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HomeMy WebLinkAboutOrdinance 55- 786, Regulates Signs, Billboards, Etc llauaaIad by OrdinancB No. ?~~_ 385 ~~~~ 786 -rt1: ($V'f;P / ..~., ORDINANCE NO. 7fitJ:/ - C.J,h< AN ORDINANCE REGillJATING STGNS, BILLBOARDS, MARQUEES, CANOPIES, A\~~INGS, /' .J' .--" AND STREET CLOCKS: AUTHORIZING THE CITY BUILDING INSPECTOR TO ISSUE PERMITS .- THEREFOR: PROVIDING FOR gNFORCEMENT: AND PRESCRIBING PENAI,rrIES FOR THE VIO- .... LATION OF ITS PROVISIO~S. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: SECTION I. SHORT TITLE. This ordinance shall hereafter be known and cited os the I ~ign Ordinance". SECTION II. DEFINITIONS. I) The term "Sign" shall mean and include every sign, bill- board, ground sign, wall sign, roof sign, llumrninated sigti, projecting sign, temporaory sign, marquee, awning, canopy, and street clock, and shall include any announcement, declar- ation, demonstration, display illustration or insignia used to advertise or promote the interests of any person when the same is placed out of doors in view of the general Dublle. 2) "Illuminated Sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. 3) "Bacing" or "Surface" shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. L~ ) "Incombustible Material" shall mean any ~aterial which will not ignite at or below a temperature of 1200o Fahrenheit and will not continue to burn or glow at that temperature. . 5) "Other Advertising Structure" as used in this Ordinance shall mean any marquee, canopy, awning or street clock as further defined herein. 6) "Person" shall mean and include any person, firm,partnership, association, corpor- I a t ion, company or organization of any kind. 7) "Struc':ural Trim" shall mean the molding, battens, caopings, nailing strips, lattic- ing, and platforms which are attached to the sign structure. S) "Erect" shall mean to build, construct, attach, hani, place, suspend, or affix, and shall also include the painting of wall signs. 9) "Building Inspector" is the Building Inspector of the City of Bozeman. 10) "City" is the Clty of Bozeman SECTION III. PERMITS REQUIRED. It shall be unlawful for any person to erect, repair, alter, re10cate or maintain within the City of Bozeman any sign or other advertising struc- ture as defined in this ordinance, without first obtaining an erection permit from the Building Inspector and making payment of tIle fee required by Section VII hereof. The appli- cation for such erection permit shall contain a signed statement by the applicant that if said permit is granted by the City and in consideration of the granting by the City of the same, the applicant-permittee agrees to hold the said City free and harmless of and from any liability, claim or demand ariSing out of the applicant-permittee's erection,mainte- I nance and use of said sign or other advertising structure as defined intnis ordinance. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code, and the permit fees required thereunder. SECTION IV. APPLICATION FOR ERECTION PERMIT. Application for erection uermits shall be made upon blanks provided by the Building Inspector, and shall contain or have attached thereto the following information: 1) Name, address and telephone number of the applicant; 2) Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected; 386 3) Position of the sign or other advertising structure in relation to nearby build- ings or structures; 4) A blue print or ink drawing of the plans and specifications and method of con- struction and attachment to the building or in the ground; 5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City; I 6) Name of person, firm, corporation or association erecting structure; 7) Written consent of the owner of the building, structure or land to which or on which the structure is to be erected; 8) Any electrical permit required and issued for said sign; and 9) Such other information as the Building Inspector shall require to show full com- pliance with this and all other laws and ordinances of the City. SEC'rION V. ILLUMINATED SIGNS; APPROVAL BY ELECTRICAL INSPECTOR. The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electri- cal Inspector shall examine the plans and specifications respecting all wiring and connec- tions to determine if the same complies with the Electrical Code of the City of Bozema~, and he shall approve said permit if the said plans and specifications comply with said code or disapprove the application if non-compliance with said code is found. This said action of the Electrical Inspector shall be taken prior to submission of the applicHtion to the Build- ing Inspector for final approval or disapproval of the erection permit. SECTION VI. PERMIT ISSUED IF APPLICATION IN ORDER. It shall be the duty of the Build- I ing Inspector, upon the filing of an application for an erection permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this ordinance and all other laws and ordinances of the City of Bozeman, heshall then issue the erection permit. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void. SECTION VII PERMIT FEES. Every applicant, before being granted a permit hereunder shall pay to the Director of Finance the following annual permit fee for each such sign or other rdvertising structure regulated by this ordinance: 1) All signs projecting over public property Ten Cents ( lO~) per square foot annually. Wall signs that face on public property Five cents ( 5~) per square foot annually. Other permanent signs Two Dollars ($2.00) Temporary signs (each sixty (60) square feet or fraction thereof) One Dollar ($1.00) Canopy or Awning (over public property) Five Dollars ($5.00) annually I Canopy or Awning (other) Two Dollars (:11-2.00) Marquee (over public property)--each ten (10) sq. ft. or fraction thereof of display surface One Dollar ($1.00) annually Marquee ( ,)ther) Two Dollars ($2.00) Street or Wall Clocks Two Dollars ($2.00) annually In no event shall the minimum fee be less than One Dollar ($1.00). Every annual permit issued hereunder shall be renewed on or fefore the 10th day of January each year. Ordinance No. 7d6 387 SECTION VIII. ANNUAL INSPECTION; FEES. The Building Inspector shall inspect annually, or at such time as he deems necessary, each sign or other advertising structure regulated by this ordinance and requiring an annual permit for the purpose of ascertaining whether the same is secure or insecure, and whether it is in need of removal or repair; and to meet the expense of such inspection the permittee thereof shall pay to the City Treasurer of I the ,Ci ty of Bozeman the sum of Two Cents (2~) multiplied by the number of square feet of area for each unit so inspected; provided, however, that in no event shall the inspection fee be less than One Dollar ($1.00). No inspection fee other than the permit fee as re- '., quired in the preceding section shall be charged during the calendar year in which the sign or other advertising structure is erected. SECTION IX. PERMIT REVOCABLE AT ANY TIME. All rights and privileges acquired under the provisions of this ordinance or any amendment thereto, are mere licenses revocable at any time by the City Commission and all such '!)ermits shall contain this provision. SECTION X. Unsafe and Unlawful signs. If the Building Inspector shall find that any sign or other advertising structure regulated herein Is unsafe or insecure, or is a menace to the pub lie, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, he shall give written notice to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the stenderds I herein set forth within ten (10) days after such notice, such sign or other advertising structure may be removed or altered to comply by the Building Inspector at the expense of the permittee or owner who refuses to pay costs so assessed. The Building Inspector I may cause any sign or otheradvertising structure which is an immediate peril to persons or property to be removed summarily and without notice. SECTION XI. NUMBER, DA'rE AND VOLTAGE TO BE ON SIGN. Every sign or other advertising structure hereafter erected shall have painted in a conspicuous place thereon, in letters not less than one inch (1") in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection there*ith. SECTION XII. PAINTING REQUIRED EVERY ~NO YEARS. The owner of any sign as defined and regulated by this ordinance shall be required to have properly painted at least once every two years all parts and supports of the said sign, unless the same are galvanized or otherwise treated to prevent rust. SECTION XIII. WIND PRESSURE AND DEAD LOAD REQUIREMENTS. All s:t gns and other adver- tising structures shall be designed and constructed to withstand a wind pi" essure of not less than forty (40) pounds per square foot of area; and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the City of Bozeman. SECTION XIV. REMOVAL OF GERT/J N SIGNS. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken I down and removed by the owner, agen t , or person having the beneficial use of the building or structure upon which such sign may be found within ten (10) days after written notifi- cation from the Building Inspector, and, upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be pflid by the owner of the building or structure to which such sign is attached. SECTION XV. EXEMPTIONS. The provisions and regulations of this ordinare e shall not apply to the following signs, provided, however, said signs shall be supJect to the pro- Ordinance No. 786 388 visions of Section X: 1) Real estate signs not exceeding eight (8 ) square feet in area which advertise the sale, rental or lease of the premises upon which said signs are located only. 2) Professional name plates not exoeeding one ( 1) square foot in area. 3) Signs painted on the exterior surface of a building or structure, provided, how- ever, if said signs have raised borders, letters, characters, decorations or lighting ap- plicances, they shall be subject to the provisions of Section XIII and all applicable pro- I visions of this ordinance. 4) Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions. 5) Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding sixteen (16) square feet in area. 6) Occupational signs denoting only the name and profession of an occupant in a com- mercial building, public institutional building or dwelling house, and not exceeding two ( 2) square feet in area. 7) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry s~rface or when constructed of br,onze or other incombustible materials. 8) Traffic or other municipal signs, legal notices, railroad corssing signs, danger, and such temporary, emergency or non-advertising signs as may be approved by the City Com~lssion. SECTION XVI. OBSTRUCTIONS TO DOORS, WINDOWS OR FIRE ESCAPES. No sign shall be erected, reloeated or maintained so as to prevent free ingress to or egress rrom any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape. SECTION XVII. SIGNS NOT TO CONSTITUTE TRAFFIC HAZARD. No sign or other advertising I structure as regulated by this ordinance shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision: or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words 'STOpr "LOOK," "DRIVE-IN," "DANGER" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.. SECTION XVIII. FACE OF' SIGN SHALL BE SMOOTH. All signs or other advertising structures which are constructed on street lines, or within five ( 5) feet thereof, shall have a smooth surface and no nails, taclrs or wires shall be permitted to protrude therefrom, except elec- trical reflectors and devices which may extend over the top and in front of the advertis- ing structures. SECTION XIX. GOOSE NECK REFLECTORS. Goose neck reflectors and lights shall be per- mitted on ground signs, roof signs, and wall signs, provided, however, the reflectors shall be provided with proper glass lenses concentrating tlleillumination upon the area of the sign so as to prevent glare upon the street or adjacent property. I SECTION XX SPOTLIGHTS AND FLOOD LIGHTS PROHIBIT-ED. It shall be unlawful for any person to maintain any sign which extends over public property which is wholly or partially illuminated by floodlights or spotlights. SECTION XXI. OBSCENE MATTER PROHIBITED. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. GROUND SIGNS SECTION XXII. A. DEFINITION. Guuno sign as regulated by this ordinance shall include Ordinance No. 786 38!} any sign supported by uprights or braces placed upon the ground, and not attached to any building. B. CONSTRUCTION 1) MATERIALS REQUIRED. All ground signs for which a permit is required l,U1der this ordinance, shall have a surface of facing of incombustible material; provided, however, that combustible structural trim may be used thereon. 2) LETTERS, ETC., TO BE SECURED. All letters, figures, characters or repre- sentations in cut-out or irregular form, maintained in conjunction with, I attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure and shall comply with ell require- ments in Section XVIII. C. LOCAlrION. 1) HEIGHT LIMITATION. It shall be unlawful to erect any ground sign whose total height is greater than twenty (20) feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground level is above the street level. 