CHAPTER 5
SIGN REGULATIONS
SECTION:
11-5-1: Purpose
11-5-2: Establishment And Intent Of Sign Districts
11-5-3: Applicability And Effect
11-5-4: Exempt, Prohibited And Special Standards
11-5-5: General Sign Standards
11-5-6: Zone District Regulations
11-5-6-1: Highway District
11-5-6-2: Old Town District
11-5-6-3: Community Business And Resort Districts
11-5-6-4: Residential Districts
11-5-6-5: Business Service District
11-5-7: Administration
11-5-1: PURPOSE:
The purpose of this chapter is to provide a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards. It is also the purpose to create sign districts whose requirements meet the identification and information needs of all land uses and to encourage good design, reflecting the special character of each sign district. A basic tenet in adopting and applying these regulations is that unrestricted signs do not benefit either the private business owner or the community at large. (Ord. 19-03, 2-4-2019)
11-5-2: ESTABLISHMENT AND INTENT OF SIGN DISTRICTS:
This chapter establishes five (5) distinct geographic districts within the zoning jurisdiction area which possess different and unique characteristics of physical location, existing building design and uses, pedestrian versus vehicle circulation and tourist versus local resident use. The intent of identifying these unique districts is to encourage design that will meet the needs and harmonize with the unique character of each district.
The Whitefish sign districts map establishes the five (5) geographic sign districts: the Highway District, the Old Town District, the Community Business and Resort District, the Residential District, and the Business Service District. The map is adopted as part of these regulations and is included in section 11-8-1, appendix F of this title. A table that lists the various sign districts and summarizes the sign standards in each district is included in section 11-8-1, appendix G of this title. It is not the intent in establishing these sign districts to allow uses within a particular zoning district that would not otherwise be allowed.
To the extent this chapter is amended in the future, such amendments shall immediately and automatically apply throughout the City.
By the adoption date hereof, the City retains the Whitefish sign districts map which designates the five (5) geographic sign districts, shown in section 11-8-1, appendix F of this title. Those areas of the City's jurisdictional area not covered by the special sign districts in section 11-8-1, appendix F of this title shall be considered to be within the Residential Districts, and subject to the provisions of section 11-5-6-4 of this chapter.
Nothing set forth herein makes legal or otherwise legitimizes any existing signs in violation of any State of Montana or Flathead County sign laws, ordinances, or regulations, and such signs shall continue to be illegal signs, subject to abatement. (Ord. 19-03, 2-4-2019)
11-5-3: APPLICABILITY AND EFFECT:
   A.   Applicability: The provisions of this chapter shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs. All signs that are displayed, constructed, erected or altered after the date of adoption of this title shall conform to the provisions of these regulations. These regulations shall be liberally construed in order to further their purpose, intent and effect, as set forth in sections 11-5-1 and 11-5-2 of this chapter and this section. The Zoning Administrator or designee is hereby authorized and directed to enforce these regulations.
   B.   Effect: The effect of these regulations is as follows:
      1.   Recognize that signs are a necessary means of useful communication for the convenience of the public.
      2.   Maximize the value of signage as a means of locating and identifying businesses and properties while discouraging the use of signs to sell goods and services.
      3.   Protect, preserve and enhance the unique aesthetic character, beauty and charm of the City and the surrounding area and to encourage the continued development of tourism within the zoning jurisdiction.
      4.   Promote signs that are of appropriate scale and integrated with surrounding buildings and landscape to further the community's desire for quality development and compatibility within each sign district.
      5.   Promote clear views of the natural surroundings by minimizing visual clutter and reducing the competition for airspace.
      6.   Protect the public from hazardous conditions that can result from signs that are structurally unsafe, obscure the vision of motorists, create dangers to pedestrian traffic or which compete or conflict with necessary traffic signals and warning signs.
      7.   To prohibit additional and eliminate existing off premises signs and billboards, which are considered blight to the community and should be removed as early as possible.
      8.   Eliminate distracting lighting, excessive glare and light pollution by reasonably limiting the illumination of signs and buildings to subdued, adequately shielded or concealed light sources.
      9.   Encourage the construction of signs of natural materials, which are compatible with the historic, cultural and natural surroundings.
      10.   Impose reasonable time, place and manner restrictions while not unnecessarily interfering with the free exercise of rights granted under the First Amendment of the United States Constitution.
   C.   Substitution Clause: Any sign allowed under this chapter may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area and other requirements of this chapter. (Ord. 19-03, 2-4-2019)
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