The purpose of this chapter shall be to coordinate the type,
placement, and physical dimensions of signs within the different land-use
zoning classifications of Kalispell; 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 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 chapter.
(Ord. 1677, 7-19-2010)
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; score-boards on athletic fields; flags of any nation, government
or noncommercial organization; gravestones; religious symbols; commemorative
plaques; decorative holiday light displays; traditional barber poles;
the display of street numbers; or any display or construction not
defined herein as a sign.
(Ord. 1677, 7-19-2010)
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.
(1)
Abandoned signs.
(2)
Inflatable signs, searchlights, beacons or other gas filled or air filled figures (except as allowed in Section 27.22.050(1)(c)).
(3)
Banners on public property or rights-of-way, except as otherwise
permitted by other City standards or policies.
(4)
Signs imitating or resembling official traffic or government signs
or signals.
(5)
Snipe signs or signs attached to trees, telephone/electrical poles,
public benches, streetlights, or placed on any public right-of-way.
(6)
Signs placed on vehicles or trailers which are parked or located
for the primary purpose of displaying said sign. (This does not apply
to signs or lettering on buses, taxis, or vehicles operating during
the normal course of business.)
(7)
Roof signs unless architecturally incorporated (matching colors/materials/embellishments)
into the façade of the building, and mounted on a parapet wall
or similar extension of an exterior wall. No part of the sign shall
extend over the wall.
(8)
Any temporary or portable signs except as otherwise permitted in Section 27.22.050(1).
(9)
Mechanically animated and/or flashing signs. See also Section 27.22.060(1).
(10)
Any temporary or portable sandwich board signs or other portable
signs located on public sidewalks or in the public right-of-way, except
as otherwise provided in this chapter.
(Ord. 1677, 7-19-2010; amd. Ord. 1702, 11-7-2011)
Unless otherwise provided by this Zoning Ordinance, all signs shall require permits and payment of fees as described in Section 27.22.160 of this Zoning Ordinance.
(1)
No permit is required for the routine maintenance of a sign, except
as otherwise specified in this section.
(2)
Changing a face or other component of a sign is considered an alteration of the sign and shall not be considered routine maintenance, except that the replacement of reader boards with reader boards of the same size, color lights, and type are considered to be routine maintenance, provided that a permit is obtained. Any reader board replaced under this provision shall comply with light intensity requirements for electronic reader boards as provided for in Section 27.22.070.
(Ord. 1677, 7-19-2010; amd. Ord. 1715, 8-20-2012)
The following types of signs are exempted from permit requirements,
but must be in conformance with all other requirements of this Zoning
Ordinance:
(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 sign per contractor of a building
which is under construction provided the advertising display area
of such sign shall not exceed 6 square feet in residential districts
or 32 square feet in other districts. The signs may be combined on
a single sign not to exceed 32 square feet. Additionally, one sign
is allowed which shall not exceed 16 square feet advertising the business(es)
which will occupy the lot. Such signs shall be removed within 30 days
of occupancy of the building.
(b)
Real Estate Signs. One two-faced sign per lot not exceeding six square
feet per sign face in residential districts or 32 square feet in other
districts. A subdivision sales sign up to 32 square feet is permitted
at each entrance to a subdivision, and shall be removed at 75% build-out
of the subdivision (or phase, if applicable).
(c)
Temporary signs are allowed in association with commercial and industrial
uses for special events such as grand openings or special sales for
a single period of time not to exceed 14 total days within a 6-month
period and subject to the written approval of the Zoning Administrator.
(d)
Political signs not exceeding 32 square feet located on private property.
(e)
Campaign and election signs which are removed within 14 days after
the election.
(f)
Signs associated with neighborhood garage or yard sales or similar
function. Such signs may be located on-premises or off-premises within
a residential zoning district. The signs must be removed within 2
days following the sale.
