The purpose of this chapter is to provide a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards. It is also the purpose to create sign districts whose requirements meet the identification and information needs of all land uses and to encourage good design, reflecting the special character of each sign district. A basic tenet in adopting and applying these regulations is that unrestricted signs do not benefit either the private business owner or the community at large. (Ord. 19-03, 2-4-2019)

This chapter establishes five (5) distinct geographic districts within the zoning jurisdiction area which possess different and unique characteristics of physical location, existing building design and uses, pedestrian versus vehicle circulation and tourist versus local resident use. The intent of identifying these unique districts is to encourage design that will meet the needs and harmonize with the unique character of each district.

The Whitefish sign districts map establishes the five (5) geographic sign districts: the Highway District, the Old Town District, the Community Business and Resort District, the Residential District, and the Business Service District. The map is adopted as part of these regulations and is included in section 11-8-1, appendix F of this title. A table that lists the various sign districts and summarizes the sign standards in each district is included in section 11-8-1, appendix G of this title. It is not the intent in establishing these sign districts to allow uses within a particular zoning district that would not otherwise be allowed.

To the extent this chapter is amended in the future, such amendments shall immediately and automatically apply throughout the City.

By the adoption date hereof, the City retains the Whitefish sign districts map which designates the five (5) geographic sign districts, shown in section 11-8-1, appendix F of this title. Those areas of the City's jurisdictional area not covered by the special sign districts in section 11-8-1, appendix F of this title shall be considered to be within the Residential Districts, and subject to the provisions of section 11-5-6-4 of this chapter.

Nothing set forth herein makes legal or otherwise legitimizes any existing signs in violation of any State of Montana or Flathead County sign laws, ordinances, or regulations, and such signs shall continue to be illegal signs, subject to abatement. (Ord. 19-03, 2-4-2019)

   A.   Applicability: The provisions of this chapter shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs. All signs that are displayed, constructed, erected or altered after the date of adoption of this title shall conform to the provisions of these regulations. These regulations shall be liberally construed in order to further their purpose, intent and effect, as set forth in sections 11-5-1 and 11-5-2 of this chapter and this section. The Zoning Administrator or designee is hereby authorized and directed to enforce these regulations.

   B.   Effect: The effect of these regulations is as follows:

      1.   Recognize that signs are a necessary means of useful communication for the convenience of the public.

      2.   Maximize the value of signage as a means of locating and identifying businesses and properties while discouraging the use of signs to sell goods and services.

      3.   Protect, preserve and enhance the unique aesthetic character, beauty and charm of the City and the surrounding area and to encourage the continued development of tourism within the zoning jurisdiction.

      4.   Promote signs that are of appropriate scale and integrated with surrounding buildings and landscape to further the community's desire for quality development and compatibility within each sign district.

      5.   Promote clear views of the natural surroundings by minimizing visual clutter and reducing the competition for airspace.

      6.   Protect the public from hazardous conditions that can result from signs that are structurally unsafe, obscure the vision of motorists, create dangers to pedestrian traffic or which compete or conflict with necessary traffic signals and warning signs.

      7.   To prohibit additional and eliminate existing off premises signs and billboards, which are considered blight to the community and should be removed as early as possible.

      8.   Eliminate distracting lighting, excessive glare and light pollution by reasonably limiting the illumination of signs and buildings to subdued, adequately shielded or concealed light sources.

      9.   Encourage the construction of signs of natural materials, which are compatible with the historic, cultural and natural surroundings.

      10.   Impose reasonable time, place and manner restrictions while not unnecessarily interfering with the free exercise of rights granted under the First Amendment of the United States Constitution.

   C.   Substitution Clause: Any sign allowed under this chapter may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area and other requirements of this chapter. (Ord. 19-03, 2-4-2019)

   A. Exempt Signs: The following signs are exempt from the overall sign allowance and do not require permits but must comply with all other requirements of the district, such as size, height, location, materials, etc.:

      1.   Signs erected and maintained by the Federal, State, or local government; public utility, public service or railroad signs that aid in safety; off premises hospital signs.

      2.   Signs that cannot be read from a public right-of-way, including signs located entirely inside a building and not readily visible from outside the building, as well as signs intended to be readable from within a parking area but not readable beyond the boundary of the lot where they are located.

      3.   Nonilluminated window displays, window signs and painted window lettering, with the exception that, in the Old Town District, such signs are allowed a limited area (see subsection 11-5-6-2A10 of this chapter).

      4.   A ground or wall sign not exceeding four (4) square feet located at a housing or apartment complex.

      5.   One subdivision sign per entrance to a subdivision on streets with different names not exceeding twenty four (24) square feet per face nor exceeding four feet (4') in height.

      6.   On-premises incidental signs that do not exceed two (2) square feet.

      7.   Non-illuminated non-commercial signs not exceeding six (6) square feet on residential and resort residential zoned properties, and not exceeding thirty two (32) square feet in Commercial and Industrial Zones.

      8.   Barber poles and religious symbols.

      9.   The following non-illuminated temporary signs located on private property, provided they are removed at the completion of the activity (in real estate, completion means closing) identified in the sign:

         a.   Notices posted by public agencies (i.e., notices of proposed land use actions, etc.).

         b.   Temporary signs placed on public property no more than two (2) weeks prior to an event and removed no more than two (2) days after the conclusion of the event as authorized by the City Council or the City Manager.

         c.   Temporary signs located on an active construction site not exceeding sixteen (16) square feet per face which are removed either at time of substantial completion or occupancy. Multiple contractors on a single development site are entitled to display signage, provided it is consolidated on a single sign and does not exceed thirty two (32) square feet per face.

         d.   Temporary signs displayed prior to, during and after elections, not exceeding six (6) square feet per face in Residential Districts, and not exceeding thirty two (32) square feet in other districts, to be removed no later than seven (7) days after the final election.

         e.   Temporary signs on properties for sale or rent, one per dwelling unit or property listed, six (6) square feet per sign face for detached dwelling units, thirty two (32) square feet per face for other uses, with one additional temporary sign allowed up to six (6) square feet per face on days the property is open for public viewing.

         f.   Temporary signs on or near residential properties having temporary yard or garage sales, up to six (6) square feet and no more than four feet (4') in height.

         g.   Temporary seasonal displays including flashing or blinking lights, objects and materials displayed on traditionally accepted civic, patriotic and religious days, provided that such decorations are maintained in safe condition and do not constitute a fire hazard. Temporary seasonal displays are allowed ten (10) days before Thanksgiving through the weekend after Winter Carnival in February.

