Chapter 17.40
SIGNS
Sections:
17.40.030 Signs permitted without a permit.
17.40.050 Area computation--Permitted deviations.
17.40.060 Application procedure.
17.40.070 Construction specifications and indemnification.
17.40.080 Acceptable materials.
17.40.090 Nonconforming signage.
17.40.100 Appeals of town council decision regarding sign permits with deviations.
17.40.110 Appeals of zoning administrator decision regarding sign permits without deviations.
17.40.010 Intent.
The intent of this chapter is to provide a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards. By establishing regulations for signs, the intent of this chapter is to:
A. Promote the general health, safety, and welfare of the public.
B. Protect property values through eliminating visual clutter and light intrusion.
C. Create a more attractive economic and business climate.
D. Enhance the physical appearance and respect the identity of the community.
E. Reduce hazards, obstructions and distractions that may endanger persons and contribute to vehicular accidents.
F. Encourage the protection of historic resources.
G. Protect the area’s natural scenic beauty.
H. Provide all businesses an equal opportunity to display signage adequate for people to locate the goods and services they desire. (Ord. 276 Exh. 1, 2024)
17.40.020 Definitions.
Words and phrases used in this chapter shall have the meanings set forth in this section.
A. "A" Definitions.
"Abandoned/obsolete sign" means any sign, including all structural, support and other componential elements, which advertises a business no longer in operation; a lessor, owner, product or activity conducted or product available on the premises that is no longer available where the sign is displayed; or an off-premises sign which is vacant of copy or which advertises an establishment, goods or services which no longer exist. Excluding signs that have been designated by the town of West Yellowstone or which is listed on the National Register of Historic Places.
"Address sign" means any sign displaying the name and/or location of the occupant/tenant of the property, building, or subdivision.
"Animated sign" means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means. This includes a skydancer, air dancer, inflatable man, or any other similar air filled or propelled stationary attractant, or any item commonly referred to as a "wacky waving inflatable tube man."
"Architectural decoration" means decorative or architectural features integral to the design of a building, except moving parts, flashing lights, or letters or trademarks indicating a use or business housed within the building.
"Awning" means a roof-like structure composed of a skeletal frame, covered with a fabric or similar material, and that projects beyond the wall of a building, generally constructed to provide protection from the weather.
"Awning sign" means a sign attached to, printed on, or made part of an awning.
B. "B" Definitions.
"Banner sign" means an advertising sign intended to be hung without a frame, that can be indented with the touch of a finger, and is generally made of paper, plastic, vinyl, or fabric.
"Beacon light" and "strobe light" means any light source with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate, flash, or move.
"Billboard sign" means an off-premises sign that is two hundred square feet or larger that advertises a business, service, or location that is not located within the town of West Yellowstone.
C. "C" Definitions.
"Canopy sign" means a sign attached to or constructed in or on a canopy.
"Changeable copy sign" means a sign or portion thereof with letters or numbers that can be periodically changed or rearranged without altering the face of the sign.
"Construction/artisan signs" means temporary signs of contractors or artisans displayed during the period during which such contractors or artisans are performing work on the property upon which such signs are displayed.
D. "D" Definitions.
"Directional or instructional sign" means a permanently erected and incidental sign designed to guide or direct pedestrian or vehicular traffic. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility.
"Drive-thru sign" means a sign used by a business providing drive-thru service to communicate to customers using the drive-thru located on the same premises as the sign.
E. "E" Definitions. Reserved.
F. "F" Definitions.
"Feather sign" means a sign constructed in whole or in part of lightweight material which is designed to, or which actually does, wave or move in the wind, and which does not meet the definition of a flag or banner sign.
"Flag" means a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation, state, political subdivision, or organization.
"Freestanding sign" means a sign erected on a freestanding frame, mast or pole, not attached to a building, and located on the property where the business advertised on the sign face is located.
G. "G" Definitions.
"Garage sale sign" means a sign used to advertise a garage sale or yard sale.
"Government sign" means a sign placed or erected by a governmental agency or nonprofit civic association for a public purpose in the public interest for control of traffic and for other regulatory purposes; street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger; and aids to service and safety which are erected by or for the order of government. Government signs include notice signs for meetings, events, or general information which is to be provided to the general public. This does include location of government and emergency services location.
"Governmental insignia signs" means flags, banners, symbols or other insignia of any governmental body or political subdivision.
