HomeMy WebLinkAbout19185 Sign Code Amendments ZC staff reportPage 1 of 9
19185, Zoning Commission Staff Report for the Sign Code UDC Zone Text
Amendments
Public Hearing Dates: Zoning Commission, June 4, 2019
City Commission, June 10, 2019
Project Description: Text amendments to Chapter 38, Article 5, Division 560, Signs, to
revise multiple sections to comply with recent US Supreme Court and other court
rulings regarding the standards for local government sign regulations.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval
Zoning Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 19185 and move to
recommend that the City commission adopt Ordinance 2020.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 19185 and move to provisionally adopt Ordinance 2020.
Report Date: May 30, 2019
Staff Contacts: Karen Stambaugh, Assistant City Attorney
Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 2 of 9
Zoning Commission Recommendation............................................................................... 3
City Commission Alternatives ............................................................................................ 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A - PROJECT BACKGROUND ......................................................................... 8
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 9
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF ...................... 9
FISCAL EFFECTS ................................................................................................................... 9
ATTACHMENTS ..................................................................................................................... 9
EXECUTIVE SUMMARY
Project Summary
The City regularly updates its regulations to comply with changes in state and federal law.
The City of Bozeman proposes to amend nine sections of the municipal code to ensure that
its sign regulations are content neutral as required by law. The following sections are being
amended. A more detailed description is included with the memo from the City Attorney’s
office attached to this report.
Amendments 1. Revise section 38.560.010 to state legislative findings and purposes for the City’s regulation of signs.
2. Revise section 38.560.030 to clarify those types of signs which are prohibited within the City limits. 3. Revise section 38.560.040 to simplify regulations applicable to temporary signs including changes to the amount of time for which a temporary sign may be displayed. 4. Revise section 38.560.050 to clarify what signs are exempt from a requirement for a City
permit and what size and placement standards apply to signs exempt from a City permit. 5. Revise 38.560.060 to specifically include the B-2M zoning district in the sign size and placement standards, to revise the standards and procedures for on-premise signs, and to remove references to the interchange zone as part of the Entryway Overlay District which was removed from the municipal code by Ordinance 1978.
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 3 of 9
6. Revise 38.560.160 to revise approval procedures for signs erected in conjunction with
nonprofit activities on public property.
7. Revise section 38.560.210 regarding substitutions of text on signs. 8. Renumber section 38.560.220 in response to the above amendments. 9. Revise section 38.700.180 to define temporary sign.
Unresolved Issues
None identified at this time.
Zoning Commission Recommendation
The City of Bozeman Zoning Commission will hold a public hearing on June 4, 2019 and consider the text amendment. After conducting their public hearing they will make a recommendation to the City Commission. Their recommendation will be provided to the City
Commission for their hearing on the 20th of June.
City Commission Alternatives
1) Adopt the ordinances as presented,
2) Direct revisions to the ordinance prior to adoption and request staff to respond with
proposed revision for consideration at a future hearing,
3) Do not adopt the ordinance, or
4) Request additional information and continue discussion on the ordinance.
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 4 of 9
SECTION 1 - MAP SERIES
Zoning Map – Detailed map available at Community Development and on-line. As a text
amendment the changes are applicable throughout the City.
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 5 of 9
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, Staff
recommends approval as submitted.
The Zoning Commission will hold a public hearing on these text amendments on June 4
2019, at 6 pm in the City Commission room located at 121 N. Rouse Avenue, Bozeman,
Montana.
The City Commission will hold a public hearing on these text amendments on June 10, 2019
in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana, at 6 pm.
SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. An amendment is a legislative action;
therefore, the Commission has broad latitude to determine a policy direction. The criteria
below include separate findings for each text amendment where necessary.
In considering the following criteria, the analysis must show that the amendment
accomplishes zoning criteria A-D or is neutral. Zoning criteria E-K must be considered and
may be found to be affirmative, neutral, or negative. A favorable decision on the proposed
application must find that the application meets all of criteria A-D and that the positive
outcomes of the amendment outweigh negative outcomes for criteria E-K.
Please refer to the attached memorandum from the City Attorney’s Office for a discussion on
the general basis for this action and for each of the proposed amendments.”
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The growth policy does not dictate uses or specific standards to the level of detail
contained in the ordinance. It does identify issues and priorities for consideration and does
contain goals and objectives that are desirable outcomes. There is no prioritization of one
goal or objective over another. In determining appropriateness of a particular zoning
ordinance, the Commission needs to find a balance that best advances the interests of the
community. It is inappropriate to maximize one item to the detriment of the remainder of the
goals and objectives of the document.
The City adopted the current edition of the growth policy, the Bozeman Community Plan, in
2009. The Community Plan consists of 17 chapters detailing community context, land use,
community quality, arts and culture, economic development to name a few. The text of
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 6 of 9
Chapter 38 as amended is a balance of the various goals and priorities in the Bozeman
Community Plan and advances the plan overall.
All amendments relate to existing text, which has previously been found to support the
growth policy during the extensive public hearings and Commission action on Ordinance
1978 and the supplementary edits in Ordinance No. 1994, amendments reviewed and
approved by the City Commission on February 12, 2018. Each amendment is a refinement of
a standard to further the goals and objectives of the Growth Policy.
There are specific goals and implementation policies applicable to this application. The
review and updating of the City’s regulations for signs is consistent with the following.
Keeping the sign regulations consistent with court rulings supports effectiveness and fairness.
The amendments are a result of a periodic review of the standards. Therefore, this criterion is
met.
