HomeMy WebLinkAbout16- Ordinance 1962 Addressing B-2M and R-5 Zoning to Allow Signs Permitted Upon the Issuance of a Sign Permit ,
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ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN,MONTANA AMENDING ARTICLE 28 SIGNS TO ADD B-2M
AND R-S TO SEC.38.28.060.-SIGNS PERMITTED UPON THE ISSUANCE E
OF A SIGN PERMIT.
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WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and
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Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304,MCA; and
WHEREAS, The City of Bozeman has identified that two (2) zoning categories were
omitted from Article 28 Signs
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
Section 1
Legislative Findings:
1. Cross reference was omitted during adoption of the B-2M zoning districts for Section
38.28.050 and Section 38.28.060.
2. Cross reference was omitted during adoption of the R-S zoning districts for Section
38.28.050 and Section 38.28.060.
Section 2
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That the Bozeman Municipal Code be amended by revising Section 38.28.050 to read as
follows:
Sec. 38.28.050. - Signs exempt from permit requirements.
A. .The following signs shall be exempt from the permitting requirement but must comply with
the criteria for signs allowed by this article, except section 38.28.060: _
1. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, REMU[single-household, two to
four household, townhouse, and apartments]).
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Page 1 of 9
Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
a. Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other
noncommercial speech signs that do not exceed nine square feet in total area and, if
freestanding, five feet in height.No more than one such sign per street frontage.
b. Businesses working at a residentially zoned lot, such as landscapers or window
treatment installers, may post an identifying sign only when they are physically at
the residence, and the sign shall be removed immediately when the working party
leaves the property. Such sign shall not exceed nine square feet in total area and, if
freestanding shall not exceed five feet in height. Not more than one such sign per
street frontage per lot is allowed. Such signs shall not be considered off-premises
advertising so long as the identified business is actively engaged on the site.
2. Commercial and manufacturing zones (R-O, B-1, B-2, B-2M, B-3, UMU, M-1, M 2, BP,
PLI, HMU, REMU[mixed-use, nonresidential]).
a. Window signs,provided that such signs do not occupy more than 25 percent of the
area of the window in which it is displayed. If it exceeds 25 percent of the area of the
window,it will be classified as a wall sign.For the purposes of this section,a window
is a transparent glass opening in a wall separated from other glass openings by
mullions or other dividers of four inches or less in width.
b. Signs within a structure or building or other enclosed area of property when such
signs are not legible when viewed from outside the structure or property.
c. Temporary nonilluminated signs, e.g., real estate sale, for rent or lease, political
campaign,noncommercial speech signs shall not exceed 32 square feet in size, shall
be no more than five feet high and shall be at least five feet from the property line.
Only one sign of each subject per street frontage per lot is allowed.
d. A temporary, nonilluminated sign identifying the businesses working at a
construction site may be posted. The signs for multiple businesses shall be
aggregated among all those working on the site and in total shall not exceed 32 square
feet in size, shall be no more than five feet high and shall be at least five feet from
the property line. All parties to the development,including,but not limited to,banks,
architects, contractors, developers, future occupants of the lot, real estate agent,
landscape company shall be on a single sign per street frontage per lot. Such signs
shall not be considered off-premises advertising so long as the identified business is
actively engaged on the site.
e. Not more than four on-premises directional signs not exceeding four square feet in
area and five feet in height which shall not contain any commercial messages,
3. All zones.
a. Government and public utility signs. Directional, warning, street, traffic control,
informational or temporary special event signs that are erected, installed or placed
Page 2 of 9
Ordinance No. 1962,Revisions to Section 38.28.050 and 38.28.060
by or on behalf of any federal, state, county or city government. Public utility signs
showing locations of underground facilities or public telephones,and safety signs on 3
construction sites, are included within this exemption.
b. Incidental signs. A sign, generally informational,that has a purpose secondary to the
use of the zone lot on which it is located, such as "no parking," "entrance," "loading
only," and other similar directives. No sign with a commercial message, which is }
designed with the intent to be legible from a position off the zone lot on which the s
sign is located, shall be considered incidental. '
c. Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated
or preserved to its original condition,design and size.A ghost sign may not be altered
in any way that changes its original design, wording, or size.
Section 3
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That the Bozeman Municipal Code be amended by revising Section 38.28.060 to read as
follows:
Sec. 38.28.060. - Signs permitted upon the issuance of a sign permit.
