A. Exempt Signs: The specific types of signs, as described and limited herein, shall be exempt from the permit and review provisions of this chapter but shall adhere to the area restrictions as may be specified by type of sign or district:
1. House numbers, resident's name, street names, and signs less than four (4) square feet in area warning against trespass or danger. (Ord. 2991, 4-19-2004)
2. Home occupation signs subject to chapter 26 of this title, or window signs, unlighted, not exceeding two (2) square feet.
3. Memorial signs or tablets erected by authorized historical agencies at recognized historical buildings or sites, and the names of buildings and date of erection when cut into a masonry surface or when constructed of bronze or other noncombustible letters affixed flat against the wall of such building.
4. Special occasion lawn signs not exceeding twenty (20) square feet in area and seven feet (7') in overall height, constructed into creative and artistic shapes, such as clowns and animals, used to announce personal, noncommercial events such as a new baby, birthday, wedding or anniversary. Said signs shall be unlighted, securely erected on the property for not more than three (3) days with not more than one such sign permitted on any one property at any one time. Such signs shall not be installed in the sight distance triangle as defined in section 7-3-7 of this code.
5. Window signs in districts where the aggregate area does not exceed twenty five percent (25%) of the total window area. Such signs are subject to the provisions of subsection 11-23-8H of this chapter. If the aggregate area of the sign exceeds twenty five percent (25%) of the total window area, the signs shall be allowed subject to subsection 11-23-8H of this chapter and the time limitations of subsection C7 of this section.
6. Signs lettered on the exterior or interior of a window in a building in the R-O, B-1, B-2, B-3, CLM, M-I, PLI or airport district, which serve solely to designate the name or the name and professional occupation of the person or persons residing, or having an office in said building, provided that such sign does not exceed twenty five percent (25%) of the window on which it is lettered, but does not exceed a maximum of four (4) square feet.
7. Nameplates, when affixed flat against the wall of a building and serving solely to designate the name or the name and professional occupation of the person(s) residing or having an office in said building, provided that the area of such a nameplate does not exceed four (4) square feet in the R-O, B-1, B-2, B-3, CLM, M-I, PLI and airport districts or two (2) square feet in a residential district.
8. The sign administrator, following consultation with and receipt of approval of an "application for exemption" from the city engineer, may issue special permits upon such conditions as may be reasonably determined by the city engineer for the display on or over public property of temporary signs for a duration not exceeding thirty (30) days or such lesser periods as may be specified in the application. No such permit shall be issued unless the city engineer finds that the city is effectively held harmless for any act or omission of the applicant. The city engineer may give an approval for exemption for a longer duration of display on public property, not to exceed ninety (90) days, for civic fundraising projects or similarly extended events.
9. "Entrance" and "exit" directional signs devoid of any logo identification designed to clarify movements of primarily vehicular traffic and which do not exceed six (6) square feet and four feet (4') in height.
10. Signs occurring on awnings erected by the sign contractor and subject to a building permit shall not require a separate sign permit. Awning signage shall be subject to the provisions of subsection 11-23-8M of this chapter.
11. A ghost sign may be rehabilitated or preserved to maintain its character. (Ord. 2813, 10-20-1997)
12. Noncommercial signs.
13. Temporary signs that:
a. Advertise real estate for sale or lease and subdivisions;
b. Advertise community, civic, or other public interest oriented activities sponsored by religious, civic, charitable or fraternal organizations; and
c. Provide information on construction projects occurring on the property. (Ord. 2991, 4-19-2004)
B. Prohibited Signs And Locations: Those signs not listed as permitted within a district shall be considered as prohibited (except as may be separately approved by variance issued by the board of adjustment). The following types of signs or effects as defined in this chapter are expressly prohibited: beacons, bench signs, festoons, inflatable signs, off premises signs, portable signs and sidewalk signs. Prohibited signs shall also include, but not necessarily be limited to, the following:
1. No animated or changeable copy signs shall be erected or maintained in the OSR, R-1, R-2, R-3, R-4, R-O, NC, B-1, B-3, urban renewal or airport districts.
2. No animated or changeable copy sign shall be erected or maintained closer than one hundred feet (100') from any residential district, or from the urban renewal or airport district, unless the sign is constructed in such a manner that the sign cannot be seen from said districts.
3. No sign shall be erected near the intersection of any street, alley or other traveled way, including driveway entrances, in such a manner that obstructs or creates a hazard by prohibiting clear view of both vehicular and pedestrian traffic as set forth in section 7-3-7 of this code; or where it may obstruct the view of any traffic control device, or where, by reason of color, lighting or animation may confuse anyone looking at a traffic control device.
4. No sign shall be affixed upon a post, tree, or pole in a public street or alley right of way or on other public property, except for signs placed by authorized agents of the city or signs permitted under subsection A8 of this section.
5. Notwithstanding any other provision of this chapter, no sign shall be erected or maintained upon any tower, spire, chimney, machinery, penthouse, cupola, water tank, water tower, radio aerial or television antenna.
6. Signs which are flashed or projected on walls or other structures by means of a slide projector or other device are prohibited.
7. No sign shall be erected in such a manner that any portion of the sign or its supports are attached to, or will interfere with, the free use of any fire escape, exit or standpipe, or obstruct any required stairway door, ventilator or window.
C. Temporary Signs: Temporary signs are subject to all requirements of this chapter and include only the following:
1. In the OSR, R-1, R-2, R-3, R-4, R-O and NC zoning districts, one real estate sign for a lot or aggregation of lots under a single ownership being offered for sale or lease and the sign:
a. Is not more than six (6) square feet in area;
b. Is six feet (6') or less in height; and
c. Is removed within five (5) days following the finalization of the transaction on the property.
