HomeMy WebLinkAbout06-10-19 City Commission Packet Materials - A3. Ord 2020 Provisional, City Attorney's Recommended Adjustments to Sign CodePage 1 of 9
19185, City 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, and
Article 7, Definitions to revise multiple sections to comply with recent US Supreme
Court and other court rulings regarding the standards for local government sign
regulations, Ordinance 2020.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval
Zoning Commission 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: June 5, 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
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Unresolved Issues ............................................................................................................... 3
Zoning Commission Recommendation............................................................................... 3
City Commission Alternatives ............................................................................................ 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATIONS 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 monitors changes in state and federal law. When needed the City updates its
regulations to comply with changed 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. Minor
clarifications were made to the ordinance after the Zoning Commission hearing. All
interested parties are encouraged to review the most recent draft of Ordinance 2020 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.
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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.
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. Revise section 38.700.170 to delete the definition of special event sign.
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 held a public hearing on June 4, 2019 . After conducting their public hearing they recommend approval of Ordinance 2020 to the City
Commission. There were no public comments received at the public hearing. The video of
the Zoning Commission hearing is available
at https://media.avcaptureall.com/session.html?sessionid=b5c1b824-587d-4711-ac5c-f34e784fbd74&prefilter=654,3835.
City Commission Alternatives
1) Adopt the ordinance 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.
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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.
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SECTION 2 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, Staff
recommends approval as submitted.
The Zoning Commission held 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 Zoning Commission recommends approval of the Ordinance.
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
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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.
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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
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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 protests 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
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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.
No public comments were received at the public hearing before the Zoning Commission or by
other means as of the writing of this report. Any comments received prior to the public hearing
will be provided to the City Commission.
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
316
BOZEMANCommunity DevelopmentNT)nAlDEVELOPMENT REVIEW APPLICATIONPROJECT IMAGE...^.......^^il,-T,~^'s~Sf^iiN-^!^\. !^^ '<^3^.^^—f<t\^^s%'^Lks.?z-TEA2BAX-BAXTER LN'<DURisf:.L:5TUCKVRDKAGvl^^^LU.SM"]I^§ss1sssS!k^APROJECT INFORMATIONname: Ordinance 2020 - Sign Code AmendmentsProject type(s): UDC Text Amendment (ZTA)Description: Revisions to 38.560, Signs, BMCStreet address: Amendments apply city-wideZip code: notaPPlicableZoning: notaPP"cableGross lot area: not applicableBlock frontage: notaPPlicableNumber of buildings:Type and Number of dwellings:Non-residential building size(s):0Non-residential building height(s):(in stories)Number of parking spaces:0NAffordable housing (Y/N):Cash in lieu of parkland (Y/N):NCIPT USE ONLYSubmittal date:Application file number:Planner:DRC required (Y/N):VICINITY MAP(£EDMAY 2 42019u,DEPARTMENTorCQM! H^DEVELOPMENT^-f^.3?Revision Date:Development Review Application AlPage 1 of 3Revision Date: 5.16.18REQUIRED FORMS:Varies by project type, PLS317
F>DEVELOPMENT RE; 'IEW APPLICATION1. PROPERTY OWNERName:Full address (with zip code):Phone:Email:2. APPLICANTName: City of BozemanFull address (with zip code): 121 N. Rouse BozemanMT 59715Phone: 406-582-2306^i^gj] agenda@bozeman.net3. REPRESENTATIVEName: Karen Stambaugh, Assistant City AttorneyFull address (with zip code): po Box 1230, Bozeman MT 59771Phone: 406-582-2306^^g^ agenda@bozeman.net4. SPECIAL DISTRICTSOverlay District: D Neighborhood Conservation [x] NoneUrbanRenewal District: D Downtown D North 7th Avenue D NortheastNorth ParkNone5. CERTIFICATIONS AND SIGNATURESThis application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before thesubmittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the termsand provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a developmentapproved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any specialconditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees maybe assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subjectsite during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is trueand correct to the best of my (our) knowledge.Certification of Completion and Compliance - I understand that conditions of approval may be applied to the application and thatI will comply with any conditions of approval or make necessary corrections to the application materials in order to comply withmunicipal code provisions.Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in compliance with the approvedfinal plan may result in delays of occupancy or costs to correct noncompliance.continued on next pageDevelopment Review Application AlPage 2 of 3Revision Date: 5.16.18REQUIRED FORMS:Varies by project type, PLS318
F DEVELOPMENT RL /IEW APPLICATION[}{[Applicant Signature:Printed Name: Andrea Surratt, City ManagerOwner Signature:Printed Name:Owner Signature:Printed Name:If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.Attach separate sheets for additional owner signatures.6. APPLICATION TYPESCheck all that apply, use noted forms. FORM1. Pre-application Consultation NoneD 2. Master Site Plan MSPD 3. Site Plan SP4. Subdivision pre-application PA5. Subdivision preliminary plan PP6. Subdivision final plan FP7. Subdivision exemption SED 8. Condominium Review CRD 9. PUD concept plan PUDCDlO. PUD preliminary plan PUDPD 11. PUDfinalplan PUDFP12. Annexation and Initial Zoning ANNX13. Administrative Interpretation Appeal AIAD 14. Administrative Project Decision Appeal APA15. Commercial Non-residential COA CCOAa 16. Historic Neighborhood NCOAConservation Overlay COAFORMD 17. Informal Review INF18. Zoning Deviation/Departure None19. Zoning or Subdivision Variance Z/SVARa 20. Conditional Use Permit CUP21. SpecialTemporary Use Permit STUPD 22. Special Use Permit SUPD 23. Regulated Activities in Wetlands WR24. Zone Map Amendment (non-Annexation) ZMA25. UDC Text Amendment ZTA26. Growth Policy Amendment GPAD 27. Modification/Plan Amendment MODD 28. Extension of Approved Plan EXTD 29. Reasonable Accommodation RAD 30. Comprehensive Sign Plan CSPD 31. Other:CONTACT USAlfred M. Stiff Professional Building20 East Olive Street 59715 (FED EX and UPS Only)PO Box 1230Bozeman, MT 59771phone 406.582.2260fax 406.582.2263planning@bozeman.netwww.bozeman.netDevelopment Review Application AlPage 3 of 3Revision Date: 5.16.18REQUIRED FORMS:Varies by project type, PLS319
Page 1 of 14
ORDINANCE NO. 2020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING CERTAIN SIGN REGULATIONS IN DIVISION 38.560 OF THE
BOZEMAN MUNICIPAL CODE AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted 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 has adopted regulations controlling the size, location, type,
materials, height, maintenance and construction of all signs and sign structures not located within
a building, or within a building and visible from the exterior; and
WHEREAS, in 2015 the Supreme Court of the United States in Reed v. Town of Gilbert
struck down the Town of Gilbert’s sign regulations, finding they regulated signs based on their
content in violation the U.S. Constitution’s first amendment guarantee of free speech; and
WHEREAS, federal courts since the decision in Reed have held that Reed did not extend
to regulation of commercial speech and that the restrictions on commercial speech continue to be
evaluated under prior case law; and
WHEREAS, City staff reviewed the City’s sign code for consistency with Reed and
recommended amendments to the code; and
WHEREAS, the Zoning Commission held a public hearing on the proposal to amend
division 38.560 on June 4, 2019 and forwarded a recommendation of approval to the City
Commission; and
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Ordinance 2020, Amending certain sign regulations in division 38.560 of the Bozeman Municipal Code
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WHEREAS, it is in the interests of the city and public welfare to establish sensible, fixed,
uniform and objective zoning regulations for signs.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 38.560.010 of the Bozeman Municipal Code be amended as follows:
Sec. 38.560.010. – Findings Intent and purpose.
A. Findings.
1. Signs obstruct views, distract pedestrians and motorists, displace alternative uses for land,
and may create hazards that threaten the public health and safety. Such a safety threat is
particularly significant for signs that are structurally inadequate, confuse drivers or
pedestrians, or interfere with official directional or warning signs.
2. Signs may also threaten the public welfare by harming property values and creating
aesthetic concerns, especially where the accumulation of signs creates visual clutter or
obstruct scenic vistas.
3. The ability to erect signs serving certain functions, such as address signs and directional
signs, are important because they enable residents and visitors to efficiently and safely
reach their intended destinations.
4. The regulation of the physical characteristics of signs in the city has a positive impact on
the safety and appearance of the community.
5. The purposes described in this section are compelling interests and the regulations in this
division 38.560 are narrowly tailored to serve those interests while allowing adequate
alternative avenues for speech.
