Townsend City Zoning Code

13.24 DEVELOPMENT

STANDARDS

13.24.010 General Standards

Conformance. The design and development of all land uses shall conform to this title, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto.
Natural Environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees, and other existing vegetation.

13.24.020 Utilities

New utilities shall be placed underground.
Existing overhead utility lines may be used or updated.
Utility facilities shall be designed by utility firms in cooperation with the developer.
1. The facilities are subject to all applicable laws, rules, and regulations of the appropriate regulatory authorities.
The developer shall provide adequate and appropriate utility easements.

13.24.030 Easements

Required Easements. Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. The proper easements documents shall be prepared for review and approval by the City of Townsend and filed at the County Clerk and Recorder’s Office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements.
2. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this title for the applicable zoning district.
Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable, and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development.
1. General.
  1. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this title, a note to that effect shall be placed on the final plat and/or final site plan as appropriate.
  2. Where a utility easement is to be located in an existing, dedicated right-of- way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction.
  3. If placed in a City right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the City Council.
Public Utility Easements. Public utilities include water, sewer and storm water facilities that are dedicated to and maintained by the City of Townsend.
1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional 10 feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the City of Townsend for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by the City of Townsend.
3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the City of Townsend.

13.24.040 Floodplain Requirements

No building or structure may be built or located within any area identified by the City Council as presenting a flood hazard. Any construction or location of buildings or other structures within a 100-year flood plain officially designated by the Montana Department of Natural Resources and Conservation must conform to the City or county flood plain management regulations.

13.24.050 Supplemental District Regulations

Purpose. Supplementary district regulations are intended to govern miscellaneous issues related to uses or conditions that occur in more than one zoning district.
Visibility at Intersections. On a corner lot in any district, for a distance of 40 feet from the point of intersection along each street, or 20' from the property line whichever is greater, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede the visibility of vehicles entering the intersection. See Appendix A, Figure
Fences, Walls, and Hedges. Unless other provisions of this Ordinance specify otherwise, fences, walls and hedges are permitted in any required yard, provided that no fence, wall or hedge in or along the edge of a front yard shall be no more than 6 feet in height, subject, however to the restrictions of B, Visibility at Intersections, above.
Structures to Have Legal and Physical Access. Every principal building erected or placed on a lot shall have legal and physical access to a public street, other than an alley, or an approved private street, and all structures shall be so located on lots as to provide required off-street parking and safe and convenient access for emergency vehicles.
Number of Principal Structures of Lot. In any district, more than one structure housing a permitted or conditional principal use may be erected on a single lot, provided that minimum yard areas and other requirements of this ordinance are met for each structure as though it were located on an individual lot.
Parking or Storage of Certain Vehicles. No more than one automotive vehicle without current license plates may be parked or stored on any residentially zoned property, except those in completely enclosed buildings.
Fire Hazards. Any activity involving the use or storage of flammable or explosive materials must be entirely enclosed with protective fencing at least 6 feet in height and be protected by adequate firefighting and fire prevention equipment and by normal safety devices. The activities must be set back not less than 100 feet from all lot lines. Such activities will be subject to the fire safety standards prescribed by the City Fire Marshall, Building Department, or other appropriate authority.
Bars, Taverns, Lounges, and Night Clubs. Any building, structure or premises used or proposed to be used as a bar, tavern, lounge, night club or any commercial, establishment that serves alcoholic beverages shall meet all requirements of Montana Code Annotated. A current liquor license or correspondence from the licensing agency that shows a liquor license can be approved for the proposed location, if a liquor license is required, must be provided with the zoning application.
Site Grading and Clean-up. Within 180 days of completion of construction, all debris shall be removed, and the area graded to drain away from the structure.

13.24.060 Screening And Buffering

Whenever a non-residential use or off-street parking area abuts a residential use, the use shall be effectively screened at the property line on all sides which adjoin or face the residential district or institutional use by an acceptably designed, sight obscuring wall, fence, or planting screen. The fence, wall, or planting screen shall be not less than 6 feet in height and shall be maintained in good condition. Where terrain or other natural features effectively serve as a screen, no wall, fence, or planting screen is required.

13.24.070 Off-Street Parking

Purpose. The intent of off-street parking requirements is to provide convenient and safe access to property, reduce the need for on-street parking and thus congestion on streets, alleviate hazards associated with access to traffic generating business and industrial uses, provide adequate and safe parking for residents and business customers, protect residential uses from the undesirable effects of abutting traffic, and maintain the traffic carrying capacity of the road system serving the jurisdiction.
Design.
1. An off-street parking space shall be at least 9 feet in width and 18 feet long.
2. Off-street parking areas must be accessible from a public street.
3. The access to an off-street parking area must be at least 24 feet wide, or 12 feet wide where one-way drives are used.
4. Off-street parking spaces serving residential uses must be located on the same lot as the dwelling and may not be located in any front yard except in the driveway.
5. Off-street parking areas serving commercial, industrial, public or institutional uses must be located within 500 feet of the use and may not be located in required front yards.
6. Off-street parking areas serving multi-family residential developments of more than 10 units, commercial, industrial, and institutional uses must comply with the following provisions:
  1. Grading and Drainage: Off-street parking areas shall be graded, and any needed swales, culverts or other drainage facilities installed to remove surface run-off in a manner that does not adversely affect adjacent properties, public streets or surface waters.
  2. Surfacing: Off-street parking areas shall be surfaced with asphalt or concrete.
  3. Screening: Where an off-street parking area abuts a residential use or zoning district, the parking area shall meet the screening and buffering requirements of TMC 13.24.060.
  4. Lighting: No lighting used to illuminate a parking area shall face or have its light source directly visible from any residential use or residential zoning district.

