HomeMy WebLinkAboutOrdinance 10- 1780 Amending Ch. 52 and 80, UDO, Rotating SignsORDINANCE NO. 1780
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING CHAPTERS 52 AND 80 OF TITLE 18, UNIFIED
DEVELOPMENT ORDINANCE, OF THE BOZEMAN MUNICIPAL CODE TO DEFINE
TERMS RELATING TO SIGNS AND ALLOW ROTATING SIGNS IN DEFINED
DISTRICTS AND IN CONFORMANCE WITH DEFINED STANDARDS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings: and
WHEREAS, the Bozeman Zoning Commission held a public hearing on February 17,
2010 to receive and review all written and oral testimony on the request for a Unified
Development Ordinance text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z-10006, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that proposed the Unified
Development Ordinance text amendments be approved; and
WHEREAS, after proper notice, the City Commission held a public hearing on March
1, 2010, to receive and review all written and oral testimony on the request for a text amendment
to the Unified Development Ordinance; and
WHEREAS, the City Commission reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established by Section 76-2-304, M.C.A., and
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found the proposed Unified Development Ordinance text amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC; and
WHEREAS. at its public hearing, the City Commission found that the proposed
Unified Development Ordinance text amendment would be in compliance with Bozemai s
adopted growth policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman. Montana, upon a vote of to 1 that
Section 1
Section 18.52.020 of the Unified Development Ordinance be amended as follows:
18.52.030 Prohibited signs
All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in
the City. Such signs include, but are not limited to:
A. Portable signs (except as allowed under Title 12, Chapter 22, BMC);
B. Roof signs;
C. Revolving signs, e.' as perinitted m ISS)°000 BM('
D. Beacons, spot lights;
E. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except
for incidental signs as defined in Chapter 18.80, BMC;
F. Pennants, streamers, wind socks, pinwheels, or similar items;
G. Stringed flags;
H. Inflatable signs and tethered balloons (except as permitted per 18.52.040, BMC); and
1. Signs located in public rights-of-way (except for those specifically permitted in this
chapter.
J. Signs that 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 2
Section 18.52.060 of the Unified Development Ordinance be amended as follows:
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18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT
The follo on-premise signs are permitted. in the indicated zones subject to a sign permit:
Commercial, 'Manufacturing, and Public Land Zones (13-2, 13-3. UM M-1, M-2 I3P
I'M:). A lot in a 13-2 district is permitted total signagc not to exceed 400 square feet. The
maximum allowable total :signage in the other districts listed herein shall not exceed 25()
square feet per lot. A comprehensive sign plan is required for all. commercial centers
consisting, of two or more tenant spaces on a lot and shall be designed in accordance with
:718.52.070,13M(2..
1. Freestanding, Signs. One freestanding sign is permitted per zoned lot. The maximum
area for a freestanding sign shall be 32 square feet. low profile freestanding sign
shall be set back a minimum of 5 feet with a maximum height of 5 feet. ,k polc-stvle
freestanding sign shall be set back a minimum of 15 feet with a maximum height of
13 feet. The pole-style sign will maintain at least an 8-foot minimum vertical
clearance from the ground.
2. Wall Signs. Wall signs are not to exceed a total signag,e allowance of 1.5 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 wali or parapet. Lots fronting on two
or more streets shall be permitted an additional 35 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 8
square feet in area nor extend more than 4 feet from the building. In the 13-3 district,
projecting signs shall not exceed 12 square feet in area nor extend more than 6 feet
from the building. Projecting signs shall provide a minimum sidewalk clearance of 8
feet.
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Business and Office Zones (B-1, R-(.)). The maximum allow-able total signagc for a lot with
one building shall not exceed 80 square feet in a 13-1 district or non-residentially planned R-
0 district, the maximum allow-able total signagc fur a lot with two or more buildings shall
not exceed 160 square feet in a B-1 district or non-residentially planned R-() district and 32
square feet in a residential planned R-0 district. A comprehensive sign. plan is required for
all commercial centers consisting of rwo or more tenant spaces on a lot. Such plans shall be
designed in accordance with this section.
1. 1.,ow Profile Freestanding Signs. (:)ne low profile sign not to exceed 32 square feet in
area in the 13-1 district, and 12 square feet in area in the R-() district. In both the 13-1
and the R-() districts, the low profile sign shall have a minimum setback of 5 feet
and a maximum height of 5 feet. Pole-style freestanding signs are not permitted in
the 13-1 and R-(...) zones.
2. NX'all Si ms. Wall signs in the 13-1 district are not to exceed a total signage allowance
of 1 square foot per linear foot of building frontage minus any area devoted to
freestanding or projecting signs. Wall signs m the R-() district are not to exceed a
total signage allowance of 0.5 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 35 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 8
square feet in area nor extend more than 4 feet from the building. Projecting signs
shall provide a minimum sidewalk clearance of 8 feet.
