that have been damaged by fire, wind, or other involuntary
causes, o pt i the ease ,.rvandalism, i exeess of 50' of eth-feator- epla.a
eest shall be br-ought into eemphanee immediately Won r-eplaeemefA. in the ease e
vandalism, a sign may be festefed to ofigitW eendition if done widiin six men
(3) Signs, on and off -premise, which are voluntarily destroyed or removed (except for
maintenance not involving structural modification), shall be brought into compliance
immediately upon replacement.
(4) Discontinued freestanding signs shall be brought into compliance immediately unless
part of a multi -panel sign, subject to Section 27.22.170(7).
(5) Signs which were unlawfully erected shall be brought into compliance immediately.
(6) Signs that are replaced, relocated, reconstructed or requiring structural modification,
including modifications to accommodate a change of copy, shall be brought into
compliance immediately.
(7) Freestanding signs containing removable or replaceable panels shall be brought into
compliance when making changes to the structure of the sign. Updated branding,
architectural embellishments, painting, and changing of sign faces shall be
pennitted.w-hen . eumulative total ,.rmore than 50' of the sign area of Sim i3afl&
are plaeoa , modified.
(8) 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 be brought
into compliance when replaced.
(9) Non -conforming status for signs that blink, rotate, flash, or animate ended on March
19, 1993.