Number of Spaces. The following number of off-street parking spaces are required:

Land Use	Number of Spaces Required
Residential Uses
Single-family and Mobile Home	2 per dwelling unit
Multi-family	1.5 per dwelling unit
Boarding House and Rooming Houses	1 per room for rent
Commercial Uses
Auto Repair and Body Shops	2 per service bay
Banks and Financial Institutions	2 per 1,000 sq. ft. of gross floor area
Drive-in Restaurant	1 per 50 sq. ft of floor area or a minimum of 10, whichever is greater
Funeral Homes and Mortuaries	1 per 4 seats
Hotels and Motels	1 per rental unit
Medical and Dental Clinics	4 per 1,000 sq. ft. of gross floor area
Office: Business, Professional, and Government	2 per 1,000 sq. ft. of gross floor area
Restaurants and Taverns	1 per 8 seats of customer seating
Service Station	1 per 2 gas pumps and 2 per service bay
Theater	1 per 8 seats of customer seating
Other Commercial Uses	2 per 1,000 sq. ft. of gross floor area
Institutional Uses
Church	1 per 4 seats
Community Centers	4 per 1,000 sq. ft. of gross floor area
Hospitals and Nursing Homes ¹	1 per 2 beds
Schools	1 per classroom, plus 1 per 8 seats in an auditorium or gymnasium
Other Institutions	2 per 1,000 sq. ft. of gross floor area
Industrial Uses
Motor Freight	1 per 1,000 sq. ft. of gross floor area
Production and Manufacturing	2 per 1,000 sq. ft. of gross floor area
Warehousing	1 per 1,000 sq. ft. of gross floor area

Also provide parking and loading spaces suitable for vehicles such as handicap vans, ambulance, delivery vans, and 1 space for each 2 workers at the home or hospital.

Joint Use of Off-Street Parking Facilities. The applicant for a proposed use may apply to the Zoning Commission to use the off-street parking facility of another use. The Zoning Commission may approve an application for joint use, provided:
1. The parking facility is within 500 feet of the proposed use.
2. There will be no substantial conflict between the parking facilities proposed and no conflicting demands for parking by employees, customers, or clients.
3. Where necessary, the applicant shall present an appropriate and enforceable lease or agreement, executed by the parties for the joint use. The term of the lease or agreement shall be for the duration of time that each use exists at the said location.
Off-Street Loading.
1. Purpose. The intent of off-street loading requirements is to avoid traffic hazards and minimize congestion of streets by requiring that off-street loading areas be provided on the same lot as the building served by delivery trucks, and that such areas be adequate in size and number to provide the service needed without affecting adjacent properties.
2. Design of Loading Spaces.
  1. Off-street loading spaces shall be provided on the same lot as the use they serve and shall not occupy the front yard of the lot.
  2. Each loading space shall be designed to have access to a street or alley in a manner that does not interfere with traffic movement.
  3. Each loading space shall be at least 10 feet by 25 feet in size or designed to accommodate the largest service trucks expected to serve the use.
  4. All or part of the off-street loading requirements may be met by loading facilities within buildings.
3. Number of Off-Street Loading Spaces.
  1. One (1) off-street loading space shall be provided for every industrial, institutional, and commercial use having a gross floor area of at least 5,000 square feet, plus one additional loading space for each additional 10,000 square feet of gross floor area.
Disabled Accessible Parking Spaces.
1. Accessible parking spaces shall be provided in accordance with all current Americans with Disabilities Act (ADA) standards. Each disabled parking space shall also be accompanied by a sign stating, “Permit Required $100 Fine”.
2. All parking lots and facilities shall be subject to current ADA Standards, and shall contain a minimum number of accessible parking spaces as set forth in the current ADA Standards.
3. All accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement.
  1. Raised signs shall be located at a distance no greater than 5 feet from the ground to the bottom of the sign.
4. Provision of an accessible path of travel from each accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum width for walks, sidewalks or ramps as required by current ADA standards.
5. The maximum slope and cross slope shall meet all current ADA standards. The maximum rise shall meet all current ADA standards.