      10.   One display box up to six (6) square feet for menus and a bulletin board up to twelve (12) square feet for events and notices is allowed for each restaurant, bar and lounge, or grocery store. Any area exceeding the maximum square feet shall be counted against the total allowable sign area. This does not apply to menu display boxes or bulletin boards that are not intended to be seen from a public right-of- way. Bulletin boards must be kept orderly and posters and handbills that hang outside the borders of the frame must be removed.

      11. Works of art including wall graphics, carvings and sculptures with no advertising matter, which are not used in connection with a commercial promotion or as an advertising device.

      12. The flag, pennant or insignia of any nation, organization of nations, state, province, county, city, any religious, civic or fraternal organization or educational institution, providing the flag, pennant or insignia conform to the following limitations:

         a.   Flags and pennants shall not exceed the proportions which have been established by presidential declaration: three feet by five feet (3' x 5') when hung from a building or five feet by seven feet (5' x 7') when hung from a freestanding flagpole.

         b.   Flags shall have a minimum clearance of eight feet (8') when they project over public sidewalks and fifteen feet (15') when projecting over streets or roads. If any point of a flag or flagpole projects beyond the curb into the street, the flag must maintain fifteen feet (15') of clearance. Clearance is measured from the lowest point of a slack flag to the nearest ground surface below. U.S. flags flown on holidays such as Veteran’s Day and Memorial Day are exempt from the height requirement above.

         c.   Flags, pennants and insignia shall be maintained in a clean and undamaged condition at all times.

         d.   The display of national flags, pennants and insignia shall be governed by the standard rules of international protocol.

         e.   No more than three (3) flags, either mounted on a single flagpole or three (3) separate flagpoles installed as a group.

         f.   No new flagpole permit shall be granted for flags displayed over thirty five feet (35') in height measured from the ground.

      13.   Signs on motor vehicles or trailers which are being operated or stored in the normal course of business such as signs indicating the name of the owner or business on delivery trucks, trailers and the like; provided that the primary purpose of such vehicles is not for use as signs and provided that such vehicles are parked or stored in areas appropriate to their use as vehicles.

      14.   A single changeable copy sign associated with a public park facility (see subsection 11-5-5K of this chapter).

      15.   A shared service club sign erected in cooperation with the City that can be used to advertise established organizations within the City. One may be located on Highway 93 South and one may be located on Highway 93 North.

   B.   Prohibited Signs: The following types of signs or attractive devices are prohibited in all districts:

      1.   Abandoned signs or any sign which identifies or advertises an activity, business, product, service or special event which is no longer produced, conducted, performed or sold on the premises where the sign is located.

      2.   Animated, rotating, flashing or blinking signs, strobe lights and searchlights except electronic message signs displaying time and temperature as provided elsewhere in these regulations. Barbers' poles are not regulated under this section.

      3.   Signs that have been unlawfully or illegally erected and/or maintained.

      4.   Signs that constitute a traffic hazard or a nuisance that are detrimental to the health, safety and welfare of the public.

      5.   Permanent display of banners, pennants, festoons, balloons, tethered objects, strings of flags, streamers, inflated objects or any device intended as an attractant that is affected by the movement of the air 1.

      6.   Roof signs higher than the apex of the roof. Religious symbols may extend up to thirty five feet (35'). Religious symbols may extend above thirty five feet (35') with a conditional use permit. Existing religious symbols are exempt from these provisions.

      7.   Signs imitating or resembling official traffic or government signs or signals.

      8.   Advertising matter or sign painted, mounted or attached on a vehicle, trailer or boat, outdoor storage containers and/or waste receptacles or their enclosures which are stored, parked or displayed in a conspicuous manner intended to attract the attention for advertising purposes.

      9.   Internally illuminated vending machines located outside a building and viewable from a public right-of-way.

      10.   Commercial billboards and off premises signs (except off premises alley signs as otherwise permitted herein).

   11. Any portable reader board.

   12. Permanent reader board (changeable copy) signs incorporated into a sign or as a stand-alone sign except for those associated with a religious assembly, school, fuel prices, theater, public park facilities, convention center or accommodation vacancy/no vacancy signs.

   13. Any temporary sign attached to public property, including, but not limited to, a utility pole or structure, streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench or other location on public property except as otherwise provided for in these regulations.

   14. Any sign with exposed incandescent, metal halide or fluorescent light bulbs.

   15. Any sign which emits audible sound, odor, smoke, steam, laser or hologram lights or other visible matter, including any device that employs any stereopticon, motion picture or audio projection.

   16. Any sign placed in any public right-of-way except for signs erected by the City, County, State or other authorized government agency; or as authorized by the City Council issuance of a right-of-way encroachment permit. Private signs permitted in the City right-of-way shall be included in the overall sign allowance for the property.

   17. Internally illuminated individual letters and internally illuminated signs.

   18. Electronically automated changeable copy signs, except that such signs displaying the time and temperature shall be permitted up to six (6) square feet in size, which square footage shall be in addition to the square footage otherwise allowed in this chapter.

   19. A-frame signs except as provided for in the Old Town District.

   20. Human signs that are considered commercial signs.

   21. Signs not expressly allowed by the regulations of this chapter.

   C.   Special Standards: The following sign types and land uses have special sign standards that do not neatly fit within the sign regulations. These signs or uses are subject to the following sign standards and not the sign district regulations within section 11-5-6 of this chapter:

      1.   Temporary Commercial Event Signs:

         a.   Temporary commercial signs of a duration not to exceed thirty (30) consecutive days twice per calendar year, but no two (2) periods shall be closer than four (4) months apart. Any community wide sales event, whether sponsored by the local chamber, community service group or promoted by the City, shall not count toward the allowable days in this subsection. A single temporary sign is allowed per business. No more than two (2) temporary signs shall be displayed for multi-tenant locations. Display of banner signs up to twenty four (24) square feet, pennants, festoons, balloons, tethered objects, strings of flags, streamers, inflated objects or any other device intended as an attractant which is affected by the natural movement of the air may be temporarily allowed under this section. A business must apply for a special temporary event sign permit from the City Zoning Administrator to qualify under this subsection. Only the specific items approved on the special temporary sign permit may be used by the applicant. Items not approved on the special temporary sign permit remain prohibited.

      Balloons would specifically be allowed under these temporary sign regulations for a duration not to exceed thirty (30) days in a six (6) month period.

         b.   Any business, organization, or community group whose access, visibility, or patronage is detrimentally affected by a government street, excavation, or infrastructure project, as determined by the Zoning Administrator, may obtain up to two (2) temporary signs totaling not more than twenty four (24) square feet combined, for the duration of the project without regard to the limit of thirty (30) consecutive days in a six (6) month period in the previous paragraph. There shall be no fees assessed for such temporary signs during a government project.