Goal G-2: Implementation – Ensure that all regulatory and non-regulatory
implementation actions undertaken by the City to achieve the goals and objectives of this
plan are effective, fair, and are reviewed for consistency with this plan on a regular basis.
Implementation 2a a. Review and evaluate for effectiveness, and as necessary modify,
each City program or policy at least every five years.
B. Secure safety from fire and other dangers.
Yes. The regulations of signs lessens driver distraction, maintains necessary views for the
traveling public, and otherwise secures safety. See Section 1 of the ordinance as well as
criterion C. Clarifying the standards for LED sign and signs which may be confused with
traffic control (Section 2) reduces likelihood of driver distraction or confusion which
improves public safety. This criterion is therefore met.
C. Promote public health, public safety, and general welfare.
Yes. Section 1 of the ordinance makes specific findings that address this criterion. Signs
which distract drivers, obstruct vision, or are confusing are a hazard to health and safety.
Therefore, standards which avoid those problems advance the general welfare. The
appearance of signs diminishes or supports the desired character of the community and
impacts the general welfare. Signs also provide needed information that benefits the public.
Section 1 describes specific purposes for which sign regulations are adopted and which
support scenic beauty, contribute to inviting entrances to the community, and encourage
economic development. Section 5 clarifies the role of a comprehensive sign plan and ensures
that signage is consistent with that plan. This reduces visual clutter, lessens potential for non-
compliant signs, and coordinates with other provisions of the municipal code regarding
certain signs in the downtown business district. These elements support the general welfare
by improving the community’s appearance and compliance with law. Therefore, this criterion
is met.
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 7 of 9
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. The sign amendments do not create or provide the listed services. Signs may be
accessory to elements of these services. Signs supporting the listed services are small in size
and placed in areas needed for their purpose or are subject to the same size and placement
restrictions as for other users. The total impact on this criterion is minor and therefore a
neutral finding is justified.
E. Reasonable provision of adequate light and air.
Neutral. The standards for signs do not limit building heights, require or alter building
setbacks, or change mechanical ventilation standards. There are existing standards which
limit the size and placement of signs. The size and placement standards are not the subject of
these amendments. The total impact on this criterion is minor and therefore a neutral finding
is justified.
F. Effect on motorized and non-motorized transportation systems.
Yes. Signs give necessary direction to the traveling public which enables them to efficiently
and safely reach their destinations. The sign regulations as existing and as proposed to be
amended make provision for such signs. Excessive or badly placed signs can obstruct the
view of the traveling public or distract travelers leading to safety hazards. Sections 2, 4, and
5 of the amendments strike a balance between these concerns. Therefore, this criterion is met.
G. Promotion of compatible urban growth.
Neutral. The physical expansion of the City is primarily affected by annexation supported by
extension of water and sewer services. Physical characteristics of compatible urban growth
such as building heights, street widths, location and size of parks, and uses of property and
not limited by the sign regulations. The impact on this criterion is negligible and therefore a
neutral finding is justified.
H. Character of the district.
Yes. As described in Section 1 of the Ordinance, the sign regulations are adopted as a whole
to reflect the character of Bozeman distinct from other communities. Standards are
differentiated by zoning district so that the sign size and other content neutral characteristics
are appropriate for the zoning district. Sections 4 & 5 of the ordinance provide specifics by
zoning district and type while providing standards so that essential content neutral elements
are consistently applied.
I. Peculiar suitability for particular uses.
Neutral. No changes to the zoning boundaries are proposed with these amendments. The
location of zoning districts has previously been found to be appropriate. No changes to the
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 8 of 9
authorized use tables are proposed with these amendments. The impact on this criterion is
negligible and therefore a neutral finding is justified.
J. Conserving the value of buildings.
Neutral. No changes to zoning boundaries are proposed. Therefore no buildings will become
non-conforming to the district in which they are located. The size of signs or amount of
permanent signs allowed is not being changed. There is no amortization or other new
requirement for removal of signs. Therefore, there should be negligible effect on the utility of
any building for a given purpose and a neutral finding is justified.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. No changes to the zoning boundaries are proposed with these amendments. No
changes to the uses allowed in individual zoning districts are proposed with these
amendments. Therefore, there is no impact on this criterion from Ordinance 2020.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
For this text amendment application the applicable calculation of protesting owners would
include all owners of all properties in all districts of the City.
As of the writing of this report, no written protest against the changes have been received.
APPENDIX A - PROJECT BACKGROUND
The City has had zoning since 1934. The City has replaced the entirety of its zoning regulations
fifteen times since then and completed over 250 individual amendments to the text. These
regulations have developed over time as the City has grown from 6,855 in 1930 to over 46,500
today. The City regularly monitors changes in local conditions, state and federal law, and judicial
rulings. The City updates its zoning regulations as necessary to maintain effectiveness and
compliance with controlling law.
As described in greater detail in the attached memo from the City Attorney’s office, the US
Supreme Court recently issued a significant ruling regarding sign regulations. The City Staff has
19185, Zoning Commission Staff Report for Sign Code Text Amendments Page 9 of 9
reviewed its regulations regarding signs and Staff is suggesting several revisions to conform to
the new direction given by the courts.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on May 19, 2019
and May 26, 2019 in the Bozeman Daily Chronicle. This provides a notice before the public
hearings by the Zoning Commission and City Commission consistent with the requirements of
38.220.410 and 38.220.420 of the Bozeman Municipal Code.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, P.O. Box 1230, Bozeman MT 59771
Report By: Karen Stambaugh, Assistant City Attorney
Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. The complete application includes
presentations, notes, comments, questionnaires used to create the draft code being reviewed.
Application form
Ordinance 2020
Memo from City Attorney’s office