H. "H" Definitions.
"Historic sign" means a sign which has historical or cultural significance to the town of West Yellowstone or which is listed on the National Register of Historic Places. This includes historic signs associated with the National Park Service or Yellowstone National Park.
"Holiday decorations" means noncommercial signs or other materials displayed on traditionally accepted civic, patriotic, and/or religious holidays.
I. "I" Definitions.
"Identification signs" means signs bearing only property numbers, postbox numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
"Illuminated sign" means a sign that uses a source of light to make the message readable, including signs that are either internally or externally lighted and signs that may be reflecting, glowing, or radiating by virtue of another light source. This includes any sign that is illuminated by light-emitting diode (LED) lights.
"Information signs" means signs directing, informing, or guiding pedestrians or vehicles on public or private property, whether erected by public or private bodies, and bearing no advertising matter.
"Interior sign" means a sign which is fully located within the interior of any building or within an enclosed lobby or court of any building.
J. "J" Definitions. Reserved.
K. "K" Definitions. Reserved.
L. "L" Definitions. Reserved.
M. "M" Definitions.
"Marquee sign" means a sign attached to or part of a marquee, which is a permanent roof-like structure projecting beyond the wall of a building and generally designed to provide protection from the weather.
"Master signage plan" means a combined proposal for all signs on two or more contiguous lots, or for all signs on one lot with two or more uses or business establishments.
"Menu sign" means a sign that displays a list of food products offered by a business.
"Message center sign" means a sign containing a display that can be changed by a manual, mechanical, electrical, electronic, and/or a computerized process.
N. "N" Definitions.
"Neon sign" means any illuminated sign using bent glass tubes for the copy.
O. "O" Definitions.
"Obscene sign" means a sign that contains offensive language, is hate based, is discriminatory, or on which the dominant theme of material taken as a whole appeals to a prurient interest in sex, illicit drugs, or other such subject, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, illicit drug use, or other related subjects, and is without redeeming social value.
"Off-premises sign" means any sign that normally advertises a business, service, or good, that is located within West Yellowstone, that is not located on the same lot as the sign advertising the business, service, or good.
P. "P" Definitions.
"Political sign" means a temporary sign intended to advance a political statement, cause, or candidate for office. Political signs are erected in conjunction with campaigns for elected public office and are erected no sooner than sixty days prior to the election and removed no later than fifteen days following the election.
"Portable sign" means a sign not permanently attached to the ground or to a permanent structure.
"Projecting sign" means a sign that is attached to a structure, building face, or pole and projects over a public right-of-way.
"Public notice signs" means official government notices, legal notices, "No Trespassing" signs, and signs which indicate the private nature of a road, driveway, or property.
Q. "Q" Definitions. Reserved.
R. "R" Definitions.
"Real estate sign" means a temporary sign that is used to advertise the fact that a property is for sale, lease, or rent.
"Roof sign" means a sign constructed wholly on and over the roof of a building.
S. "S" Definitions.
"Sale sign" means a sign advertising a reduction in price, a value deal such as "buy one get one," "buy three and the fourth is free," "going out of business sale," or any other similar messaging.
"Sidewalk sign" means a temporary and movable, nonilluminated sign placed on the public right-of-way immediately in front of the business establishment it serves, and displayed only during business hours.
"Skylights" and "searchlights" means lights used to illuminate the sky for the purpose of drawing attention to a business or event.
"Special event sign" means a sign promoting a community-wide event that happens during a discrete time that does not happen on a year-round basis.
"Suspended sign" means a sign suspended from the underside of a horizontal surface.
T. "T" Definitions. Reserved.
U. "U" Definitions. Reserved.
V. "V" Definitions.
"Vacancy/open/office signs" means signs that advertise "Vacancy," "No Vacancy," "Open," "Closed," and "Office."
"Vehicle sign" means a sign that is attached to or placed in or on a truck, bus, car, trailer, boat, recreational vehicle, or any other vehicle. Vehicle signs shall exclude bumper stickers, license plates, and inspection and registration stickers.
W. "W" Definitions.
"Wall sign" means a sign affixed to a building or wall in such a manner that the sign face is parallel to the building or wall. For gasoline service stations and similar uses, signs on the fascia of a protective canopy and signs attached to objects or apparatus beneath the canopy shall be considered as wall signs.
"Window sign" means a sign that may include lettering, pictures or symbols, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or affixed to the glass and is visible from the exterior of the window.
