Kalispell City Zoning Code
CHAPTER 27
22 SIGN REGULATIONS
§ 27.22.010 Purpose.
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)
§ 27.22.020 Scope.
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)
§ 27.22.030 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.
(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)
§ 27.22.040 Permits Required.
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)
§ 27.22.050 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 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)
§ 27.22.060 General Standards for All Signs.
(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)
§ 27.22.070 Reader Boards.
(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)
§ 27.22.080 Sign Area Allowances.
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)
§ 27.22.090 Regulations for Specific Categories of Signs.
(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)
§ 27.22.100 Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(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)
§ 27.22.110 Permitted Signs in Zones R-5, RA-1, RA-2, B-1, and P-1.
(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)
§ 27.22.120 Permitted Signs in Zone H-1.
(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)
§ 27.22.130 Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2.
(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)
§ 27.22.140 Construction Standards.
(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)
§ 27.22.150 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 Zoning Ordinance.
(Ord. 1677, 7-19-2010)
§ 27.22.160 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 27.22.050.
(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)
§ 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 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)
§ 27.22.180 Exemption for Historic Signs.
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)
§ 27.22.190 Violations.
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)
§ 27.22.200 Enforcement and Remedies.
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.
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. |
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. 1677, 7-19-2010)
§ 27.22.210 Removal of Signs by the Administrator.
(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)