(g)
A-frame/sandwich board signs within the public right-of-way are permitted
in a district bounded by 5th Street East on the south, 1st Alley East
on the east, Center Street on the north with the western boundary
described as a line beginning at West Center Street and extending
south along 2nd Alley West to 2nd Street West and including the easterly
82 feet of Lots 7 & 8 of Block 48 Kalispell Original Townsite,
then west along 2nd St. West to 3rd Ave. West, then south on 3rd Ave.
West to 3rd Street West, then east on 3rd St. West to 2nd Alley West,
then south on 2nd Alley West to 4th St. West, then east on 4th St.
West to 2nd Ave West, then south on 2nd Ave. West to its intersection
with 5th St. West under the following conditions:
1.
Only one single or double-sided sign is permitted per lot;
2.
A minimum 5-foot wide pathway remains on the sidewalk;
3.
The sign is immediately in front of the business being advertised
and adjacent to the building;
4.
The sign is limited to a maximum of 3 feet in height and 10 square
feet per face;
5.
The sign may be displayed from 8:00 a.m. to 9:00 p.m.;
6.
Insurance coverage is provided in a manner to be reviewed and approved
by the City Attorney; and
7.
A permit is obtained from the zoning administrator.
(2)
General Standards for Temporary Signs.
(a)
A temporary sign shall not be placed on or extend over the public
right-of-way, except as otherwise provided in this chapter.
(b)
The location of a temporary sign is subject to clear vision triangle requirements and the location requirements for freestanding/ground signs contained in Section 27.22.090(1). The location is further subject to site and building access requirements.
(c)
A temporary sign shall be designed to be stable under all weather
conditions, including high winds.
(d)
A temporary sign shall not advertise or promote any off-premises
commercial enterprise or event.
(3)
Directional Signs. A sign, other than a government sign, not more
than 4 square feet which provides directions for traffic flow to places
of business.
(4)
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, subject to the height for the given zoning district.
(5)
Interior Window Signs. Any incidental signage 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.
An electronic reader board within a window shall be considered a wall
sign and is subject to review as a sign requiring a permit. Signs
in faux windows that are not intended to serve typical window functions
related to light and air shall not be considered interior window signs
and are subject to regulations pertaining to wall signs.
(6)
Subdivision Identification Signs. One sign not to exceed 24 square
feet in area or 2 signs not to exceed 12 square feet each per exclusive
entrance to a subdivision or tract. Such signs shall be restricted
to the subdivision or development name and shall not exceed six feet
in height.
(7)
Government Signs. Any sign erected by a government agency and signs
indicating utility locations.
(8)
Nameplates. One per dwelling or tenant name(s) at a main entrance,
not exceeding one square foot per nameplate.
(9)
Incidental Signs. Signs that are generally informational, that have
a purpose secondary to the use on the lot on which it is located,
such as "no parking," "entrance," "loading
only," "telephone," and other similar directives.
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidental.
(10)
Works of art that do not include a commercial message.
(Ord. 1824, 3-18-2019; amd. Ord. 1702, 11-7-2011; Ord. 1677, 7-19-2010)
(1)
Signs shall not rotate, move, flash, change or blink, except if utilized
by a government agency for public safety or information.
(2)
Signs, if illuminated, shall be lighted by continuous, stationary,
shielded light sources. Internally illuminated signs may not be lit
at night when any face of the sign is removed or damaged in such a
way that the light may distract or intrude on drivers or adjacent
properties. Signs that have exterior lighting must be lit from above
the sign and the light shielded, except that ground lighting may be
used for ground mounted signs with a solid base. In all cases, lighting
must be directed at the surface of the sign area.
(3)
Signs attached to buildings shall not extend above the wall to which they are attached unless erected to comply with Section 27.22.030(7).
(4)
The advertising display area for freestanding signs shall include
no more than 2 faces, except that more than 2 faces may be permitted
for signs serving multiple businesses. The advertising display area
for wall signs shall be limited to a single sign face.
(Ord. 1677, 7-19-2010)
(1)
Portable or movable reader boards signs are prohibited except when used to announce a temporary event [see Section 27.22.050(1)(c)].