AB. Purpose. It is the intent and purpose of this division 38.560 to promote the health, safety
and welfare of the residents and visitors of the city by regulating and controlling the size,
location, type, quality of materials, height, maintenance and construction of all signs and sign
structures not located within a building, or within a building and visible from the exterior for
the following reasons:
1. To ensure that pedestrians and motorists are protected from damage or injury caused by
or partly attributable to the distractions and obstructions which are caused by improperly
situated or dangerously distracting signs;
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12. To preserve the Bozeman area's natural scenic beauty and character as expressed in
adopted city plans and policies;
23. To contribute to inviting entrances into the city by eliminating clutter associated, in part,
with the unrestricted proliferation of signs, lights and stringed devices;
34. To encourage area beautification through creative, interrelated design of signage,
landscaping, buildings, access and parking that enhances the community's built and
natural environment;
45. To give all organizations and businesses an equal opportunity to have a sign that
will help people find the goods and services they need; and
5. To ensure that pedestrians and motorists are protected from damage or injury caused or
partly attributable to the distractions and obstructions which are caused by improperly
situated signs. The city commission intends to provide a reasonable balance between the
right of an individual to identify their business and the right of the public to be protected
from the visual discord that results from the unrestricted proliferation of signs. Section
38.340.070 establishes certain exemptions, and alternative procedures utilizing design
review. The deliberations and decisions of the design review board must be directed to
accomplish the intent and purpose of this section. It is determined that the regulations
contained herein are the minimum necessary to further the interests of this chapter; and
6. To encourage economic developmentprotect the public health and safety by minimizing
distractions to the traveling public.
C. The provisions of this division 38.560 provide a reasonable balance between a person’s right
to identify their organization or business, or to freely express thoughts and ideas, and the
interest of the public to be protected from the visual discord and distraction that results from
the unrestricted proliferation of signs. Section 34.340.070 establishes certain exemptions,
and alternative procedures utilizing design review. The deliberations and decisions of the
design review must be directed to accomplish the purposes of this section.
D. This division 38.560 must be interpreted in a manner consistent with the the Federal and
State Constitution’s guarantee of free speech.
Section 2
That section 38.560.030 of the Bozeman Municipal Code be amended as follows:
Sec. 38.560.030. - Prohibited signs.
A. All signs not expressly permitted under this division 38.560, or exempt from regulation the
provisions of this division 38.560, are prohibited in the city. Such signs include, but are not
limited to:
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1. Portable signs (except as allowed under chapter 34, article 5 V);
2. Roof signs;
3. Revolving signs, except as permitted in section 38.560.060;
4. Beacons, spotlights;
5. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except
for incidental signs as defined in section 38.700.110 of this chapter;
6. LED or other electronic messaging signs except for incidental signs as defined in section
38.700.100 of this chapter;
67. Pennants, streamers, wind socks, pinwheels, or similar items;
78. Stringed flags;
89. Inflatable signs and tethered balloons (except as permitted per section
38.560.040);
910. Signs located in public rights-of-way (except for those specifically permitted in
this division 38.560); and
1011. Signs that (a) contain structural components such as size, location, movement,
coloring, or manner of illumination that are similar to or which may be confused with or
construed as a traffic control or hazard warning device or (b) interfere with the travelling
public’s view of a traffic or hazard warning sign or signal resemble an official traffic sign
or signal, and signs that resemble traffic signs because they predominately display the
words "STOP," "GO SLOW," "CAUTION," "DANGER," "WARNING," or similar
words that are commonly used by agencies of government and construction contractors to
draw attention to traffic or roadway hazards.
Section 3
That section 38.560.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.560.040. – Permitted tTemporary and special event signs; permit required.
A. Excluding those signs subject to section 38.560.050, Ttemporary signs as defined in
38.700.180 and special event signs, such as banners, tethered balloons and inflatable signs,
but excluding those subject to section 38.560.050, may be allowed permitted only as follows:
1. Temporary Special event signs are may be permitted only with an approved temporary
sign permitin the zones described in section 38.560.060.A.1 and 2.
2. Applicants for temporary signs must apply for, and have approved, a temporary sign
permit
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32. All temporary signs must comply with size, height, and location requirements of
this division 38.560.
3. A property may have temporary sign(s) on display for no more than 30 cumulative days
per calendar year (January 1 to December 31). A new business or nonprofit organization,
during its initial calendar year in business or in existence, may display temporary sign(s)
for a maximum of 60 consecutive days.