      2.   Performing Art Centers:

         a.   A single changeable copy sign (see subsection 11-5-5K of this chapter).

         b.   One wall sign no more than twenty four (24) square feet. Such sign may be integrated into the event promotion sign or may be a separate sign. This wall sign is separate and distinct from the permitted changeable copy sign.

         c.   Freestanding signs shall conform to the standards within the applicable sign district.

         d.   An area of a building wall or fascia may be designated for event promotion signage. The purpose of this area is to allow multiple changing signs to promote current and upcoming events. Event promotion sign panels shall be mounted rigidly and shall only be affixed within a structural frame within the designated sign area. The sign location shall be established through an overall sign plan submitted by the operator/owner of the building to the Planning Department for review and approval. Once the overall sign plan is approved, no additional permit is required to change individual event promotion sign panels. In no case shall the individual area of each event promotion sign panel exceed twenty four (24) square feet nor the total number of event promotion sign panels exceed three (3). In addition, a small sign not to exceed two (2) square feet per sign shall be permitted above or below each individual event promotion sign panel stating, "Now Playing", "Coming Soon" or something similar.

      3.   Schools:

         a.   Public and private schools (K - 12) are allowed one externally illuminated ground mounted sign a maximum of eighteen (18) square feet per side, set back five feet (5') from property lines, landscaped around the base, no more than six feet (6') in height, and preferably made of wood. Additionally, one non-internally illuminated building mounted school identification sign of up to sixteen (16) square feet is allowed per school, as well as one building mounted "slogan" sign, such as "Home Of The Bulldogs", not to exceed twelve (12) square feet.

         b.   A single changeable copy sign (see subsection 11-5-5K of this chapter).

      4.   Religious Assemblies Or Convention Centers:

         a.   In addition to other signs allowed per these regulations in the applicable sign district, a single changeable copy sign (see subsection 11-5-5K of this chapter). (Ord. 19-03, 2-4-2019; amd. Ord. 24-13, 11-18-2024)

The following are general standards that apply to all signs in all sign districts. Specific standards are contained in each of the sign districts.

   A.   Freestanding And Ground Mounted Signs: The following standards apply in all sign districts:

      1.   Freestanding or ground mounted signs are permitted according to the size and height standards of the sign district in which the property is located. All freestanding and ground mounted signs must have a landscaped area around the base of the sign. The landscape area must contain living landscape material consisting of shrubs and/or perennial ground cover plants placed throughout the landscape area. The use of architectural structures and/or embellishments that enhance the building or site and are an integrated part of the sign are encouraged. Architectural embellishments that do not exceed more than twenty five percent (25%) of the allowed height or fifty percent (50%) of the allowed square footage will not be counted against the allowance. Architectural embellishments may exceed twenty five percent (25%) of the height and fifty percent (50%) of the area with the approval of staff, upon recommendation from the Architectural Review Committee. The allowable square footage for a freestanding sign may be transferred to one building mounted sign if a freestanding sign is not used on the property.

      2.   A freestanding sign may consist of more than one sign panel provided all such sign panels are consolidated into one common integrated sign structure. In the event a sign is installed that does not utilize the maximum sign area permitted, any supplemental additions must conform with, and be compatible with the existing sign structure. All freestanding signs may be single-face or back-to-back but must not be canted or constructed in a "V" shape.

      3.   The edge of any freestanding sign nearest the property line must be set back a minimum of five feet (5') from the property line. Freestanding signs must not be installed within thirty feet (30') of any Residential District. Freestanding signs proposed to be located on a corner lot must maintain a clear vision triangular area and maximum of thirty six inches (36") to the top of the sign structure. The clear vision triangle area on a corner lot will be determined by measuring twenty feet (20') along both street side property lines from their intersection or ten feet (10') from the intersection of a property line adjacent and parallel to a public or private street or driveway. Where there is one or more freestanding sign on a development site, the signs must be spaced a minimum of sixty feet (60') apart.

      4.   Signs will be mounted on two (2) parallel posts or an aggregate base rather than a single post.

   B.   Building Mounted Signs: Building signs include signs that are flush mounted on a building and signs attached to the building in some other manner. Building mounted signs are allowed in all of the sign districts. The sign district in which the property is located determines allowable square footage. This would include, but not be limited to, the signs listed below.

      1.   Projecting Signs: One projecting sign is permitted per business. The sign may not extend more than five feet (5') beyond the building and at least eight feet (8') above the surface below. Such signs must be placed perpendicular to the building face or corner of the building.

      2.   Awning/Canopy Signs: Awning/canopy signs may be used in conjunction with other building mounted signs and would be placed on permanent or temporary awning or canopy.

      3.   Building Wall Painting Signs: These signs would generally be painted directly on the building wall and are permitted in all districts.

      4.   Hanging Signs: These signs would typically be found mounted on an awning, canopy or other similar overhang on a building.

   C.   Measurement Of Sign Area: Sign area for the purpose of measuring total square footage will be measured as a total of all sign faces including multifaced signs 1 .

      1.   Sign Copy With Background: Sign copy mounted, affixed or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangle(s) that will enclose both the sign copy and the distinctive background panel or area.

      2.   Individual Letters: Sign copy mounted as individual letters or graphics against a wall, fascia, mansard or parapet of a building or surface of another structure, that has not been painted, textured or otherwise altered to provide a distinctive background for a sign copy, is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign.

      3.   Area Calculation: Sign area for the purpose of measuring total square footage will be measured as a total of all sign faces including multi-faced signs.

      4.   Sculptural Signs: Spherical, free-form, sculptural or other nonplanar sign areas are forty percent (40%) of the sum of the areas using only the four (4) vertical sides of the smallest four (4) sided polyhedron that will encompass the sign structure.

   D.   Measurement Of Sign Height: Sign height will be measured as described below:

      1.   Freestanding Signs: Sign height is the distance measured from the centerline of the adjacent road right-of-way to the topmost portion of the sign containing lettering when the sign is below the grade of said street. When the sign is at or above the grade of the street, the sign height is measured from the grade at the base of a sign to the topmost portion of the sign area containing the lettering. Architectural embellishments that do not exceed more than twenty five percent (25%) of the allowed height or square footage will not be counted against the allowance. Architectural embellishments may exceed twenty five percent (25%) of the height with the approval of staff, upon recommendation from the Architectural Review Committee.

      2.   Building Mounted Signs: The height of wall, fascia, mansard, parapet or other building mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure.

