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HomeMy WebLinkAbout08-18-20 City Commission Packet Materials - C11. Ord 2042 Final Adoption of Alley Signage Text Amendment App 200351 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2042, the Alley Signage Text Amendment, amend the maximum sign area allowed when adjacent to an alley in specified zoning districts, Application 20035. MEETING DATE: August 18, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2042 to amend the maximum sign area allowed when adjacent to an alley in specified zoning districts. BACKGROUND: The City has established a twice yearly municipal code update cycle for Chapter 38, Unified Development Code, of the Bozeman Municipal Code. Amendments are considered by the City Commission in April and October. Due to the onset of the COVID-19 pandemic, the April 2020 public hearings were delayed. On August 3, 2020, the City Commission held a public hearing to consider the April 2020 text amendments. Six ordinances were presented for consideration. No public comments were received on Ordinance 2042. The City Commission unanimously voted to provisionally adopt Ordinance 2044. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption of Ordinance 2042 as presented and recommended. 2) Determine that the prior decision was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2042 Report compiled on August 3, 2020 Commission Memorandum 233 Page 1 of 6 ORDINANCE NO. 2042 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING TABLE 38.560.060 OF THE BOZEMAN MUNICIPAL CODE TO AUTHORIZE ADDITIONAL SIGN AREA ADJACENT TO ALLEYS 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 Resolution 5005 adopting the Downtown Bozeman Improvement Plan as a neighborhood plan under the growth policy; and WHEREAS, the Downtown Bozeman Improvement Plan recommends increasing commercial activities accessed via the alleys; and WHEREAS, the City encourages infill development. Most existing alleys are located in infill areas. Businesses adjacent to alleys may only have access via the alley and require opportunity to advise the public to their location consistent with the balancing of interests identified in 38.560.010. Development in new areas may also have alleys and such areas should have the same opportunities for signs as infill areas; and WHEREAS, it is in the interests of the City and public welfare to modify the allowance for sign area adjacent to alleys. 234 Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys Page 2 of 6 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.560.060 of the Bozeman Municipal Code be amended as follows: 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 Allowed sq. ft. of wall sign authorized adjacent to an alley in addition to the otherwise authorized maximum sign area 9 9 9 9 9 9 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 32 235 Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys Page 3 of 6 Projecting sign max. area 8' 8' 12' 8' 8' 8' Projecting sign max. distance 4' 4' 6' 4' 4' 4' Rotating sign max area 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. Prohibited Prohibited Non-Residential Uses Zoning District BP PLI HMU REMU RO Maximum sq. ft. area 250 per lot 250 per lot 250 per lot 250 per lot 80 per building Allowed sq. ft. sign area per linear foot of building frontage first 25 feet 2 or 3 1 2 or 3 1 2 or 3 1 2 or 3 1 1 or 1.25 1 Allowed sq. ft. sign area per linear foot of building frontage > 25 feet 1.5 1.5 1.5 1.5 0.5 Allowed sq. ft. of wall sign authorized adjacent to an alley in addition to the otherwise authorized maximum sign area 9 9 9 9 9 Monument max. size sq. ft. 32 32 32 32 12 Monument max. height 5' 5' 5' 5' 5' Monument setback 5' 5' 5' 5' 5' Pole style max. height 13' 13' 13' 13' Prohibited Pole style setback 15' 15' 15' 15' Prohibited Pole style clearance 8' 8' 8' 8' Prohibited Projecting sign max. area 8' 8' 8' 8' 8' 236 Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys Page 4 of 6 Projecting sign max. distance 4' 4' 4' 4' 4' Rotating sign max. area Prohibited Prohibited 2.5 sq. ft. Prohibited Prohibited Section 2 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 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 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 4 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 5 237 Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys Page 5 of 6 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 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 6th day of April, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 238 Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys Page 6 of 6 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 ____________________, 2020. The effective date of this ordinance is ______________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 239