HomeMy WebLinkAboutOrdinance 14- 1875 Amendment to Article 38.28 Signs Co.
ORDINANCE NO. 1.875
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 I
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.
ORDINANCE NO. 1875
Page I 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 39.29.060 Non-Residential Sign Standards
Zoning District B-1 B-2 B-3 UMU M-1 M-2
Maximum sq R Area 80 mr 400 per 250 per 250 per lot 250 per 250 per
building lot lot lot lot
2 11
Allowed sq ft sign area per 1.5 or 21 or 3 2 or 3 Z or.5 1 2 or 31
linear foot of building frontag
first 25 feet
Allowed sq ft sin area per 1 1.5 1.5 1.5 1.5 1.5
linear foot of building,frontage
>25 feet
Monument max size sq ft 32 32 32 32 32 32
Monument max height 5' 51 5' 5' 51 51
Monument setback 51 51 5' 5' 5' 51
Pale Max Height Prohibited 13' 13' 13' 13' 13'
Pole Style setback Prohibited 151 15' 15' 15, 15,
Pole Style Clearance Prohibited 8a 8 81 8' 8
Projecting..sign max area 8' 81 12' 81 85 8
Projecting sign max distance 4' 41 6' 47 41 43
Rotating sign max area 2.5 sq ft 2.5 sq ft 2.5 sq ft 25s ft Prohibited Prohibited
Non-Residential Uses
Zoning District BP PLI HMU REMU RD
Maximum sq ft Area 250 Apr 250 per 250 aver 250 per lot 80 per
lot lot lot building
1
Allowed sq ft sign area per 2 or 3' 2 or 3 for 3 2 or 3 1 or
linear foot of building frontage 1.25'
first 25 feet
Allowed s-q ft sign area per 1.5 1.5 1.5 1.5 0.5
linear foot of building ftontage
>25 feet
ORDINANCE NO. 1875
Page 2 of 9
Monument max size sq ft 32 32 32 32 12
Monument max height 5' S' S 5' S'
Monument setback 5' S' S' 5 5'
Pole St e 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' 1 4' 4' 4=
Rotating sign max area Prohibited Prohibited 1 2,.5 sq 1't Prohibited Ptt�h bited
r The larger value of the two listed a lies 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. , ,
BA, AU, HMV, REAW Miked . ,
..et to emeeed 400 square feet. The maximum allowable Iota! sigiiage iii the athef
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 maximurn area for a freestanding sign shall be 32 square feet. A 1
pr-efile freestanding sign shall be set baek a ffiinifntffii of five feet with a maximum heigM Of fiV
fiaE,4. A pole style ffeeslanding sign shall be set baek a minimtim of -1-5 f�apl with ;4 vpA*i;�A4
heigh4 of 13 The pele style sign -,N4!1 maiiiAaifi at least an eight foot minimum VeFlical
c r-anee—frem the gfetin . Sin area used for free standing signs is counted towards the
maximum allowed si n area.
3 b. Wall signs.
feet fef the first 25 lineaf feet ef biAlding ftenlage aiid 1.5 sqttare feet per- lineaf fbe! of build'
4efftage ther-eafter-, mintis any afea devoted to 4eesianding or-pr-ejeeiing signs. When a building
erAfa-nee afid the stfeet right of way line and thefe is par-king leea4ed to the side of the buildiflf"
then 35 pefeetA ef the side length of the btii1ding ffiay be used to ealetilate building ftenta
Canopy, windew and---... —g— shall be elassified as wall signs. Wall sigiis shall not pfej
above the top of a wall ef pafapei. Lets &afAing eii Vy�,e ef mefe streets shall be pen:nit4ed afl
additiena4 35 pefeent of the alfeady pefmitted wall sign area for- eaeh stibseqiiei4 building
4eatage. The additional sign area shall be applied to the side of the building f�em whieh the 3:5
ORDINANCE NO. 1875
Page 3 of 9
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 sin area for each buildin
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-p. Projecting signs. One projecting sign per tenant, unless otherwise approved
through a comprehensive sign plan.