   E.   Lighting:

      1.   Lighting must be designed, located, shielded and directed to prevent misdirected or excessive artificial light and to maximize energy efficiency. Lighting must have adequate shielding or screening so it does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Downward directed lighting is encouraged.

      2.   Internally illuminated individual letters and internally illuminated signs are prohibited in all districts. Canopies, awnings, fascia and similar structures, whether or not they contain sign copy, may not be intentionally illuminated with direct internal illumination. Canopies, awnings, and fascias which are only minimally and indirectly illuminated may be permitted if, in the determination of the Zoning Administrator, they do not attract attention to a location or subject matter. Wood signs and signs made of natural materials externally lit are encouraged.

      3.   Use of neon and/or other lighting arranged around a building, sign or other structure for the purpose of attracting attention is prohibited.

      4.   Because night light pollution is a growing problem, reduction or turning off sign lighting during nonoperating hours is encouraged.

   F.   Total Number Of Signs: Commercial, industrial, institutional and other nonresidential uses are allowed one freestanding sign per developed site unless the developed site has highway frontage in excess of one hundred fifty feet (150') in which case one freestanding sign per one hundred fifty feet (150') is allowed as provided for in these regulations. Up to a maximum of three (3) individual building signs are permitted. A combination of any of the permitted signs is allowed provided they do not exceed the total square footage allowed under the sign district in which the property is located.

   G.   Multiple Businesses On A Single Development Site: A master sign plan will be required for all multiuse buildings and commercial developments containing more than one tenant and/or building that will be kept on file with the City. The master sign plan must be approved prior to issuance of a building permit for all new buildings, additions or renovations. The master sign plan will run with the multiuse building or commercial center and not with the individual tenants.

   H.   Alley Entrance And Signs: Signs located on rear public entrances to individual businesses must not exceed six (6) square feet in area, eight feet (8') in height and will be flush mounted to the wall. Business establishments accessible only from an alleyway are permitted one flush mounted building sign up to sixteen (16) square feet in area and eight feet (8') in height in a location of closest proximity to the business whether on or off the premises.

   I.   Businesses Without Frontage On A Public Road: Where a business is located on a parcel without frontage on a public road and is served by an easement through a parcel with frontage, the business without frontage is entitled to a freestanding sign, provided the parcel and easement were created prior to June 19, 2000. The parcel without frontage must incorporate its sign, and be shared equally, into the freestanding sign of the parcel with frontage. The total square foot area allowed for the freestanding sign will be based on the multi-tenant sign allowance for its underlying sign district. Signage conforming to this provision is not considered off premises signage.

   J.   Compliance With Building And Electrical Codes: All signs must be constructed in accordance with the requirements of the Building Code and the Montana State Electrical Code. Electrical wiring must be placed underground.

   K.   Manual Changeable Copy Sign: A permanent sign incorporating manual changeable copy (reader board) allowed by this title may not exceed sixteen (16) square feet (24 square feet in the Highway District). Changeable copy is limited to five (5) lines of lettering and numbers not exceeding six inches (6") (8 inches in the Highway District) in height except as otherwise provided.

   L.   Abandoned Signs: Signs that advertise a business, goods, service or property no longer provided on the premises must be removed within thirty (30) days of the use being vacated.

   M.   Removal And Replacement Of Nonconforming Signs: All nonconforming signs must be removed or brought into compliance with these regulations at the occurrence of any of the following events:

      1.   The sign is removed, relocated or replaced for any reason, with the exception of temporary removal if required as part of a road maintenance or construction project in a public right-of- way.

      2.   Cessation or change of the business to which the sign pertains, and a new sign is placed on the site.

      3.   The structure or size of the sign is altered in any way including the change of internal or changeable popout panels in the Highway District or change of sign copy on the sign. This does not include signs intended to have manual changeable copy of individual letters or figures that are regularly or routinely changed. Where the change in signage is for a single tenant of a multi-tenant building, this clause does not apply.

      4.   Signs that flash, blink or rotate must cease flashing, blinking or rotating.

      5.   Whenever the sign is damaged or destroyed in any manner to the extent that the cost of restoration exceeds fifty percent (50%) of the total cost of reconstructing a conforming sign.

      6.   Signs previously granted a variance will be treated the same as any other nonconforming sign and will be brought into compliance as required by these regulations.

      7.   Abandonment of a sign for a continuous period of thirty (30) days.

      8.   The building official determines the sign is an immediate hazard to the public health, safety and welfare because of the disrepair, unsafe mounting, imminent dislodging or other safety factor.

   N.   Display Of Street Numbers: Each business will include the street numbers on the face of the building or sign. The numbers will be visible for easy identification of the property. Street numbers do not count against the allowable sign allowance when computing square footage where the number is incorporated on the sign.

   O.   Fuel Prime: The price per gallon may be:

      1.   Displayed on each individual pump with characters not exceeding six inches (6") in height; or

      2.   Displayed as changeable copy, not exceeding six inches (6") in height (8 inches in the Highway District) on the primary freestanding sign. An existing freestanding sign may be increased by ten (10) square feet for this purpose only. (Ord. 19-03, 2-4-2019; amd. Ord. 23-14, 8-21-2023; Ord. 24-13, 11-18-2024)

The character of development in the Highway District generally includes single use commercial buildings as well as multiple use shopping centers and strip retail facilities, mostly single story in height. The area contains a mix of tourist and local user businesses. The intent of regulating signs in this district is to recognize the needs of auto oriented business while taking care to avoid the clutter and confusion associated with linear highway development.

   A.   Lighting: Lighting of signs shall be designed to comply with the following standards:

      1.   All lighting shall be designed, located, shielded and directed to prevent misdirected or excessive artificial light and to maximize energy efficiency. Lighting shall have adequate shielding or screening so that it does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Downward directed lighting is encouraged.

      2.   Internally illuminated individual letters and internally illuminated signs are prohibited. Wood signs and signs made of natural materials that are externally lit are encouraged.

      3.   Use of neon and/or other lighting arranged around a building, sign or other structure for the purpose of attracting attention is prohibited.

      4.   Because nighttime light pollution is a growing problem, reduction or turning off sign lighting during nonoperating hours is encouraged.

   B.   Sign Regulations In The Highway District: The following special provisions apply to signs in the Highway District.

      1.   Freestanding And Ground Mounted Signs: Every business or developed site within the Highway District is allowed one freestanding or ground mounted sign that does not exceed ten feet (10') in height. For lots that have less than one hundred fifty feet (150') of property frontage, one freestanding sign is allowed. For lots that have between one hundred fifty one feet (151') and three hundred feet (300') of property frontage, two (2) freestanding signs are allowed. For lots that have between three hundred one feet (301') and four hundred fifty feet (450') of property frontage, three (3) freestanding signs are allowed. Additional signs shall not exceed the maximum square footage that is allowed in the district. All freestanding or ground mounted signs must have landscaping around the base. A maximum of seventy five (75) square feet per sign is allowed for each developed site utilizing a freestanding or ground mounted sign.