13.24.080 Signs

Purpose. Sign regulations are intended to promote and protect the public safety and welfare by regulating existing and proposed outdoor advertising signs and signs of all types. The purpose of this section is to protect property values, create a more attractive economic and business climate, enhance, and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, curb the deterioration of the natural environment, and enhance community development. Nothing in this regulation is intended to interfere with constitutional rights related to free speech.
Signs Permitted in All Districts Without a Permit. The following signs are permitted in all zoning districts and do not require a permit:
1. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, and which do not exceed 12 square feet in area, except in all residential districts where the area of the sign shall not be more than 6 square feet.
2. Signs bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
3. Flags and insignia of any government except when displayed in connection with commercial promotion.
4. Legal notices: identification, information or directional signs erected or required by governmental bodies.
5. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.
6. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
7. One (1) Bulletin board or sign not to exceed 32 square feet for churches, schools, or other public, religious or educational institution provided the sign is located a minimum of 10 feet from the established right-of-way line of any street or highway and does not obstruct traffic visibility at street or highway intersections.
8. Political or campaign signs erected temporarily and removed no later than 15 days following the election.
9. Window Signs
Regulations for On-Site Signs Requiring a Permit. All on-site signs permitted as accessory uses in business and industrial districts require a permit and are subject to the following provisions:
1. Projection. Projection of wall signs may not exceed 4 feet measured from the face of the building. No wall sign may project above the highest point of the roof structure of the building to which it is attached. Awnings are not considered signs for the purposes of this section. Where the Montana Department of Highways has adjacent right-of-way, the MDOT requirements restricting the length of signs to 2/3 the width of the adjacent sidewalk and 9' minimum above the sidewalk will apply.
2. Setback. No on-site free-standing sign may be set closer to the lot line adjacent to a street than the required minimum setback for the principal uses permitted in the district. No sign may be erected or placed closer than 50 feet from a side or rear lot line abutting a residential district. Any on-site free-standing sign must be located at least ten feet (10’) from any lot line or street right of way.
3. Moving devices. No sign or part thereof may contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Devices such as strings of lights may not be used for the purpose of advertising or attracting attention.
4. Illuminated Signs:
  1. An illuminated sign or lighting device may not be placed so that the beams and illumination there from cause glare or reflection that may constitute a traffic hazard or nuisance.
  2. All wiring, fittings and materials used in the construction, connection and operation of electric signs shall be in accordance with the provisions of the state electrical code.
  3. Changeable copy signs shall not change the sign copy more than 30 times per minute.
  4. Illuminated signs may not be located within 100 feet of a residential use, measured from the nearest lot line of the residential use.
5. Height. No free-standing sign shall exceed 30 feet in height.
6. Height Clearance. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least 9 feet.
7. Number of signs permitted:
  1. One (1) roof sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.
  2. One (1) free-standing sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.
  3. The number of wall signs is not limited, provided the total sign area conforms to the requirements of this section.
  4. A comprehensive sign plan is required for all businesses or industrial centers consisting of two or more tenant spaces per building. The signage plan shall be designed for equitable distribution of the permitted total signage area.
8. Permitted surface area:
  1. Roof Signs: The total surface area of roof signs shall not exceed four (4) square feet of sign per lineal foot of building front width, with a maximum allowed total area of 400 square feet.
  2. Free-Standing Signs: The total surface area of free-standing signs shall not exceed two (2) square feet of sign per lineal foot of building front width, with a maximum allowed total area of 200 square feet.
  3. Wall Signs: The total surface area of wall signs shall not exceed twenty five percent (25%) of the aggregate square footage of the wall area upon which they are installed.
Regulation of Off-Site Signs Requiring a Permit
1. Set Back. Off-site free-standing signs must be located according to the yard setbacks of the district where the sign is located. No off-site sign may be erected or placed closer than 50 feet from a side or rear lot line abutting a residential district. Offsite signs may not project into public right-of-way beyond the curb line.
2. Illuminated Signs:
  1. An illuminated sign or lighting device may not be placed or directed so that the beams and illumination there from cause glare or reflection that may constitute a traffic hazard or nuisance.
  2. All wiring, fittings and materials used in the construction, connection and operation of electric signs shall be in accordance with the provisions of the state electrical code.
  3. Changeable copy signs shall not change the sign copy more than 30 times per minute.
  4. Illuminated signs may not be located within 100 feet of a residential use, measured from the nearest lot line of the residential use.
Regulations for Temporary Sidewalk, and Portable Signs
1. Temporary and portable signs not exceeding 32 square feet in area and not displayed for a period of more than 60 days are allowed in business, commercial, and industrial districts without a zoning permit.
2. Temporary or portable signs greater than 32 square feet of area for construction projects shall require zoning approval.
3. Sidewalk signs are allowed in business and commercial districts without a zoning permit, if not illuminated and if displayed only during business hours of the establishment displaying the sign. The area of a sidewalk sign shall not exceed six (6) square feet.
4. Temporary, portable, and sidewalk signs shall be properly and adequately located and secured to avoid any inadvertent movement thereof by the elements or otherwise which would result in an encroachment on public ways, or which may cause any injury or inconvenience to those using such public ways.
Variances Prohibited.
1. Variances from any provisions of this section shall not be allowed.

Townsend City Zoning Code

13.24 DEVELOPMENT

STANDARDS

13.24.010 General Standards

Conformance. The design and development of all land uses shall conform to this title, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto.
Natural Environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees, and other existing vegetation.

13.24.020 Utilities

New utilities shall be placed underground.
Existing overhead utility lines may be used or updated.
Utility facilities shall be designed by utility firms in cooperation with the developer.
1. The facilities are subject to all applicable laws, rules, and regulations of the appropriate regulatory authorities.
The developer shall provide adequate and appropriate utility easements.

13.24.030 Easements

Required Easements. Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. The proper easements documents shall be prepared for review and approval by the City of Townsend and filed at the County Clerk and Recorder’s Office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements.
2. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this title for the applicable zoning district.
Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable, and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development.
1. General.
  1. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this title, a note to that effect shall be placed on the final plat and/or final site plan as appropriate.
  2. Where a utility easement is to be located in an existing, dedicated right-of- way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction.
  3. If placed in a City right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the City Council.
Public Utility Easements. Public utilities include water, sewer and storm water facilities that are dedicated to and maintained by the City of Townsend.
1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional 10 feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the City of Townsend for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by the City of Townsend.
3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the City of Townsend.

13.24.040 Floodplain Requirements

No building or structure may be built or located within any area identified by the City Council as presenting a flood hazard. Any construction or location of buildings or other structures within a 100-year flood plain officially designated by the Montana Department of Natural Resources and Conservation must conform to the City or county flood plain management regulations.

