HomeMy WebLinkAboutA2. Prov Ordinance 1910Page 1 of 10
Z15036, Staff Report for the Ghost Sign Municipal Code Text Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Date: Zoning Commission public hearing Tuesday, April 7, 2015
Public Hearing Date: City Commission public hearing Monday, April 20, 2015
Project Description: A text amendment of the Bozeman Municipal Code to add a new
definition Section 38.42.1215-Ghost Sign, and to revise Sections 38.28.050-Signs
exempt from permit requirements, 38.28.060-Signs permitted upon the issuance of a
sign permit, 38.28.150-Billboards and other off-premise advertising, and 38.28.190-
Maintenance of permitted signs, to exempt “ghost signs” from Bozeman sign permit
requirements.
Project Location: Applicable throughout the entire corporate limit of Bozeman as it exists
now and as it evolves through annexation over time, and applies to all properties
Recommendation: Approval
Recommended Motion: Having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information
presented, I hereby adopt the findings presented in the staff report for application no.
Z15036 and move to provisionally adopt Ordinance 1910, the Ghost Sign Municipal
Code text amendment.
Report Date: Wednesday, April 15, 2015
Staff Contact: Allyson B. Brekke, AICP; Associate Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
This municipal code text amendment application proposes to add a new definition Section
38.42.1215-Ghost Sign, and to revise Sections 38.28.050-Signs exempt from permit
requirements, 38.28.060-Signs permitted upon the issuance of a sign permit, 38.28.150-
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Billboards and other off-premise advertising, and 38.28.190-Maintenance of permitted signs,
to exempt “ghost signs” from Bozeman sign permit requirements.
The City of Bozeman has adopted regulations controlling the size, location, type, 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. It is now determined by the City
that the purposes of such sign regulations are not furthered by regulating “ghost signs” that
existed prior to the City’s adoption of sign regulations. This application is a result of this
determination by the City.
The addition of a “ghost sign” definition recognizes and defines a specific sign type that
exists on some buildings and structures within the Bozeman community. The exemption of
this sign type from sign permit requirements will allow them to remain as is on a building
and structure, or to be preserved or rehabilitated, without the need to include them as
regulated signage that is counted toward maximum sign areas of Table 38.28.060. The new
language added to the billboard and off-premises advertising description recognizes the
exception of “ghost signs.” The new language added to the maintenance requirements of
permitted signs recognizes the exception of “ghost signs.”
A detailed project description and background can be found in Appendix B.
Public noticing and public comment received can be found in Appendix C.
Alternatives
Alternatives for Commission action are:
1) Adopt the amendments as proposed by Staff,
2) Adopt the amendments with revisions, or
3) Do not adopt the amendments and leave the municipal code language as it exists.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ........................................................................................................................... 1
Project Summary ............................................................................................................................. 1
Alternatives ..................................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 3
SECTION 2 - STAFF ANALYSIS AND FINDINGS .................................................................. 4
Section 76-2-304, MCA (Zoning) Criteria ..................................................................................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................. 7
APPENDIX A –AFFECTED ZONING PROVISIONS ................................................................. 7
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND...................... 8
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................... 9
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................... 9
FISCAL EFFECTS ......................................................................................................................... 9
ATTACHMENTS ........................................................................................................................... 9
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Ghost Sign Text Amendment
File No.: Z15036
Having considered the criteria established for a municipal code amendment, the Community
Development Staff recommends the approval of the amendment as proposed.
The Zoning Commission held a public hearing on this text amendment on April 7, 2015. No
public comment was received during the public hearing.
In conclusion, the Zoning Commission voted unanimously (4:0) to recommend that the City
Commission adopt the proposed text amendment. The video archive of the meeting can be
viewed here.
The City Commission will hold a public hearing on the text of the amendment and provisional
adoption of Ordinance 1910 on April 20, 2015.
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SECTION 2 – PICTURE EXHIBITS
Gallatin Drug Co. ghost signage at 35 E. Main Street, historic Story Block (now
Schnees/Powderhorn).
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Montana Motor Supply ghost signs at 23 W. Babcock Street (now the location of Architect’s Wife).
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SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following:
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. An underlying principle of the Bozeman Community Plan is responsible conservation of
the heritage of the built environment which includes the existing ghost signs painted on
buildings.
