HomeMy WebLinkAboutDiscussion and Direction regarding Sign Regulations in the BMC.pdf
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Work Session re the sign code, Chapter 18.52, BMC
MEETING DATE: August 23, 2010
AGENDA ITEM TYPE: Action Item.
RECOMMENDATION: Consider the presented information and decide whether and how to
proceed with ordinance revisions.
BACKGROUND: On February 22, 2010, the City Commission adopted their 2010-2011 work
plan. Item 2.2 under new initiatives directs consideration of amendments to the regulations
related to signs. Staff has done research on the subject as well as considering public comments.
Several broad areas have been identified for consideration. Issues and ideas are presented below
grouped by subject. Staff requests direction by the Commission on which of these items to
pursue further. Questions are numbered under each section. Some general information relating to
sign status is provided at the end of this memo.
Chapter 18.52 of the municipal code sets the majority of regulations regarding signs. Chapter
18.80 contains the definitions for all of Title 18, Unified Development Ordinance, including
signs. The regulations created include setbacks, height limits, temporary and permanent permits,
exemptions from permits, and maximum area of signs allowed in each zoning district. The
maximum sign area allowed varies by district in part because the need for advertising varies. For
example, a residential complex has less need, but not no need, to advertise than a store located in
a business district.
The essential structure of the City’s present sign code was adopted in 1991. The purpose of this
discussion is to obtain general direction from the Commission regarding possible text
amendments. All references to numbered sections are from Title 18, Unified Development
Ordinance, Bozeman Municipal Code.
The definition for sign is: “18.80.2790 SIGN 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.”
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Points for discussion:
A. Window Signs
Window signs are defined as: “18.80.3210 WINDOW SIGN Any sign painted, attached, glued
or otherwise affixed to a window for the purpose of being visible from the exterior of the
building.”
Window signs are given special treatment in Section 18.52.050.B where they are exempted from:
1) permit requirements and 2) from applying toward the maximum sign area allowed a business.
These exemptions are conditional on the signs occupying 25% or less of a window area. Window
signs larger than 25% of the window area count towards the maximum sign area for the district.
The definition and exemption have been unchanged for many years.
Staff recommends two additional definitions be created to help clarify the application of
regulations.
1) Define display of goods – Traditionally, there has been a distinction between a sign
and the display of goods for sale. The City has encouraged the display of goods to
provide visual interest along the street similar to the kinds of large display windows
seen Downtown. Not all development is well suited for this kind of display. Examples
of distinguishing factors could include depth of window display area or actual
products rather than pictures of goods being shown in the window.
The City has encouraged the use of display cases in lieu of clear glass storefronts on
the backsides or sides of buildings where they face a public street and the primary
entrance is located to the side of the building or the interior of the parking area on the
opposite side of the road way. This is recommended by the City’s Design Objectives
Plan and has been used with various successes on multiple projects within the
Entryway Corridors. To encourage compliance with this guidelines staff has not been
regulating commercial messages enclosed within display cases as signage. The cases
are typically 12”- 24” in depth, include lighting and are accessible from the interior of
the building. The displays can be posters, seasonal displays, community oriented, or
actual merchandise. The practice has been common in the downtown core
historically, where window displays were the primary way business owners attracted
pedestrians into their storefronts. This dynamic changes some when display cases are
utilized on businesses setback 50 feet from arterial corridors where mainly motorists
are viewing the messages at 45mph.
2) Define specifically what constitutes a “window” for purpose of window signs and the
exemptions. A glass area can be separated from another by large wall area or by a
small divider. As shown in the image below some window separations are more
obvious than others are. It is suggested to establish a maximum width of separating
mullions to be considered a separate window. For example, the standard storefront
systems have a mullion width of 2 inches between panels.
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Traditionally, primary signs are placed outside of window area. The ability to see into a building
has a significant impact on how the building is perceived, especially along a highly pedestrian
environment. The City has established required transparency standards in some commercial areas
through the Design Objectives Plan and zoning districts. If windows are fully blocked it can
negatively influence the building design.
The amount of window area varies significantly by building. Therefore, the amount of additional
signs area allowed through window signs also varies significantly in a manner outside of the
typical formula for sign area. This makes program administration more complex and may lead to
perceptions of inequity in the opportunity for signage.