13.24.050 Supplemental District Regulations

Purpose. Supplementary district regulations are intended to govern miscellaneous issues related to uses or conditions that occur in more than one zoning district.
Visibility at Intersections. On a corner lot in any district, for a distance of 40 feet from the point of intersection along each street, or 20' from the property line whichever is greater, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede the visibility of vehicles entering the intersection. See Appendix A, Figure
Fences, Walls, and Hedges. Unless other provisions of this Ordinance specify otherwise, fences, walls and hedges are permitted in any required yard, provided that no fence, wall or hedge in or along the edge of a front yard shall be no more than 6 feet in height, subject, however to the restrictions of B, Visibility at Intersections, above.
Structures to Have Legal and Physical Access. Every principal building erected or placed on a lot shall have legal and physical access to a public street, other than an alley, or an approved private street, and all structures shall be so located on lots as to provide required off-street parking and safe and convenient access for emergency vehicles.
Number of Principal Structures of Lot. In any district, more than one structure housing a permitted or conditional principal use may be erected on a single lot, provided that minimum yard areas and other requirements of this ordinance are met for each structure as though it were located on an individual lot.
Parking or Storage of Certain Vehicles. No more than one automotive vehicle without current license plates may be parked or stored on any residentially zoned property, except those in completely enclosed buildings.
Fire Hazards. Any activity involving the use or storage of flammable or explosive materials must be entirely enclosed with protective fencing at least 6 feet in height and be protected by adequate firefighting and fire prevention equipment and by normal safety devices. The activities must be set back not less than 100 feet from all lot lines. Such activities will be subject to the fire safety standards prescribed by the City Fire Marshall, Building Department, or other appropriate authority.
Bars, Taverns, Lounges, and Night Clubs. Any building, structure or premises used or proposed to be used as a bar, tavern, lounge, night club or any commercial, establishment that serves alcoholic beverages shall meet all requirements of Montana Code Annotated. A current liquor license or correspondence from the licensing agency that shows a liquor license can be approved for the proposed location, if a liquor license is required, must be provided with the zoning application.
Site Grading and Clean-up. Within 180 days of completion of construction, all debris shall be removed, and the area graded to drain away from the structure.

13.24.060 Screening And Buffering

Whenever a non-residential use or off-street parking area abuts a residential use, the use shall be effectively screened at the property line on all sides which adjoin or face the residential district or institutional use by an acceptably designed, sight obscuring wall, fence, or planting screen. The fence, wall, or planting screen shall be not less than 6 feet in height and shall be maintained in good condition. Where terrain or other natural features effectively serve as a screen, no wall, fence, or planting screen is required.

13.24.070 Off-Street Parking

Purpose. The intent of off-street parking requirements is to provide convenient and safe access to property, reduce the need for on-street parking and thus congestion on streets, alleviate hazards associated with access to traffic generating business and industrial uses, provide adequate and safe parking for residents and business customers, protect residential uses from the undesirable effects of abutting traffic, and maintain the traffic carrying capacity of the road system serving the jurisdiction.
Design.
1. An off-street parking space shall be at least 9 feet in width and 18 feet long.
2. Off-street parking areas must be accessible from a public street.
3. The access to an off-street parking area must be at least 24 feet wide, or 12 feet wide where one-way drives are used.
4. Off-street parking spaces serving residential uses must be located on the same lot as the dwelling and may not be located in any front yard except in the driveway.
5. Off-street parking areas serving commercial, industrial, public or institutional uses must be located within 500 feet of the use and may not be located in required front yards.
6. Off-street parking areas serving multi-family residential developments of more than 10 units, commercial, industrial, and institutional uses must comply with the following provisions:
  1. Grading and Drainage: Off-street parking areas shall be graded, and any needed swales, culverts or other drainage facilities installed to remove surface run-off in a manner that does not adversely affect adjacent properties, public streets or surface waters.
  2. Surfacing: Off-street parking areas shall be surfaced with asphalt or concrete.
  3. Screening: Where an off-street parking area abuts a residential use or zoning district, the parking area shall meet the screening and buffering requirements of TMC 13.24.060.
  4. Lighting: No lighting used to illuminate a parking area shall face or have its light source directly visible from any residential use or residential zoning district.

Number of Spaces. The following number of off-street parking spaces are required:

Land Use	Number of Spaces Required
Residential Uses
Single-family and Mobile Home	2 per dwelling unit
Multi-family	1.5 per dwelling unit
Boarding House and Rooming Houses	1 per room for rent
Commercial Uses
Auto Repair and Body Shops	2 per service bay
Banks and Financial Institutions	2 per 1,000 sq. ft. of gross floor area
Drive-in Restaurant	1 per 50 sq. ft of floor area or a minimum of 10, whichever is greater
Funeral Homes and Mortuaries	1 per 4 seats
Hotels and Motels	1 per rental unit
Medical and Dental Clinics	4 per 1,000 sq. ft. of gross floor area
Office: Business, Professional, and Government	2 per 1,000 sq. ft. of gross floor area
Restaurants and Taverns	1 per 8 seats of customer seating
Service Station	1 per 2 gas pumps and 2 per service bay
Theater	1 per 8 seats of customer seating
Other Commercial Uses	2 per 1,000 sq. ft. of gross floor area
Institutional Uses
Church	1 per 4 seats
Community Centers	4 per 1,000 sq. ft. of gross floor area
Hospitals and Nursing Homes ¹	1 per 2 beds
Schools	1 per classroom, plus 1 per 8 seats in an auditorium or gymnasium
Other Institutions	2 per 1,000 sq. ft. of gross floor area
Industrial Uses
Motor Freight	1 per 1,000 sq. ft. of gross floor area
Production and Manufacturing	2 per 1,000 sq. ft. of gross floor area
Warehousing	1 per 1,000 sq. ft. of gross floor area

Also provide parking and loading spaces suitable for vehicles such as handicap vans, ambulance, delivery vans, and 1 space for each 2 workers at the home or hospital.

