HomeMy WebLinkAboutOrdinance 98- 1468, Amends §§ 18.65.020 and 18.65.070, zoning
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ORDINANCE NO. 1468
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AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN
MUNICIPAL CODE, BE
AMENDED BY REVISING SECTION 18.65.020
AND SECTION 18.65.070
OF SAID CODE TO 1) PROVIDE FOR THE
REGULATION OF PRINCIPAL
USE,
CONDITIONAL USE, AND HOM
E OCCUPATION SIGNS IN
RESIDENTIAL ZONING DISTRICTS, AND
2) TO ESTABLISH A DEFINITION
FOR "NONCOMMERCIAL SPEECH."
BE IT ORDAINED by the City Commission
of the City of Bozeman, Montana:
Section 1
That Section 18.65.020 of the Bozeman
Municipal Code be amended so that such
section shall read as follows:
" 18:65.020
Definitions and interpretation.
Words and phrases used in this chapter
shall have the meanings set forth in this
section. Words and phrases not defined
in this section but defined in this title shall be given
the meanings set forth herein. All
other words and phrases shall be given their common,
ordinary meaning, unless the context
clearly requires otherwise. Section headings or
captions are for reference purposes
only and shall not be used in the interpretation of this
chapter.
"Anchor tenant" means a tenant within
a retail shopping center or complex which
utilizes 20,000 or more square feet
of ground floor area in one or more structures.
"Area of signs" means that the area
of a sign shall be computed by enclosing the
entire area within any type of perimeter
or border which may enclose the outer limits of any
writing, representation, emblem,
figure, or character together with any other material or color
forming an integral part of the display
or used to differentiate such sign from a building on
which it is placed.
The area of a sign having no such
perimeter shall be computed by enclosing the
entire area within parallelograms,
triangles, or circles in a size sufficient to cover the entire
area of the sign copy and computing
the size of such area. In the case of a two-sided sign,
the area shall be computed as including
only the maximum single display surface which is
visible from any ground position
at one time. If the angle between the two sign faces is
greater than forty-five (45) degrees,
the sign area will be the sum of the areas of the two
(2) faces. The supports or uprights
on which any sign is supported should not be included
in determining the sign area unless
such supports or uprights are designed in such a manner
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as to form an integral background of the sign. In the case of any spherical, conical,
or
cylindrical sign one half of the total surface area shall be computed as the area
of the sign.
"Awning" means a roof-like structure, which is generally composed of a skeletal
frame, covered in a fabric or other skin-type material, and typically open on the
bottom side,
which projects beyond a building or extending along and projecting beyond the wall
of the
building. For the purposes of this ordinance a sign on an awning shall be considered
to be
a wall sign.
"Banner" means any sign of lightweight fabric or similar material that is permanently
mounted to a pole or a building by a permanent frame at one or more edges. National~,
state or municipal flags, or the official flag of any institution or business shall
not be
considered banners.
"Beacon" means any light with one or more beams directed into the atmosphere or
directed at one or more points not on the same zone lot as the light source; also,
any light
with one or more beams that rotate or move.
"Building frontage" means the maximum dimension of the building front measured
on a straight line parallel to the street.
"Canopy" means any open, permanent roof-like accessory structure which is not
attached or part of a principal building. For the purposes of this chapter, a sign
located on
a canopy shall be considered a wall sign.
"Commercial message" means any sign wording, logo, or other representation that,
directly or indirectly, names, advertises or calls attention to a business, product,
service, or
other commercial activity.
"Directional sign" means an on-premise sign which is intended to convey information
regarding the location of specific features of the site or to convey on-premise regulations
including traffic and circulation regulations.
"Freestanding sign" means any sign supported by structures or supports that are
placed on, or anchored in, the ground and that are independent from any building or
other
structure.
"Height of low profile sign" means the vertical distance between the finished grade
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and the highest component of the sign.
"Height of pole style sign" means the vertical distance between the elevation of the
adjacent street curb, or edge <?f pavement if no curb exists, to the highest attached
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component of the sign. In the event that the finished grade of the sign location is higher, or
lower, than the adjacent street curb or edge of pavement, the height shall be determined as
the vertical distance from the median elevation between the adjacent street curb or edge of
pavement and the lowest finished grade at the base of the sign to the highest attached
component of the sign.
"Incidental sign" means 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," "telephone," 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 shall be considered incidental.
"Interchange zone" means districts created for the purpose of allowing larger and/or
additional signage for the areas adjacent to the 1-90 interchanges at East Main Street, North
7th Avenue, and North 19th Avenue which are located within the Entryway Overlay District,
B~2 District, and within 1,300 feet of the 1-90 right-of-way.
"Low-profile sign" means a freestanding sign composed of a solid structure between
finished grade and the top of the sign. Also referred to as a monument sign.
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"Nonconforming sign" means a sign that does not conform to the provisions of this
chapter.