4. For special commercial events, temporary signs may be displayed for a consecutive
period not to exceed 15 days, for a maximum of 30 days per calendar year, from January
1 to December 31. There must be a period of at least seven days between each 15-day
display period.
5. Temporary signs which identify a new business may be displayed for a period not to
exceed 60 days,additional temporary signs must not be allowed until the next calendar
year. Only one temporary sign identifying a new business will be permitted for the life of
the business. A subsequent temporary sign identifying a new business may be permitted
when business ownership has transferred to another owner, or when the business moves
to a new location on a different zone lot.
6. Temporary signs that identify a new business may be displayed until the business erects a
permanent sign, only if the business is in the process of obtaining a permanent sign, or 60
days, whichever comes first. If the business has previously had a temporary sign in the
same location, the business will be allowed a maximum of an additional 30 days of
temporary signage.
74. Itinerant vendors as defined in 12.01.010.A will receive information about
allowable temporary signs at the time they the vendor appliesy for a business license,
but no a temporary sign permit is not required if the itinerant vendor is operating less
thanfor seven days or less.
85. Temporary signs that are A person who conducts seasonal operationsin nature,
such as garden greenhouses, boat showrooms, or ski rental facilities, may apply for a
longer term temporary sign permit which may be approved for a period not to exceed 180
days.
9. Businesses may promote events in the community, such as the County Fair or Sweet Pea
Festival, by applying for and receiving a temporary sign permit for their location. When
notice of the event and non-sponsorship related information occupies more than 75
percent of the banner area, such a temporary sign will not count towards the temporary
and special event signage limit of 30 days per year.
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Section 4
That section 38.560.050 of the Bozeman Municipal Code be amended as follows:
38.560.050. – Signs exempt from permit requirements.
A. The following signs are exempt from the permitting requirements of this division 38.560 but
must comply with the criteria for signs allowed by this division 38.560, except section
38.560.060. In order to be exempt from sign permit requirements, such signs must not be
internally illumated, cause glare, cast light onto adjacent property, be placed in sight vision
triangles, or otherwise impede or obstruct the view of the traveling public:
31. 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 by
or on behalf of or required by any transportation agency of a federal, state, county or
city government. Public utility signs showing locations of underground facilities or
public telephones, and safety signs on construction sites are included within this
exemption.
b. Incidental signs as defined in 38.700.100. 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 sign is located, will be considered incidental.
c. Ghost signs. A ghost sign as defined in division 38.700 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.
d. Sign on property that is for sale, rent, or lease. One temporary sign in addition to that
otherwise allowed by this section 38.560.050 may be located on property when the
owner consents and the property is being offered for sale, rent, or lease for a period not
exceeding 15 days following the closing date. The sign may not exceed nine square
feet in total area and may be no more than five feet high.
12. 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]).
a. Non-commercial Ttemporary, non-illuminated signs that do not exceed nine square
feet per individual sign in total area at any particular time and, if freestanding, five feet
in height. No more than one such sign shall be displayed per street frontage. A total
sign area of not more than 32 square feet may be displayed at the same time.
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b. Businesses working at a residentially zoned lot, such as landscapers or window
treatment installers, may post an identifying temporary commercial sign only during
the period the business is actively working on the site and up to three days after the
business’ work on the site is completedwhen they are physically at the residence, and
the sign must be removed immediately when the working party leaves the
property. Each Ssuch sign on a single lot at any particular time may not exceed nine
square feet per individual sign in total area and, if freestanding, may not exceed five
feet in height. A total sign area of not more than 32 square feet may be displayed at the
same time. Not more than one such sign per street frontage per lot is allowed. Such
signs are not considered off-premises advertising so long as the identified business is
actively engaged on the site.
23. Commercial and manufacturing zones (R-O, B-1, B-2, B-2M, B-3, UMU, M-1, M-
2, BP, PLI, NEHMU, REMU [mixed-use, non-residential]).