"Works of art" means works of art which in no way identify or advertise a person, product, service, or business; also religious symbols and commemorative plaques shall be exempt from obtaining a sign permit.
X. "X" Definitions. Reserved.
Y. "Y" Definitions. Reserved.
Z. "Z" Definitions. Reserved. (Ord. 276 Exh. 1, 2024)
17.40.030 Signs permitted without a permit.
The following signs are permitted in all zoning districts and do not require a permit. When a sign is proposed that meets the definition of the signs included in this section but exceeds the size or number requirements of this section they shall be required to obtain a sign permit from the town of West Yellowstone. None of these signs are allowed to be placed within the public right-of-way without an encroachment permit from the relevant agency.
A. Architectural decoration.
B. Commercial Real Estate Sign. Commercial real estate signs which do not exceed thirty-two square feet.
C. Contractor or Artisan Signs.
1. Number. Each business working on the lot may have one sign.
2. Area. Maximum total area of any contractor or artisan sign shall be six square feet.
3. Placement. The contractor or artisan signs may be attached to fencing on the property or placed upon a temporary base or support structure.
4. Time Limitation. The sign may be placed during the duration of construction when associated with an approved building permit. If there is not a building permit associated with any work occurring the sign may be placed for ten days.
D. Flags. Each lot in West Yellowstone is allowed one flag per abutting public street.
E. Government signs.
F. Governmental Insignia. Except when displayed in connection with commercial promotion or when a governmental insignia item is for sale to the general public.
G. Holiday Decorations. Only when displayed during the normal holiday season.
H. Identification Signs. The area of such signs shall not exceed one square foot.
I. Information Signs. The area of such signs shall not exceed two square feet.
J. Notice signs.
K. Open Signs.
1. One open sign per public entrance per valid business license.
2. The area of such sign shall not exceed three square feet.
L. Political sign.
M. Preexisting Signs. Any sign erected prior to the effective date hereof that was permitted by the town of West Yellowstone shall be exempt from the requirements set forth herein. However, any subsequent alteration to a preexisting sign that results in any alteration to its external appearance shall cause the sign to be subject to regulation by this chapter.
N. Residential Real Estate Sign. Residential real estate signs which do not exceed six square feet in area. (Ord. 276 Exh. 1, 2024)
17.40.040 Sign regulations.
A. Prohibited Signs. The following signs are prohibited in all districts within West Yellowstone:
1. Abandoned/obsolete signs.
2. Animated sign.
3. Beacon lights and strobe lights.
4. Billboard signs.
5. Obscene sign.
6. Off-premises sign.
7. Portable sign.
8. Roof signs.
9. Skylights and searchlights.
B. Abandoned/Obsolete Signs. The following regulations apply to abandoned and obsolete signs:
1. When the town manager or designee determines a permitted sign is an abandoned or obsolete sign, the town manager, or designee, shall notify the sign owner of the violation and require remedial action within sixty days. If such action is not taken, the permit will be revoked and action for the removal of the sign will be taken as provided in Section 75-15-131, MCA. An extension of time to accomplish the work may be granted at the sole discretion of the town manager upon written request from the sign owner stating the reason(s) for the request.
2. A sign is in disrepair if the structure is unsafe or if the sign face is not visible from a public right-of-way.
C. All Districts. Each allowable size, number, and placement is unique to each parcel. Owners of contiguous parcels shall not be able to compile their allowable signage onto any other parcel, regardless of the number of contiguous parcels owned. The following signs require permits and must comply with the following regulations:
1. Awning Signs.
a. Area. Awning signs shall be calculated as wall signs. Awning signs shall not be allowed above the first floor of a building.
2. Changeable Copy Signs. Changeable copy signs are permitted in all but residential districts. This permitted use is contingent upon the continued maintenance of the copy or reader board and the prompt updating of information and replacement of missing letters or numbers to avoid the blighting influence of poorly maintained changeable copy signs.
3. Freestanding Signs. Freestanding signs shall not be placed within the sight distance triangle required for traffic safety including any corners created by alleys.
4. Historic Signs. Any sign that can be demonstrated to have been erected at least thirty-five years prior to the effective date hereof shall be exempt from the requirements set forth herein, so long as the sign is restored to and continues to be maintained in its original condition. Applicants for historic sign designations must be granted a historic sign permit as per Section 17.40.060.
