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Helena, MT Code of Ordinances
CITY CODE of HELENA, MONTANA
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 GENERAL PROVISIONS
TITLE 2 BOARDS, DEPARTMENTS AND OFFICERS
TITLE 3 BUILDING REGULATIONS
TITLE 4 BUSINESS REGULATIONS
TITLE 5 POLICE REGULATIONS
TITLE 6 PUBLIC UTILITIES
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 TRAFFIC REGULATIONS
TITLE 9 PARADES, SPECIAL EVENTS, TOURS, AND VENDORS
TITLE 10 LIGHTING STANDARDS
TITLE 11 ZONING
TITLE 12 SUBDIVISION REGULATIONS
TITLE 13 FIRE REGULATIONS
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11-23-1: GENERAL:
   A.   Intent: This chapter is intended to provide standards for the design, placement, and erection of signage. The standards established by this chapter are intended to provide equal opportunity for messages to be displayed, achieve proper relationship of signs to their environment, enhance the outward appearance of the community, secure pedestrian and vehicular safety, and preserve the historic aspects of the city.
   B.   Applicability: This chapter applies to all signs erected, installed, structurally altered, or otherwise modified after the effective date of this Code. Adoption of this code does not permit signs erected in violation of previous versions of this chapter. Nonconforming signs are subject to the provisions of § 11-23-7.
   C.   Administration And Enforcement:
      1.   The sign administrator for the city shall be the director of the community development department or the administrator's designees. It shall be the administrator's responsibility to:
         a.   Review, approve and process applications for and issue sign permits;
         b.   Conduct public hearings to resolve requests received for variances to the general sign regulations before the governing body;
         c.   Approve a Planned Sign Program;
         d.   Enter any premises, building or structure in the city following the presentation of proper credentials for the purpose of inspection of a sign and its structural and/or electrical connections to ensure compliance with applicable codes and ordinances;
         e.   Enforce and carry out all provisions of this code.
   D.   Permit Required:   
      1.   Unless specifically exempted in §11-23-4 a permit must be obtained prior to erection, installation, display, or alteration of sign.
      2.   A permit is not required to change the face of a sign provided there is no change to the type of display face being used which shall be considered an alteration.
      3.   Each application for a sign permit shall be accompanied by the appropriate fee based upon the sign's valuation and as determined from the current building permit fee schedule adopted by the building department. Each application for a variance shall be accompanied by the fee established for that process by city resolution. No sign as described or limited by the provisions of this chapter shall be erected or otherwise installed or altered without first having obtained a permit.
      4.   If erection of a sign, later found to be acceptable, occurs on a property prior to approval and permitting by the administrator, the specified permit fee shall be doubled as provided for in the building permit fee schedule.
      5.   When a sign is erected illegally without proper review, approval or permit, or when, in the opinion of the administrator, a violation of the general sign regulations exists, the administrator shall identify and notify the alleged violator in writing of the need to:
         a.   Correct or remove said violation within ten (10) days; or
         b.   To make appeal of the administrator's determination in writing to the city manager within ten (10) days.
      Any pending enforcement action will be held in abeyance during this period, and if an appeal is received, until such appeal is resolved (see also: §11-23-8). The notice requirements of this part do not apply in a case of emergency as provided in §11-23-8D.
   E.   Substitution Clause: A protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure or mounting device is legal without consideration of message content. This provision applies to all signs, including billboards, allowed under this ordinance. Such substitution of message may be made without any additional approval, permitting, registration or notice to the city.
