HomeMy WebLinkAboutPolicy Dev. on Advertising signage combined materials.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Burns, Parking Manager Chris Kukulski, City Manager
SUBJECT: Policy development on advertising signage on municipal property.
MEETING DATE: October 18, 2010 (Moved from October 11, 2010) AGENDA ITEM TYPE: Action Item.
RECOMMENDATIONS: Consider options for advertising on municipal property and direct staff towards policy development.
BACKGROUND: BMC Chapter 3.28 was created by Ordinance 1657 in 2005. The
Legislative Findings from Chapter 3.28.010 are still true today, that is, the City of Bozeman has
an outstanding opportunity to generate revenue by allowing for advertising on some of its municipal properties.
It is the intent of the Bozeman Parking Commission to sell advertising space in Bridger Park
Downtown, the city-owned parking garage on East Mendenhall Street. The Parking Commission
anticipates annual revenue of up to $4,000 per year, depending on the demand.
Generally, interior walls of parking garages are dull, drab, lifeless landscapes. The Parking
Commission sees interior advertising as an opportunity to lighten up the gray walls. Signage will
bring vitality to the structure and has been shown to decrease graffiti and vandalism.
Neither the Parking Commission nor city staff would sell, install, maintain, or remove the
advertising signage. The Parking Commission anticipates entering into a contract of between two
to five years with a third party which will create an indoor advertising program. The Parking
Commission anticipates receiving 40 percent of the revenue. Payment to the Parking
Commission will be made quarterly and contribute to the Parking Commission operations.
In addition to the interior walls of Bridger Park Downtown, the stairwells and elevators would
also be considered as potential sites for signage. Sign materials will be full color, easily cleaned,
and securely installed.
The Parking Commission envisions signs of all shapes and sizes, but understands that all signs
must abide by City code. To ensure compliance, all signage would be approved by the Parking
Commission’s representative prior to installation.
To kickoff the program, the vendor is expected to install framed signage with bold and bright wording such as “Your ad here.” It is expected that once these teaser signs are installed and
businesses become aware of the new campaign, signs will sell quickly. These signs will
correspond with a sales effort to reach Bozeman businesses.
Bridger Park Downtown is not the sole City-owned property suitable for advertising. In fact, for many years, there have been advertising/sponsorships on parklands by various organizations
such as Sweet Pea (Lindley Park), Farmer’s Market (Bogert Park), and Gallatin Valley Softball
Association (softball fields). Additionally, some events at the Story Mansion feature advertising.
At one time, the baseball diamonds at West Babcock Park had commission-approved signage, since removed, and the old hockey rink at Bogert Park featured signage on the dasher boards
prior to moving the Gallatin County Fairgrounds.
The Parks Department has been approached by other organizations wishing to place sponsorship-
acknowledgment signage at trailheads, on restrooms, on fences, and near the climbing rocks.
Other potential advertising locations are the Streamline Bus shelters and the community gardens.
A potential snag to the Parking Commission’s plan is that BMC Chapter 3.28.020 places the
burden of approval on the City Manager and limits the agreement terms to 180 days. To streamline the process and to broaden the base of potential advertisers, it is suggested that
approval be by the City Manager or a Designee and agreement terms of greater than 180 days be
allowed.
FISCAL EFFECTS: Potential revenue generation from Bridger Park Downtown: $4,000 per year. Parkland revenue typically returns to the user group involved.
ALTERNATIVES: As suggested by the City Commission.
Attachments: BMC Chapter 3.28
UDO Chapter 18.52
Report compiled on: September 29, 2010
CHAPTER 18.52
SIGNS
18.52.010 INTENT AND PURPOSES
It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and
visitors of the City of Bozeman 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:
A. To preserve the Bozeman area’s natural scenic beauty and character as expressed in adopted City
plans and policies;
B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with
the unrestricted proliferation of signs, lights and stringed devices;
C. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community’s built and natural environment;
D. To give all businesses an equal opportunity to have a sign that will help people find the services
they need; and
E. 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. Sections 18.28.070 and 18.30.080, BMC
establish certain exemptions, and alternative procedures utilizing design review. The
deliberations and decisions of the design review shall 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 title.