Joint Use of Off-Street Parking Facilities. The applicant for a proposed use may apply to the Zoning Commission to use the off-street parking facility of another use. The Zoning Commission may approve an application for joint use, provided:
1. The parking facility is within 500 feet of the proposed use.
2. There will be no substantial conflict between the parking facilities proposed and no conflicting demands for parking by employees, customers, or clients.
3. Where necessary, the applicant shall present an appropriate and enforceable lease or agreement, executed by the parties for the joint use. The term of the lease or agreement shall be for the duration of time that each use exists at the said location.
Off-Street Loading.
1. Purpose. The intent of off-street loading requirements is to avoid traffic hazards and minimize congestion of streets by requiring that off-street loading areas be provided on the same lot as the building served by delivery trucks, and that such areas be adequate in size and number to provide the service needed without affecting adjacent properties.
2. Design of Loading Spaces.
  1. Off-street loading spaces shall be provided on the same lot as the use they serve and shall not occupy the front yard of the lot.
  2. Each loading space shall be designed to have access to a street or alley in a manner that does not interfere with traffic movement.
  3. Each loading space shall be at least 10 feet by 25 feet in size or designed to accommodate the largest service trucks expected to serve the use.
  4. All or part of the off-street loading requirements may be met by loading facilities within buildings.
3. Number of Off-Street Loading Spaces.
  1. One (1) off-street loading space shall be provided for every industrial, institutional, and commercial use having a gross floor area of at least 5,000 square feet, plus one additional loading space for each additional 10,000 square feet of gross floor area.
Disabled Accessible Parking Spaces.
1. Accessible parking spaces shall be provided in accordance with all current Americans with Disabilities Act (ADA) standards. Each disabled parking space shall also be accompanied by a sign stating, “Permit Required $100 Fine”.
2. All parking lots and facilities shall be subject to current ADA Standards, and shall contain a minimum number of accessible parking spaces as set forth in the current ADA Standards.
3. All accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement.
  1. Raised signs shall be located at a distance no greater than 5 feet from the ground to the bottom of the sign.
4. Provision of an accessible path of travel from each accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum width for walks, sidewalks or ramps as required by current ADA standards.
5. The maximum slope and cross slope shall meet all current ADA standards. The maximum rise shall meet all current ADA standards.

13.24.080 Signs

Purpose. Sign regulations are intended to promote and protect the public safety and welfare by regulating existing and proposed outdoor advertising signs and signs of all types. The purpose of this section is to protect property values, create a more attractive economic and business climate, enhance, and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, curb the deterioration of the natural environment, and enhance community development. Nothing in this regulation is intended to interfere with constitutional rights related to free speech.
Signs Permitted in All Districts Without a Permit. The following signs are permitted in all zoning districts and do not require a permit:
1. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, and which do not exceed 12 square feet in area, except in all residential districts where the area of the sign shall not be more than 6 square feet.
2. Signs bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
3. Flags and insignia of any government except when displayed in connection with commercial promotion.
4. Legal notices: identification, information or directional signs erected or required by governmental bodies.
5. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.
6. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
7. One (1) Bulletin board or sign not to exceed 32 square feet for churches, schools, or other public, religious or educational institution provided the sign is located a minimum of 10 feet from the established right-of-way line of any street or highway and does not obstruct traffic visibility at street or highway intersections.
8. Political or campaign signs erected temporarily and removed no later than 15 days following the election.
9. Window Signs
Regulations for On-Site Signs Requiring a Permit. All on-site signs permitted as accessory uses in business and industrial districts require a permit and are subject to the following provisions:
1. Projection. Projection of wall signs may not exceed 4 feet measured from the face of the building. No wall sign may project above the highest point of the roof structure of the building to which it is attached. Awnings are not considered signs for the purposes of this section. Where the Montana Department of Highways has adjacent right-of-way, the MDOT requirements restricting the length of signs to 2/3 the width of the adjacent sidewalk and 9' minimum above the sidewalk will apply.
2. Setback. No on-site free-standing sign may be set closer to the lot line adjacent to a street than the required minimum setback for the principal uses permitted in the district. No sign may be erected or placed closer than 50 feet from a side or rear lot line abutting a residential district. Any on-site free-standing sign must be located at least ten feet (10’) from any lot line or street right of way.
3. Moving devices. No sign or part thereof may contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Devices such as strings of lights may not be used for the purpose of advertising or attracting attention.
4. Illuminated Signs:
  1. An illuminated sign or lighting device may not be placed so that the beams and illumination there from cause glare or reflection that may constitute a traffic hazard or nuisance.
  2. All wiring, fittings and materials used in the construction, connection and operation of electric signs shall be in accordance with the provisions of the state electrical code.
  3. Changeable copy signs shall not change the sign copy more than 30 times per minute.
  4. Illuminated signs may not be located within 100 feet of a residential use, measured from the nearest lot line of the residential use.
5. Height. No free-standing sign shall exceed 30 feet in height.
6. Height Clearance. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least 9 feet.
7. Number of signs permitted:
  1. One (1) roof sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.
  2. One (1) free-standing sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.
  3. The number of wall signs is not limited, provided the total sign area conforms to the requirements of this section.
  4. A comprehensive sign plan is required for all businesses or industrial centers consisting of two or more tenant spaces per building. The signage plan shall be designed for equitable distribution of the permitted total signage area.
8. Permitted surface area:
  1. Roof Signs: The total surface area of roof signs shall not exceed four (4) square feet of sign per lineal foot of building front width, with a maximum allowed total area of 400 square feet.
  2. Free-Standing Signs: The total surface area of free-standing signs shall not exceed two (2) square feet of sign per lineal foot of building front width, with a maximum allowed total area of 200 square feet.
  3. Wall Signs: The total surface area of wall signs shall not exceed twenty five percent (25%) of the aggregate square footage of the wall area upon which they are installed.
Regulation of Off-Site Signs Requiring a Permit
1. Set Back. Off-site free-standing signs must be located according to the yard setbacks of the district where the sign is located. No off-site sign may be erected or placed closer than 50 feet from a side or rear lot line abutting a residential district. Offsite signs may not project into public right-of-way beyond the curb line.
2. Illuminated Signs:
  1. An illuminated sign or lighting device may not be placed or directed so that the beams and illumination there from cause glare or reflection that may constitute a traffic hazard or nuisance.
  2. All wiring, fittings and materials used in the construction, connection and operation of electric signs shall be in accordance with the provisions of the state electrical code.
  3. Changeable copy signs shall not change the sign copy more than 30 times per minute.
  4. Illuminated signs may not be located within 100 feet of a residential use, measured from the nearest lot line of the residential use.
Regulations for Temporary Sidewalk, and Portable Signs
1. Temporary and portable signs not exceeding 32 square feet in area and not displayed for a period of more than 60 days are allowed in business, commercial, and industrial districts without a zoning permit.
2. Temporary or portable signs greater than 32 square feet of area for construction projects shall require zoning approval.
3. Sidewalk signs are allowed in business and commercial districts without a zoning permit, if not illuminated and if displayed only during business hours of the establishment displaying the sign. The area of a sidewalk sign shall not exceed six (6) square feet.
4. Temporary, portable, and sidewalk signs shall be properly and adequately located and secured to avoid any inadvertent movement thereof by the elements or otherwise which would result in an encroachment on public ways, or which may cause any injury or inconvenience to those using such public ways.
Variances Prohibited.
1. Variances from any provisions of this section shall not be allowed.