The existing sign regulation does allow a window sign greater than 25% of the window area but
it counts towards the maximum allowed sign area and requires a sign permit similar to wall
signs. This assists in ensuring equity of program administration and opportunity.
3) Section 18.52.050.B specifically says that window signs have to be painted or
physically affixed. This section predated the development of the printed film
materials for window signs. Staff has interpreted the static or adhesive attachment to
the window by the new window films to meet this requirement. Therefore, they have
been allowed to use the exemption. Staff wishes to know if Commission considers
this a correct application of the exemption.
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Public comment received:
Enforce the 25% rule such that businesses are simply able to use 25% of their total window
square footage for signage that does not require additional permits and fees - opposed to the
long-standing enforcement of "25% of each individual window pane".
B. Sign Area
Section 18.52.060 sets the quantity of maximum sign area and has formulae for calculating
maximum wall sign area for each zoning district. The formulae allow a certain amount of sign
area for each linear foot of building wall adjacent to the street. For example, in B-2 the formula
is 1.5 sq. ft per linear foot. There is a maximum limit of sign area but no minimum. The building
owner may use any of the allowed types of signs in distributing the maximum sign area. In the
Entryway and Conservation overlay districts an applicant may propose deviations to allow
additional sign area in exchange for design excellence or historic significance.
Allowed sign types are wall (includes awnings), projecting, low profile free standing
(monument), pole style free standing, and window.
Staff seeks Commission input on possible revisions to Section 18.52.060.
1) Staff has been asked to give local businesses a preference in signs. The City cannot
give preferential treatment based on where the ownership of a business is located.
However, the City can establish neutral criteria that are responsive to local concerns.
For example, many local businesses are smaller in physical scale. The City could
revise the formula for calculating total sign area allowance to grant more area for the
initial portion of building width, e.g. first 50 feet of building width to accumulate sign
area at 2 sq ft rather than 1.5 per linear foot of wall length. This provides for a greater
sign allowance for smaller buildings/tenants without raising the overall sign area
maximum. This somewhat counteracts the effect of larger buildings being more
visually prominent.
In addition, this provision would address the current requirement that signage area is
calculated based upon a linear building frontage. The City has adopted standards that
encourage the placement of parking to the side and rear of the building. There is a
disincentive for developers to place parking beside the building and orient the
building perpendicular to the street placing the “long” façade of the building parallel
to the street as envisioned in the design standards of the Design Objectives Plan. See
Chapter 2, Section J, page 30 of the Design Objectives Plan for text and illustrations
of this standard. The provision could increase the total signage area displayed in
general across the City, especially in the B-2 District, as more buildings would reach
the maximum area of signs allowed. The formula for sign area could be revised to
encourage the building orientation desired by the City. Does the Commission wish
staff to pursue this kind of change?
2) The City has begun to see development of multi-story buildings outside of the
Downtown Core and located along the primary commercial corridors within the City
(W. Main, 7th Ave., 19th Ave.) These building owners have requested commercial
signage on the upper floors of these buildings. In downtown Bozeman, upper floor
signage has little value to the building owner as most motorists do not have viewing
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angles to the upper floors with the building located with no setbacks at the right of
way line. Further out of the downtown core, the street section becomes wider and the
buildings are set back further, sometimes 25 feet from the right-of-way. With this
configuration is becomes easier for motorists to see the upper floors of the buildings
and any associated signage.
Speed of the viewer and the viewing angle strongly affects the ability to read a sign.
A sign that is not readable does not serve its purpose. As buildings increase in height
a wall-mounted sign becomes less effective and building identification signs and
building directories become more effective. Instead of additional signage, it may be
more effective to pursue better comprehensive sign plans that utilize the area already
available.
Does the Commission wish staff to further investigate the effect of height and
differentiation of a sign area increase for multi-story buildings to accommodate signs
on the upper floors?
3) Section 18.52.060.B – Staff suggests modifying the allowance for additional signage
on a lot in the B-1 and R-O districts that have multi-building developments. Two
items are suggested to be changed: 1) so that the extra sign area allowed only applies
when there is more than one user on the lot; and 2) to not limit the number of
buildings to which the additional sign area may apply.