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 itthe window sign(s) 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. Non-commercial Ttemporary non-illuminated signs (e.g., real estate sale, for rent or
lease, political campaign, non-commercial speech sign); such signs must not exceed 32
square feet in sizetotal area, must be no more than five feet high and must be at least
five feet from the property line when the required setback is in excess of five feet. Only
one sign of each subject per street frontage per lot is allowed.
d. A temporary, non-illuminated sign identifying the bBusinesses working at a
construction site may be posted temporary commercial signs on the site with the
property owner’s permission. The signs for multiple businesses will be aggregated
among all those working on the site and in total Each such sign on the site may not
exceed 32 square feet in sizetotal area, may be no more than five feet high and must 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, and landscape companies, must be on a single sign per street frontage per
lot. Such signs are not considered off-premises advertising so long as
the identified business is actively engaged on the site.
e. No more than four on-premises directional signs not exceeding four square feet in area
and five feet in height; such signs may not contain any commercial messages.
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Section 5
That section 38.560.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit.
A. The following on-premises signs are may be permitted in the indicated zones with an approved sign permit:
Table 38.560.060 Non-Residential Sign Standards
Zoning District B-1
B-
2, B-
2M
B-3 UMU M-1 M-2
Maximum sq. ft. area 80 per
building
400
per lot
250
per lot
250 per
lot
250 per
lot
250 per
lot
Allowed sq. ft. sign area per linear foot
of building frontage first 25 feet 1.5 or 2 1 2 or 3 1 2 2 or 3 1 2 or 3 1 2 or 3 1
Allowed sq. ft. sign area per linear foot
of building frontage > 25 feet 1 1.5 1.5 1.5 1.5 1.5
Monument max. size sq. ft. 32 32 32 32 32 32
Monument max. height 5' 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5' 5'
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'
Pole sign max. sq. ft. Prohibited 32 32 32 32 32
Projecting sign max. area 8' 8' 12' 8' 8' 8'
Projecting sign max. distance 4' 4' 6' 4' 4' 4'
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Rotating sign max area 2.5 sq. ft. 2.5 sq.
ft.
2.5 sq.
ft.
2.5 sq.
ft. Prohibited Prohibited
1 The larger value of the two listed applies when a building is located on a lot such that there is no parking
or other vehicular use area between the building façade and the street right-of-way or between the building
façade and a public pedestrian right-of-way adjacent to a street.
1. A comprehensive sign plan pursuant to 38.560.080 is requiredmust be approved prior to installation of signage for all commercial centers or buildings consisting of two or more
tenant spaces on a lot and must comply with section 38.560.080.
2. Freestanding signs. One freestanding sign is may be permitted per zoned lot as defined
in section 38.700.1070 of this chapter. Signage area used for freestanding signs is counted towards the maximum allowed signage area.
3. Wall signs.
a. Regardless of the allowance for additional area, the maximum area may not exceed
the amount allowed for the district.
b. Lots fronting on two or more streets will be permitted may be allowed signage area for each building frontage. Sign area must be located on the building frontage for which it is calculated.
c. Canopy, window and awning signs are classified considered as wall signs. Wall signs
may not project above the top of a wall or parapet.
4. Projecting signs. One projecting sign per tenant is allowed may be permitted, unless otherwise approved through a comprehensive sign plan. Projecting signs must provide a minimum sidewalk clearance of eight feet.
a. A rotating sign located within the building does not need to provide the minimum
sidewalk clearance height. A rotating sign exceeding a rotational speed of one full
rotation in two seconds are prohibited.
5. Residential building identification signs. For properties used for multi-household residential buildings, one residential identification wall sign per street frontage is
permitted. No sign may exceed eight square feet in area.
65. Ghost signs as defined in division 38.700 do not apply toward the maximum square foot
signage areas of Table 38.560.060.
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 may be permitted in the indicated zones subject to awith an approved sign
permit:
1. Subdivision and residential complex identification signs. For residential subdivisions
consisting of more than four residential lots units and for residential complexes with more
than four dwellings residential units and more than one building, one low profile,
freestanding, neighborhood identification sign per development entrance is allowed may
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be permitted. No sign may 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 multi-household
residential buildings, one residential identification wall sign per street frontage is may be
permitted. No sign may exceed eight square feet in area.