Townsend City Zoning Code

13.24 DEVELOPMENT

STANDARDS

13.24.010 General Standards

Conformance. The design and development of all land uses shall conform to this title, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto.
Natural Environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees, and other existing vegetation.

13.24.020 Utilities

New utilities shall be placed underground.
Existing overhead utility lines may be used or updated.
Utility facilities shall be designed by utility firms in cooperation with the developer.
1. The facilities are subject to all applicable laws, rules, and regulations of the appropriate regulatory authorities.
The developer shall provide adequate and appropriate utility easements.

13.24.030 Easements

Required Easements. Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. The proper easements documents shall be prepared for review and approval by the City of Townsend and filed at the County Clerk and Recorder’s Office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements.
2. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this title for the applicable zoning district.
Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable, and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development.
1. General.
  1. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this title, a note to that effect shall be placed on the final plat and/or final site plan as appropriate.
  2. Where a utility easement is to be located in an existing, dedicated right-of- way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction.
  3. If placed in a City right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the City Council.
Public Utility Easements. Public utilities include water, sewer and storm water facilities that are dedicated to and maintained by the City of Townsend.
1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional 10 feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the City of Townsend for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by the City of Townsend.
3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the City of Townsend.

13.24.040 Floodplain Requirements

No building or structure may be built or located within any area identified by the City Council as presenting a flood hazard. Any construction or location of buildings or other structures within a 100-year flood plain officially designated by the Montana Department of Natural Resources and Conservation must conform to the City or county flood plain management regulations.

13.24.050 Supplemental District Regulations

Purpose. Supplementary district regulations are intended to govern miscellaneous issues related to uses or conditions that occur in more than one zoning district.
Visibility at Intersections. On a corner lot in any district, for a distance of 40 feet from the point of intersection along each street, or 20' from the property line whichever is greater, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede the visibility of vehicles entering the intersection. See Appendix A, Figure
Fences, Walls, and Hedges. Unless other provisions of this Ordinance specify otherwise, fences, walls and hedges are permitted in any required yard, provided that no fence, wall or hedge in or along the edge of a front yard shall be no more than 6 feet in height, subject, however to the restrictions of B, Visibility at Intersections, above.
Structures to Have Legal and Physical Access. Every principal building erected or placed on a lot shall have legal and physical access to a public street, other than an alley, or an approved private street, and all structures shall be so located on lots as to provide required off-street parking and safe and convenient access for emergency vehicles.
Number of Principal Structures of Lot. In any district, more than one structure housing a permitted or conditional principal use may be erected on a single lot, provided that minimum yard areas and other requirements of this ordinance are met for each structure as though it were located on an individual lot.
Parking or Storage of Certain Vehicles. No more than one automotive vehicle without current license plates may be parked or stored on any residentially zoned property, except those in completely enclosed buildings.
Fire Hazards. Any activity involving the use or storage of flammable or explosive materials must be entirely enclosed with protective fencing at least 6 feet in height and be protected by adequate firefighting and fire prevention equipment and by normal safety devices. The activities must be set back not less than 100 feet from all lot lines. Such activities will be subject to the fire safety standards prescribed by the City Fire Marshall, Building Department, or other appropriate authority.
Bars, Taverns, Lounges, and Night Clubs. Any building, structure or premises used or proposed to be used as a bar, tavern, lounge, night club or any commercial, establishment that serves alcoholic beverages shall meet all requirements of Montana Code Annotated. A current liquor license or correspondence from the licensing agency that shows a liquor license can be approved for the proposed location, if a liquor license is required, must be provided with the zoning application.
Site Grading and Clean-up. Within 180 days of completion of construction, all debris shall be removed, and the area graded to drain away from the structure.