A. The following on-premises signs are permitted in the indicated zones subject to a sign permit: g
Table 38,28,060
Non-Residential Sign Standards
B-2/B-
Zoning District B-1 21V1 B-3 UMU M-1 M-2
250 250 -
Maximum sq. ft. area 80 per 400 per per per 250 per lot 250 per lot
building lot lot lot
Allowed sq. ft. sign area per
linear foot of building frontage 1.5 or 21 2 or 31 2 3or 2 or 31 2 or 31
first 25 feet
Allowed sq. ft. sign area per
linear foot of building frontage 1 1.5 1.5 1.5 1.5 1.5 1
>25 feet
Monument max. size sq. ft. 32 32 32 32 32 32
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Page 3 of 9
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Ordinance No. 1962,Revisions to Section 38.28.050 and 38.28.060
Monument max. height 5' 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5' S'
Pole style max. height Prohibited 13' 13 13' 13' 13'
Pole style setback Prohibited 15' 15' 15' 15' 15'
Pole style clearance Prohibited 8' 8' 8' 8' 8'
Projecting sign max. area 8' 8' 12' 8' 8' 8'
Projecting sign max. distance 4' 4' 6' 4' 4' 4'
2.5
Rotating sign max area 2.5 sq. ft. 2.5 sq. ft. sq. s . Prohibited Prohibited
ft. q
Non-Residential Uses
Zoning District BP PLI HMU REMU RO
Maximum sq. ft. area 250 per 250 per 250 per 250 per 80 per
lot lot lot lot building
Allowed sq. ft. sign area per linear
foot of building frontage 2 or 31 2 or 31 2 or 31 2 or 31 1 or 1.251
first 25 feet
Allowed sq. ft. sign area per linear
foot of building frontage 1.5 1.5 1.5 1.5 0.5
>25 feet
Monument max. size sq. ft. 32 32 32 32 12
Monument max. height 5' 5' 5' 5' 5'
Page 4 of 9
Ordinance No.1962 Revisions to Section 38.28.050 and M 28.060
Monument setback 5' 5' 5' 5' 5'
Pole style max. height 13' 13' 13' 13' Prohibited
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Pole style setback 15' 15' 15' 15' Prohibited
Pole style clearance 8' 8' 8' 8' Prohibited
Projecting sign max. area 8' 8' 8' 8' $'
Projecting sign max. distance 4' 4 4' 4' 4'
Rotating sign max. area Prohibited Prohibited 2.5 sq. Prohibited Prohibited
ft.
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The larger value of the two listed applies when a building is located on a lot such that there is 1
no parking or other vehicular use area between the building facade and the street right-of-way or
between the builduig facade and a public pedestrian right-of-way adjacent to a street.
1. A comprehensive sign plan is required for all commercial centers or buildings consisting
of two or more tenant spaces on a lot and shall be designed in accordance with section
38,28.080.
2. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in section
38.42.1670. Sign area used for free standing signs is counted towards the maximum
allowed sign area.
3. Wall signs.
a. Regardless of the allowance for additional area, the maximum area shall not exceed
the amount allowed for the district.
b. Lots fronting on two or more streets shall be permitted sign area for each building
frontage. g
c. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall
not project above the top of a wall or parapet.
4. Projecting signs. One projecting sign per tenant, unless otherwise approved tlu•ough a
comprehensive sign plan. Projecting signs shall provide a minimum sidewalk clearance
is
of eight feet.
Page 5 of 9
Ordinance No. 1962,Revisions to Section 38.28.050 and 38.28.060
a. A rotating sign located within the building does not need to provide the minimum
sidewalk clearance height.A rotating sign shall not exceed a rotational speed of one
full rotation in two seconds. Signs exceeding this limit shall be classified as a flashing
sign.
5. Residential building identification signs. For properties used for multihousehold
residential buildings,one residential identification wall sign per street frontage.Each sign
shall not exceed eight square feet in area.
6. Ghost signs as defined in Section 38.42.1215 do not apply toward the maximum sq. ft.
sign areas of Table 38.28.060.