2) SPACE BETvVEEN SIGN AND GROUND AND OTHER SIGNS AND STRUCTURES. Ground signs shall have an open space not less than two ( 2) feet between the base line of said sign and the ground level. This open space "nay be filled in with a plat- form or decorative lattice work which does not close off more than one-half of any square foot of such open space. No ground sign shall be marer than two (2) feet to any other sign, building or structure. 3) SET-BACK LINE. No ground sign shall be nearer the street than the building line established by law. 4) NOT TO MISLEAD, INTERFERE WITH, OR CONFUSE TRAFFIC. All ground signs shall conform to the provisions of Section XVII. D. ERECTION. 1) BRACING, ANCHORAGE AND SUPPORTS. All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three (3) feet below the natural surface of the ground, and shall be supported and braced by timbers, or metal rods in the rear thereof, ex~ending from the top thereof to a pointm the ground at least a distance equal to one-half of the height of such sign, measured along the ground, from the posts or standards upon which the same is erected. I 2) SUPPORTS, ETC., TO BE CREOSOTED. All posts, anchors and bracing of wood shall be treated to protect them from moisture by creosoting or other ap- proved methods when they rest upon or enter into the ground. 3) WIND PRESSURE, AND DEAD LOAD REQUIREMENTS. All ground signs shall conform to the requirements of Section XIII. E. PREMISES TO BE KEPT FREE OF WEEDS, ETC. All ground signs and the premises sur- rounding the same shall be maintained by the owner thereof in a clean, sanitary and in- offensive condition, and free and clear of all obnoxious substances, rubbish and weeds. WALL SIGNS SECTION XXIII. A. DEFINITION. Wall Sign as regulated by this ordinance shall include all flat signs of solid face construction which are placed against a building or other struc- tlJre and attached to the exterior front, rear, or side wall of any building, or other structure. B. CONSTRUCTION. 1) MATERIALS REQUIRI~D. All wall signs for which a permit is required under this ordinance, shall have a surrace or facing of incombustible material; provided, however, that combustible structural trim may be used thereon. C. LOCATION. 1) LIMITATION ON PLACE~mNT AND AREA. ~o wall sign shall cover wholly or par- tially any wall opening, nor project beyond the ends or top of the wall to I which it is attached, and anyone wall sign shall not exceed an area of five hundred (500) square feet. 2) PROJECTION ABOVE SIDEWALK AND SET-BACK LINE. Ho wall sign shall be permitted to extend more than twelve (12) inches beyond the building line, and shall not be attached to a wall at a height of less than ten (10) feet above the side- walk or ground. 3) OBSTRUCTIONS TO DOOR, WnrDOWS OR FIRE ESCAPES. No wall sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire excape. D. ERECTION. I) SUPPORTS AND A'rTACHMENT. All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of Ordinance No. 786 390 not less than 3~8 inch in diameter embedded in said wall at least five ( 5) inches; provided, however, that such signs may rest in, or be bolted to strong, heavy metal brackets or saddles set not over six (6) feet apart, each of which shall be securely fixed to the wall as hereinbefore provided. In no case shall any wall sign be secured with wire, strips of wood or nails. 2) WIND PRESSURE AND DEAD LOAD REQUIREMENTS. All wall signs shall conform to the requirements of Section XIII. ROOF SIGNS SECTION XXIV. A. DEFINITION. Roof sign as regulated by this ordinance shall mean I any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure. B. CONSTRUCTION. 1) MATERIALS REQUIRED. Every roof sign, including the upright supports and braces thereof, shall be constructed entirely of incombustible materials; provided, however, that combustible structural trim may be used thereon. c. LOCATION. 1) HEIGHT AND AREA LIMITATION. No roof sign shall have a surface or facing ex- ceeding three hundred (300) square feet, nor have its highest point extended more than twenty (20) feet above the roof level. 2) SET-BACK FROM ROOF EDGE. No roof sifn shall be erected or maintained with the face thereof nearer than five (5 feet to the outside wall toward which the sign faces. 3) SPACE BETWEEN SIGN AND ROOF. All roof signs shall have a space at least five (5) feet in height between the base of the sign and the roof level, and have at lefst fIve (,5) feet clearance bet'Neen the vertical supports thereof. 