The edge of any freestanding sign nearest the property line shall be set back a minimum of five feet (5') from the property line.

      2.   Incidental Signs: Nonilluminated directional signs not exceeding two (2) square feet may be placed at the entrance to a business and do not count against the allowable square footage.

      3.   Display Of Street Numbers: Each business will include the street numbers on the face of the building or sign. The numbers will be visible for easy identification of the property. Street numbers do not count against the allowable sign allowance when computing square footage where the number is incorporated on the sign.

      4.   Building Mounted Signs: A maximum of three (3) building signs are allowed in the Highway District on developed sites with a single business 1 .

         a.   Single Tenant Sites: The allowable sign area for a single tenant building shall be one-half (0.5) square foot per linear foot of building frontage.

         b.   Multiple Tenant Sites: The allowable sign area for multi- tenant sites shall be calculated on the basis of six-tenths (0.6) square foot per linear foot of building frontage.

      5.   Projecting Signs: One projecting sign is permitted per business and cannot exceed twenty four (24) square feet per face; awning/canopy signs, painted wall signs and flush mounted building signs may be used in conjunction with a projecting sign provided the total square footage does not exceed that which is allowed.

      6.   Multiple Businesses And Buildings Less Than One Hundred Thousand Square Feet: A master sign plan is required for all multiuse buildings and commercial developments containing more than one tenant and/or building. The master sign plan must be approved prior to issuance of a building permit for any new building, additions or renovations. The master sign plan shall run with the multiuse building or commercial center and not with the individual tenants.

         a.   Each tenant is allowed one building mounted sign. The allowable sign area is calculated on the basis of six-tenths (0.6) square foot per linear foot of building frontage.

         b.   Developed sites with two (2) or more tenants and/or buildings receive a base sign allowance of sixty five (65) square feet plus an additional ten (10) square feet per tenant on a freestanding sign or signs. Where more than one freestanding sign is allowed on a single business property, the combined square footage cannot exceed the total allowable square footage for the site.

      7.   Multiple Businesses And Buildings Greater Than One Hundred Thousand Square Feet: A master sign plan is required for all multiuse buildings and commercial developments containing more than one tenant and/or building. The plan shall be negotiated on a project basis with each individual complex.

For any development to be vested under this provision, the owner or agent needs to present the master sign plan to the review bodies within one year of adoption of this title. Failure to meet the one year time frame would mean that any nonconforming signage would fall under the provisions found in subsection 11-5-7D of this chapter.

      8.   Alley Entrance And Signs: Signs located on rear public entrances to individual businesses shall not exceed six (6) square feet in area, eight feet (8') in height and will be flush mounted to the wall. Business establishments accessible only from an alleyway are permitted one sign flush mounted on the building that does not exceed sixteen (16) square feet in area and eight feet (8') in height in a location of closest proximity to the business on or off the premises.

      9.   Neon Advertising Window Signs: Beer signs, open signs, etc., located within the windows for view by the outside traffic are limited to four (4) signs per business with a maximum size of three (3) square feet per sign.

      10.   Through Lots: The property shall have a "main" frontage, per the definition in section 11-9-2 of this title, with the other being the "secondary" frontage. The property is permitted a freestanding or ground mounted sign on the main frontage. A second freestanding or ground mounted sign is permitted on the "secondary" frontage that is seventy five percent (75%) of the sign size permitted on the main frontage. (Ord. 19-03, 2-4-2019)

The building type and architecture predominant in this area consists of storefront type buildings, some with significant architectural and historical interest, which generally abut directly on the sidewalk. Buildings are typically one- or two- story structures with retail activity occurring on the street level and office or living quarters on the second story. Primary orientation is to pedestrians with a strong emphasis toward creating a positive image for the Town Center to both residents and tourists.

The intent of the sign standards in this district is to preserve and promote the historic downtown area of the City, encourage pedestrian access and emphasize the unique qualities inherent to Whitefish. These qualities are viewed as an integral part of the City's economic vitality, stability and growth. The area is characterized by narrow streets, small lots and narrow lot frontages with buildings that are representative of the early development of Whitefish. In creating a standard for the Old Town District, it is recognized that signs contribute to the overall visual image and character of the area. As a primary visual element of any commercial area, each sign should enhance the visual character of the historic Town Center image.

   A.   Sign Regulations In Old Town District: The following provisions apply to signs within the Old Town District:

      1.   Freestanding And Ground Mounted Signs: One freestanding or ground mounted sign is allowed in the Old Town District per developed site. The sign shall not exceed six feet (6') in height and shall be mounted on two (2) parallel posts or an aggregate base. All freestanding or ground mounted signs must have landscaping around the base. Freestanding or ground mounted signs are allowed a maximum of twenty four (24) square feet plus five (5) square feet per tenant in a multi-tenant site.

      2.   Building Mounted Signs: A maximum of two (2) building signs are allowed in the Old Town District on developed sites with a single business. Where a business is located on two (2) or more frontages, a total of three (3) individual building signs are allowed. Multiple tenant sites are allowed one building mounted sign and one sign hanging under the awning and over the sidewalk per business. Multi-tenant buildings with an exposed side wall are allowed two (2) building mounted signs and an under the awning sign. Allowable area for a single tenant building shall be four-tenths (0.4) square foot per linear foot of building frontage. Allowable area for multi-tenant sites shall be calculated on the basis of one-half (0.5) square foot per linear foot of building frontage. The maximum size of the sign under the awning is eight (8) square feet per face and shall have a minimum clearance of seven feet (7') above the sidewalk. The awning sign is included in the allowable sign area.

      3.   Projecting Signs: One projecting sign is permitted per business that does not exceed sixteen (16) square feet per face. Awning/canopy signs, painted wall signs and flush mounted building signs may be used in conjunction with a projecting sign provided the total square footage does not exceed that which is allowed.

      4.   Multiple Business Signage 1 : Where a single common entrance serves two (2) or more businesses, they are considered one business for sign computation purposes. A single business operating on a second story, accessed by an entrance at sidewalk level, is allowed one building mounted sign located adjacent to such entrance at the sidewalk level. A sign for multiple businesses on a second story shall be adjacent to the sidewalk level doorway. A master sign plan shall be required for all multiuse buildings and commercial developments containing more than one tenant and/or building. The master sign plan shall run with the multiuse building or commercial center and not with the individual tenants.