4) Although there is a definition of sign area that describes how sign area is measured,
Staff frequently receives questions on the subject. Staff suggests developing
illustrations of how to measure sign area to account for unusual sign shapes,
individual letters, backgrounds, and similar concepts. We believe that this would help
improve understanding and support consistent application of the code. These
illustrations could be incorporated into others we hope to have added to the UDO
after codification is completed. Does the Commission wish Staff to develop
illustrations?
5) Recently, the question of when a sign should be differentiated from art, specifically a
mural, has arisen. There is a definition of “sign” but we do not attempt to define art.
Staff suggests establishing a definition for “mural” which does not overlap with the
definition of “sign.”
Public Comment:
Establish a clear definition of mural vs. sign. In my opinion, a mural could be related to the
nature of the business, but can't have any logos or products clearly dominating the image.
Murals should be allowed on the exterior or interior of the business, regardless of medium (i.e.
paint, picture, etc on a window or wall). Perhaps this would need a "variance" permit that should
be easy for businesses to attain.
As a point of information, the following signs are not counted towards maximum sign area
allowed in a district.
· Addresses, which are required on freestanding signs, but the address cannot exceed the
height limit for freestanding signs.
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· Directories as long as they are on the building. Directories do not require a sign permit,
but they should be included in comprehensive sign plans.
· When counting individual letters signs, there must be a foot between each letter to be
counted separately, or a foot between each word to be counted separately. The space
between letters or words is not included in the sign area.
· Names of buildings that are located on the building (ex. “Avant Courier” doesn’t
advertise the business located in the building)
· In multiple tenant buildings, a freestanding sign identifying the building or complex does
not count to the total square footage allowed as long as it names the building and does not
have tenant names on it.
· “OPEN” or “CLOSED” signs but they must be on the building, not freestanding.
· Window signs when they are less than 25% of the area of the window.
C. Design Review
Several items related to design review for signs are included on the Commission’s work plan. A
status report on research in this area and several questions are presented below.
A. Investigate a design review process.
· We presently have the Certificate of Appropriateness (COA) review approval
for Entryway Overlay (ECO) & Neighborhood Conservation Overlay (NCO).
The Design Objectives Plan and Guidelines for the Neighborhood Conservation Overlay District
both include specific design guidelines for signage in those Overlay Districts. The guidelines
only apply in the City’s overlay districts and do not apply to areas Citywide. This process allows
for deviations to numerical standards, such as area or height, in exchange for superior design.
The process requires extensive review and documentation through a Certificate of
Appropriateness with deviations. This option is not available everywhere in the community.
A citywide signage design review program has not previously been considered as 80-90% of all
commercial signage in the City lies within one of these Overlay Districts. The criteria included
are general in nature and cannot address every possible combination of sign design scenarios. As
such, the staff often relies on precedent of previous decisions and review of the signage design
within the project vicinity. This can lead to assertions by applicants of subjectivity in decision-
making. After having worked with both overlay design guidelines for several years, staff has a
list of suggested changes that could be made to the guidelines to make the process clearer, more
explicit, and to address the most common scenarios/problems that we see administering these
guidelines. Most of these are directly related to items discussed in this memo.
Part of the purpose of the COA program is to encourage quality materials, integration of building
and sign design and creative signs. Staff has been discussing internally a potential amendment to
the signage code to create a performance based sign ordinance based upon the quality of the
signage. Under this standard the lowest quality signs would be allowed the least amount of area
with the higher quality signage allowed increasingly larger sign area based upon quality. The
higher quality signage at a larger size may have less impact on the community than a smaller
sized, poor quality, poorly lit sign. An example of such a program could include categories such
as: interior lit plastic face cabinet signs would be allowed the least amount of signage, interior lit
individual channel letters would occupy the middle ground, and sculptural, artistically
constructed, indirectly lit signage would received the most sign area.
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The scope of the program could be structured to apply to only certain types of signs or could be
broader. This kind of incentive structure would also advance the community goal of avoiding
franchise architecture and signage.
1) Does the Commission wish staff to pursue this type of qualitative design incentives
program?
D. Administration
Several items connected to ordinance administration related to signs are included on the
Commission’s work plan. A status report on research/action in this area and several questions are
presented below.