F. To protect the public health and safety by minimizing distractions to the traveling public.
18.52.020 SIGN PERMIT REQUIREMENTS
If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected or
modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the
construction, placement, erection or modification of such a sign. Furthermore, the property owner shall
maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an
existing sign or proposed sign unless such sign is consistent with the requirements of this chapter.
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;
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;
Ordinance #1769.Effective January 30, 2010 page 52-1
H. Inflatable signs and tethered balloons (except as permitted per §18.52.040, BMC); and
I. 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;
18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS
Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding
those subject to §18.52.050, BMC, shall be allowed only as follows:
A. Special event signs are permitted in the zones described in §18.52.060.A and §18.52.060.B, BMC.
B. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit
C. All temporary signs shall comply with size, height, and location requirements of this chapter.
D. For special commercial events, temporary signs shall be displayed for a consecutive period not
to exceed fifteen days, for a maximum of thirty days per calendar year, from January 1 to
December 31. There shall be a period of at least seven days between each fifteen day display
period.
E. Temporary signs which identify a new business may be may be displayed for a period not to
exceed 60 days, additional temporary signs shall not be allowed until the next calendar year.
Only one temporary sign identifying a new business shall 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.
F. 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 more days of temporary signage.
G. Itinerant vendors shall receive information about allowable temporary signs at the time they
apply for a business license, but no permit is required if the itinerant vendor is operating less
than 7 days.
H. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental, may apply for a long term temporary sign which may be approved for a period not to
exceed 180 days.
I. Businesses may promote events in the community, such as the County Fair or Sweet Pea, 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 in their temporary and special event signage limit of 30 days
a year.
18.52.050 SIGNS EXEMPT FROM PERMIT REQUIREMENTS
The following signs shall be exempt from the permitting requirement but must comply with the criteria
for signs allowed by this chapter, except Section 18.52.060:
A. Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMH).
Ordinance #1769.Effective January 30, 2010 page 52-2
1. Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other
noncommercial speech signs that do not exceed 9 square feet in total area and, if
freestanding, 5 feet in height. No more than one such sign per street frontage.
2. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are physically at the residence, and
the sign shall be removed immediately when the working party leaves the property. Such
sign shall not exceed 9 square feet in total area and, if free standing shall not exceed five
feet in height. Not more than one such sign per street frontage per lot is allowed. Such
signs shall not be considered off-premise advertising so long as the identified business is
actively engaged on the site.
B. Commercial and Manufacturing Zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU).
1. Window signs painted on the window or physically affixed to the interior of a window,
provided that such signs do not occupy more than 25 percent of the area of the window
in which it is displayed. If it exceeds 25 percent of the area of the window, it will be
classified as a wall sign.
2. 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.
3. Temporary non-illuminated signs, e.g. real estate sale, for rent or lease, political
campaign, noncommercial speech signs shall not exceed 32 square feet in size, shall be
no more than 5 feet high and shall be at least 5 feet from the property line. Only one
sign of each subject per street frontage per lot is allowed.
4. A temporary, non-illuminated sign identifying the businesses working at a construction
site may be posted. The signs for multiple businesses shall be aggregated among all those
working on the site and in total shall not exceed 32 square feet in size, shall be no more
than 5 feet high and shall be at least 5 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, landscape company shall be on a single sign
per street frontage per lot. Such signs shall not be considered off-premise advertising so
long as the identified business is actively engaged on the site.
5. Not more than four on-premises directional signs not exceeding 4 square feet in area and
5 feet in height which shall not contain any commercial messages.
C. All Zones.
1. 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 any 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.
2. Incidental Signs. 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, shall
be considered incidental.
18.52.060 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, B-3, UMU, M-1, M-2, BP, PLI,
HMU). A lot in a B-2 district is permitted total signage not to exceed 400 square feet. The
Ordinance #1769.Effective January 30, 2010 page 52-3
maximum allowable total signage in the other districts listed herein shall not exceed 250 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 §18.52.070, BMC.
1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set
back a minimum of 5 feet with a maximum height of 5 feet. A pole-style 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 signage 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 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. In the B-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.
B. Business and Office Zones (B-1, R-O). The maximum allowable total signage for a lot with one
building shall not exceed 80 square feet in a B-1 district or non-residentially planned R-O
district, the maximum allowable total signage for a lot with two or more buildings shall not
exceed 160 square feet in a B-1 district or non-residentially planned R-O district and 32 square
feet in a residential planned R-O district. A comprehensive sign plan is required for all
commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be
designed in accordance with this section.