13.24.060 Screening And Buffering

Whenever a non-residential use or off-street parking area abuts a residential use, the use shall be effectively screened at the property line on all sides which adjoin or face the residential district or institutional use by an acceptably designed, sight obscuring wall, fence, or planting screen. The fence, wall, or planting screen shall be not less than 6 feet in height and shall be maintained in good condition. Where terrain or other natural features effectively serve as a screen, no wall, fence, or planting screen is required.

13.24.070 Off-Street Parking

Purpose. The intent of off-street parking requirements is to provide convenient and safe access to property, reduce the need for on-street parking and thus congestion on streets, alleviate hazards associated with access to traffic generating business and industrial uses, provide adequate and safe parking for residents and business customers, protect residential uses from the undesirable effects of abutting traffic, and maintain the traffic carrying capacity of the road system serving the jurisdiction.
Design.
1. An off-street parking space shall be at least 9 feet in width and 18 feet long.
2. Off-street parking areas must be accessible from a public street.
3. The access to an off-street parking area must be at least 24 feet wide, or 12 feet wide where one-way drives are used.
4. Off-street parking spaces serving residential uses must be located on the same lot as the dwelling and may not be located in any front yard except in the driveway.
5. Off-street parking areas serving commercial, industrial, public or institutional uses must be located within 500 feet of the use and may not be located in required front yards.
6. Off-street parking areas serving multi-family residential developments of more than 10 units, commercial, industrial, and institutional uses must comply with the following provisions:
  1. Grading and Drainage: Off-street parking areas shall be graded, and any needed swales, culverts or other drainage facilities installed to remove surface run-off in a manner that does not adversely affect adjacent properties, public streets or surface waters.
  2. Surfacing: Off-street parking areas shall be surfaced with asphalt or concrete.
  3. Screening: Where an off-street parking area abuts a residential use or zoning district, the parking area shall meet the screening and buffering requirements of TMC 13.24.060.
  4. Lighting: No lighting used to illuminate a parking area shall face or have its light source directly visible from any residential use or residential zoning district.

Number of Spaces. The following number of off-street parking spaces are required:

Land Use	Number of Spaces Required
Residential Uses
Single-family and Mobile Home	2 per dwelling unit
Multi-family	1.5 per dwelling unit
Boarding House and Rooming Houses	1 per room for rent
Commercial Uses
Auto Repair and Body Shops	2 per service bay
Banks and Financial Institutions	2 per 1,000 sq. ft. of gross floor area
Drive-in Restaurant	1 per 50 sq. ft of floor area or a minimum of 10, whichever is greater
Funeral Homes and Mortuaries	1 per 4 seats
Hotels and Motels	1 per rental unit
Medical and Dental Clinics	4 per 1,000 sq. ft. of gross floor area
Office: Business, Professional, and Government	2 per 1,000 sq. ft. of gross floor area
Restaurants and Taverns	1 per 8 seats of customer seating
Service Station	1 per 2 gas pumps and 2 per service bay
Theater	1 per 8 seats of customer seating
Other Commercial Uses	2 per 1,000 sq. ft. of gross floor area
Institutional Uses
Church	1 per 4 seats
Community Centers	4 per 1,000 sq. ft. of gross floor area
Hospitals and Nursing Homes ¹	1 per 2 beds
Schools	1 per classroom, plus 1 per 8 seats in an auditorium or gymnasium
Other Institutions	2 per 1,000 sq. ft. of gross floor area
Industrial Uses
Motor Freight	1 per 1,000 sq. ft. of gross floor area
Production and Manufacturing	2 per 1,000 sq. ft. of gross floor area
Warehousing	1 per 1,000 sq. ft. of gross floor area

Also provide parking and loading spaces suitable for vehicles such as handicap vans, ambulance, delivery vans, and 1 space for each 2 workers at the home or hospital.

Joint Use of Off-Street Parking Facilities. The applicant for a proposed use may apply to the Zoning Commission to use the off-street parking facility of another use. The Zoning Commission may approve an application for joint use, provided:
1. The parking facility is within 500 feet of the proposed use.
2. There will be no substantial conflict between the parking facilities proposed and no conflicting demands for parking by employees, customers, or clients.
3. Where necessary, the applicant shall present an appropriate and enforceable lease or agreement, executed by the parties for the joint use. The term of the lease or agreement shall be for the duration of time that each use exists at the said location.
Off-Street Loading.
1. Purpose. The intent of off-street loading requirements is to avoid traffic hazards and minimize congestion of streets by requiring that off-street loading areas be provided on the same lot as the building served by delivery trucks, and that such areas be adequate in size and number to provide the service needed without affecting adjacent properties.
2. Design of Loading Spaces.
  1. Off-street loading spaces shall be provided on the same lot as the use they serve and shall not occupy the front yard of the lot.
  2. Each loading space shall be designed to have access to a street or alley in a manner that does not interfere with traffic movement.
  3. Each loading space shall be at least 10 feet by 25 feet in size or designed to accommodate the largest service trucks expected to serve the use.
  4. All or part of the off-street loading requirements may be met by loading facilities within buildings.
3. Number of Off-Street Loading Spaces.
  1. One (1) off-street loading space shall be provided for every industrial, institutional, and commercial use having a gross floor area of at least 5,000 square feet, plus one additional loading space for each additional 10,000 square feet of gross floor area.
Disabled Accessible Parking Spaces.
1. Accessible parking spaces shall be provided in accordance with all current Americans with Disabilities Act (ADA) standards. Each disabled parking space shall also be accompanied by a sign stating, “Permit Required $100 Fine”.
2. All parking lots and facilities shall be subject to current ADA Standards, and shall contain a minimum number of accessible parking spaces as set forth in the current ADA Standards.
3. All accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement.
  1. Raised signs shall be located at a distance no greater than 5 feet from the ground to the bottom of the sign.
4. Provision of an accessible path of travel from each accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum width for walks, sidewalks or ramps as required by current ADA standards.
5. The maximum slope and cross slope shall meet all current ADA standards. The maximum rise shall meet all current ADA standards.