"Off-premise sign" means a sign which advertises or directs attention to products
or activities that are not provided on the parcel upon which the sign is located.
"Parapet" means that part of the wall which extends above the roof. For the
purposes of this chapter, the top of the parapet shall be considered to be the roofline.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in series,
designed to move in the wind.
"Pole sign" means a freestanding sign which is supported by a column(s) or other
structural member(s) that is permanently attached to the ground or a ground-mounted
structure and provides a minimum of eight feet of visible, vertical clearance between the sign
and finished grade.
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"Portable sign" means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not limited to, signs
designed to be transported by means of wheels; signs converted to A- or T-frames; balloons
used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles
parked and visible from the public right-of-way, unless said vehicle is used in the normal day-
to-day operations of the business.
"Projecting sign" means any sign affixed to a building or wall in such a manner that
its leading edge extends more than six (6) inches beyond the surface of such building or wall
and is perpendicular to such building or wall.
"Revolving sign" means any sign which all, or a portion of, may rotate either on an
intermittent or constant basis.
"Roof sign" means any sign erected and constructed on and over the roof of a
building, supported by the roof structure, and extending vertically above any portion of the
roof. Roof signs shall not include signs located on a mansard roof if the sign is mounted
vertically and integrated with the roof. For the purpose of this chapter, architecturally
integrated mansard signs and other architecturally integrated signs located below the
principal roof line shall be classified as wall signs.
"Setback" means the distance from the property line to the nearest part of the
applicable building, structure, or sign, measured perpendicularly to the property line.
"Shopping mall" means a multi-tenant retail structure where tenants are located on
both sides of a covered walkway with direct pedestrian access to all establishments from
the walkway.
"Sign" means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify
the purpose of a person or entity, or to communicate information of any kind to the public.
"Special event sign" means a temporary sign which advertises special civic events
and activities such as street fairs, community festivals, parades, farmers markets and charity
benefits.
"Street" means a strip of land or way subject to vehicular traffic (as well as
pedestrian traffic) that provides direct access to property, including, but not
limited to,
avenues, boulevards, courts, drives, highways, lanes, places, roads, or other thoroughfares,
but not including alleys or driveways.
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"Temporary sign" means any sign that is used only temporarily and is not
permanently mounted.
"Wall sign" means any sign painted on, attached to, or erected against the wall of
a building, structure, canopy or awning with the exposed face of the sign parallel to the
plane of said wall or structure. The sign must be attached in a manner so that it does not
extend beyond six inches of the wall.
"Window sign" means any sign painted, attached, glued, or otherwise affixed to a
window for the purpose of being visible from the exterior of the building.
"Zone lot" means a parcel of land or contiguous parcels of land held in single
ownership that is of sufficient size to meet minimum zoning requirements for area, coverage
and use."
Section 2
That Section 18.65.070 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
" 18.65.070 Signs permitted upon the issuance of a sign permit.
The following on-premise signs are permitted in the indicated zones subject to a sign
permit:
A. Commercial, Manufacturing, and Public Land Zones ( B-2, 6-3, M-l, M-2,
BP, PLI, HMU)
A lot in a B-2 district is permitted total signage not to exceed four hundred
(400) square feet. The maximum allowable total signage in the other districts listed
herein shall not exceed two hundred and fifty (250) square feet per lot. A
comprehensive sign plan is required for all commercial centers consisting of two (2)
or more tenant spaces on a lot and shall be designed in accordance with Section
18.65.080.
1. Freestanding Signs
One freestanding sign is permitted
per zoned lot. The
maximum area for a freestanding sign shall be thirty-two (32)
square feet. A low profile freestanding sign shall be set back a
minimum of five (5) feet with a maximum height of five (5) feet.
A pole-style freestanding sign shall be set back a minimum of
fifteen (15) feet with a maximum height of thirteen (13) feet. The
pole-style sign will maintain at least an eight (8) feet minimum
vertical clearance from the ground.
2. Wall Signs
Wall signs are not to exceed a
total signage allowance of
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one and one half (1.51 square feet
per linear foot of building
frontage minus any area devoted
to freestanding or projecting
signs. Canopy, window, and awning
signs shall be classified as
wall signs. Wall signs shall not
project above the top of a wall or
parapet. Lots fronting on two or
more streets shall be permitted
an additional thirty-five (351
percent of the already permitted wall
sign area for each subsequent building
frontage.
3.
Projecting Signs
One projecting sign per tenant. Projecting signs shall not
exceed eight (81 square feet in
area nor extend more than four (41
feet from the building. Projecting
signs shall provide a minimum
sidewalk clearance of eight (81
feet.
B. Business and Office Zones (B-1,
R-OI
The maximum allowable total signage
for a lot shall not exceed eighty (801
square feet in a 8-1 district, and thirty-two (321 square feet in a R-O district.
A
comprehensive sign plan is required for all commercial centers consisting of two (21
or more tenant spaces on a lot. Such plans shall be designed in accordance with
Section 18.65.080.
1 .
Low Profile Freestanding Signs
One low profile sign not to exceed thirty-two (321 square
feet in area in the B-1 district,
and twelve (121 square feet in area
in the R-O district. In both the
B-1 and the R-O districts, the low
profile sign shall have a minimum
setback of five (51 feet and a
maximum height of five (51 feet.
Pole-style freestanding signs are
not permitted in the B-1 and R-O
zones.
2.
Wall Signs
Wall signs in the B-1 district are not to exceed a total
signage allowance of one (1 I square
foot per linear foot of building
frontage minus any area devoted
to freestanding or projecting
signs. Wall signs in the R-O district
are not to exceed a total
signage allowance of half (.51
of a square foot per linear foot of
building frontage minus any area
devoted to freestanding and/or
projecting signs.
Canopy, window, and awning signs shall be
classified as wall signs. Wall
signs shall not project above the top
of a wall or parapet. Lots fronting
on two or more streets shall be
permitted an additional thirty-five
(351 percent of the already
permitted wall sign area for each
subsequent building frontage.
3.
Projecting Signs
One projecting sign per tenant. Projecting signs shall not
exceed eight (81 square feet in
area nor extend more than four (41
feet from the building. Projecting
signs shall provide a minimum
sidewalk clearance of eight (81
feet.
C. Residential and Agricultural Zones (A-5, R-S, R-l, R-2, R-2a, R-3, R-3a, R-4, R-MH)
1 .
Subdivision Identification Signs
For residential subdivisions consisting of more than four
residential units, one low profile,
freestanding, neighborhood
identification sign per development
entrance. Each sign shall not
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exceed sixteen (16) square feet in area or five (5) feet in height
from the finished grade. The sign must be setback at least five (5)
feet from the property line.
2. Residential Building Identification Signs
For properties used for multi-family residential buildings,
one residential identification wall sign per street frontage. Each
sign shall not exceed eight (8) square feet in area.
3. Signs Appurtenant
To Residential flr~pg!p~J",,:j,,: ~n~
Conditional Uses and Home Occupations
Residential uses thot have been reviewed, ond approved,
through the conditional use process or home occupations sholl be
permitted one sign that shall not c>(Qecd four ('1) square fcet in
area. Such sign sfioll not bc loeotcd in any required sctback orca.
Ci;:?""
4. Planned Unit Developments
Commercial establishments
within planned unit
developments where the underlying zoning is residential or
agricultural shall be permitted signage as if the lot were in a B-1
zone.
D.
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. If the applicant is not requesting
sign deviations, the sign application will be reviewed by ADR
staff. If the applicant is requesting deviations, the sign application
shall be subject to review by the Design Review Board and the
City Commission.
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2. Entryway Overlay District
Signage
may exceed the
underlying zoning district
limitations by up to 20% upon review and approval by the City
Commission, upon the recommendation of the Design Review
Board, and upon receipt of a Certificate of Appropriateness.
3. Interchange Zone
Signage may exceed the
maximum total sign area
permitted by Section 18.65.070 by up to 25% upon review and
approval by the City Commission, upon the recommendation of
the Design Review Board, 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
forty-eight (48) square
feet. The sign shall be setback
a minimum of five (5) feet
with a maximum height of eight
(8) feet.
b.Pole~Style Signs
A
pole~style freestanding sign shall
be set back a
minimum of fifteen (15) feet and
will maintain at least an
eight (8) feet minimum vertical
clearance. Pole-style
signs shall not exceed a total
area of forty-eight (48)
square feet or sixteen (16) feet
in height, provided
however, that for every two (2)
feet said sign is set back
from fifteen (15) beyond the street
right-of-way, the
height measured at grade may be
increased one (1) foot,
not to exceed a total of thirty-two
(32) feet, and the area
may be increased by two and one
half (2.5) square feet
for every two (2) feet that said
sign is set back fifteen
( 15)
feet beyond the
street right-of~way up
to a
maximum of one hundred and twenty
(120) square feet.
4. Main Street Historic District
Permits for signs that encroach
into the public right-of-
way shall be obtained from the City Manager's office in City Hall."
Section 3
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 4
Severability.
If any provisions of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
ordinance which may be given effect without the invalid provision or application and, to this
end, the provisions of this ordinance are declared to be severable.
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Section 5
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and
assessments that were incurred or proceedings that were begun before the effective date
of this ordinance.
Section 6
Effective Date.
This ordinance stlall be in full force and effect on May 20, 1998.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading
at a regular session thereof held on the 6th day of April 1998.
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ATTEST: ALFRE . STIFF, Mayor
(}d:- J Jki,;../
ROBIN l. SULLIVAN
Clerk of the Commission
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
20th day
of April 1998.
ATTEST:
(2d:- f ~PL~/
ROBIN L. SULLIVAN
Clerk of the Commission
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