(2)
A sign may include electronic and manually changeable reader boards.
(a)
No more than 25% of any sign area may incorporate an electronic reader
board.
(b)
No more than 50% of any sign area may incorporate a manually changeable
reader board.
(c)
In no event shall the percentage of sign area occupied by reader
board exceed 50%.
(d)
The reader board portion shall be architecturally incorporated into
the overall design of the sign.
(e)
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.
(4)
Electronic reader boards shall be set back a minimum of 25 feet from
an intersection (i.e. where right-of-way lines intersect) if the intersection
contains a traffic signal. If the reader board is located less than
25 feet from an intersection, it shall be set back a minimum of 10
feet from all right-of-way lines.
(5)
Electronic reader boards may not display light of such intensity
or brilliance to cause glare or otherwise impair the vision of a driver,
or results in a nuisance to the driver. Brightness on such signs shall
not exceed 0.3 foot candles above ambient light as measured using
a foot candle (lux) meter at a distance of 100 feet from the sign.
(6)
Prior to issuance of a sign permit, the applicant shall provide written
certification from the sign manufacturer that the light intensity
has been factory pre-set not to exceed 0.3 foot candles above ambient
light as measured from 100 feet from the display and that the intensity
level is protected from manipulation by password-protected software
or other method as deemed appropriate by the Planning Department.
(Ord. 1677, 7-19-2010; amd. Ord. 1702, 11-7-2011)
The maximum sign area allowance for a particular property shall be calculated as per subsection (1) 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 signage for which permits have been issued per Section 27.22.170. (See Figure 3)
(1)
Building Frontage Method.
(a)
When building frontage is less than 200 feet, the maximum sign area
for the property shall be as follows:
|
ZONING CLASSIFICATION
|
MAXIMUM SIGN AREA
|
|---|---|
|
B-2, B-3, B-4, B-5, I-1 and I-2
|
3 square feet per lineal foot of building frontage length
|
|
R-5, RA-1, RA-2, B-1 and P-1
|
2 square feet per lineal foot of building frontage length
|
|
R-1, R-2, R-3 and R-4
|
1 square foot per lineal foot of building frontage length
|
|
H-1
|
See Section 27.22.101
|
(b)
When building frontage exceeds 200 feet, the maximum sign area shall
be equal to the maximum sign area calculated under subsection (1)(a)
of this section plus one square foot for each additional lineal foot
of frontage beyond 200 feet.
(c)
In the B-2, B-3, B-4, B-5, I-1 and 1-2 zones, 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 subsections (1)(a) and (b) above, except the
square footage allowance increases to 3-1/2 square feet and 1-1/2
square feet, respectively, provided that a common signage 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 frontage 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 Method.
(a)
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.
(b)
The lot length method is not applicable in the R-1, R-2, R-3, and
R-4 zoning districts.
|
Figure 3: Sign Area Allowance
 |
 |
(3)
Multi-Faced Signs. All faces of a multi-sided sign shall be counted
towards the maximum sign area allowance (for example, both sides of
a double-sided, double-faced freestanding sign are counted). Signs
shall not exceed a 30 degree angle.
|
Figure 4: Multi-Sided Signs
| |
 |
 |
(4)
Exception. Businesses having approved entrances from more than two
collector streets and/or arterial highways may submit a signage plan
to the City Council for their approval that exceeds the sign area
allowable in this Zoning Ordinance. A portion of the proposed signage
may be off-premises provided the business property does not abut a
third or fourth collector street or arterial highway and such off-premises
signage does not direct traffic through a residential zone.
(Ord. 1677, 7-19-2010; amd. Ord. 1768, 3-21-2016)
(1)
Freestanding and Ground Signs.
(a)
The advertising display area per sign face shall not exceed 200 square feet except as otherwise permitted by Section 27.22.090(3).
(b)
A single sign may be permitted on a lot having at least 30 feet of
frontage along a public road except up to two signs may be permitted
when the frontage of the lot along a single road exceeds 500 feet.