Additionally, the Plan includes Goal G-1: Growth Management, which states: “Promote the
unique history and character of Bozeman by preserving, protecting, and enhancing the
overall quality of life within the planning area.” Ghost signs demonstrate the unique history
and character of Bozeman’s community.
Further under this goal, the Plan includes Objective G-2.4, which states: “Develop a balanced
system of regulatory requirements, programs, and incentives to ensure that development
within the Planning Area is in compliance with the Bozeman Community Plan.” Allowing
ghost signs to remain on buildings without the requirement of a sign permit helps to balance
regulatory sign requirements.
B. Secure safety from fire and other dangers.
Neutral. The proposed amendments do not affect this criterion.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendments do not change the breadth of tools available to the City in
identifying and mitigating risk from land use and development. Additionally, the proposed
amendment does allow for the removal of a ghost sign if it is found to endanger public health
and safety and general welfare.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. The proposed amendments do not affect this criterion.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendments do not affect this criterion.
F. The effect on motorized and non-motorized transportation systems.
Neutral. No changes to transportation standards are proposed.
G. Promotion of compatible urban growth.
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Yes. The conservation of ghost signs encourages the redevelopment of existing buildings
within the community, which also helps with infill redevelopment, both promoting
compatible urban growth while supporting the ability of the City to expand.
H. Character of the district.
Neutral. The proposed amendments do not make material changes to the character of the
established zoning districts. The existing districts already allow ghost signs to remain on
buildings when there is adequate sign square footage available. Since by the definition of
ghost sign the image must have been present for many years it has become part of the
character of the district and preserving it respects the character of the district.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments do not make material changes to land uses. The more
intensive uses are still reserved for appropriate zoning districts.
J. Conserving the value of buildings.
Yes. The proposed amendments do support the conservation of the heritage of the built
environment which includes the existing ghost signs painted on buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed amendments do not make material changes to the zoning districts.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A –AFFECTED ZONING PROVISIONS
Zoning Designation and Land Uses:
This amendment creates a definition of “Ghost Sign” that will be added to Section
38.42.1215 of the Unified Development Code. A definition of “Ghost Sign” does not currently
exist.
This amendment will exempt ghost signs from all sign permit regulations, including the
requirement to count existing ghost sign square footage within the sign areas of Table 38.28.060.
Additionally, this amendment will create exceptions for ghost signs as they pertain to off-
premises advertising. Lastly, this amendment will allow ghost signs to remain on a building
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without the need for ongoing maintenance and repair unless it is determined the ghost sign
endangers public health and safety and general welfare.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
This municipal code text amendment application proposes to add a new definition Section
38.42.1215-Ghost Sign, and to revise Sections 38.28.050-Signs exempt from permit
requirements, 38.28.060-Signs permitted upon the issuance of a sign permit, 38.28.150-
Billboards and other off-premise advertising, and 38.28.190-Maintenance of permitted signs, to
exempt “ghost signs” from Bozeman sign permit requirements.
The addition of a “ghost sign” definition recognizes and defines a specific sign type that exists
on some buildings and structures within the Bozeman community. The exemption of this sign
type from sign permit requirements will allow them to remain as is on a building and structure,
or to be preserved or rehabilitated, without the need to include them as regulated signage that is
counted toward maximum sign areas of Table 38.28.060. The new language added to the
billboard and off-premises advertising description recognizes the exception of “ghost signs.”
The new language added to the maintenance requirements of permitted signs recognizes the
exception of “ghost signs.”
Project Background
The City of Bozeman has adopted regulations controlling the size, location, type, 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. It is now determined by the City that
the purposes of such sign regulations are not furthered by regulating “ghost signs” that existed
prior to the City’s adoption of sign regulations. This application is a result of this determination
by the City.
A recent sign permit application was considered by the City for a building with existing “ghost
signs.” The large square footage of these signs had to be considered a part of the maximum sign
areas of Table 38.28.060, essentially eliminating the ability for any new signage to be added to
the building. This created a disincentive for redevelopment of the building by the new property
and business owners. The only existing tools available to owners to exceed sign area maximums
are a historic sign designation (which generally would only include signs that demonstrated
historic significance for the community) or a zoning variance request. Both require City
Commission review and approval which typically involves higher application fees and review
time that can be seen as a disincentive to redevelopment.