extend raefe than fetif fee! ffem the building. in the B 3 disifiel,pfE�eeting sigiis shall fie! exeeed
12 squar-e feet 41 area nof extend more 4tan si�E feet from the buildin Projecting signs shall
provide a minimum sidewalk clearance of eight feet,
L-. In the , , and UMU 5
eithef as paA of a lat:gef sign of as the ei4ir-e sign, a fevelving sign vAth not more than 2.5 square
feet of s;g.., 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-qJfice zone-s (B , . The maximum aliewable total signage for a
.,
zoned let as defitied in Sec4ian 38.42.167-0 shall nel exeeed 90 squafe feet. A eanVr-ehensi
sign plan is required for- all eammet-eial eeR4ei:s eensislitig eft-A,e of Faefe tenant spaees on a let.,
Sueh plans shall be Elesigned in aeeer-danee with this seefieff,
a. Ligiv jqi-ejWe fi-eesi6wding signs. One low profile sign nal te exeeed 32 square
, the lew profile sign shall ha�ve a ffifini'mum setbaek of five feet and a
height of five feet. Pole style freestanding �sigiis are iial pemi4ed in the B I and R 0 zefies.
allowanee of 1.5 sq�we feet per- linear feet fer- the fii:st 25 lineaT- feet ef building ftopAage and
one square foot per- linear feet of „building ffentage thereaftef, minus any area devoted 16-
allw,vainee of 0,5 ef a squafe feet per- lineaf feet of building 4onlage ffiitiiis aiiy afea develed to
ORDINANCE NO. 1 375
Page 4 of 9
fteestanding aiid/af pfejeeting signs. Canopy, window -nd awfling signs shall be elassified as
wall siens, Wall siens shall net pr-eJeet above the lep of a wall or parapet
�D When a biiildifig is leeated on its lot sueh tkM !here is ne parking between t
btAding facade with the pr-imar-y enifanee and the street rigl:A of way line and there is par-king
loeated to the side of the Wilding !hen 35 pereent ef the side length of the building fna), be used
to ealeulate building . Gaiiepy,
area.signs. Wall signs shall not pr-ojeet"eve the tep ef a wall or-pafapet.
the aly-eady pefffiil4ed 2-A,all sign area for- eaeh subsequent Wilding ffentage. The additional sign
afea shall be applied to the side ef the Wilding ffeffi whieh the 35 per-eent ealeulatianvves niade.
allowed for the distria.
e. Pre'ee ing sigq9s. One pr-ejeeting sign per-lenan4. Pfejeefing signs shall net e�ceee
eig14 squafe feet in area neF extend iner-e than fi3uf feet fiem the building. Pr-ejeeling signs sha]4
—as 4--e- entire sign, a revelving sign with not mefe than 2.5 sqtiafe feet of sign sign leeated within the building dees not need te py-evide the fninimiim sidewalk elear-a
heig14, A retating sign shall ne! exeeed a Fetational speed of ene flill rotation in two seconds-.
Signs exeeeding this lifnit shall be elassified as a flashing sig137.
than four fesidential
units, one lew profile, fieestanding, sign -P
development efttfanee is allowed. Eaeh sign shall net eiweed 16 square feet in area or- five feet in
height ffem the finished gfade. The sign must be s4baek M least Ave feet from the property ii
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-I, R-2, R-3, R-4, R H, R-0, REMU).The following on-
remises signs are permitted in the indicated zones.subject to a sin permit.
I 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.
ORDINANCE NO. 1875
Page 5 of 9
2 b. Residential building identification signs. For properties used for multihouschold
residential buildings, one residential identification wall sign per street frontage. Each sign shall
not exceed eight square feet in area.
1-e. Signs appurtenant to residential principal and conditional uses and home
occupations.
q. (4) 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.
L(21) 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.
si-- M 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-0. Such signs may
only be illuminated during the hours of operation.
4 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-I 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-e. 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
ORDINANCE NO. 1875
Page 6 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,
gJl-) 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.
L(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 Streei his.erie di6o 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 evei4tial elimiiie4ien 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_9. 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 GQ 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.
ORDINANCE NO. 1875
Pale 7 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 E of this seetiel�.
E_44. 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.
L Any site modification reviewed only as a permit !yve described in 38.19.060,
38,19.070, 38.19.080, 38.19,130, or 38,19.140. eei4ifieate of appfapfiateaess (emeept
when the eeFtifieaw of appi:epfia4es is selely fef the P�"ese ef plaeifig eiiefff ealleeti
equipment), site plan feview or- reuse applieatien will neeessita4e eemplianee fef all existing and
proposed signage on the lot.
I 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.
ORDINANCE NO. 1.875
Page 8 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 16"' day of December 2013,
SEAN X. hECKEIZ
Mayor
A,TTE 'T"
S, E XXVI.,
citVQ'I rk
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.
JEFF AUSS
yfMa.,
0
ATTE§ B
ST Vy I fk-cmc"
APPR VIED.AS TO FORM:
(ARE " SULLIVAN
City Ationicy
ORDINANCE NO, 1875
Page 9 of 9