      5.   Alley Entrance Signs: Signs located on the rear public entrances to individual businesses shall not exceed six (6) square feet in area and shall be flush mounted on the building. Alley or rear entrance signs associated with pedestrian walkways through buildings shall not exceed six (6) square feet in area and shall be flush mounted on the building. One sign for business establishments accessible only from an alleyway are permitted provided they are flush mounted on the building, do not exceed sixteen (16) square feet in area and placed in a location of closest proximity to the business(es) whether on or off the premises. Such signs do not count toward the overall sign area or building mounted sign totals.

      6.   Portable Signs: One ”sandwich board” or "A-frame" sign is allowed per storefront street level entrance, including multi-tenant buildings, subject to the following:

      7.   Neon Signs: Neon is prohibited in the Old Town District.

         a.   Neon signs may be approved for an artistic rendering with a conditional use permit.

         b.   Area for neon graphics will be calculated as the area contained within the sum of the smallest rectangle(s) that will enclose the graphic.

         c.   Neon advertising (beer signs, open signs, etc.) located within the windows for view by the outside traffic is limited to four (4) signs per business with a maximum size of three (3) square feet per sign.

      8.   Display Of Street Numbers: Each business will include the street numbers on the face of the building or sign. The numbers will be visible for easy identification of the property. Street numbers do not count against the allowable sign allowance when computing square footage where the number is incorporated on the sign.

      9.   Edge Setback: The edge of any freestanding sign nearest the property line shall be set back a minimum of five feet (5') from the property line.

      10.   Window Signs: Window signs are limited to a maximum coverage of twenty percent (20%) of the window area, and no more than fifty percent (50%) of the window area may be covered by interior furnishings, including, but not limited to, curtains, shades, signs, or shelves.

   B.   Lighting: Lighting of signs shall be designed to comply with the following standards:

      1.   All lighting shall be designed, located, shielded and directed to prevent misdirected or excessive artificial light and to maximize energy efficiency. Lighting shall have adequate shielding or screening so that it does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Downward directed lighting is encouraged.

      2.   No sign shall be internally illuminated. Internally illuminated individual letters are prohibited.

      3.   Wood signs and signs made of natural materials are encouraged.

      4.   Because nighttime light pollution is a growing problem, reduction or turning off sign lighting during nonoperating hours is encouraged. (Ord. 19-03, 2-4-2019; amd. Ord, 24-13, 11-18-2024)

The character of development in this area includes mixed residential and retail uses with the retail uses being located primarily along arterial roadways to serve local community residents as well as multiple use, tourist-oriented centers and vehicular traffic because limited pedestrian access is available. The intent of regulating signs in this district is to recognize the needs of business while encouraging a local neighborhood business orientation. A primary intent is to ensure long term compatibility of the business, residential and tourism uses in this district by creating a complementary atmosphere that enhances all elements.

   A.   Sign Regulations: The following provisions apply to signs within this district:

      1.   Freestanding And Ground Mounted Signs: One freestanding or ground mounted sign is allowed per developed site that does not exceed six feet (6') in height. All freestanding or ground mounted signs must be mounted on two (2) parallel posts or an aggregate base and must have landscaping around the base. Freestanding or ground mounted signs are allowed a maximum of twenty four (24) square feet.

The edge of any freestanding sign nearest the property line shall be set back a minimum of five feet (5') from the property line.

      2.   Building Mounted Signs: A maximum of one building sign per business is allowed on developed sites with a single business. Total square footage for building mounted signs may not exceed twenty four (24) square feet.

      3.   Projecting Signs: One projecting sign is permitted per business. An awning/canopy sign, painted wall sign or flush mounted building sign may be used in lieu of a projecting sign provided the total square footage does not exceed that which is allowed.

      4.   Multiple Business Signs: Where a single common entrance serves two (2) or more businesses, they are considered one business for sign computation purposes. A single business operating on a second story accessed by an entrance at sidewalk level is allowed one building mounted sign located adjacent to the entrance at sidewalk level. A sign for multiple businesses on a second story shall be adjacent to the entrance level doorway.

         a.   Freestanding Signs: One sign per development site that does not exceed six feet (6') in height. Developed sites with two (2) or more tenants receive a base sign allowance of twenty four (24) square feet plus an additional five (5) square feet per tenant.

         b.   Building Mounted Signs: One per tenant not to exceed twenty four (24) square feet for lots forty (40) linear feet of building frontage and less or twenty four (24) square feet plus six-tenths (0.6) square foot per linear foot of building frontage in excess of forty (40) linear feet. In addition, five (5) square feet per tenant.

   B.   Lighting: Lighting of signs shall be designed to comply with the following standards:

      1.   All lighting shall be designed, located, shielded and directed to prevent misdirected or excessive artificial light and to maximize energy efficiency. Lighting shall have adequate shielding or screening so that it does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Downward directed lighting is encouraged.

      2.   No sign shall be internally illuminated. Individually internally illuminated letters are prohibited.

      3.   Wood signs and signs made of natural materials are encouraged.

      4.   Because nighttime light pollution is a growing problem, reduction or turning off sign lighting during nonoperating hours is encouraged.

   C.   Neon Signs: Neon is prohibited in the Community Business and Resort District.

      1.   Neon signs may be approved for an artistic rendering with a conditional use permit.

      2.   Area for neon graphics will be calculated as the area contained within the sum of the smallest rectangle(s) that will enclose the graphic.

      3.   Neon advertising (beer signs, open signs, etc.) located within the windows for view by the outside traffic is limited to four (4) signs per business with a maximum size of three (3) square feet per sign.

   D.   Display Of Street Numbers: Each business will include the street numbers on the face of the building or sign. The numbers will be visible for easy identification of the property. Street numbers do not count against the allowable sign allowance when computing square footage where the number is incorporated on the sign. (Ord. 19-03, 2-4-2019)

The character of development in this area is residential with limited home-based businesses or limited nonresidential uses. The primary orientation is to the neighborhoods and its residents with a strong emphasis on pedestrians. While the areas contain some home-based business and limited tourism-oriented businesses such as bed and breakfasts, the intent of regulating signs in this district is to recognize that these are residential neighborhoods that require signs that do not compete with the residential character of these districts.