4) PROHIBITED OBSTRUCTIONS. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage from one part of said Doof to any other part thereof or interfere with openings in said roof and shall comply with Section XVlhereof. D. ERECTION. 1) BRACING, ANCHORAGE AND SUPPORTS. Every roof sign shall be thoroughly se- cured to the building by iron or othermetal anchors, bolts, supports, rods, I or braces. When erected upon buildings which are not constructed entriely of fireproof material, the bearing plates of said sign shall bear directly upon masonry walls and intermediate stBel"!.colurnns in the bUilding, No ro:)f sign shall be supported or anchored to the wooden framework of a building. 2) WIND PRESSURE, AND DEAD LOAD REQUIREMENTS. All roof signs shall conform to the requirements of Section XIII of this ordinance. PROJECTING SIGNS SECTION XXV. A. DEFINITIONS. I) Projecting sign as regulated by this ordinance shall include any sign which is attached to a building or other structure and extends beyond the line $f the said building or structure or beyond the surface of that portion of the building or structure to which it is attached. All projecting signs shall be illuminated signs, as defined by this ordinance. 2) H6ri~ontal projecting sign means any sign which is greater in width than in height. 3) Vertical prbjecting sign means any sign which is greater in height than ,in width. B. CONSTRUCTION. 1) Every projecting sign, including the ,'frames, braces and supports thereof, shall be designed by a structural engineer or manufacturer, and shall be approved by the Building Inspector as in compliance with the Building vade of theCity of Bozeman and by theElectrical Inspector as in compliance with the Electrical Code of theCity of Bozeman, shall be constructed of incom- bustible materials, shallbe illiminated and shall be two faced. 2) ILLUMINATION. The reflectors shall be provided with the proper glass lenses I concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property; and no floodlight or spotlight nor reflectors of the goose neck type shall be permitted on projecting signs. 3) LIMITATION OF GLASS. The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semi-transparent incombus- tible material. Any glass forming a part of any sign shall be safety glass or plate glass at least 1/4 inch thick and in case any single piece or pane of glass has an area exceeding three (3) square feet, tt shall be wired glass. One section, not exceeding three (3) square feet in area, constructed of wire glass or safety glass shall be permitted on each side of a sign. 4) MOVALBE PARTS TO BE SECURED. Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened by chains or hinges. Ordinance No. 786 391 5) AREA LIMITATIONS. Except by special permission of the City Commission projecting signs shall be limited in area as follows: a) Horizontal projecting signs fifty (50) square feet each side. b) Vertical projecting signs one hundred (100) square feet each side. 6) THICKNESS LIMITATION. The distance measured between the principal faces of any projecting sign shall not exceed eighteen (18) inches. G. LOCATION. 1) Projectl')n OVER PUBLIC PROPERTY. Every projecting sign shall be placed at least ten (10) feet above the public sidewalk over which it is erected, and I a distance not greater than two (2) feet from the face of the wall to which . it is attached, measuring from the point of the sign nearest thereto, nor shall any sign or part thereof extend nearer the curb line than one (1) foot. The maximum projection for any such sign shall be limited to ten (10) feet. Every projecting sign erected over public driveways, alleys, and thoroughfares shall be placed not less than fifteen (15) feet above the level of same. 2) OBSTRUCTIONS AND TRAFFIC HAZARDS. Every projecting sign shall be erected in full compliance with Sections XVI and XVII of this ordinance. D. ERECTION 1) BRACING, ANCHORAGE AND SUPPOR~S. Projecting signs exceeding ten (10) square feet in area or flPty (50) poUnds in weight shall not be attached to nor sup- ported by frame buildings nor the wooden framework of a building. Said signs shall be attached to masonry walls with galvanized expransion bolts at least 3/8 inch in diameter, shall be fixed in the wall by means of bolts extending through the wall, shall contain proper size metal washer or plate on the in- side of the wall, and shall comply with Section XIII hereof. 2) ANCHORAGE WITq WIRE, ETC., PR,)HIBITED. No projecting sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign. E. V-SHAPED SIGNS PROHIBITED. V-shaped signs, consisting of two single faced signs erected without a roof or ceUing, shall not be permitted. F. ILLUMINATION AT NIGHT REQUIRED. Every projectlng sign shall be illuminated between sunset and nine o'clock P.M. every Monday throuph Saturday, on each side thereof, by at least twenty-five (25) watts per square foot of sign surface, but in no case less I than sixty (60) watts for each sign surface. TEMPORARY SIGNS SECTION XXVI. A. DEFINITIONS. Temporary signs as regulated by this ordinance shall include any sign, banner, pennant, valance or advertising disPlay constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed for a shortperlod of time only. B. CONSTRUCTION. I) MATERIALS AND AR~A LIMITATIONS. No temporary sign of combustible mB.terial shall exceed four (4) feet in one of its dimensions or one hundred (100) square feet in area, and provided such signs in excess of sixty 160) square feet shall be made of rigid materials, that is, of wall board or other light materials with frames. 2) WEIGHT LIMITATION. Every temporary sign weighing in excess of fifty (SO) poUnds must be approved by the Building Inspector as conforming to the safety requirements of the Building Code of the City of Bozeman. 6. LOCATION 1) PP.JJECTI')N FROM WALL AND OVER PUBLIC PRlPERTY. no temporary sign shall extend over or into any street, alley, sidewalk, or other public thoroughfare a dis- tance greater than four (4) inches from the wall upon which it is erected, and shall not be placed or project over any wall opening. I 2) OBSTRUCTIUN TO DOORS, WINDOWS AND FIRE ESCAPES. No temp')Niry sign shall be erected, so as to prevent freeingress t) or egress from any door, window or fire escape, nor shall such sign be attached tD any stand pipe or fire escape. D. ERECTION. I) ANCIDRAGE AND SUPPORT. Every temporary sign shall be attached to the wall with wire or steel cables, and no strings, r~pes or wood slats for anch.)rage or support purp)ses shall be permitted. E. DURATION OF PERMITS. Permits for te~porary signs shall auth)rize the erection of said signs and their maintenance for aperiod nJt exceeding thirtY(30) days. F. ADVERTISING PERMITTED. The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted un or within the premises on Ordinance No. 786 392 which such sign is erected or maintained. This provision shall not apply to signs of a civic, political or niigious nature. MARQUEES SECTION XXVII. A DEFINI'rrON. Marquee as regulated by this ordinance shall include any hood or awning of permanent c)nstruction projecting fr om the wall of a building above an entrance and extending over a thoroughfare. I B. CONSTRUCTION. 1) MATERIALS REQUIRED. All marquees, including the anchors, bolts, supports, rods and braces ther eof shall be cons tructed of incombustible materials, shall be designed by a structural engineer and approved by the Building Inspector as in compliance with the Building Code of the City of Bozeman and by the Electrical Inspector as in c ')mpliance with the El ectrical Code of the City of Bozeman, and shall be illu.'1linated. 2) DRAINAGE. The roofs of all marquees shall be properly guttered and connected by down spouts to a sewer so that the water therefrom will not drip or flow onto public property. 3) RDOFS, USE AND GLASS. The roofs of all marquees shall be used for no other purpose than to form and constitute a roof, and at least twenty-five (25) per cent of the area of the roof of every marquee shall be of glass or other incombustible transparent substance. C. LOCATION. l~ HEIGHT ABOVE SIDEWALK. No portion of a marquee shall be less than ten ~10) feet above the level of the sidewalk or other public thoroughfare. 2) Set-Back FROM CURB LINE. No marquee shall be permitted to extend beyond a point one (1) foot inside the curb line and in no case shall any marquee ex- tend over a maximum of ten (10) feet. 3) WIDTH. No marquee shall be wider than the entrance or entrances of the building, plus five (5) feet on each side thereof, provided, however, that where the entrances to a building are not more than twenty (20) feet apart, a marquee may be made a continuous single structure between said entrances. " D. ERECTION. I 1) BRACING ANCHORAGE AND SUPPORTS. Marquees shall be sunported solely by the building to which they are attached, and no columns or posts shall be per- mitted as support therefor. 