1. Low Profile Freestanding Signs. One low profile sign not to exceed 32 square feet in area
in the B-1 district, and 12 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 5 feet and a
maximum height of 5 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 1
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 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.
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.
Ordinance #1769.Effective January 30, 2010 page 52-4
5. 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.
C. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH).
1. 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 nor 5 feet in height. Such sign(s) must be
setback at least 15 feet from the property line.
c. Conditional nonresidential type uses, such as churches, veterinary uses, golf
courses, day care centers and schools shall be permitted signage as if the
underlying zoning were B-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-O. Such signs may only be illuminated during
the hours of operation.
4. Planned Unit Developments. Commercial establishments within planned unit
developments where the underlying zoning is residential 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 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. Entryway 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 entryway corridors. If the applicant is not requesting sign deviations, the sign
application will be reviewed by ADR staff. Signage may exceed the underlying zoning
district limitations by up to 20 percent upon review and approval of a deviation by the
City Commission, upon the recommendation of the Design Review Board, and upon
receipt of a Certificate of Appropriateness.
Ordinance #1769.Effective January 30, 2010 page 52-5
3. Interchange Zone. Signage may exceed the maximum total sign area permitted by
§18.52.060, BMC 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.
a. 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 Signs. 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 every 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 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.
18.52.065 WAY FINDING SIGNAGE
A. Purpose. Wayfinding signs shall serve to assist travelers in navigating the larger community and
identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off-premise
advertising for individual entities.
B. Defined Districts. To qualify as a district an area must have a significant commonality of
purpose, identity and shared functions serving the larger community. Designation as a district is
at the discretion of the City and shall only be granted when found to be consistent with the
intent of this chapter and the City’s other adopted regulations, policies and plans. Approval of
district designation is the duty of the Planning Director who shall make written findings of the
decision.
C. Wayfinding signage is intended to add to the district’s “sense of place” and may include district
identification signs, directory signs to designate shared or common spaces such as parking
facilities, parks, trails and open space. It may also include pedestrian-scale informational kiosks
to announce district events and/or to list a directory that corresponds with a map presented in
the kiosk. Wayfinding signs shall not advertise specific businesses or otherwise constitute off-
premise signs. Wayfinding signage is permitted within districts only after approval of a
comprehensive signage plan for the wayfinding signs.
D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual
or entity legally authorized to represent the area within the plan and with the consent of relevant
governing authority. In addition to the requirements of 18.52.170, a comprehensive signage plan
for wayfinding must:
1. Include a description of the installation and maintenance program for the signs including
but not limited to: who is responsible for installation and maintenance, identified reliable
funding for installation and maintenance, contact plan for the responsible individual, and
a description of how the sign program will be kept updated or removed. If the signs are
to be illuminated a description of how the power source may be removed and made safe
shall be included.
2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced
visual aesthetic consistent with the streetscape design elements in the district; coordinate
Ordinance #1769.Effective January 30, 2010 page 52-6
information to pedestrians and drivers in a clear, consistent, and understandable format;
and reduce visual clutter.
3. Include information on how the district stakeholders were given opportunity to
collaboratively participate in the selection of the sign types and designs.
4. Clearly describe the hierarchy of signs and include the criteria for determining sign
placement and size. Any signs intended to be read from the right of way shall comply
with the lettering standards of the Manual for Uniform Traffic Control Devices for the
road type and speed.
5. The wayfinding signage plan shall include signage elevations and plans with
corresponding map(s) designating signs types and locations.
E. Design Standards. The wayfinding signs shall include and meet the following standards and
provisions:
1. Color Schemes, Fonts and Materials. Coordinated color schemes, fonts and materials,
including base supports, cabinet details and mounting methods, shall serve to distinguish
wayfinding signage within the district from other districts.
2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage
plan shall include cut-sheets and lighting details in accordance with the standards
established in Section 18.42.150.
a. Photovoltaic panels to provide power, where appropriate, are
encouraged.
3. Size and Location. Signage may be located within required setbacks and may be located
within the right-of-way, with approval from the applicable review agencies including the
City of Bozeman and/or the Montana Department of Transportation. Restrictions for
signs within the public right-of-way may be more strict than those on private property in
order to avoid conflict or confusion with official regulatory and warning signs or
interference with travel.
4. Wayfinding signs shall comply with the following standards:
a. Wayfinding signs that are affixed to a light post, traffic post or sign within the
right-of-way shall not exceed 4 square feet in area and are limited to one sign per
block face (or equivalent).
b. Any signs intended to be located within the right of way shall comply with the
construction standards of the Manual for Uniform Traffic Control Devices.
c. Free-standing wayfinding kiosks or signs are limited to one sign per 2 blocks (or
equivalent), shall not exceed 30 square feet in area per face and shall not exceed 7
feet in height.
d. Wayfinding signage may be located within the street-vision triangle at
intersections controlled by a traffic light.
e. Decorative features including but not limited to post caps may extend an
additional 2 feet for a total of 9 feet in height.
f. Photovoltaic panels are exempt from the height requirement.
g. Business names, logos, or other marks identifying specific parties on a directory
list or map in a kiosk shall not exceed one inch in height.
h. Wayfinding signage may not interfere with the clear passage of pedestrians or
vehicles or otherwise cause safety hazards.
Ordinance #1769.Effective January 30, 2010 page 52-7
i. Wayfinding signs shall not obscure or obstruct any existing regulatory, warning,
or parking control signs.
8. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of
platted lots.
9. A performance bond or other surety acceptable to the City may be required for the
maintenance, replacement, updating, and/or removal of signs in an amount acceptable to
the Planning Director.
18.52.070 COMPREHENSIVE SIGN PLAN
A comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses
consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common
development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent
with this chapter, the underlying zoning regulations applicable to the property and any discretionary
development permit or plan for the property. The plan should include the size and location of buildings
and the size and location of existing and proposed signs. The purpose of the plan is to coordinate
graphics and signs with building design. The coordination shall be achieved by:
A. Using the same type of cabinet supports or method of mounting for signs of the same type;
using the same type of construction for components, such as sign copy, cabinet and supports;
using other types of integrating techniques, such as common color elements, determined
appropriate by the Planning Director.
B. Using the same form of illumination for all signs, or by using varied forms of illuminations
determined compatible by the Planning Director.
18.52.080 MULTITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE FEET
OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of
the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed
by §18.52.060.A.2 or §18.52.060.B.2, BMC. If the lot has more than one building frontage, the
individual tenant space may derive sign area only from the frontage(s) which the space faces.
Lots under this section shall be allowed a low profile sign that identifies the complex, which
otherwise conforms to this chapter, in addition to the sign area already permitted under
§18.52.060.A.2or §18.52.060.B.2, BMC.
18.52.090 MULTITENANT COMPLEXES WITH MORE THAN 100,000 SQUARE
FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
1. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, not 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
Ordinance #1769.Effective January 30, 2010 page 52-8
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from 1.5 times
the linear store frontage. For the maximum allowable total signage, please see §18.52.060.A or
§18.52.060.B, BMC.
18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000
SQUARE FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
l. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, nor 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300
square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be
permitted wall signage square footage calculated from 5 percent of the ground floor area.
18.52.110 ILLUMINATION
A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color.
Internally illuminated “can signs” are acceptable provided background and copy are coordinated
to avoid excessive light output. Neon and other gas type transformers shall be limited to 60
milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light
output. The output of lumens from lighting provided by other types of light emitters shall not
exceed that possible from gas type transformers as regulated in this paragraph. Additionally,
neon and other gas type signs with exposed tubing shall be equipped with dimmers.
B. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the
top of the sign and aimed downward; ground-mounted sign lighting may only be used for
monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their
output beyond the sign.
18.52.120 STREET VISION TRIANGLES
Signs shall not be placed in sight vision triangles as they are established in §18.44.100, BMC, unless
specifically authorized in this chapter.
18.52.130 REQUIRED ADDRESS SIGNS
Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones,
consistent with the requirements of the Fire Department. All freestanding signs shall display the address
of the lot in 6-inch numbers.
18.52.140 BILLBOARDS AND OTHER OFF-PREMISE ADVERTISING
Off-premises commercial advertising signs are not permitted within the Bozeman City limits except as
permitted by state or federal law.