   F.   Standards:
      1.   Setbacks And Encroachments:
         a.   District dimensional standards for buildings do not apply to signs.
         b.   Awning, canopy, pedestrian, or projecting signs can encroach 42 inches beyond the property line over a public right-of-way provided that:
            (1)   The sign cannot encroach within a vertical plane measured 2' (two feet) from the back of the curb;
            (2)   The bottom edge of the sign must maintain a clearance of at least 10' (ten feet) from the finish grade level below the sign (or a variance must be obtained from the governing body);
            (3)   The encroachment cannot constitute a hazard to the use of the right-of-way by the public;
            (4)   Encroachment cannot be placed in a way as to constitute an obstacle in violation of local, state, and federal universal accessibility laws, rules, and regulations.
         c.   Placing an encroachment in the right-of-way as permitted by this section does not grant any property rights in the City's right-of-way to the owner of the encroachment.
         d.   The city may, without warning, perform construction and maintenance activities within the right-of-way. The city is not responsible for any damage to any encroachments present in the right-of-way when performing these activities.
         e.   Encroachments permitted by this section are subject to removal, at property owner's expense, upon sixty (60) calendar days written notice from the City.
      2.   Maintenance:
         a.   All signs must meet the following provisions for maintenance. Signs that do not meet these provisions must be repaired or removed within ninety (90) calendar days after receipt of notification from the Sign Administrator. Violations of this chapter are subject to the provisions of §11-23-8.
         b.   The area around a sign must be properly maintained to make the sign readily visible.
         c.   All non-functioning bulbs or damaged sign faces or panels must be replaced or repaired within sixty (60) calendar days of written notice, or proof of an order for parts or services and a timeline not to exceed 180 days from the notice of violation for the repairs to be made must be given to the sign administrator.
         d.   All sign copy must be maintained securely on the sign face or panel and all missing copy must be replaced within sixty (60) calendar days of written notice, or proof of an order for parts or services and a timeline not to exceed 180 days from the notice of violation for the repairs to be made must be given to the sign administrator.
         e.   All sign structures, framework, and poles must be structurally sound.
         f.   All signs in their installation, maintenance, and removal must comply with the provision of the building and electrical codes adopted by the city.
   G.   Application For Permits/Variances:
      1.   Application for a permit for the erection or alteration of a sign or to request a variance by the governing body from a specific sign criterion as set forth in chapter 5 of this title shall be made upon the forms provided by the administrator.
      2.   Applications must be complete to be considered valid. Failure to provide the information requested on the form is grounds for rejection of the application as incomplete. Any reason for rejection of an application for a sign permit shall be noted on the application and returned to the applicant. The reasons for denial of a variance request following proper hearing shall be noted on the governing body's order and decision form and a copy sent to applicant.
   H.   A planned sign program in accordance with §11-23-10 is required to receive sign permits for any business or group of business uses on a parcel or group of parcels greater than 2 acres with common access and parking.
   I.   No sign permitted in the Airport district shall obscure vision from the control tower to any part of the airfield.
   J.   Sandwich Board Signs must be:
      1.   Located on-premise, or immediately adjacent to the premise in the public right-of-way if the building has a 0' lot line setback;
      2.   Positioned so as not to interfere in any way with the use of the public right-of-way;
      3.   Removed from location at the close of business. (Ord. 3323, 7-15-2024)
11-23-2: DEFINITIONS:
Words used in this Chapter have their normal dictionary meaning unless they are listed in §11-23-2 or unless this Chapter specifically refers to another Title and/or Chapter. Words listed in §11-23-2 have the specific meaning stated or referenced unless the context clearly indicates another meaning.
ABANDONED SIGN:
A sign which no longer correctly advertises a bona fide business, lessor, owner, product, or activity conducted, or product available on the premises where the sign is displayed or elsewhere.
ABANDONED SIGN:
A sign which no longer correctly advertises a bona fide business, lessor, owner, product, or activity conducted, or product available on the premises where the sign is displayed or elsewhere.
ALTERATION OF SIGN:
The moving or modification, in any manner, of a sign including, but not limited to, changes to the sign structure, height, size or area, shape, face type, or foundation, but excluding the exchange, replacement or repainting of the sign faces of cabinet type signs where there are no changes to the original cabinet.
ANIMATED SIGN:
A sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means exclusive of electronic message display faces.