B. Residential zones (R-S, R-1, R--2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-
premises signs are permitted in the indicated zones subject to a sign permit:
1. Subdivision and residential complex identification signs. For residential subdivisions
consisting of more than four residential units and for residential complexes with more
than four residential units and more than one building, one low profile, freestanding,
neighborhood identification sign per development entrance is allowed. Each sign shall
not exceed 16 square feet in area or five feet in height from the finished grade. The sign
must be set back at least five feet from the property line.
2. Residential building identification signs. For properties used for multihousehold
residential buildings,one residential identification wall sign per street frontage.Each sign
shall not exceed eight square feet in area.
3. Signs appurtenant to residential principal and conditional uses and home occupations.
a. Principal residential uses and home occupations shall be permitted commercial
message signage not to exceed four square feet in area and shall not be located in any
required setback area. In addition, home occupations shall be permitted one square
foot signs on a mailbox or lamppost or 1.5 square feet of freestanding signage located
a minimum of five feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which do
not exceed 30 square feet in area nor five feet in height. Such sign must be set back
at least 15 feet from the property line.
c. Conditional nonresidential type uses,such as churches,veterinary uses,golf courses,
day care centers and schools shall be permitted signage as if the underlying zoning
were B-1. Conditional residential type uses such as bed and breakfast homes, and
fraternity and sorority houses, shall be permitted signage as if the underlying zoning
were R-O. Such signs may only be illuminated during the hours of operation.
4. Planned unit developments. Commercial establishments within planned unit
developments where the underlying zoning is residential shall be permitted signage as if
the lot were in a 13-1 zone.
Page 6 of 9
Ordinance No. 1962,Revisions to Section 38.28.050 and 38.28.060
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C. Special districts and zones . The guidelines for the underlying zoning districts apply unless
otherwise addressed below:
1. Neighborhood conservation overlay district. Within this district, all signage is subject to
issuance of a certificate of appropriateness after review for compliance with the design
guidelines for the neighborhood conservation overlay district.
2. Entryway overlay district. Within this district, all signage is subject to issuance of a
certificate of appropriateness after review for compliance with the design objectives plan
for entryway corridors. Signage may exceed the underlying zoning district limitations by ?
UP to 20 percent upon review and approval of a deviation by the review authority, after
receiving the recommendation of the appropriate design review advisory body, and upon
receipt of a certificate of appropriateness. Q
3. Interchange zone. Signage may exceed the maximum total sign area permitted by section
38.28.060.A by up to 25 percent upon review and approval of a deviation by the review
authority,upon the recommendation of the appropriate design review advisory body, and
upon receipt of a certificate of appropriateness. Each lot shall be permitted one
freestanding sign.
a. Low profile signs. One low profile sign per zoned lot. The maximum area for a low
profile sign shall be 40 square feet.The sign shall be set back a minimum of five feet
with a maximum height of eight feet.
b. Pole-style signs. A pole-style freestanding sign shall be set back a minimum of 15
feet and will maintain at least an eight-foot minimum vertical clearance. Pole-style i
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signs shall not exceed a total area of 40 square feet or 16 feet in height, provided 1
however, that for every two feet said sign is set back from 15 feet beyond the street
right-of-way,the height measured at grade may be increased one foot,not to exceed
a total of 32 feet, and the area may be increased by 2.5 square feet for every two feet
that said sign is set back 15 feet beyond the street right-of-way up to a maximum of
120 square feet.
4. Downtown (B-3). Permits for signs that encroach into the public right-of-way shall be
obtained in accordance with chapter 34, article 5 of the Municipal Code.
Section 4
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Repealer. 5
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances k
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 5
Page 7 of 9
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Ordinance No. 1962, Revisions to Section 38.28.050 and 38.28.060
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid,-the same shall not affect
the validity of this ordinance as a whole, or any part or provision thdreof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification.
This Ordinance shall be codified as indicated in Section 2-3.
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 21"day of November, 2016.
CARSON TAYLO
Mayor
ATTEST: ^,�& f•B�2
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ROBIN CROUCH
�.•. 1�83 '��'-'
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City Clerk •r�• . ! .•o
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Page 8 of 9
Ordinance No. 1962,Revisions to Section 38.28.050 and 38.28.060
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 12th day of
December, 2016. The effective date of this ordinance is January 11 t�',2017.
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ATTEST: O ° ■2�`
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ROBIN CROUGI l883 �.4
City Clerk
APP4;RELDAVSTOF RM:
ULIAN
Cityrney
Page 9 of 9
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