Under this provision, a corner lot with frontage along two public
roads is eligible for a sign along each frontage, provided that the
signs may not be located within the same building setback area.
|
Figure 5: Freestanding Signs – Corner Lots
| |
 |
 |
(c)
Signs shall be set back from any side property line a distance equal
to the building setback in the given zoning district. This requirement
does not apply to side corner property lines. No sign shall be erected
or extend over any public right-of-way.
(d)
Heights, area, and front yard setbacks of freestanding signs in the B-2, B-3, B-4, B-5, I-1 and I-2 zones shall be permitted in accordance to Table 1. The height, area and front yard setbacks of freestanding signs in other districts are established under Sections 27.22.100, 27.24.110, and 27.24.120 of this Zoning Ordinance. The setback shall be measured from each street right-of-way line adjacent to the property, and the lowest height and smallest size per face shall apply.
|
Freestanding Sign Standards
| ||
|---|---|---|
|
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
|
(e)
Signs within 50 feet (measured along the street right-of-way) of
an intersection, which exceed 42 inches in height, shall be set back
at least 15 feet from the street right-of-way line or shall maintain
free air space between a height of 42 inches above the adjacent street
elevation and a height of 72 inches 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 50% of the width of its face or three
feet wide, whichever is smaller.
|
Figure 6: Freestanding Signs – Intersections
 |
(f)
Signs within an isosceles triangle having 10 feet along the right-of-way
line of an alley or along the edge line of a private drive/parking
lot access and along: (i) the inside line of the sidewalk; or (ii)
if there is no sidewalk, the curb line, shall maintain free airspace
between a height of 42 inches above the adjacent street elevation
and a height of 72 inches above said elevation.
|
Figure 7: Freestanding Signs By Alleys or Driveways
 |
(g)
When electrical service is provided to freestanding signs or ground
signs, all such electrical service shall be underground.
(2)
Wall Signs.
(a)
No part of a wall sign shall extend above the top of the wall or
parapet wall upon which it is placed. If a sign extends over the roof
line, it is allowed only if it is architecturally incorporated (matching
colors/materials/embellishments) into the façade of the building,
and mounted on a parapet wall or similar extension of an exterior
wall, without any part of the sign extending over the wall.
(b)
On corner lots, the total allowable sign area allocated to wall signs along a single frontage shall be limited to the maximum sign area for that frontage. (See also Section 27.22.080, which allows the use of only one frontage for purposes of the actual calculation of maximum sign area allowance for a property.)
(c)
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
18 inch or less extension requirements.
(d)
On buildings with a building frontage of 200 feet or more along a
single street and undulating architecture, signs which are attached
to all or a portion of the wall of the building are not subject to
the 18 inch or less extension requirements provided the signs are
parallel to the linear face of the building, attached to all or a
portion of the building wall at its outermost points, and comply with
all other provisions related to wall signage.
(3)
Signs for Shopping Centers and/or 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
building(s). A common signage plan shall be required prior to issuing
a sign permit. A common signage plan can also be prepared for businesses
on two or more adjoining lots.
(b)
A 25% increase in the maximum size allowed per face as set forth in Section 27.22.090(1)(d) shall apply to freestanding signs that are subject to a common signage plan.
(c)
Advertising for multiple businesses sharing a common zoning lot shall be incorporated into a single freestanding sign consistent with the provisions of Sections 27.22.080(1)(c) and 27.22.090(1). Freestanding signs shall not be permitted to any single business or tenant.
(4)
Projecting Signs.
(a)
The sign shall be erected at right angles to the building face and
be at least eight feet above grade.
(b)
The maximum area per sign face shall not exceed 15 square feet.
(c)
Signs extending over a public right-of-way shall extend no closer
than two feet from 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.
(6)
Canopy Signs.
(a)
No canopy sign shall project above the top of the canopy upon which
it is mounted.
(b)
No canopy sign shall project from the face of a canopy.
