Loading...
HomeMy WebLinkAbout16- Ordinance 1962 Addressing B-2M and R-5 Zoning to Allow Signs Permitted Upon the Issuance of a Sign Permit , i i i Rao rlt�r+N c°,t►°��w r, 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. f WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and l 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 x 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]). iE 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 R 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 9 :I J Page 3 of 9 a 1 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 I 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. i i 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 i 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 3 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 f 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 I 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 - • • ' ♦ ♦♦ J' ROBIN CROUCH �.•. 1�83 '��'-' .� City Clerk •r�• . ! .•o TIN CO• v 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. i Bp ATTEST: O ° ■2�` ■ L � ROBIN CROUGI l883 �.4 City Clerk APP4;RELDAVSTOF RM: ULIAN Cityrney Page 9 of 9 _� !' • , - -, _ f M