The proposed amendments ensure that the City continues to reasonably regulate the majority of
signs and sign structures that are proposed, but allowing an exception to a small subcategory of
sign type that pre-existed current sign regulations. This exception continues to reasonably
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regulate other health, safety and welfare concerns while promoting compatible urban growth and
supporting the ability of the City to expand.
APPENDIX C – NOTICING AND PUBLIC COMMENT
The notice was submitted Wednesday, March 19, 2015 for publication as a legal ad on Sundays,
March 22 and 29, 2015. Copy of the notice is also included on the City’s website.
Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission
public hearing on Tuesday, April 7, 2015 and the City Commission public hearing on Monday,
April 20, 2015.
As this Ghost Sign Municipal Code Text Amendment applies to the entire corporate limits of
Bozeman as it exists now and evolves over time through annexation, and it applies to all
properties, there is no requirement for posting specific properties.
One letter of public comment was received from Chris Naumann, Executive Director of the
Downtown Bozeman Partnership. His comment was about the ability to rehabilitate, or repaint,
a ghost sign and asked if the intent of the amendments was to allow the ghost signs remain as
“ghosts” or to be “brought back to life.” In response, Staff believes the intent of the proposed
text amendment is to allow property and business owners the choice of leaving as is, preserving
or rehabilitating ghost signs without the need to undergo further sign regulation. The profession
literature shows either alternative being pursued by communities with approximately equal
frequency.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development
Report By: Allyson B. Brekke, AICP; Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this text amendment.
ATTACHMENTS
• Ordinance No. 1910 which includes amended text
• Public Comment
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The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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Ordinance 1910, Amending Chapter 38 Page 1 of 4
ORDINANCE NO. 1910
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO
AMEND CHAPTER 38, ARTICLE 28 OF THE BOZEMAN MUNICIPAL CODE TO EXEMPT
“GHOST SIGNS” FROM SIGN PERMIT REQUIREMENTS.
WHEREAS, the City of Bozeman (the “City”) has adopted 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 City has adopted regulations controlling the size, location, type, 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; and
WHEREAS, the City has determined that the purposes of such sign regulations are not furthered
by regulating the “ghost signs” that existed prior to the adoption of sign regulations by the City;
NOW THERFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
That the Bozeman Municipal Code be amended by adding Section 38.42.1215 to read as follows:
Sec. 38.42.1215. – Ghost Sign.
A wall sign painted on the exterior wall of a building prior to June 22, 1997 and which advertises a
business, product or service no longer found at that location or an expired political campaign.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.28.050.A.3 to add a new subsection 3
with the remainder of the section to remain unaltered:
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Ordinance 1910, Amending Chapter 38 Page 2 of 4
Sec. 38.28.050. – Signs exempt from permit requirements.
A. The following signs shall be exempt from the permitting requirement but must comply with
applicable criteria for signs allowed by this article, except section 38.28.060.
3. All zones
c. Ghost signs. A ghost sign may be, but is not required to be, stabilized, rehabilitated or preserved to its
original condition, design and size. A ghost sign may not be altered in any way that changes its original
design, wording, or size.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.28.060.A to add a new subsection 6
with the remainder of the section to remain unchanged:
Sec. 38.28.060. - Signs permitted upon the issuance of a sign permit.
A. The following on-premises signs are permitted in the indicated zones subject to a sign permit:
6. Ghost signs as defined in Sec. 38.42.1215 do not apply toward the maximum sq. ft. sign areas of Table
38.28.060.
Section 4
That the Bozeman Municipal Code be amended by revising Section 38.28.150.A.1 to read as follows:
Sec. 38.28.150. - Billboards and other off-premises advertising.
A. Off-premises commercial advertising signs are not permitted within the city limits except as
permitted by state or federal law.
1. Exceptions: Off-premises signs may be placed on the interior of transit shelters reviewed and
approved by the city 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.
a. Transit shelters: Off-premises signs may be placed on the interior of transit shelters reviewed and
approved by the city 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
b. Ghost signs: Ghost signs are not considered to be off-premises signage.