AWNING SIGN:
A sign that is affixed to a roof- like structure; generally composed of a skeletal frame covered in a fabric or other skin-type material typically open on the bottom side, that extends along and projects beyond the wall of the building and is generally designed and constructed to provide protection from the weather.
BANNER:
A temporary, on-premise, nonrigid sign that is generally hung from a permanent or temporary structure for the purpose of advertising.
BILLBOARD BUSINESS PERMIT(s):
Business permit(s) required for each billboard sign face in the city.
BILLBOARD SIGN:
A permanent off-premise sign in a fixed location used, in whole or in part, for the display of off-site commercial messages with a minimum size of one hundred and fifty (150) square feet.
BUILDING FAÇADE:
The portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves for the entire width of the building elevation, or that portion comprising the exterior elevation of one business located in a multiple-tenant structure.
BUILDING FRONTAGE:
The side of a building which faces a public street right of way.
CANOPY SIGN:
A sign affixed to or a part of an open, roof like accessory structure, which is not attached or a part of a principal building, that is generally designed and constructed to provide protection from the weather.
COMMON SIGN:
An on-premise, freestanding sign intended to be shared by all tenants or businesses within a single building or group of buildings that share common drives and parking areas.
ELECTRONIC MESSAGE DISPLAY FACE:
A sign capable of displaying words, symbols, figures, or images that can be electronically changed by remote or automatic means.
ERECTED:
The attachment, installation, alteration, building, constructing, reconstructing, enlargement, moving, or painting of signs, or the relocation, placement, or alteration of individual sign letters (excluding manual reader board copy) or cabinets.
EXTERNALLY ILLUMINATED:
A sign that is illuminated by an artificial light source that is not contained within the sign itself and is intended or positioned to illuminate the sign.
FREESTANDING SIGN:
An on-premise sign supported by structure(s) or support(s) that are placed on, or anchored in, the ground, and that are independent from any building or any other structure.
GHOST SIGNS:
A sign, painted upon the facade of a building, that is more than fifty (50) years old, and which generally advertises an extinct business or product.
HALO LIT:
The illumination of a sign that is comprised of individually mounted opaque raised letters or symbols with back-lighting so the light source is not directly visible.
HEIGHT OF SIGN:
The vertical distance measured from the highest point of the sign to the highest adjacent street grade or surface beneath the sign, whichever measurement results in a lower overall height.
INCIDENTAL SIGN (MAJOR OR MINOR):
An on-premise, permanent, sign containing an informational message that has a purpose incidentally related to the use or occupancy of the premises and is intended to assist the public with respect to the location of business facilities or provides courtesy or directive information but is not an advertisement.
INTERNALLY ILLUMINATED:
A sign supplied with light from an internal light source.
MARQUEE SIGN:
An on-premise sign attached to or constructed on a canopy structure which is attached to and projecting horizontally beyond the wall of a building that generally is designed and constructed to provide protection from the weather.
MONUMENT SIGN:
A freestanding sign mounted directly to the ground, or with its bottom edge flush to the ground, not more than twelve (12) feet tall, and which may be placed on a berm not exceeding two and one-half feet (21/2') above the adjacent street grade or surface beneath the sign, whichever is less.
NONCONFORMING SIGN:
A sign which was lawfully erected and maintained prior to the adoption of this chapter and all amendments, which now fails to conform to all applicable regulations and restrictions of this chapter.
OFF-PREMISE SIGN:
A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located.
ON-PREMISE SIGN:
A sign which directs persons to; or advertises goods, products, services, or facilities situated or provided at the same premises where the sign is installed.
POLE BANNER SIGN:
A sign suspended from brackets mounted on a light pole.
PORTABLE SIGN:
A sign mounted on a trailer, stand or similar support structure which is designed in such a manner that the sign can be readily relocated to provide advertising at another location.
PROJECTING SIGN:
An on-premise sign affixed to the exterior wall of a structure and extends perpendicular to the facade of the building or structure.