5. Illuminated Signs. An illuminated sign or lighting device must emit a light of constant intensity, and no sign may be illuminated by or contain flashing, intermittent, rotating or moving lights. Portions of a sign that indicate the current time or temperature shall be allowed to have intermittent illumination. No illuminated sign or lighting device may be placed or directed so that the illumination therefrom causes glare or reflection beyond the property lines of the lot. No exposed light bulbs except Christmas decoration.
a. Illuminated sign brightness shall not exceed the maximum luminance level of seven hundred cd/m2 or nits, or seven hundredths of a lumen at least one-half hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, for West Yellowstone. All illuminated signs comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions.
6. Marquee Signs. Marquee signs shall be calculated as wall signs.
7. Master Signage Plan.
a. Sign Applications. Sign applications eligible for consideration as part of a master signage plan may, at the discretion of the town manager or designee, be required to be submitted as a master signage plan.
b. Projecting Signs. Where projecting signs are permitted in a district, the maximum number of projecting signs in a master signage plan shall be one per use or business establishment.
c. Freestanding Signs. Where freestanding signs are permitted in a district, the maximum number of freestanding signs for all uses or business establishments included in a master signage plan shall not exceed one unless there are multiple frontages and the proposed signage does not exceed the maximum total area.
d. Maximum Total Area. For each business establishment greater than one that is included in a master signage plan, the maximum total area of all signs permitted under the master signage plan shall increase by twenty-five percent over the total sign area permitted for one use in that district. However, the total area of any individual sign shall not exceed the total area for individual signs permitted in that district, and the maximum height of any sign shall not exceed the maximum sign height permitted in that district.
8. Animated Signs. No sign or portion thereof may consist of or contain moving devices, including, but not limited to, banners, pennants, ribbons, streamers, or spinners.
9. Signs on Multiple-Frontage Lots. Lots fronting on two or more streets are allowed the permitted sign area for the initial building frontage, and each subsequent building frontage shall be allowed a maximum of twenty-five percent of the permitted sign area for the initial frontage. The primary frontage shall be calculated based on the official 911 emergency services address.
10. Portable Signs. Portable signs, except for sidewalk signs, are prohibited in all districts. Portable signs that have changeable copy are allowed up to thirty days per organization, unless the portable sign is a public notice sign as defined in Section 17.40.020.
11. Suspended Signs. Suspended signs shall be calculated as wall signs or projecting signs, depending on their orientation in relation to the surface of the building to which they are attached.
12. Special Event Sign. Special event signs may be put up no more than fourteen days in advance of the event the sign is advertising and must be removed within seven days following the conclusion of the event. For events over multiple weeks the first event and the last event shall be the dates considered for the time limitations.
13. Vehicle Signs. Vehicle signs may not be parked on any public right-of-way when the purpose of the vehicle is primarily for signage. When the promotion of a product is secondary to another main use, such as delivery of goods or services, the vehicle may be parked on the public right-of-way in conformance with all other town of West Yellowstone codes.
14. Wall Signs. A wall sign shall not project more than one foot from the face of the building to which it is attached. A wall sign attached to the fascia of a protective canopy shall not project horizontally or vertically beyond the edges of the fascia. A wall sign attached to an object or apparatus underneath a protective canopy shall not project horizontally or vertically beyond the edges of the object or apparatus to which it is attached.
D. All Residential Districts. When submitting a conditional use permit and the applicant wishes to have a sign the application shall be reviewed concurrently with the conditional use permit.
1. Maximum total area of all signs on a lot for conditional uses shall be eight square feet.
E. B-3 Central Business District and Downtown Overlay District.
1. Area. Maximum total area of all signs on a lot shall be two and one-half square feet per lineal foot of lot frontage.
2. Banner Signs.
a. Number. Each lot may have up to one banner sign.
b. Area. Maximum total area of a banner sign shall be twenty-four square feet.
c. Placement. Banner signs must be firmly attached to the side of a building. They may not extend or flap in the window over the public right-of-way.
3. Drive-Thru Signs.
a. Number. Maximum number permitted on a lot shall be one sign.
b. Maximum Total Area. Maximum total area of a drive-thru sign is nine square feet.
c. Height. Drive-thru signs are permitted with a maximum height of eight feet.