B. Investigate eliminating a re-use permit triggering compliance of signs that are not
changed.
· BMC 18.52.190.A. states the eventual elimination of existing signs that are
not in conformity with the provision of the chapter are as important as the
regulation of new signs. Triggers that require this compliance:
a. COA (excluding COAs only for renewable energy technology installation)
b. Site Plan
c. CUP
d. Application with deviations
e. PUD
f. Change in sign copy (excluding changeable copy signs like reader boards)
g. Re-uses (code amendment is required to change this standard)
The numbers of signs that are altered to come into compliance with sign standards just based
upon a reuse permit within the City are very small. This is because other sign compliance
triggers exist that usually require the sign to comply in addition to a reuse permit. Anytime a
sign is changed in copy it is required to conform, so that any business moving to a new location
and or adding new signage to the new location would necessitate compliance. This provision
alone accounts for most of the signage compliance in the City for individual tenant spaces. Staff
does not require a reuse permit for all changes in uses. Section 18.34.170 sets the triggers for
when a reuse application is required. Changing a like use to a like use (e.g. retail to retail)
usually does not require a reuse permit, unless there are obvious site deficiencies.
1) After investigating the matter, Staff does not believe a text amendment to remove re-
use as a trigger for sign compliance would create a material benefit. Does the
Commission concur?
C. Investigate the triggers necessitating sign compliance with current requirements.
· BMC 18.52.190.C. states nonconforming signs may not be changed except for
the following.
a. Replaced except for conforming signs
b. Changed in copy (includes sign faces on light boxes). Excludes reader
board signs intended to be changed.
c. Structurally altered except to extend its useful life.
d. Expanded, moved, or relocated.
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The Department processes hundreds of sign permits each year. New signs may be replacing a
non-conforming or a conforming sign. A record has been kept of the non-conforming signs
removed each calendar year since 2002. This is shown below. Comparing the last two columns
in the table to the number of sign permits the last two years shows the proportion of non-
conforming signs replaced each year to be small.
FY 2009 398 sign permits
FY 2010 342 sign permits
Non-Conforming Signs Removed by Calendar Year
Sign Type 2002 2003 2004 2005 2006 2007 2008 2009 2010 to
Date
Billboard 2 2 1 1
Pole Sign 13 12 7 4 1 4 7 2 2
Free Standing 4 2 3 2 2 3 2
Projecting 2 1 1 1 1
Roof 3 5 2 1 1
Abandoned 1 3 1 1 1
Total 24 18 19 6 2 8 12 7 5 101
Non-conforming signs do still exist. These include some that had a 50% one-time reduction in
non-conformance such as U-Haul and the Cat’s Paw on N. 7th Avenue. Others are not so
obvious. Newly developed areas have few non-conformities. The estimated non-conforming
signs on the major corridors are:
East Main Street 22
West Main Street 25
North 7th 20
Everywhere else 40
The City also requires the removal of abandoned signs. There is not a formal definition of what
is an abandoned sign. The City requires removal of ‘ghost’ signs, i.e. legible outlines of removed
signs, as part of the large-scale retail requirements of 18.40.180. Staff believes that the
abandoned sign provisions can be improved in clarity.
2) Does the Commission wish staff to develop amendments defining and clarifying the
abandoned sign requirements?
D. Clean up the application and administrative appeals process.
A new application template for sign permits has been created and implemented.
The application form includes clear notice of the appeal procedures on the front of the
application sheet.
The application process will be charted out as part of the development of sample sign permits for
web posting.
E. Speed up the application and administrative appeals process.
· Research appeals procedures for signs
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Appeals of administrative decisions or interpretations are governed by Sections 18.66.030 and
18.66.040 locally and are also subject to the requirements of Section 76-2-326 of Montana
statute. There is no distinction between appeals related to signs and other appeals. All appeals of
administrative actions require a public hearing; and associated noticing in the newspaper not less
than 15 days prior to the hearing. The City Commission hears all appeals of administrative
actions or interpretations. We do not believe that the timeframe for appeals can be compressed
any further than is presently done.
· Return incomplete applications quickly
· Process applications quickly
The new application form simplifies the process of determining an application to be complete.
Revised workflow structure has reduced steps in the review process.