13.24.080 Signs

Purpose. Sign regulations are intended to promote and protect the public safety and welfare by regulating existing and proposed outdoor advertising signs and signs of all types. The purpose of this section is to protect property values, create a more attractive economic and business climate, enhance, and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, curb the deterioration of the natural environment, and enhance community development. Nothing in this regulation is intended to interfere with constitutional rights related to free speech.
Signs Permitted in All Districts Without a Permit. The following signs are permitted in all zoning districts and do not require a permit:
1. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, and which do not exceed 12 square feet in area, except in all residential districts where the area of the sign shall not be more than 6 square feet.
2. Signs bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
3. Flags and insignia of any government except when displayed in connection with commercial promotion.
4. Legal notices: identification, information or directional signs erected or required by governmental bodies.
5. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.
6. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
7. One (1) Bulletin board or sign not to exceed 32 square feet for churches, schools, or other public, religious or educational institution provided the sign is located a minimum of 10 feet from the established right-of-way line of any street or highway and does not obstruct traffic visibility at street or highway intersections.
8. Political or campaign signs erected temporarily and removed no later than 15 days following the election.
9. Window Signs
Regulations for On-Site Signs Requiring a Permit. All on-site signs permitted as accessory uses in business and industrial districts require a permit and are subject to the following provisions:
1. Projection. Projection of wall signs may not exceed 4 feet measured from the face of the building. No wall sign may project above the highest point of the roof structure of the building to which it is attached. Awnings are not considered signs for the purposes of this section. Where the Montana Department of Highways has adjacent right-of-way, the MDOT requirements restricting the length of signs to 2/3 the width of the adjacent sidewalk and 9' minimum above the sidewalk will apply.
2. Setback. No on-site free-standing sign may be set closer to the lot line adjacent to a street than the required minimum setback for the principal uses permitted in the district. No sign may be erected or placed closer than 50 feet from a side or rear lot line abutting a residential district. Any on-site free-standing sign must be located at least ten feet (10’) from any lot line or street right of way.
3. Moving devices. No sign or part thereof may contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Devices such as strings of lights may not be used for the purpose of advertising or attracting attention.
4. Illuminated Signs:
  1. An illuminated sign or lighting device may not be placed so that the beams and illumination there from cause glare or reflection that may constitute a traffic hazard or nuisance.
  2. All wiring, fittings and materials used in the construction, connection and operation of electric signs shall be in accordance with the provisions of the state electrical code.
  3. Changeable copy signs shall not change the sign copy more than 30 times per minute.
  4. Illuminated signs may not be located within 100 feet of a residential use, measured from the nearest lot line of the residential use.
5. Height. No free-standing sign shall exceed 30 feet in height.
6. Height Clearance. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least 9 feet.
7. Number of signs permitted:
  1. One (1) roof sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.
  2. One (1) free-standing sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.
  3. The number of wall signs is not limited, provided the total sign area conforms to the requirements of this section.
  4. A comprehensive sign plan is required for all businesses or industrial centers consisting of two or more tenant spaces per building. The signage plan shall be designed for equitable distribution of the permitted total signage area.
8. Permitted surface area:
  1. Roof Signs: The total surface area of roof signs shall not exceed four (4) square feet of sign per lineal foot of building front width, with a maximum allowed total area of 400 square feet.
  2. Free-Standing Signs: The total surface area of free-standing signs shall not exceed two (2) square feet of sign per lineal foot of building front width, with a maximum allowed total area of 200 square feet.
  3. Wall Signs: The total surface area of wall signs shall not exceed twenty five percent (25%) of the aggregate square footage of the wall area upon which they are installed.
Regulation of Off-Site Signs Requiring a Permit
1. Set Back. Off-site free-standing signs must be located according to the yard setbacks of the district where the sign is located. No off-site sign may be erected or placed closer than 50 feet from a side or rear lot line abutting a residential district. Offsite signs may not project into public right-of-way beyond the curb line.
2. Illuminated Signs:
  1. An illuminated sign or lighting device may not be placed or directed so that the beams and illumination there from cause glare or reflection that may constitute a traffic hazard or nuisance.
  2. All wiring, fittings and materials used in the construction, connection and operation of electric signs shall be in accordance with the provisions of the state electrical code.
  3. Changeable copy signs shall not change the sign copy more than 30 times per minute.
  4. Illuminated signs may not be located within 100 feet of a residential use, measured from the nearest lot line of the residential use.
Regulations for Temporary Sidewalk, and Portable Signs
1. Temporary and portable signs not exceeding 32 square feet in area and not displayed for a period of more than 60 days are allowed in business, commercial, and industrial districts without a zoning permit.
2. Temporary or portable signs greater than 32 square feet of area for construction projects shall require zoning approval.
3. Sidewalk signs are allowed in business and commercial districts without a zoning permit, if not illuminated and if displayed only during business hours of the establishment displaying the sign. The area of a sidewalk sign shall not exceed six (6) square feet.
4. Temporary, portable, and sidewalk signs shall be properly and adequately located and secured to avoid any inadvertent movement thereof by the elements or otherwise which would result in an encroachment on public ways, or which may cause any injury or inconvenience to those using such public ways.
Variances Prohibited.
1. Variances from any provisions of this section shall not be allowed.