(c)
Canopies on which canopy signs are mounted shall be at least eight
feet above any public right-of-way, except that any valance attached
to a canopy may be only seven feet in height above a public right-of-way.
|
Figure 8: Canopy Signs
 |
(7)
Billboards.
(a)
No billboard shall exceed 288 square feet per sign face. The sign
area shall count towards the maximum sign area allowance for the property.
(b)
No billboard structure shall exceed a maximum height of 28 feet.
(c)
Billboards shall be erected using single-pole construction.
(d)
Billboards shall not utilize any changeable copy, streaming video
or any light-emitting surface.
(e)
No billboard may be constructed within 300 feet 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.
(f)
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.
(g)
No billboard shall be constructed along a road, which is not a federal
or state highway (i.e. US Highways 2 and 93).
(h)
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 March 19, 1992, no billboard shall be constructed without
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 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 of Kalispell shall not exceed 18 plus any
billboards added though annexation as provided herein.
(i)
Any billboard, except those subject to annexation as specified herein,
located within any zoning district in which billboards are prohibited
were to be relocated at the billboard owner's expense to a zoning
district which permits billboards by March 19, 1997, and billboards
that were located within 1,500 feet of the intersection of Main and
Idaho streets were to be relocated by March 19, 1994.
(j)
Whenever a parcel of land containing any billboard is rezoned, or annexed and zoned, to a zone which does not allow billboards, the billboard or billboards shall be removed within 7 years of the rezoning or, in the case of annexation, within 7 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 27.22.130, in accordance with subsection (h).
(Ord. 1677, 7-19-2010; amd. Ord. 1768, 3-21-2016)
(2)
Nonresidential Uses. Wall signs and one freestanding sign.
(3)
Residential Uses. Home occupations and other residential uses are
permitted one non-illuminated wall sign not to exceed 6 square feet.
Day care centers are allowed signage equal to nonresidential uses.
(4)
The height of a freestanding sign shall be limited to 6 feet and
the size shall be limited to 24 square feet per face.
(Ord. 1677, 7-19-2010)
(2)
One freestanding sign. The sign shall not exceed 24 square feet per
sign face and the height shall not exceed 6 feet above natural grade,
except for B-1 zone where the sign area shall be limited to 36 square
feet per sign face and height shall not exceed 6 feet above natural
grade.
(3)
Wall signs, canopy signs, and marquee signs.
(4)
Home occupations are limited to one non-illuminated wall sign not
to exceed 6 square feet.
(Ord. 1677, 7-19-2010)
(2)
Non-residential uses, other than hospitals, are permitted one freestanding
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 6 feet above natural
grade. Wall signs shall not exceed 20 square feet per use.
(3)
An entrance sign 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 vehicles. The sign shall not
exceed 14 square feet per face nor 6 feet in height.
(4)
Up to 3 signs may be permitted in association with a hospital complex
and may be freestanding, marquee (canopy) or wall signs. Allowable
sign area shall not exceed 70 square feet per face nor 6 feet in height
and will be subject to the Section 27.24.090(1)(d).
(5)
Not more than two off-premises 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-premises hospital signs will be allowed on developed
or undeveloped property and will not be counted as part of the sign
type or allowance permitted for that parcel.
(6)
One non-illuminated wall sign not to exceed 6 square feet in connection
with a home occupation.
(Ord. 1677, 7-19-2010)
(2)
Freestanding and ground signs.
(3)
Wall signs.
(4)
Projecting signs, except on Main Street between Center Street and
8th Street. Projecting signs in that area are permitted provided they
meet the following:
(a)
Only externally lit signs are allowed, subject to the outdoor lighting
regulations;
(b)
No reader boards are allowed;
(c)
A maximum area of nine square feet is allowed, or a maximum of 15
square feet if the lowest part of the sign is at least 15 feet above
grade and meets a higher artistic standard under architectural review,
including a maximum of 25% of the sign area being text, colors coordinating
with those on the building, and other elements as determined by the
Architectural Review Committee; and
(d)
The sign otherwise meets the standards for projecting signs.