READER BOARD:
A sign or portion of a sign containing a message for public display that is manually altered periodically.
ROOF SIGN:
An on-premise sign erected upon or above any portion of a roof or parapet wall of a building that is wholly or partially supported by the building.
SANDWICH BOARD SIGNS:
A sign or structure that is freestanding, temporary and movable, composed of two sign faces mounted or attached back-to-back in such a manner as to form a triangle with the ground and sign faces (also known as an A-frame sign). The area of a sandwich board sign is calculated on one side only.
SIGN:
Any identification, description, graphics, illustration, or device that is visible from any public place and exposed to the public which directs attention to a product, service, place, activity, person, institution, business, or solicitation, designed to advertise, identify, or convey information.
SIGN AREA:
The entire area within any type of perimeter or border which encloses the outer limits of writing, representation, emblem, figure, or character. The area of the sign having no such perimeter or border is computed by enclosing the entire area with parallelograms, triangles, or circles of the smallest size sufficient to cover the entire area of the sign and computing the area of these parallelograms, triangles, or circles. The area for double- faced or multiple-faced signs is the aggregate area of all the sign faces visible from any one direction at any one time.
SUSPENDED SIGN:
An on-premise freestanding sign comprised of a vertical column, a horizontal decorative sign support, and a suspended sign face.
TEMPORARY SIGN:
An on-premise sign intended for a limited period under specially defined requirements.
UNDER MARQUEE OR AWNING SIGN:
An on-premise lighted or unlighted display attached to the underside of a marquee or awning that extends over public or private sidewalks or rights of way.
VEHICLE SIGN:
A message or graphic affixed to a vehicle and intended to provide off-premise, or additional on-premise signage for a commercial entity.
WALL SIGN:
An on-premise sign affixed in any manner, including paint, to the exterior wall of a building or structure with its face parallel to the building façade, including signs affixed to awnings.
WINDOW SIGN:
An on-premise sign installed inside or upon the window surface for the purpose of viewing from outside the premises. (Ord. 3323, 7-15-2024)
 
11-23-3: PROHIBITIONS:
   A.   Signs and sign face types that are not listed as permitted within a district are prohibited.
   B.   Signs may not be erected in such a manner that they obstruct or create a hazard by blocking the clear view of vehicular, bicycle, or pedestrian traffic as set forth in §7-3-7 of this code; or where they may obstruct the view of any traffic control device. No sign or its illumination may interfere with traffic safety or simulate emergency services.
   C.   Signs may not be placed on or extend into any public rights-of-way except as outlined in §11-23-1F1 and §11-23-1J, nor be affixed to any post, tree, or pole located in any public right-of-way or upon any city owned property, including signs held by a person, except for signs placed by authorized agents of the city or except as permitted by Title 7, Chapter 13 of this code.
   D.   No sign may be constructed or erected that resembles any official marker erected by the city, state, or any governmental agency, or that by reason of position, shape, or color would conflict with the proper functioning of any traffic sign or signal.
   E.   Off-premise signs with the following exceptions:
      1.   Billboards (see: §11-23-11);
      2.   Signs placed by the local authority in the public right-of-way;
      3.   Signs in a PLI zone type with the following uses:
         a.   Indoor entertainment, sports and recreation;
         b.   Outdoor entertainment, sports and recreation;
         c.   Parks/playgrounds;
         d.   Outdoor concerts and theatrical performances.
   F.   Any of the following sign types are expressly prohibited:
      1.   Animated signs;
      2.   Balloons;
      3.   Bench signs;
      4.   On-premise canopy signs;
      5.   Portable signs;
      6.   Powered, air-activated devices;
      7.   Reflective or mirrored signs;
      8.   Vehicle signs that are on-premise and not involved in the regular operations of the advertised business or used off-premise in the performance of an explicitly advertising function;
      9.   Signs that are flashed or projected on walls or other structures by means of a slide projector, laser, or other devices. (Ord. 3323, 7-15-2024)
11-23-4: EXEMPT SIGNS:
   A.   The following signs are allowed by right in all zoning districts without a permit but must adhere to the specific size restrictions in this chapter. A permit is not required for the following types of signs, provided all applicable provisions of this section are met. Such signs are not considered in determining the allowable number or size of signs on a lot.