2) ROOF LIVE LOAD REQUIREMENT. The roof of any marquee except glass area re- quired, shall be designed and cmstructed to support a live load 'Jf not less than one hundred (100) pounds per square foot. The wind pressure require- ments shall be those stated in Section XIII. 3) ANCH JRAGE TO WOOD STHUCTURE PROHIBI'rED. No marquee shall be erected on any building of wood frame construction unless attached to the masonry, concrete or steel supports of the building. E. SIGNS ATTACHED TO MARQUEE. Signs attached to, or hung from a marquee shall be completely within the borderline of the marquee outer edge, and shall in no instance be lower than ten (10) feet above the sidewalk or public thoroughfare. No sign or advertis- ing material shall exceed five ( 5) feet in height exclusive of the name of the establish- ment exhibiting such marquee. No advertising material shall be placed up'm the roof of any marquee. F. ILLUMINATION REQUIRED. Every marquee projecting over public porperty shall be illuminated by at least sixteen (16) candle power of' illuminatim for each fifty (50) square feet or fraction thereof of area fr~)m sunset to nine o'clock P.M. every night, Monday thr)ugh I Saturday of each week. AWNINGS AND CANOPIES SECTION XXVIII. A. DEFINITIONS. 1) Awning. An awning as regulated by this ordinance shall include any structure made of cloth or metal with a metal frame!lattached to a building and projec- ting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use. Ordinance No. 786 393 2) CANOPY. A canopy as regulated by this ordinance shml ioolude any struc- tur;b other than an awning, made of cloth or metal with metal frames attached to uilding, projecting over a thoroughfare, and carried by a frame sup- ported by the ground or sidewalk. B CONSTRUCT ION. 1) MATERIALS, AWANING. Awning may be constructed of cloth or metal, provided, however, all frames and supports shall be of metal. 2) MATERIALS, CANOPIES. Canopies may be constructed of cloth or metal hood, I provided, however, all frames and supports shall be of metal. C. LOCATION. 1) HEIGHT ABOVE SIDEWALK, AWNINGS. All awnings shall be constructed. and erec- ted so ~hat the lowest portion thereof shall be not less than eight (8) feet above the level of the sidewalk or public thoroughfare. 2) HEIGHT ABOVE SIDEWALK, CANOPIES. All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than nine ( 9) feet above the level of the sidewalk or public thoroughfare. 3) SET-BACK FROM CURB LINE, AWNINGS AND CANOPIES. No awning or canopy shall be permitted to extend beyond a point twelve (12) inches inside the curb line and in no case shallany awning or canopy extend over a maximum of ten (10) feet. ~) WID'rH, AWNINGS AND CANOPIES. No limitation on width of awnings, provided, however, full compliance with Section XIII is required. No canopy shall be permitted to exceed eight (8) feet in width. D. ERECTION. 1) AWNINGS, SUPPORT. Every awning shall be securely attached to and supported by the building. Posts or columns beyond tre building line shall not be per- mitted for awnings. No awning shall be attached to the wood jambs, frames, or other wood members of a building (frame buildings excepted) when such building is less than ten (10) feet from public property. 2) CANOPIES, SUPPORT. The framework of all canopies shall be designed by a structural engineer and approved by the Building Inspector as in complia'1ce with the Building Code of the City of Bozeman. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in Section XIII of this ordinance. I E. ADVERTISING. No advertising shall be placed on any awning or canopy, except that the name of the owner and the business, industry or pursuit conducted within the prem- ises may be painted or otherwise permanently placed in a space not exceedinG eight (8 ) in- ches in height on the front and side portions thereof. F. PERMITS AND INSPECTION. Permits for awnings and canopies shall be required as provided in Section III. Awnings and canopies shall be subject to annual inspection as required in Section VIII. G. AWNINGS TO BE ROLLED. Every awning shall be rolled or folded against the build... ing wall except when serving as a protection from sun, rain, snow or other inclement weather. STREET CLOCKS SECTION XXIX. A. DEFINITION. Street clock as regulated by this ordinance shall mean any time- piece erected upon a standard upon the sidewalk, or on the exterior of any building or sturc- ture for the convenience of the public and placed and maintained by some person for the purpose of advertising their place of business. B. CONSTRUCTION I 1) All street clocks as llerein defined shall be constructed of incombustible material, including the frames, braces and supports thereof. 