3. Signs appurtenant to residential principal, special and conditional uses, and home
occupations.
a. Signs not to exceed four square feet in total area may be permitted for pPrincipal
residential uses and permitted home occupations are permitted commercial message
signsage not to exceed four square feet in area; however, such signs may not be
located in any required setback area. In addition, home occupations are may be
permitted a single one-square foot sign on a mailbox or lamppost or one and one-half
square feet of freestanding signage located a minimum of five feet from the property
line.
b. Principal residential uses are may be permitted non-
commercial speech signs which if such signs do not exceed 320 square feet
in total area nor five feet in height. Such signs must be set back at least 15 feet from
the property line.
c. Permitted Conditional non-residential type uses, such as churches, community
centers, veterinary uses, golf courses, day care centers and schools are may be
permitted signage as if the underlying zoning were B-1.
d. Permitted Cconditional and special residential type uses such as homes used as bed
and breakfasts homes, and fraternity and sorority houses, are may be permitted
signage as if the underlying zoning were R-O. Such signs may be illuminated only
during the hours of operation.
4. Planned unit developments. Commercial establishments within planned unit
developments where the underlying zoning is residential are may be permitted signage as
if the lot were in a B-1 zone.
C. Special districts and zones. The guidelines provisions of this division 38.560 apply to all for
the underlying zoning districts apply unless otherwise addressed below:
1. Neighborhood conservation overlay district. Within this district, prior to the installation
of a sign, the city must approve all signage is subject to issuance of a certificate of
appropriateness for all non-temporary signage after review for compliance with the
design guidelines for the neighborhood conservation overlay district.
2. Interchange zone. Signage may exceed the maximum total signage area permitted by
section 38.560.060.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
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body, and upon receipt of a comprehensive sign plan. Each lot is permitted one
freestanding sign.
a. Low profile signs. One low profile sign per zoned lot. The maximum area for a low
profile sign is 40 square feet. The sign must be set back a minimum of five feet with
a maximum height of eight feet.
b. Pole-style signs. A pole-style freestanding sign must be set back a minimum of 15
feet and will maintain at least an eight-foot minimum vertical clearance. Pole-style
signs may not exceed a total area of 40 square feet or 16 feet in height, provided
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 two and one-half 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.
32. Downtown business district(B-3). Permits for signs in the downtown business
district as defined in 34.05.020.A that encroach into the public right-of-way must be
obtained in accordance with chapter 34, article 5 of the Municipal Code.
Section 6
That section 38.560.160 of the Bozeman Municipal Code be amended as follows:
Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public property.
A. Signs erected on public property in support of by or on behalf
of nonprofit organizations activities, such as signs advertising sponsors of youth and sports
activities, are allowed only with the prior consent of the director of the department of the city
or other government agency responsible for the property only as follows:
1. The sign is may be permitted only on structures at developed facilities in public parks or
other publicly owned lands.
2. The sign may be erected two weeks prior to the commencement of the activity and must
be removed within two weeks after the cessation of the activity for which the sign was
erected.
3. Each individual sign may be no larger than 32 square feet. Freestanding signs must be
setback a minimum of 15 feet from the property line and have a maximum height of five
feet. Signs attached to walls or scoreboards are not subject to the five foot height limitation.
However, signs attached to walls or scoreboards may not exceed the height of the wall or
scoreboard to which they are attached. All signs must be oriented towards spectators
attending the activity.
4. The sign may not:
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a. Be individually illuminated; nor
b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the
traveling public.
5. Applicants for such signs must apply for, and have approved, a special temporary sign
permit detailing the nature physical characteristics of the sign to be erected and the
duration of the activity or date of the event sign will remain in place. Applications and
review procedures must be made per section 38.560.180.
Section 7
That section 38.560.210 of the Bozeman Municipal Code be amended as follows:
Sec. 38.560.210. - Substitution.
Any sign allowed under this division 38.560 may contain, in lieu of any other message or copy,
any lawful non-commercial 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
division 38.560. Authorized decision-making bodies may not consider the content of speech or
the viewpoint of the speaker when taking action to approve or deny sign permits or other
application for signs.
Section 8
That section 38.700.170 of the Bozeman Municipal Code be amended as follows:
Special event sign. A temporary sign which advertises special civic events and activities
such as street fairs, community festivals, parades, farmers’ markets and charity benefits.
Section 9
That section 38.700.180 of the Bozeman Municipal Code be amended as follows:
Temporary sign. Any advertising display that appears to be intended or is determined by
the code official to be displayed for a limited period of time rather than permanently attached to
the ground or a structure.
Section 10
Repealer.
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 of
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the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
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 12
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 thereof, 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 13
Codification.
This Ordinance shall be codified as indicated in Sections 1-9.
Section 14
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 ___th day of ___________, 2019.
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____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
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 ___ of
____________________, 2019. The effective date of this ordinance is ______________, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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