      1.   Ghost Signs:
         a.   Nothing in this chapter shall interfere with the restoration of a ghost sign.
         b.   Ghost signage shall not be included in calculating the allowable signage on a property.
      2.   House numbers and street names for the purpose of identifying the property for emergency services and mail delivery.
      3.   Public interest signs, erected by or on the order of a public officer in the performance of their duty, such as public notices, safety sign, danger signs, trespassing signs, traffic and street signs, wayfinding signs, memorial plaques, and signs of historical interest.
      4.   Any sign internal to a development not intended to be visible from the right-of-way or neighboring property.
      5.   Canopy signs for the duration of a temporary event.
      6.   One under-marquee or under-awning signs where allowed, under six square feet (6sf) in size per business, and where the bottom edge of the sign is at least eight (8) feet above grade.
      7.   Feather flags are only permitted in R-4, R-O, B-1, B-2, CLM, and PLI zoning districts at the rate of one per primary structure with an additional flag permitted per 200' linear feet of frontage beyond the first 100'.
   B.   Temporary signs are allowed to be erected so long as the following conditions are met:
      1.   That the signs are not illuminated in any manner;
      2.   That the signs are not erected in a permanent manner; and
      3.   That they follow the requirements of their zoning districts outlined below:
         a.   Any lot, parcel, or group of parcels serving a common purpose may have two temporary signs up to 24sf for as long as there is an active building permit for a new primary structure.
         b.   R-1, R-2, R-3, R-4, R-O, R-U, TR, DT, and B-1 zoning districts: Temporary sign(s) may not exceed six (6) square feet in area or 6' in height.
         c.   B-2, CLM, M-I, and PLI zoning districts: Temporary signs may not individually exceed twenty-four (24) square feet or exceed thirty-two (32) square feet in the aggregate.
   C.   Incidental minor signs. (Ord. 3323, 7-15-2024)
11-23-5: REGULATIONS FOR SPECIFIED DISTRICTS:
TABLE 1: ALLOWABLE BUILDING SIGNAGE:
For DT and TR districts see Ch. 9.
For district specific dimensional standards see "Design Guidelines" in this chapter (§11-23-9).
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
Marquee and/or awning sign:
P
P
P
P
P
Projecting sign:
NP
P
P
NP
P
Roof sign:
NP
NP
P
NP
NP
Wall sign:
P
P
P
P
P
Window sign:
P
P
P
P
P
 
TABLE 2: ALLOWABLE SITE SIGNAGE:
For DT and TR districts see Ch. 9.
For dimensional standards see "Design Guidelines" in this chapter (§11-23-9).
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
Billboard sign:
NP
NP
P
NP
NP
Common sign:
P
P*
P*
P*
P*
Freestanding sign:
P
P
P
P
P
Incidental major sign:
NP
P*
P*
P*
P*
Sandwich board sign:
NP
P
P
P
P
*As part of an approved Planned Sign Program element.
TABLE 3: ALLOWABLE DISPLAY FACE TYPES:
For DT and TR districts see Ch. 9.
FACE TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
FACE TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
Electronic message display face:
NP
NP
P
P*
P
Externally illuminated w/ downward facing lights
P
P
P
P
P
Halo lit:
NP
P
P
P
P
Internally illuminated
NP
NP
P
NP
P
Non-illuminated and permanent in nature
P
P
P
P
P
Reader board (manual change)
NP
NP
P
P
P
*Not permitted with open lands uses in PLI
(Ord. 3323, 7-15-2024)
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