· Develop a sample sign application that would work as a template including
exhibits
Now in development.
· Research electronic application and credit card payments
We have verified that the current City owned project-tracking software does not allow
submission of electronic applications. The vendor indicates that software does exist which could
support such things but additional purchases of software would be required. The Department
could add the capacity to take credit cards for payments of application fees without adding the
application submittal software. The City Treasurer indicates that the costs for such added
capacity is 3.5% - 5% of all credit card transactions.
· Investigate how to exempt signs with a historical use from the sign code.
Section 18.52.160 creates an allowance for a historically or culturally significant sign that does
not conform to the present sign regulations to remain. It does not allow for new signs that do not
conform. The City Commission must adopt findings in support of such a decision through a
resolution. The COA process has been used to handle this type of application.
The Bozeman Historic Preservation Advisory Board’s Planning and Policy Committee has begun
discussing creation of a historic or cultural sign list. The purpose of a sign registry would be to
protect signs that are historic or culturally important to the community of Bozeman, enabling the
signs to remain as are when future development is proposed on the site. Preliminary policy ideas
suggest that if a sign were placed on the historic/ cultural sign inventory, the sign could not be
altered or demolished without a Certificate of Appropriateness process.
Public Comment
Encourage enforcement of sign code to be equal, city-wide ... opposed to the current
"enforcement by complaint" model that is currently in place.
Make the code simpler to read and comprehend for the lay person. Define the appeal/variance
process simply with costs and procedures clearly defined.
Consider that variance requests should go before a community board and a city representative
for approval, taking the approval/denial process to a community and city collaboration
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E. Other Matters
F. Investigate monument signs with moveable lettering and how these fit into the sign
ordinance.
Monument Signs with movable lettering
· Reader-board signs are strongly discouraged in the Entryway Corridor overlay. Strongly
discourages means not usually allowed. Entryway Corridors are the location for a large
portion of the commercial signs in town. Low reader board signs are less effective since
the distance at which the changed text can be seen is short and give little reading time.
· Fuel station pricing signs are treated the same regardless of where they are located. They
are allowed price changing signs, but in the Entryway Corridor, not a reader-board.
Monument Signs/Pole signs with replaceable panels
· Monument signs with tenant listings are allowed outside of the Entryway Corridor where
the speed of vehicle traffic is slower. The replaceable panels are made to be replaced as a
whole and do not include movable letters.
· PUD Pylon signs are generally with large commercial developments that ask for and are
given sign relaxations through the PUD process. These PUDs often aggregate multiple
freestanding signs into a single larger sign. The tenant names are usually larger and
limited in number to what a person in a vehicle traveling at the speed limit can see in a
glance.
Animated signs
· The Bozeman High School is on school district property and not subject to the City’s sign
code for school district uses. It was requested of the School Board to follow the sign
code voluntarily, but they decided to install the animated sign.
· The MSU Music Department installed a similar, but lower animated sign on S. 11th
Avenue on campus. MSU is likewise not subject to the City’s sign code for university
uses.
· Century 21 on West Main is the last non-public animated sign in the City. It will be
required to come into conformance when one of the compliance triggers occurs as
described above.
Public Comment
6) Advise or Educate Developers on Comprehensive Sign Plan and what the ramifications are
when they submit to the planning department. Check list for Developer to make sure they
understand what exactly is and will be required of them.
As noted above there are education efforts underway, these include:
· Designed a new sign permit incorporating three applications into one, information on
appeals, and directions to the sign code chapter of the BMC. This new permit was
reviewed in-house by the appropriate overlay planners and sent out to over 25 sign
companies.
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· Nearing completion of a model sign permit to be posted on the web site.
· When the model sign permit it completed, the path it takes when submitted to the
planning department will be plotted.
· Working on a model comprehensive sign plan to post on the web site.
FISCAL EFFECTS: None at this time. Code amendments or changes to design guidelines will
require: commitment of staff time, advertising costs, printing costs, public involvement, possibly
software for document editing.
ALTERNATIVES: 1) Direct staff to undertake text amendments as recommended by staff
2) Direct staff to undertake additional text amendments
3) Direct staff to take no action
4) Other actions s as suggested by the City Commission.
Attachments: None
Report compiled on: August 11, 2010
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