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provide the nummu. 1.111 sidewalk ch...°arance hch4ht rocattn.,g. sha.H not
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4. Subdivision Identification Signs. For residential subdivisions ,consisting of more than
four residential units., one low profile, freestanding, neighborhood identification sign
per development entrance is allowed. Each sign shall not exceed 16 square.' feet in
area or 5 feet in height from the finished grade. The sign must be setback at least 5
feet from the property line.
5. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification all sign per street frontage. Hach
sign shall not exceed 8 square feet in area.
C„
Residential Zones (R,S,R,1, R-4, R111.11„).
Subdivision Identification Signs. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign.
per development entrance is allowed. Each sign shall not exceed 16 square feet in
area or 5 feet in height from the finished grade. The sign must be setback at least 5
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. Each
sign shall not exceed 8 square feet in area.
3. Signs Appurtenant To Residential Principal and Conditional Uses and Home
Occupations.
a. Principal residential uses and home occupations shall be permitted
commercial message signage not to exceed 4 square feet in area and shall not
be located in any required setback area. In addition, home occupations shall
be permitted 1 square foot signs on a mailbox or lamp post or 1.5 square feet
of freestanding signage located a minimum of 5 feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs
which do not exceed 30 square feet in area not 5 feet in height. Such sign(s)
must be setback a.t least 15 feet from the property line.
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c. Conditional nonresidential type uses, such as churches, veterinan- uses, golf
courses, day care centers and schools shall be permitted signage as if the
underlying zoning were 13-1. Conditional residential type uses such as bed
and breakfast homes, and fraternity and sorority houses, shall be permitted
signage as if the underlying zoning were.' R-0. Such signs may only be
illuminated during the hours of operation.
4. Planned [nit Developments. Commercial establishments within planned unit
developments where the underlying zoning is residential shall be permitted signage as
if the lot were in a 13-1 zone.
D, Special Districts And Zones. The guidelines for the underlying zoning districts apply unless
otherwise addressed below.
1. Neighborhood Consen-ation Overlay District. Within this district, all signage is
subject to issuance of a Certificate of Appropriateness after review for compliance
with the Design Guidelines for the Neighborhood Conservation Overlay District. 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.
2. 1:,ntryway Overlay District. Within this district, all signage is subject to issuance of a
Certificate of Appropriateness after review for compliance with the Design
Objectives Plan for entrywa.y corridors. If the applicant is not requesting sign
deviations, the sign application will he reviewed by DR staff. Signage may exceed
the underlying zoning district limitations by up to 20 percent upon review and
approval of a deviation by the (its- Commission, upon the recommendation of the
Design Review Board, and upon receipt of a Certificate tif.„\ppropriateness.
3. Interchange Zone. Signage may exceed the maximum total sign area permitted bv
18.52.060, 11111C by up to 25 percent upon review and approval of a deviation by
the City Commission, upon the recommendation of the appropriate design review
advisory body, and upon receipt of a Certificate of Appropriateness. Each lot shall
be permitted one freestanding sign.
Low Profile Signs. One low profile sign per zoned lot. The maximum. area
for a low profile sign shall be 40 square feet. The sign shall be setback a
minimum of 5 feet with a maximum height of 8 feet.
b. Pole-Style Sitms. A pole-style freestanding sign shall be set back a minimum
of 15 feet and will maintain at least an 8-foot minimum vertical clearance.
Pole-style signs shall not exceed a total area of 40 square feet or 16 feet in
height, provided however, that for even- 2 feet said sign is set back from 15
feet beyond the street right-of-way, the height measured at grade may be
increased 1 foot, not to exceed a total of 32 feet, and the area may be
increased by 2.5 square feet for every 2 feet that said sign is set back 15 feet
beyond the street right-of-way up to a maximum of 120 square feet.
4. Main Street flistoric District. Permits for signs that encroach into the public right-of-
way shall be obtained from the City Manager's office in City I Iall.
Section 3
Section 18.80.135 of the Unified Development Ordinance to created to read as follows:
18 80 135
S VI depicting action. motion, light, or collor change., or that chamle the sign disp.ayed throng_
electrical or mechanical 01. U Excludes those si.gns defined as revolving signs.
ANIMATED Stc,N
Section 4
Section 18.80.2640 of the Unified Development Ordinance be amended to read as follows:
18.80.2640 REVOLVING SIGNITROR! BOOKMARK NOT I)1TINEI).
Am- sign which all, or a portion of, trita-v' n]echanic111\ rotateb. either on an intermittent or constant
basis Aruund A •c•ntrAl
Section 5
Severability.
If any provision 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 growth
policy which may be given effect without the invalid provision or application and, to this end, the
provisions of this growth policy are declared to be severable.
Section 6
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this resolution.
Section 7
The effective date of this ordinance is 30 days after passage on 2 reading
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regular session thereof held on the 1st day of March 2010.
ATTEST:
PASSED by the City Commission of the City of Bozeman. Montana, on first reading, at a
ATTEST:
1E83
4,
4
co.
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the 22' day of
March, 2010.
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EG SULLIVAN
City Attorney
APPROViT,,) AS TO FORM: