Loading...
HomeMy WebLinkAboutFinally Adopt Ordinance 1875, BMC 38.28.060 and 38.28.200 sign standards Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Community Development Director SUBJECT: Final adoption of Ordinance 1875, A text amendment to Sections 38.28.060 and 38.28.200, BMC, to revise formatting for non-residential sign standards, to revise calculations for multiple frontage buildings, and to revise the non-conforming sign provisions. File number Z13246. MEETING DATE: January 13, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1875 BACKGROUND: The North 7th Urban Renewal Board submitted a letter to the City Commission on October 7, 2013 requesting three changes to the City’s sign regulations. The City Commission directed staff to prepare and amendment for consideration by the public. Staff prepared a group of amendments which addressed two of the specific requested changes as well as other improvements to the text. This proposed ordinance will: 1) Reorganize Section 38.28.060.A to consolidate multiple paragraphs of text into a table for easier comparison of standards between non-residential districts and provide cross references; 2) Amend 38.28.060.A to modify how commercial sign area is calculated by: a) Allow calculation of sign area based on building frontage as defined in Section 38.42.430 without regard to determination of a primary or secondary frontage. This will have the effect of allowing an increased amount of sign area which will still be limited by the maximum amount allowed in each district. b) Replacing a calculation of a percentage of building frontage for placement of parking as it relates to sign area and substitute a direct ratio of additional sign area in the initial sign calculation. c) Make provision for more than one projecting sign per tenant. d) Revise sign calculations for residential-office district residential uses to allow a larger amount of sign area. 3) Renumber 38.28.060 to provide additional clarity of topic and organization. 4) Clarify application of sign permitting processes to residential zones. 5) Revise the provisions for non-conforming signs, Section 38.28.200, to: a) Clarify the intent of the nonconforming sign provisions. b) Renumber the section’s paragraphs to improve clarify of topic and organization. 15 c) Clarify when non-conforming signs must become conforming in relationship to development review of the site where the sign is located. A site being reviewed under the provisions for Special Temporary Use Permit, Sketch Plan, or Certificate of Appropriateness, Amendments to Plans, or Change in Use/Further Development do not require non-conforming signs to be removed but any new signs must be compliant to municipal code. d) Create specific exceptions from the requirement to make a sign conforming when changes to the sign are required due to certain governmental actions. The City Commission conducted a public hearing and granted provisional adoption on December 16, 2013. UNRESOLVED ISSUES: None ALTERNATIVES: 1) As directed by the City Commission FISCAL EFFECTS: None identified. Attachments: Ordinance 1875, Report compiled on: December 19, 2013 16 ORDINANCE NO. 1875 Page 1 of 9 ORDINANCE NO. 1875 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND ARTICLE 38.28 SIGNS, OF THE BOZEMAN MUNICIPAL CODE, TO REVISE FORMATTING FOR NON-RESIDENTIAL SIGN STANDARDS, TO REVISE CALCULATIONS FOR MULTIPLE FRONTAGE BUILDINGS, AND TO REVISE THE NON-CONFORMING SIGN PROVISIONS. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, The public is benefited by periodic evaluation of the relationship between adopted zoning standards and the purposes for which they were adopted in relation to the circumstances existing in the community; and WHEREAS, The City Commission has determined that the eventual elimination of existing signs that are not in conformity with the provisions of this article is as important as the regulation of new signs; and WHEREAS, Equitable application and readily understandable standards are important for the public benefit; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. There is an advantage to making regulations as clear and readily understood as possible; 2. The community need for a particular regulation will vary over time and therefore it is appropriate to reevaluate the adopted standards from time to time; 3. The City has adopted urban renewal districts and taken other actions to make redevelopment and reinvestment in existing commercial and industrial areas a community priority; and 4. The City Commission wishes to balance the interests of current sign owners who have acted to comply with existing regulations with potential future sign owners who may benefit from revised regulations. 17 ORDINANCE NO. 1875 Page 2 of 9 Section 2 That the Bozeman Municipal Code be amended by revising section 38.28.060, Signs permitted upon the issuance of a sign permit, to read as follows: A. The following on-premises signs are permitted in the indicated zones subject to a sign permit: Table 38.28.060 Non-Residential Sign Standards Zoning District B-1 B-2 B-3 UMU M-1 M-2 Maximum sq ft Area 80 per building 400 per lot 250 per lot 250 per lot 250 per lot 250 per lot Allowed sq ft sign area per linear foot of building frontage first 25 feet 1.5 or 21 2 or 31 2 2 or 31 2 or 31 2 or 31 Allowed sq ft sign area per linear foot of building frontage > 25 feet 1 1.5 1.5 1.5 1.5 1.5 Monument max size sq ft 32 32 32 32 32 32 Monument max height 5’ 5’ 5’ 5’ 5’ 5’ Monument setback 5’ 5’ 5’ 5’ 5’ 5’ Pole Style Max Height Prohibited 13’ 13’ 13’ 13’ 13’ Pole Style setback Prohibited 15’ 15’ 15’ 15’ 15’ Pole Style Clearance Prohibited 8’ 8’ 8’ 8’ 8’ Projecting sign max area 8’ 8’ 12’ 8’ 8’ 8’ Projecting sign max distance 4’ 4’ 6’ 4’ 4’ 4’ Rotating sign max area 2.5 sq ft 2.5 sq ft 2.5 sq ft 2.5 sq ft Prohibited Prohibited Non-Residential Uses Zoning District BP PLI HMU REMU RO Maximum sq ft Area 250 per lot 250 per lot 250 per lot 250 per lot 80 per building Allowed sq ft sign area per linear foot of building frontage first 25 feet 2 or 31 2 or 31 2 or 31 2 or 31 1 or 1.251 Allowed sq ft sign area per linear foot of building frontage > 25 feet 1.5 1.5 1.5 1.5 0.5 18 ORDINANCE NO. 1875 Page 3 of 9 Monument max size sq ft 32 32 32 32 12 Monument max height 5’ 5’ 5’ 5’ 5’ Monument setback 5’ 5’ 5’ 5’ 5’ Pole Style Max Height 13’ 13’ 13’ 13’ Prohibited Pole Style setback 15’ 15’ 15’ 15’ Prohibited Pole Style Clearance 8’ 8’ 8’ 8’ Prohibited Projecting sign max area 8’ 8’ 8’ 8’ 8’ Projecting sign max distance 4’ 4’ 4’ 4’ 4’ Rotating sign max area Prohibited Prohibited 2.5 sq ft Prohibited Prohibited 1 The larger value of the two listed applies when a building is located on a lot such that there is no parking or other vehicular use area between the building facade and the street right-of-way or between the building facade and a public pedestrian right of way adjacent to a street. 1. Commercial, manufacturing, and public land zones (B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed-use, nonresidential]). A lot in a B-2 district is permitted total signage not to exceed 400 square feet. The 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 or buildings consisting of two or more tenant spaces on a lot and shall be designed in accordance with section 38.28.080. 2 a. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in Section 38.42.1670. The maximum area for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set back a minimum of five feet with a maximum height of five 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 eight-foot minimum vertical clearance from the ground. Sign area used for free standing signs is counted towards the maximum allowed sign area. 3 b. Wall signs. Wall signs are not to exceed a total signage allowance of two square feet for the first 25 linear feet of building frontage and 1.5 square feet per linear foot of building frontage thereafter, minus any area devoted to freestanding or projecting signs. When a building is located on its lot such that there is no parking between the building facade with the primary entrance and the street right-of-way line and there is parking located to the side of the building, then 35 percent of the side length of the building may be used to calculate building frontage. 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. The additional sign area shall be applied to the side of the building from which the 35 19 ORDINANCE NO. 1875 Page 4 of 9 percent calculation was made. Regardless of the allowance for additional area the maximum area shall not exceed the amount allowed for the district. a. Regardless of the allowance for additional area the maximum area shall not exceed the amount allowed for the district. b. Lots fronting on two or more streets shall be permitted sign area for each building frontage. c. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. 4 c. Projecting signs. One projecting sign per tenant, unless otherwise approved through a comprehensive sign plan. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. In the B-3 district, projecting signs shall not exceed 12 square feet in area nor extend more than six feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight feet. a .(1) In the B-2, B-3, HMU, and UMU districts a projecting sign may include, either as part of a larger sign or as the entire sign, a revolving sign with not more than 2.5 square feet of sign area. A rotating sign located within the building does not need to provide the minimum sidewalk clearance height. A rotating sign shall not exceed a rotational speed of one full rotation in two seconds. Signs exceeding this limit shall be classified as a flashing sign. 2. 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 nonresidentially planned R-O district., the The maximum allowable total signage for a lot with two or more buildings shall not exceed 80 square feet per building in a B-1 district or nonresidentially planned R-O district and 32 square feet in a residentially planned R-O district. The maximum sign area per user on a zoned lot as defined in Section 38.42.1670 shall not exceed 80 square feet. 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. a. 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 five feet and a maximum height of five feet. Pole-style freestanding signs are not permitted in the B-1 and R-O zones. b. Wall signs. Wall signs in the B-1 district are not to exceed a total signage allowance of 1.5 square feet per linear foot for the first 25 linear feet of building frontage and one square foot per linear foot of building frontage thereafter, 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 20 ORDINANCE NO. 1875 Page 5 of 9 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. (1) When a building is located on its lot such that there is no parking between the building facade with the primary entrance and the street right-of-way line and there is parking located to the side of the building then 35 percent of the side length of the building may be used to calculate building frontage. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. (2) 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. The additional sign area shall be applied to the side of the building from which the 35 percent calculation was made. Regardless of the allowance for additional area the maximum area shall not exceed the amount allowed for the district. c. Projecting signs. One projecting sign per tenant. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight feet. (1) In the B-1 district a projecting sign may include, either as part of a larger sign or as the entire sign, a revolving sign with not more than 2.5 square feet of sign area. A rotating sign located within the building does not need to provide the minimum sidewalk clearance height. A rotating sign shall not exceed a rotational speed of one full rotation in two seconds. Signs exceeding this limit shall be classified as a flashing sign. d. 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 five feet in height from the finished grade. The sign must be setback at least five feet from the property line. 5 e. Residential building identification signs. For properties used for multihousehold residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area. B 3. Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, R-O, REMU).The following on- premises signs are permitted in the indicated zones subject to a sign permit. 1 a. Subdivision and residential complex identification signs. For residential subdivisions consisting of more than four residential units and for residential complexes with more than four residential units and more than one building, one low profile, freestanding, neighborhood identification sign per development entrance is allowed. Each sign shall not exceed 16 square feet in area or five feet in height from the finished grade. The sign must be setback at least five feet from the property line. 21 ORDINANCE NO. 1875 Page 6 of 9 2 b. Residential building identification signs. For properties used for multihousehold residential buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area. 3 c. Signs appurtenant to residential principal and conditional uses and home occupations. a. (1) Principal residential uses and home occupations shall be permitted commercial message signage not to exceed four square feet in area and shall not be located in any required setback area. In addition, home occupations shall be permitted one square foot signs on a mailbox or lamppost or 1.5 square feet of freestanding signage located a minimum of five feet from the property line. b. (2) Principal residential uses shall be permitted noncommercial speech signs which do not exceed 30 square feet in area nor five feet in height. Such sign must be setback at least 15 feet from the property line. c. (3) 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 d. 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. C 4. Special districts and zones. The guidelines for the underlying zoning districts apply unless otherwise addressed below: 1 a. 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. 2 b. 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. Signage may exceed the underlying zoning district limitations by up to 20 percent upon review and approval of a deviation by the review authority, after receiving the recommendation of the appropriate design review advisory body, and upon receipt of a certificate of appropriateness. 3 c. Interchange zone. Signage may exceed the maximum total sign area permitted by 38.28.060.A by up to 25 percent upon review and approval of a deviation by the review 22 ORDINANCE NO. 1875 Page 7 of 9 authority, 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. (1) 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 five feet with a maximum height of eight feet. b. (2) Pole-style signs. A pole-style freestanding sign shall be set back a minimum of 15 feet and will maintain at least an eight-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 two feet said sign is set back from 15 feet beyond the street right-of-way, the height measured at grade may be increased one foot, not to exceed a total of 32 feet, and the area may be increased by 2.5 square feet for every two feet that said sign is set back 15 feet beyond the street right-of-way up to a maximum of 120 square feet. 4 d. Main Street historic district. Downtown (B-3). Permits for signs that encroach into the public right-of-way shall be obtained in accordance with chapter 34, article 5 of the Municipal Code. Section 3 That the Bozeman Municipal Code be amended by revising section 38.28.200 to read as follows: A. The intent of this section is to eliminate The eventual elimination of existing signs that are not in conformity with the provisions of this article is as important as the regulation of new signs. B. Except as otherwise provided herein within this section, the owner of any zone lot or other premises on which exists a sign exists that does not conform with the requirements of this article and for which there is no prior, valid sign permit shall remove such sign. C B. All signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs under this article. Except as provided for in subsection CD of this section, said sign, if nonconforming with this article, 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 except as allowed below. 23 ORDINANCE NO. 1875 Page 8 of 9 D 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 DE of this section). E D. Any lot with a nonconforming sign may not add, additional relocate, or replace signage, except as provided below, until all signs on the lot are brought into conformance with this article. The exceptions listed below do not apply to off-premise signs. 1. Any site modification reviewed only as a permit type described in 38.19.060, 38.19.070, 38.19.080, 38.19.130, or 38.19.140. 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. 2. A sign legally permitted prior to June 22, 1997 which must be relocated due to a physical alteration to or expansion of a public right of way. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 24 ORDINANCE NO. 1875 Page 9 of 9 Section 7 Codification. This Ordinance shall be codified as indicated in Section 2 – 3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 16th day of December 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 13th day of January, 2014. The effective date of this ordinance is February 12, 2014. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 25