   A.   Sign Regulations In Residential Districts: The following provisions apply to signs within this district:

      1.   Freestanding Signs: Freestanding signs are only permitted for residential subdivision, multi-family residences, nonresidential conditional uses, or public uses. One freestanding sign is permitted per multi-family residence or nonresidential conditional use and may not exceed ten (10) square feet or four feet (4') in height. Freestanding signs for parks and other public uses may not exceed fifteen (15) square feet or six feet (6') in height. Freestanding signs must be mounted on two (2) parallel poles, landscaped around the base and be made of natural materials and colors. One subdivision sign is permitted per entrance on streets with different names not exceeding twenty four (24) square feet per face nor exceeding four feet (4') in height. The subdivision may have multiple signs at the entrance, provided the total square footage of signs at the entrance does not exceed twenty four (24) square feet.

The edge of any freestanding sign nearest the property line shall be set back a minimum of five feet (5') from the property line.

      2.   Building Mounted Signs: No more than one (1) 2-square foot sign flush mounted on the building is allowed per property that identifies a home-based business or other residential use allowed by the zoning regulations.

   B.   Lighting: No sign shall be internally or externally illuminated.

   C.   Neon Lighting: Neon lighting of any kind is prohibited in this district. (Ord. 19-03, 2-4-2019; amd. Ord, 24-13, 11-18-2024)

The intent of regulating signs in this district is to recognize the needs and nature of the businesses along the highway corridors while avoiding conflicts with the rural areas in which they are generally located. The signs should be architecturally compatible with each other and with the buildings in the areas in which they are located. All of the signs in this district shall also be subject to the general and specific sign standards provided for in this chapter.

   A.   Lighting: Lighting of signs shall be designed to comply with the outdoor lighting ordinance and the following standards:

      1.   All lighting shall be designed, located, shielded and directed to prevent light from leaving the property boundaries, to maximize energy efficiency and be used in a complementary manner. Lighting shall be directed so that it does not cast light into the view of traveling motorists or intrude onto nearby residential properties. Downward, recessed lighting is encouraged as the primary means of lighting signs.

      2.   Internally illuminated signs are prohibited. Back lit lighting on individual letters for building mounted signs is allowed. Externally lit wood signs and signs made of natural materials and color are encouraged as the primary type of signs.

      3.   Use of neon and/or other lighting arranged around a building, sign or other structure for the purpose of attracting attention is prohibited.

      4.   Because nighttime light pollution is a growing problem, reduction or turning off sign lighting during nonoperating hours is encouraged.

   B.   Special Provisions: Sign regulations for the Business Service District are subject to the following special provisions:

      1.   Freestanding And Ground Mounted Signs: Every property or developed site within the Business Service District is allowed one freestanding, ground mounted or monument sign that does not exceed eight feet (8') in height and fifty (50) square feet per face. For lots that have less than two hundred fifty feet (250') of property frontage, one freestanding sign is allowed. For lots that have two hundred fifty feet (250') or more of property frontage, two (2) freestanding signs are allowed. No property, regardless of the amount of frontage, or status as a through lot or corner lot, shall exceed more than two (2) signs.

         a.   Businesses located on a corner lot with frontage along two (2) public roads may have a sign along each frontage provided that the signs may not be located within the same building setback area.

         b.   The nearest edge of any freestanding sign shall be set back a minimum of five feet (5') from the property line, right-of-way or road easement.

      2.   Display Of Street Numbers: Each business will include the street numbers on the face of the building or sign. The numbers will be visible for easy identification of the property. Street numbers do not count against the allowable sign allowance when computing square footage.

      3.   Building Mounted Signs: Each business within the Business Service District shall be allowed a minimum of one building mounted sign subject to the following standards:

         a.   Maximum Number Of Signs Allowed: A maximum of two (2) building mounted signs are allowed in the Business Service District on developed sites with a single business.

         b.   Single-Tenant Sites: The allowable sign area for a single- tenant site shall be twenty four (24) square feet unless otherwise provided.

         c.   Multi-Tenant Sites: The allowable sign area for multi-tenant sites shall be twenty four (24) square feet per tenant unless otherwise provided.

         d.   Awning/Canopy Signs: One awning/canopy sign is allowed per business or tenant in addition to a building mounted sign; provided, the total sign area does not exceed the allowable square footage provided for building mounted signs.

      4.   Projecting Signs: One projecting sign is permitted per business and cannot exceed eight (8) square feet per face; awning/canopy signs, painted wall signs and flush mounted building signs may be used in lieu of a projecting sign; provided, the total square footage does not exceed that which is allowed.

      5.   Multiple Businesses: A master sign plan shall be submitted for all multi-business buildings or developments containing more than one tenant and/or building. The conceptual master sign plan must be approved prior to issuance of a building permit or zoning compliance permit for any new building, additions or renovations. The master sign plan shall run with the multiuse building and not with the individual tenants.

         a.   Each tenant is allowed one building mounted sign not to exceed twenty four (24) square feet or a maximum of thirty (30) square feet if freestanding square footage is transferred to a building mounted sign.

         b.   Developed sites with two (2) or more tenants shall be allowed one freestanding or ground mounted sign not to exceed fifty (50) square feet per face, or as otherwise provided. Where more than one freestanding sign is allowed for a single property, the total allowable square footage for each sign shall not exceed fifty (50) square feet per face.

      6.   Internal Business Signs: Businesses accessible only from an interior driveway are permitted an additional flush mounted building sign that does not exceed twenty four (24) square feet in area.

      7.   Advertising Window Signs: Signs inside windows for view by the outside traffic are limited to three (3) signs per business with a maximum size of three (3) square feet per sign. These window signs are encouraged to have an artistic graphic component. Neon is discouraged.

      8.   Through Lots: Properties that have a "main" frontage, per the definition in section 11-9-2 of this title, with the other being the "secondary" frontage are permitted a freestanding or ground mounted sign on the main frontage as provided in this section. A second freestanding or ground mounted sign is permitted on the "secondary" frontage that does not exceed thirty two (32) square feet or six feet (6') in height. (Ord. 19-03, 2-4-2019)

   A.   Permits Required: Unless otherwise provided by this chapter, all new signs shall require permits. A permit is required for any substantial changes to a sign including, but not limited to, a change of copy, design, size or illumination of an existing sign. No permit is required for routine sign maintenance such as painting, landscaping and manually changeable copy, nor for the replacement of an individual sign panel for a new tenant on a permitted multi-tenant sign that was designed with removable or replaceable sign panels.

      1.   Application For Permit: Application for a permit for the erection, alteration or relocation of a sign shall be made to the City on a form provided by the Zoning Administrator or designee and shall include the following information.

         a.   Name and address of the sign owner, name and address of the contractor installing the sign along with the business name and the name and address of the property owner, if different from the sign owner.

         b.   Street address and/or location of the property where the sign is to be located.

         c.   A site plan showing the dimensions of the property, building location, driveway(s) and other relevant features including the proposed location of the sign(s) on the site and/or on the building and existing signs on the site.

         d.   The number and type of sign(s) or sign structures as defined in these regulations and the district in which it is located.

         e.   Scaled drawing of the individual sign(s) which includes specifications of the individual sign(s) showing the height, size, dimensions, materials, colors, structural supports, landscaping, lighting and electrical components and the total square footage for each sign face. All information shall be provided in simple, nontechnical language.

         f.   It shall be the applicant's responsibility to become familiar with the Whitefish sign regulations and to ensure that the proposed sign fully complies with such regulations.

      2.   Permit Issuance: The Zoning Administrator or designee shall issue a permit for the erection, alteration or relocation of a sign within fourteen (14) calendar days of receipt of a valid permit application, provided the sign complies with all applicable laws and regulations of the City. The failure of the Zoning Administrator or designee to issue or deny a permit within fourteen (14) calendar days shall not be cause for the automatic issuance of a permit. A permit issued by the Zoning Administrator or designee becomes null and void if work is not commenced within one hundred eighty (180) days of issuance. If work authorized by the permit is abandoned or suspended for sixty (60) days, the permit must be renewed with an additional payment of one-half (1/2) the original fee. A permit mistakenly issued for a sign that does not comply with the Whitefish sign regulations is null and void and confers no rights upon the applicant.

      3.   Permit Denial: When the Zoning Administrator denies a permit, written notice shall be given to the applicant with a brief statement of the reasons for denial. No sign permit may be denied based upon the message contained on the proposed sign. The Zoning Administrator or designee may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

      4.   Work Done Without A Permit: If any sign is installed or placed on any property without a permit, the specified permit fee shall be doubled. This does not in any way relieve the owner from fully complying with all of the regulations relating to sign design. Payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this chapter.

   B.   Inspection Of Work: Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the Zoning Administrator or designee upon completion of the work. The Zoning Administrator or designee may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs. Upon the issuance of a permit, the Zoning Administrator or designee may require in writing that notification for inspection be given prior to the installation of certain signs.

   C.   Variances: No variances to the provisions of these regulations shall be considered or granted except when an unforeseen circumstance presents itself because of unique circumstances and written findings are made by the City Council in accordance with the variance criteria outlined in these regulations. Special consideration shall be given by the Council to grant exceptions for nonconforming signs that are considered historic or are perceived as a community icon with established community significance. To be so considered, a sign must meet one of the following criteria.

      1.   Proof is provided that it is at least forty (40) years old and is either identified with the history of a product, business or service advertised or is integrated into the architectural style of the building on which located.

      2.   Recognized as a popular focal point of the area by reason of its prominent location, long existence, retro appearance or unusual design, and that exemplifies the City's cultural or architectural history.

   D.   Removal Of Abandoned, Hazardous Or Illegal Signs:

      1.   If, upon inspection, a sign is determined to be abandoned; structurally, materially or electrically defective; illegal or in any way endangers the public, the Zoning Administrator or designee will issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring repair or removal of the sign within fifteen (15) days of the date of the order. Such order shall notify the owner of his right to a hearing before the Zoning Administrator or designee within a fifteen (15) day period and warn that the offending sign may be removed or otherwise altered by the City upon expiration of such period. If the sign has not been removed at the conclusion of the fifteen (15) days, it is subject to removal by the City at the owner's expense, including administrative costs. Alternatively, if removal is not feasible or would be unduly expensive in the opinion of the Zoning Administrator or designee, the sign may be covered over with an opaque material. Any removal, covering or other action taken by the City shall be done in the presence of a Whitefish police officer, which shall prepare a report of what occurred. After removal or demolition of this sign, a notice shall be mailed to the sign owner stating the nature of work, the date on which it was performed and requiring payment of the costs as certified by the Zoning Administrator or designee together with an additional ten percent (10%) fee for inspection and incidental costs. It shall be unlawful for any person to: a) interfere with any City employee who removes, covers or takes any other action regarding a sign as permitted by this section; b) reinstall a sign that has been removed; or c) remove a cover installed over a sign. If a sign is reinstalled after its removal, or uncovered after it has been covered, the City may again remove it, or recover it, without further notice.

      2.   If the amount specified in the notice is not paid within thirty (30) days of the notice, it becomes a lien against the property of the sign owner and will be certified as an assessment against the property for collection in the same manner as the Real Estate Taxes. In the case where a sign is proposed to be located, constructed, maintained, repaired, altered or otherwise used in violation of this title, the sign shall constitute a nuisance. The City may, as an alternative to other remedies that are legally available, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, temporarily or permanently abate or remove the unlawful location, construction, maintenance, repair, alteration or use.

   E.   Violation: The Zoning Administrator or designee will send notice of a violation of these regulations to the business address and the property owner, if different, when a violation of this chapter is observed. The owner will have fifteen (15) days to correct the violation. If the violation is not remedied, the Zoning Administrator or designee shall treat the violation as a Municipal infraction, or alternatively, shall direct the City Attorney to issue a civil complaint and a summons or initiate a criminal prosecution, or both. A violation of these sign regulations shall constitute a misdemeanor and shall constitute a Municipal infraction. The criminal fine and civil penalty for a violation of this chapter shall be one hundred dollars ($100.00). Each day that a violation remains after notice to the owner as described above, shall constitute a separate violation of these sign regulations. An owner who has been previously convicted of, or has previously been assessed a civil penalty for, the same or similar offense shall be fined (or assessed a civil penalty) five hundred dollars ($500.00) for each further violation, with each day after notice constituting a separate violation.

   F.   Removal Of Temporary Signs: As an alternative to the procedures set forth in subsections D and E of this section, the Zoning Administrator or designee shall be authorized to physically remove any temporary signs determined to be in violation of the zoning jurisdiction regulations without prior notice to the owner of the sign. With respect to all temporary signs that are physically removed, such signs may be disposed of, but a notice of the right to reclaim the sign shall be sent by first class mail to the owner, if known, thirty (30) days prior to disposal. The City may charge a storage and handling fee for signs left longer than one week. Temporary signs shall include, but not be limited to, garage sale signs, real estate "for sale", "for rent", or "open house" signs, banners, "A" frame signs, signs attached to public property, and other signs that were authorized by a temporary sign permit that has expired. A temporary sign whose physical removal is authorized by this subsection may, after appropriate notice, be disposed of through destruction, placement in a solid waste receptacle, or other means. It shall be lawful for the Zoning Administrator or designee to enter upon private property to physically remove a sign pursuant to this subsection unless such entry would cause significant physical damage or a breach of the peace. (Ord. 19-03, 2-4-2019)