Section 5
That the Bozeman Municipal Code be amended by revising Section 38.28.190 to read as follows:
Sec. 38.28.190. - Maintenance of permitted signs.
A. All signs shall be continuously maintained in a state of security, safety and repair. Abandoned
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Ordinance 1910, Amending Chapter 38 Page 3 of 4
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 14 calendar days after receiving written notice to do so from the city.
If the sign is not so repaired or removed within such time, the city shall cause the sign to be removed at
the expense of the owner of the premises.
1. Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required to
be removed, unless the City determines such action is necessary to protect the public health, safety and
general welfare.
Section 6
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 7
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.
Section 8
Severability. If any portion of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect
without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to
be severable.
Section 9
Codification. This ordinance shall be codified as appropriate in Chapter 38, Bozeman Municipal Code.
Section 10
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first
reading at a regular session thereof held on the 20th day of April, 2015.
_______________________
JEFFREY K. KRAUSS
Mayor
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Ordinance 1910, Amending Chapter 38 Page 4 of 4
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 ___ day of ________, 2015.
_______________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
______________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
______________________
GREG SULLIVAN
City Attorney
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Proposed Language for Ghost Sign ZCA Application - DRAFT
Section 1
That the Bozeman Municipal Code be amended by adding Section 38.42.1215 to read
as follows:
Sec. 38.42.1215. – Ghost Sign.
A wall sign painted on the exterior wall of a building prior to (add date of
sign ordinance) and which advertises an extinct business, product or service, or an
expired political campaign.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.28.050.A.3 to
read as follows with the remainder of the section to remain unaltered:
Sec. 38.28.050.A.3. –All zones.
c.Ghost signs.A ghost sign may be stabilized, rehabilitated or preserved to its
original condition, design and size without a sign permit.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.28.060.A to
read as follows with the remainder of the section to remain unchanged:
Sec. 38.28.060. - Signs permitted upon the issuance of a sign permit.
6. Ghost signs as defined in Sec. 38.42.1215 do not apply toward the maximum
allowed sign area of Table 38.28.060.
Section 4
That the Bozeman Municipal Code be amended by revising Section 38.28.150.A.1 to
read as follows:
Sec. 38.28.150. - Billboards and other off-premises advertising.
A. Off-premises commercial advertising signs are not permitted within the city limits except
as permitted by state or federal law.
1.Exceptions:Off-premises signs may be placed on the interior of transit shelters reviewed and approved by the city 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.
a. Transit shelters: Off-premises signs may be placed on the interior of transit
shelters reviewed and approved by the city and served by an active fixed route transit
Ghost signs.A ghost sign may be stabilized, rehabilitated or preserved to itsy be stabilized preservedgggy ,
original condition, design and size without a sign permit.without a si
1
2
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Summary of Comments on Z15036 Ghost Sign Revisions
DRAFT w CN comment.pdf
Page: 1
Number: 1 Author: Chris Naumann Subject: Highlight Date: 3/3/2015 3:52:07 PM -07'00'
Number: 2 Author: Chris Naumann Subject: Sticky Note Date: 3/3/2015 3:55:50 PM -07'00'
I interpret this to mean a "ghost sign" can be repainted...which really won't make it a ghost sign. Do "we" want them freshly, brightly painted or to be more "ghosting"? They could be stabilized and/or preserved without being repainted to their original contrast, saturation and vibrancy. Not sure what the intent is to let them be "ghosts" or allow for them to be "brought back to life"?
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Proposed Language for Ghost Sign ZCA Application - DRAFT
service. Signage within a transit shelter shall not distract drivers of vehicles nor be
legible from the driving lanes
b. Ghost signs: Ghost signs may remain on a building or may be stabilized,
rehabilitated or preserved to its original condition, design and size, and are not considered to be off-premises signage.
Section 5
That the Bozeman Municipal Code be amended by revising Section 38.28.190 to read
as follows:
Sec. 38.28.190. - Maintenance of permitted signs.
A.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 14 calendar days after receiving written notice to do so from the city. If the
sign is not so repaired or removed within such time, the city shall cause the sign to be
removed at the expense of the owner of the premises.
1.Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required to be removed.
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