A. Permits Required: Unless otherwise provided by this chapter, all new signs shall require permits. A permit is required for any substantial changes to a sign including, but not limited to, a change of copy, design, size or illumination of an existing sign. No permit is required for routine sign maintenance such as painting, landscaping and manually changeable copy, nor for the replacement of an individual sign panel for a new tenant on a permitted multi-tenant sign that was designed with removable or replaceable sign panels.
1. Application For Permit: Application for a permit for the erection, alteration or relocation of a sign shall be made to the City on a form provided by the Zoning Administrator or designee and shall include the following information.
a. Name and address of the sign owner, name and address of the contractor installing the sign along with the business name and the name and address of the property owner, if different from the sign owner.
b. Street address and/or location of the property where the sign is to be located.
c. A site plan showing the dimensions of the property, building location, driveway(s) and other relevant features including the proposed location of the sign(s) on the site and/or on the building and existing signs on the site.
d. The number and type of sign(s) or sign structures as defined in these regulations and the district in which it is located.
e. Scaled drawing of the individual sign(s) which includes specifications of the individual sign(s) showing the height, size, dimensions, materials, colors, structural supports, landscaping, lighting and electrical components and the total square footage for each sign face. All information shall be provided in simple, nontechnical language.
f. It shall be the applicant's responsibility to become familiar with the Whitefish sign regulations and to ensure that the proposed sign fully complies with such regulations.
2. Permit Issuance: The Zoning Administrator or designee shall issue a permit for the erection, alteration or relocation of a sign within fourteen (14) calendar days of receipt of a valid permit application, provided the sign complies with all applicable laws and regulations of the City. The failure of the Zoning Administrator or designee to issue or deny a permit within fourteen (14) calendar days shall not be cause for the automatic issuance of a permit. A permit issued by the Zoning Administrator or designee becomes null and void if work is not commenced within one hundred eighty (180) days of issuance. If work authorized by the permit is abandoned or suspended for sixty (60) days, the permit must be renewed with an additional payment of one-half (1/2) the original fee. A permit mistakenly issued for a sign that does not comply with the Whitefish sign regulations is null and void and confers no rights upon the applicant.
3. Permit Denial: When the Zoning Administrator denies a permit, written notice shall be given to the applicant with a brief statement of the reasons for denial. No sign permit may be denied based upon the message contained on the proposed sign. The Zoning Administrator or designee may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.
4. Work Done Without A Permit: If any sign is installed or placed on any property without a permit, the specified permit fee shall be doubled. This does not in any way relieve the owner from fully complying with all of the regulations relating to sign design. Payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this chapter.
B. Inspection Of Work: Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the Zoning Administrator or designee upon completion of the work. The Zoning Administrator or designee may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs. Upon the issuance of a permit, the Zoning Administrator or designee may require in writing that notification for inspection be given prior to the installation of certain signs.
C. Variances: No variances to the provisions of these regulations shall be considered or granted except when an unforeseen circumstance presents itself because of unique circumstances and written findings are made by the City Council in accordance with the variance criteria outlined in these regulations. Special consideration shall be given by the Council to grant exceptions for nonconforming signs that are considered historic or are perceived as a community icon with established community significance. To be so considered, a sign must meet one of the following criteria.
1. Proof is provided that it is at least forty (40) years old and is either identified with the history of a product, business or service advertised or is integrated into the architectural style of the building on which located.
2. Recognized as a popular focal point of the area by reason of its prominent location, long existence, retro appearance or unusual design, and that exemplifies the City's cultural or architectural history.
D. Removal Of Abandoned, Hazardous Or Illegal Signs:
1. If, upon inspection, a sign is determined to be abandoned; structurally, materially or electrically defective; illegal or in any way endangers the public, the Zoning Administrator or designee will issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring repair or removal of the sign within fifteen (15) days of the date of the order. Such order shall notify the owner of his right to a hearing before the Zoning Administrator or designee within a fifteen (15) day period and warn that the offending sign may be removed or otherwise altered by the City upon expiration of such period. If the sign has not been removed at the conclusion of the fifteen (15) days, it is subject to removal by the City at the owner's expense, including administrative costs. Alternatively, if removal is not feasible or would be unduly expensive in the opinion of the Zoning Administrator or designee, the sign may be covered over with an opaque material. Any removal, covering or other action taken by the City shall be done in the presence of a Whitefish police officer, which shall prepare a report of what occurred. After removal or demolition of this sign, a notice shall be mailed to the sign owner stating the nature of work, the date on which it was performed and requiring payment of the costs as certified by the Zoning Administrator or designee together with an additional ten percent (10%) fee for inspection and incidental costs. It shall be unlawful for any person to: a) interfere with any City employee who removes, covers or takes any other action regarding a sign as permitted by this section; b) reinstall a sign that has been removed; or c) remove a cover installed over a sign. If a sign is reinstalled after its removal, or uncovered after it has been covered, the City may again remove it, or recover it, without further notice.
2. If the amount specified in the notice is not paid within thirty (30) days of the notice, it becomes a lien against the property of the sign owner and will be certified as an assessment against the property for collection in the same manner as the Real Estate Taxes. In the case where a sign is proposed to be located, constructed, maintained, repaired, altered or otherwise used in violation of this title, the sign shall constitute a nuisance. The City may, as an alternative to other remedies that are legally available, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, temporarily or permanently abate or remove the unlawful location, construction, maintenance, repair, alteration or use.
E. Violation: The Zoning Administrator or designee will send notice of a violation of these regulations to the business address and the property owner, if different, when a violation of this chapter is observed. The owner will have fifteen (15) days to correct the violation. If the violation is not remedied, the Zoning Administrator or designee shall treat the violation as a Municipal infraction, or alternatively, shall direct the City Attorney to issue a civil complaint and a summons or initiate a criminal prosecution, or both. A violation of these sign regulations shall constitute a misdemeanor and shall constitute a Municipal infraction. The criminal fine and civil penalty for a violation of this chapter shall be one hundred dollars ($100.00). Each day that a violation remains after notice to the owner as described above, shall constitute a separate violation of these sign regulations. An owner who has been previously convicted of, or has previously been assessed a civil penalty for, the same or similar offense shall be fined (or assessed a civil penalty) five hundred dollars ($500.00) for each further violation, with each day after notice constituting a separate violation.
F. Removal Of Temporary Signs: As an alternative to the procedures set forth in subsections D and E of this section, the Zoning Administrator or designee shall be authorized to physically remove any temporary signs determined to be in violation of the zoning jurisdiction regulations without prior notice to the owner of the sign. With respect to all temporary signs that are physically removed, such signs may be disposed of, but a notice of the right to reclaim the sign shall be sent by first class mail to the owner, if known, thirty (30) days prior to disposal. The City may charge a storage and handling fee for signs left longer than one week. Temporary signs shall include, but not be limited to, garage sale signs, real estate "for sale", "for rent", or "open house" signs, banners, "A" frame signs, signs attached to public property, and other signs that were authorized by a temporary sign permit that has expired. A temporary sign whose physical removal is authorized by this subsection may, after appropriate notice, be disposed of through destruction, placement in a solid waste receptacle, or other means. It shall be lawful for the Zoning Administrator or designee to enter upon private property to physically remove a sign pursuant to this subsection unless such entry would cause significant physical damage or a breach of the peace. (Ord. 19-03, 2-4-2019)