(5)
Freestanding multiple business sign.
(6)
Canopy signs.
(7)
Marquee signs.
(8)
Off-premises signs, except in zoning classification B-4 when the
location and size complies with all other provisions of this chapter.
(Ord. 1677, 7-19-2010; amd. Ord. 1768, 3-21-2016)
(1)
All signs, except for under-canopy signs, shall be braced or secured
to prevent motion.
(2)
All freestanding signs and billboards shall be self-supporting structures
utilizing permanent foundations.
(3)
Permanent signs shall be designed to withstand a wind speed of 70
miles per hour.
(4)
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.
(5)
No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation.
(6)
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 24 inches horizontally or vertically
from any conductor or public utility guy wire.
(Ord. 1677, 7-19-2010)
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 Zoning Ordinance.
(Ord. 1677, 7-19-2010)
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 27.22.050.
(1)
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.
(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 chapter.
(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 showing 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 information that may be deemed necessary for purposes of
clarification.
(i)
The fee established by the City Council.
(2)
Architectural Review. Signs are subject to the architectural review requirements as set forth in Chapter 27.21. Wall signs do not require review except for wall signs 20 square feet in size or larger located on buildings within the Main Street Historic District as defined in Section 27.21A.020(2)(b).
(3)
Issuance and Denial. The Zoning Administrator shall issue a permit
and permit sticker for the erection, alteration, or relocation of
a sign provided that the sign complies with the laws of all applicable
jurisdictions.
(4)
Inspection. The Zoning Administrator shall inspect each sign for
which a permit 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 within 6 months of
the date the permit is issued, the permit shall lapse and become void.
(Ord. 1677, 7-19-2010; amd. Ord. 1860, 7-19-2021)
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 Zoning Ordinance, are considered nonconforming. All nonconforming
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 5 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-premises, that have been damaged by fire, wind,
or other involuntary causes, except in the case of vandalism, in excess
of 50% of current or replacement cost shall be brought into compliance
immediately upon replacement. In the case of vandalism, a sign may
be restored to original condition if done within 6 months.
(3)
Signs, on and off-premises, 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 multipanel 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 a cumulative total of more than 50%
of the sign area or sign panels are replaced or 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)
Nonconforming status for signs that blink, rotate, flash, or animate
ended on March 19, 1993.
(Ord. 1677, 7-19-2010)
Notwithstanding the general and specific provisions of this
chapter, certain nonconforming signs that are deemed to have historical
significance may be retained, preserved or restored. If there is a
question regarding the historical significance of a sign, it will
be subject to review and approval by the Architectural Review Committee
who shall consider the following criteria:
(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 building.
(3)
The sign is at least 30 years old. If less than 30 years, then a
finding of exceptional importance of historical significance shall
be made.
(Ord. 1677, 7-19-2010)
Any of the following shall be a violation of this Zoning Ordinance
and shall be subject to the enforcement remedies and penalties provided
by this ordinance, by city code, and by state law. Each sign installed,
created, erected, or maintained in violation of this Zoning Ordinance
shall be considered a separate violation when applying the penalty
portions of this ordinance.
(1)
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;
(2)
To install, create, erect, or maintain any sign requiring a permit
without such a permit;
(3)
To fail to remove any sign that is installed, created, erected, or
maintained in violation of this Zoning Ordinance, or for which the
sign permit has lapsed; or
(4)
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 Zoning Ordinance.
(Ord. 1677, 7-19-2010)
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. 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 correction of the nonconformity;
(3)
Imposing 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 imposed
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.
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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.
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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.
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(Ord. 1677, 7-19-2010)
(1)
The Zoning 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 Zoning Administrator together
with an additional 10% for inspection and incidental costs.
(2)
If the amount specified in the notice is not paid within 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 10% penalty for collection in the same manner as the
real estate taxes.
(3)
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.
(4)
For purposes of removal, the definition of sign shall include all
sign embellishments and structures designed specifically to support
the sign.
(Ord. 1677, 7-19-2010)