Ordinance #1769.Effective January 30, 2010 page 52-9
A. Exception: Off-premises signs may be placed on the interior of transit shelters reviewed and
approved by the City of Bozeman and served by an active fixed route transit service. Signage
within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes.
18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES
ON PUBLIC PROPERTY
Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as follows:
A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned
lands.
B. The sign(s) may be erected two weeks prior to the commencement of the activity and shall be
removed within two weeks after the cessation of the activity for which the sign(s) were erected.
C. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a
minimum of 15 feet from the property line with a maximum height of 5 feet. Signs attached to
walls or scoreboards shall not be subject to the 5 foot height limitation. However, signs attached
to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are
attached. All signs shall be oriented towards spectators attending the activity who are at the
facility.
D. The sign(s) shall not:
1. Be individually illuminated; nor
2. Be placed in sight vision triangles or otherwise impede or obstruct the view of the
traveling public.
E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit
detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place.
Applications and review procedures shall be made as per §18.52.170, BMC.
18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS
Signs which have historical or cultural significance to the City but do not conform to the provisions of
this chapter, maybe permitted provided that the City Commission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by
resolution of the City Commission.
18.52.170 APPLICATION
A. An application for a sign shall be made on forms provided by the Planning Department. The
application shall contain sufficient information and plans to permit review pursuant to this
chapter, including but not limited to: building elevations; photographs; proposed locations of
signs on building elevations; sign design layout showing number, types and dimensions of all
signs; and a site plan showing proposed location of all signs.
B. Acceptability and Adequacy of Application.
1. The Planning Department shall review the application for acceptability within five
working days to determine if the application does not omit any of the submittal elements
required by this title. If the application does not contain all of the required elements, the
application and a written explanation of what the application is missing shall be returned
to the property owner or their representative. The five working day review period will be
considered met if the letter is dated, signed and placed in the outgoing mail within the
five day review period.
Ordinance #1769.Effective January 30, 2010 page 52-10
2. After the application is deemed to contain the required elements and to be acceptable, it
shall be reviewed for adequacy. A determination of adequacy means the application
contains all of the required elements in sufficient detail and accuracy to enable the City
to make a determination that the application either does or does not conform to the
requirements of this title and any other applicable regulations under the jurisdiction of
the City of Bozeman. Determination of adequacy will be made by the Planning
Department. The adequacy review period shall begin on the next working day after the
date that the Planning Department determines the application contains all the required
elements and shall be completed within not more than 15 working days. The 15 working
day review period will be considered met if the letter is dated, signed and placed in the
outgoing mail within the 15 working day review period. If the application is inadequate, a
written explanation of why the application is inadequate will be returned to the property
owner. Upon a determination of adequacy the review of the development will be
scheduled.
a. In the event the missing information is not received by the City within 15
working days of notification to the property owner of inadequacy, all application
materials shall be returned to the property owner or their representative.
Subsequent resubmittal shall require payment of a review fee as if it were a new
application.
b. A determination that an application is adequate does not restrict the City from
requesting additional information during the review process.
3. Should the property owner choose not to provide the required information after an
application has been found unacceptable, nor to accept return of the application, the
application may be processed by the City with the recognition by the property owner
that unacceptability is an adequate basis for denial of the application regardless of other
merit of the application.
4. Action.
a. After an application is deemed adequate, the Planning Director or his designee
shall act to approve or deny the application within 10 working days, or
b. After the application is determined to be adequate for review, if the application
includes a request for a deviation or variance the City shall schedule the
application to be heard at the next available meeting of the City Commission
which allows for required public notice to be given, or
c. If the sign application is submitted in conjunction with a site plan or other
similar review then the review process and final review authority shall be
coordinated.
5. An applicant may appeal the denial of a permit request pursuant to the provisions of
Chapter 18.66, BMC.
18.52.180 MAINTENANCE OF PERMITTED SIGNS
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and
sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of
repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to
repair or remove the sign within fourteen calendar days after receiving written notice to do so from the
Planning Director. If the sign is not so repaired or removed within such time, the Planning Director
shall cause the sign to be removed at the expense of the owner of the premises.
Ordinance #1769.Effective January 30, 2010 page 52-11
18.52.190 NONCONFORMING SIGNS
A. The eventual elimination of existing signs that are not in conformity with the provisions of this
chapter is as important as the regulation of new signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
sign.
B. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted
signs under this chapter. Except as provided for in subsection C of this section, said sign, if
nonconforming with this chapter, may not be:
1. Replaced except with a conforming sign;
2. Changed in copy (except for signs specifically designed to be changed in copy, such as
readerboards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated.
C. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its
nonconformity (except as provided in subsection D below).
D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot are
brought into conformance with this chapter. Any site modification that requires a certificate of
appropriateness (except when the certificate of appropriates is solely for the purpose of placing
energy collection equipment), site plan review or reuse application will necessitate compliance
for all existing and proposed signage on the lot.
18.52.200 SUBSTITUTION
Any sign allowed under this chapter may contain, in lieu of any other message or copy, any lawful
noncommercial 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 chapter. 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.
18.52.200 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section or other part of this chapter is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this
title as a whole or any other part thereof.
Ordinance #1769.Effective January 30, 2010 page 52-12
Chapter 3 28
ADVERTISEMENT SPACE ON MUNICIPAL PROPERTY
Sections
3 28 010 Legislative Findings
3 28 020 Application
3 28 030 Advertising Standards
3 28 040 Exemption From Uniform Development Sign Code Provisions
3 28 010 Legislative Findings
The City Commission of the City of Bozeman Montana finds that
A The selling of advertisement space on municipal vehicles equipment solid waste
containers and other property will bring in needed revenue and will assist in
relieving the tax burden of Bozeman citizens
B The City of Bozeman has and will continue to have vehicles equipment solid waste
containers and other property suitable for advertisement space
C It is appropriate to sell advertisement space from time to time on specific municipal
property
D The vehicles equipment solid waste containers and other property to be used for
advertisement space are not public forums and therefore all advertisement will be
commercial in nature
E Limiting advertisement only to commercial advertisement maintains a position of
neutrality on political and religious issues protects municipal property from
vandalism and destruction prevents a reduction of income that occurs when
political and religious messages are utilized and prevents the violation of the
establishment clause
3 28 020 Application
A Any person seeking to commercially advertise on Bozeman property must submit
an application with the proposed advertisement to the City Manager for approval to
ensure compliance with this chapter and must enter into an agreement acceptable
to the City The term of the agreement shall not exceed one hundred eighty days
B The application must contain a full advertising graphic design in sufficient detail to
determine content and final general appearance including the scaled location of the
advertisement on the subject property
C The City Manager shall reject an application that is incomplete that does not comply
with the standards set forth in Section 3 28 030 or when there are no appropriate
advertising space available
3 28 030 Advertising Standards
A The subject matter of all advertisement shall be limited to speech that proposes a
commercial transaction
B Prohibited advertising copy and graphics
1 Advertisement that is unlawful or relates to illegal activity
2 Advertisement that is obscene or would be in violation of MCA Section
45 8 206 Public Display or Dissemination of Obscene Material to Minors
3 Advertising of alcohol or tobacco products
4 Advertising of commercial advertisements by political candidates for public
office and advertisements concerning ballot issues
111 39 10 2005
5Advertisingofcontraceptionproductsorhygieneproductsofanintimatepersonalnature6AdvertisingofproductsorserviceswithsexualovertonessuchasescortservicesorestablishmentsfeaturingXratedorpornographicmoviesorproducts7Advertisementthatdepictsviolenceandorantisocialbehavior8Advertisementthatisfalsemisleadingordeceptive9Advertisementusingthreateningobsceneprofanevulgarorabusivelanguage10Advertisementthatholdsupindividualsorgroupsofpeopletopublicridiculederisionorembarrassment11Advertisementthatsupportsoropposesacandidateissueorcauseorwhichadvocatesoropposesareligiondenominationreligiouscreedtenetorbelief12AdvertisementsmaynotbeplacedonparkortrailbenchesorpicnictablesthatcurrentlycontainInMemoriamplaques13NoadvertisementsshallbeplacedontheexteriorofanycityownedstructuresCTheapplicantandthebusinessorpersonrepresentedbytheapplicantmustbeincompliancewithallcityordinancesandlaws328040ExemptionFromUniformDevelopmentSignCodeProvisionsAnyadvertisementinstalledunderthischapterisexemptfromcomplyingwiththeprovisionsoftheUniformDevelopmentCodeUDCunderTitle18ofthiscoderelatingtosigns11140102005