2) REGULATION OF SIZE OF DIAL. The dial of such clocks shall be not less than thirty (30) inches nor more than forty (~O) inches in dameter. 3) REQUIREMENTS ON GLASS. Any glass forming a part of a clock or the sign thereon shall be safety glass or plate glass at least l/~ inch thick and in case any single piece or pane of glass has an ares exceeding three (3) square feet, it shall be constructed of wired glass, securely held in place. 4) MOV ABL E P ARTS TO BE SECURED. Any movalbe part of a street clock, that is, oover or service opening shall be securely fastened by metal hinges. C. LOCATION. 1) CLOCKS ERECTED ON WALLS. Clocks supported on the corner of any building or Ord inanc e No. 786 394 structure at the intersection of two streets, shall not be less than fifteen (15) feet or more than twenty (20) feet above the sidewalk, and shall not project from the face or wall of the building or structure, in any direction, more than five (5) feet. 2} CLOCKS ERECTED ON SIDEWALK. Every clock erected on the sidewalk shall be supported upon a post of ornamental design, the total height of which shall be not less than fifteen (15) feet, shall be not more than twenty (20) in- ches from the outer edge of the curb, and shall be at least twenty (20) feet from the point of intersection of the lines of any street, measured parallel with the street. D. ERECTION. I 1) CLOCKS ERECTED ON WALLS. All clocks erected on the exterior of any build- ing or structure shall comply with the requirements set forth in Section XXIII regulating wall signs, or Section XXV regulating projecting signs in all respects concerning erection, whichever applies. 2) WIND PRESSURE AND DEAD LOAD REQUIREMEN'rS. All street clocks whether erected on exterior walls or on the sidewalk shall comply with the requirements of Section XIII of this ordinance. E. LIMITATION ON PERMITS, CLOCKS ON SIDEWALKS. Any person erecting a street clock on any public sidewalk shall obtain thespecial written permission of the City Commission in addition to all other permits required hereunder. F. LIMITATION ON PERMITS, GENERAL. No person shall be permitted to erect more than one ( I) street clock as herein defined for any place of business, at anyone (I) location. G. ADVERTISING PERMITTED. Only the name of the owner, ~roprietor or manager of the place of business erecting and maintaining such clock shall be permitted as advertis- ing matter on said clock. H. MUST KEEP ACCURATE TIME. Such cloclt shall keep accurate t :tme, and if this con- dition is not complied with, the clock shall be promptly repaired or removed. SEC'frON XXI. REVOCATION OF PERMITS. The Building Inspector is hereby authorized and I' empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this ordinance. SECTION XXXI. VIOLATION AND PENALTI~S. Any person, firm or corporation violating or disobeying any of the provisions of this ordinance or who omits, neglects or refuses to comply with, or who resists the enforcement of any of the provistons of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00) for each of- fense. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION XXXII. VALIDITY OF ORDINANCE. If any section, subsection, sentence, cIa us e , phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tion hereof. SECTION XXXIII. ORDINANCES REPEALED. All ordinances and parts of ordinances in con- I flict with the provisions of this ordinance are hereby repealed. Finally passed and adopted by the Commission of The City of Bozeman this 16th day of November, 1955. Attest: ~fL cdt~ Mayor. . ----.. Published in the Bozeman Daily Chronicle, November 25th, 1955. Ordinance No. 786 395 State of Montana ) ) ss County of Gallatin ) I, L. G. Shadaon, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 786 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City I in the issue of November 25th, 1955, and that due proof of such publication is on file in my office as such Clerk. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 26th day of November, 1955. ~~~ Cl r of the Commission 'I I