2. In all zoning districts except OSR, R-1, R-2, R-3, R-4, R-O and NC zoning districts, one real estate sign for a lot or aggregation of lots under a single ownership being offered for sale or lease and the sign:
a. Is not more than thirty two (32) square feet in area;
b. Is eight feet (8') or less in height; and
c. Is removed within five (5) days following the finalization of the transaction on the property.
3. One sign to identify a major subdivision development with six (6) or more lots for sale in residential, R-O, OSR and NC zoning districts that:
a. Is not more than thirty two (32) square feet in area;
b. Is six feet (6') or less in height; and
c. Is in lieu of the developer putting individual real estate signs on each lot.
4. One sign to identify a major subdivision development with six (6) or more lots for sale in all zoning districts other than residential, R-O, OSR and NC zoning districts that:
a. Is not more than thirty two (32) square feet in area;
b. Is eight feet (8') or less in height; and
c. Is in lieu of the developer putting individual real estate signs on each lot.
5. One construction sign per property in residential, OSR and NC zoning districts and the R-O zoning district when the project is residential, and that:
a. Is not more than twelve (12) square feet in area;
b. Is six feet (6') or less in height; and
c. Is only used for the term of the project and removed prior to final occupancy.
6. One construction sign per property in the commercial and industrial zoning districts and the R-O zoning district when the project is commercial, and that:
a. Is not more than thirty two (32) square feet in area;
b. Is eight feet (8') or less in height; and
c. Is only used for the term of the project and removed prior to final occupancy. (Ord. 2991, 4-19-2004)
7. Banners, pennants or window signs may be used as temporary supplemental signage by a licensed business in connection with a specific major commercial sales event such as, but not limited to, grand opening, closeout sales, going out of business sales or truckload sales provided they are securely mounted flat on or against the building wall or window. The use of said signs shall not exceed a maximum of thirty (30) days at any one time nor occur on more than three (3) separate occasions within any calendar year. As a supplement to the existing wall signage allowance the window signs shall not cause the aggregate wall signage to exceed by a factor of one and twenty five hundredths (1.25) the allowable wall sign area as the same is calculated for the business. (Ord. 2813, 10-20-1997)
8. Signs that are noncommercial or advertise community, civic, or other public interest oriented activities sponsored by religious, civic, charitable or fraternal organizations and that:
a. Are not more than five (5) square feet in area;
b. Are thirty inches (30") or less in height; and
c. Are removed within five (5) days following the conclusion of the event or activity to which they relate. (Ord. 2991, 4-19-2004)
D. Billboard Signs:
1. Billboard signs shall not be established at a location having principal frontage on a street within five hundred feet (500') of any property which is used for a public park, public school, church, courthouse, city hall or public museum having principal frontage on the same street.
2. No billboard signs shall be established closer to the street than the building setback line, if such a line exists. If none exists, the billboard sign shall maintain a minimum setback of two feet (2') from all street and/or property lines.
3. All billboard signs shall be constructed in accordance with the city's building and electrical codes.
E. Billboard Sign Uses For Specified Zones:
1. Billboard signs shall be permitted in the interstate highway corridor as defined by Montana law. All billboard sign faces in the interstate highway corridor must read to the interstate highway. Billboard signs are permitted on properties zoned B-2, CLM and M-I as follows:
a. Billboard signs located within the interstate corridor shall have a maximum size of six hundred (600) square feet in area, including border and trim but excluding base or apron, supports, and other structural members.
b. Billboard signs may not exceed forty eight feet (48') in length.
c. The maximum height of billboard signs, including the sign face, shall be thirty feet (30').
d. Minimum distance between billboard signs shall be five hundred feet (500').
2. Billboard signs shall be permitted in B-2, CLM and M-I districts as follows:
a. Billboard signs shall be a maximum of three hundred (300) square feet in area, including border and trim but excluding base or apron, supports, and other structural members.
b. Billboard signs may not exceed twenty four feet (24') in length.
c. The maximum height of billboard signs, including the sign face, is thirty feet (30').
d. Minimum distance between billboard signs shall be five hundred feet (500').
e. All new billboard signs constructed outside the interstate corridor shall be self-supporting structures erected upon or permanently attached to concrete foundations. Billboard signs shall be erected using single pole construction.
F. Nonconforming Signs: Nonconforming signs will be permitted to remain subject to the following exceptions and restrictions:
1. The abandonment of a nonconforming sign shall terminate the right to maintain such sign. Removal shall be subject to the provisions of section 11-23-7 of this chapter.
2. A nonconforming sign may be continuously maintained or repaired in its original form with compatible materials to the existing construction until damaged or destroyed from any cause in excess of seventy percent (70%) of replacement costs or until the sign becomes substandard structurally, materially or electrically from obsolescence or other cause and is not promptly repaired as ordered by the sign administrator, so as to pose a hazard or endangerment to the public. Removal shall be subject to the provisions of section 11-23-7 of this chapter.
3. A nonconforming sign may be altered only when the proposed alterations bring the sign fully into conformance with the restrictions for the district in which the sign is located.
4. A nonconforming sign shall cease to be used when the business, activity or use on, or to which the property is put, is enlarged in excess of fifty percent (50%) of either the original lot area or the building area lot coverage in place at the time the sign was installed.
5. A sign which projects into the right of way beyond the curb line is hereby declared to be a traffic hazard and public nuisance. Such signs shall be reconstructed. (Ord. 2813, 10-20-1997)