HomeMy WebLinkAboutC5. Final Adoption 1910
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Brekke, Associate Planner
Wendy Thomas, Community Development Director
SUBJECT: Final adoption of Ordinance 1910, a text amendment of the Bozeman
Municipal Code to revise provisions relating to ghost signs and related regulations of such signage. Application number Z15036.
MEETING DATE: May 4, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1910, the Ghost Sign Municipal Code
text amendment.
RECOMMENDED MOTION: Should the Commission remove this item from the consent
agenda the following motion is recommended: “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 final adoption of Ordinance 1910, the Ghost Sign Municipal Code text amendment.”
BACKGROUND: The City Commission held a public hearing on April 20, 2015 and
provisionally adopted Ordinance 1910. The ordinance 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.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified Attachments: Ordinance 1910
Report compiled on April 24, 2015
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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:
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.
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Ordinance 1910, Exempting Ghost Signs
Page 2 of 4
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
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.
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Ordinance 1910, Exempting Ghost Signs
Page 3 of 4
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 KRAUSS
Mayor
ATTEST:
______________________
STACY ULMEN, CMC
City Clerk
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Ordinance 1910, Exempting Ghost Signs
Page 4 of 4
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 4th day of May, 2015.
_______________________
JEFFREY KRAUSS
Mayor
ATTEST:
______________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
______________________
GREG SULLIVAN
City Attorney
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