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The purpose of this chapter is to provide standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures.
A. Restrictions:
1. No sign shall be erected or placed in such a manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal or device;
2. No sign shall exceed in area the requirements of this chapter as herein provided.
B. Intention: The provisions of this chapter are not intended to permit any violation of any other ordinance or code of the city of Cut Bank. (Ord. 2009-03, 12-7-2009)
A. Authority: The building inspector, or in his absence or inability to act, the city superintendent, is hereby authorized and directed to enforce all provisions of this chapter.
B. Right Of Entry: Upon presentation of proper credentials, the building inspector or his duly authorized representative may enter, at a reasonable time, into or upon any building, structure, or premises in the city to perform any duty imposed upon him by this chapter.
C. Inspection Warrant: Upon application to the city court, the city judge may, for probable cause and in the same manner and form as a criminal search warrant, issue an inspection warrant which shall have the same force and effect as a search warrant. (Ord. 2009-03, 12-7-2009)
Any person aggrieved by any decision, order or action of the building inspector or city superintendent arising out of his enforcement of this chapter and the uniform sign code of the city, as contained herein, may appeal said decision, order or action to the board of adjustment (which is the city council). The board of adjustment may for good cause shown grant variances to the requirements of this chapter. The board shall follow subsection 11-2-5B of this code in granting any variances. (Ord. 2009-03, 12-7-2009)
The applicant for a permit shall, prior to issuance of said permit, file with the city a current general liability insurance policy with bodily injury limits in the amount of one hundred thousand dollars ($100,000.00) per person; two hundred thousand dollars ($200,000.00) aggregate, and property damage limits of fifty thousand dollars ($50,000.00) per accident aggregate issued by an insurance carrier authorized to do business in the state of Montana; such insurance shall be kept in full force as a condition of the issuance of such permit. (Ord. 2009-03, 12-7-2009)
APPROVED PLASTICS: Only those slow burning plastics of no greater combustibility as now approved by the Underwriters Laboratories, Inc., for sign use (UL 48).
COMBINATION SIGN: Any sign incorporating any combination of the features of ground, projecting and roof signs.
CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the director of public works.
DISPLAY SURFACES: The area made available by the sign structure for the purpose of displaying the advertising message.
ELECTRIC SIGN: Any sign containing electrical wiring, but not including signs illuminated by an exterior light source.
FREESTANDING SIGN: A sign not designed to withstand a twenty (20) pound wind load, which approximates a wind force of eighty (80) miles per hour.
GROUND SIGN: Any sign which is supported by more than one pole and/or braces upon the ground other than a "combination sign" or "pole sign", as defined herein.
MARQUEE: A permanent roofed structure attached to and supported by the building and projecting over public property.
MOBILE OR PORTABLE SIGNS: Signs designed and constructed so as to be readily and easily moved or transported from one location to another, such as:
A. Signs constructed on a trailer chassis, with a display area on two (2) sides thereof, which may be towed from location to location where they can then be situated and stabilized by the use of outriggers, blocking or other rigid supports; and
B. Signs which are: otherwise readily portable; placed on the surface of the ground; and, not supported by walls, buildings, poles or other permanent structures.
NONCOMBUSTIBLE OR INCOMBUSTIBLE MATERIALS: Any material which will not ignite at or below a temperature of one thousand two hundred degrees Fahrenheit (1,200°F) during an exposure of five (5) minutes and which will not continue to burn or glow at that temperature, as specified in the 1988 edition of the uniform building code.
NONSTRUCTURAL TRIM: The molding, battens, caps, nailing strip, latticing, cutouts or letters and walkways which are attached to the sign structure.
POLE SIGN: Any sign supported wholly by a pole in the ground which is not a part of the building.
PROJECTING SIGN: Any sign other than a wall sign, which projects from and is supported by a wall of the building or structure.
PROJECTION: The distance by which a sign extends over public property or beyond the building line.
ROOF SIGN: Any sign attached to roof framing, walls, and/or columns of the building on which the entire advertising display is above roof level.
SIGN: Any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes.
SIGN STRUCTURE: The supports, uprights, braces and framework of the sign.
STATE BUILDING CODE: That edition of the international building code, as adopted by the state of Montana and subsequently adopted or amended by the city of Cut Bank and published by the International Conference of Building Officials.
TEMPORARY SIGNS: 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 limited period of time only.
UNIFORM SIGN CODE: That edition of the uniform sign code, published by the International Conference of Building Officials and which has been adopted by the state of Montana certified building inspection program.
WALL SIGN: Any sign attached to the wall of a building or structure when the exposed face of the sign is a plane parallel to the plane of said wall. (Ord. 2009-03, 12-7-2009)
No sign shall hereafter be erected, reerected, constructed or altered, except as provided by this chapter and a permit for the same has been issued by the building inspector. It is expressly understood that all sign permits are to be issued to the person applying for the permit and that permits are nontransferable. Any person, partnership, corporation or other form of business enterprise shall be required to apply for a new permit if the permittee transfers, sells or otherwise changes ownership of any sign previously granted herein or which is grandfathered under this chapter due to being in existence at the time of adoption of this chapter. (Ord. 2009-03, 12-7-2009)
Application for a sign permit shall be made in writing upon forms furnished by the building inspector. Such application shall contain the location by street and telephone number of the owner and the sign contractor or erector. The building inspector may require the filing of plans or other pertinent information where, in his opinion, such information is necessary to ensure compliance with this chapter. (Ord. 2009-03, 12-7-2009)
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