4. Feather Sign.
a. Number. Each lot that does directly abut a public right-of-way may have one feather sign.
b. Area. Maximum total area of any feather sign is fifteen square feet.
c. Height. Maximum height of any feather flag shall be ten feet. Height shall be measured based on the pole height of the feather flag.
d. Placement. Any feather sign shall be placed on the ground and not extend into the public right-of-way.
5. Menu Signs. Menu signs shall be calculated and reviewed as a wall sign in the B-3 district and downtown overlay district.
6. Neon Signs. Neon signs shall be calculated and reviewed as a wall sign in the B-3 district and downtown overlay district.
7. Projecting Signs.
a. Maximum Number. Maximum number permitted on a lot shall be two.
b. Maximum Total Area. Maximum total area of all projecting signs shall be twenty-four square feet.
c. Height--Clearance.
i. Maximum height of any projecting sign shall not exceed twenty-four feet.
ii. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
iii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
8. Sidewalk Signs.
a. Maximum Number. Maximum number permitted shall be one per valid business license.
b. Maximum Total Area. The area of a sidewalk sign shall not exceed six square feet.
c. Placement. It shall be placed in a manner that does not interfere with the flow of pedestrian traffic.
9. Wall signs.
10. Window Signs.
a. Area. Permanent window signs may cover no more than fifty percent of the surface area of the window or door on which such signs are placed.
11. Freestanding Signs.
a. Number. Maximum number permitted on a lot shall be one per frontage on a public street, not to include alleys.
b. Height--Clearance. Freestanding signs are permitted with a maximum height of the district in which the sign is located.
i. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
ii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
12. Illumination. Internally and externally illuminated signs are permitted in this district.
13. Setback. No sign shall be placed within public right-of-way unless it extends over the right-of-way in conformance with this chapter.
F. B-4 Expanded Business District.
1. Area. Maximum total area of all signs on a lot shall be two and one-half square feet per lineal foot of lot frontage.
2. Feather Sign.
a. Number. Each lot that does directly abut a public right-of-way may have one feather sign.
b. Area. Maximum total area of any feather sign is fifteen square feet.
c. Height. Maximum height of any feather flag shall be ten feet. Height shall be measured based on the pole height of the feather flag.
d. Placement. Any feather sign shall be placed on the ground and not extend into the public right-of-way.
3. Menu Signs. Menu signs shall be calculated as a wall sign in the B-4 district.
4. Neon Signs. Neon signs shall be calculated and reviewed as a wall sign in the B-4 district and downtown overlay district.
5. Projecting Signs. Projecting signs are permitted in this district.
a. Number. Maximum number permitted on a lot shall be two.
b. Area. Maximum total area of all projecting signs shall be twenty-four square feet.
c. Height--Clearance. Maximum height of any projecting sign shall be eighteen feet.
i. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
ii. Signs that extend over a driveway, an alleyway or pavement shall have a minimum height of fourteen feet to the bottom of the sign.
6. Wall signs.
7. Freestanding Signs.
a. Number. Maximum number permitted on a lot shall be one per frontage on a public street, not to include alleys.
b. Height--Clearance. Freestanding signs are permitted with a maximum height of the district in which the sign is located.
i. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
ii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
8. Illumination. Internally and externally illuminated signs are permitted in this district.
9. Setback. No sign shall be placed within public right-of-way unless it extends over the right-of-way in conformance with this chapter.
G. M-1 Light Industrial District.
1. Area. Maximum total area of all signs on a lot shall be two and one-half square feet per lineal foot of lot frontage.
2. Feather Sign.
a. Number. Each lot that does directly abut a public right-of-way may have one feather sign.
b. Area. Maximum total area of any feather sign is fifteen square feet.
c. Height. Maximum height of any feather flag shall be ten feet. Height shall be measured based on the pole height of the feather flag.
d. Placement. Any feather sign shall be placed on the ground and not extend into the public right-of-way.
3. Projecting Signs. Projecting signs are permitted in this district.
a. Number. Maximum number permitted on a lot shall be one per street frontage.
b. Area. Maximum total area of any projecting sign shall be twenty-four square feet.
c. Height--Clearance.
i. Maximum height of any projecting sign shall be fifteen feet.
ii. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
iii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
4. Wall signs.
5. Freestanding Signs.
a. Number. Maximum number permitted on a lot shall be one per frontage on a public street, not to include alleys.
b. Height--Clearance. Freestanding signs are permitted with a maximum height of the district in which the sign is located.
i. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
ii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
6. Illumination. Internally and externally illuminated signs are permitted in this district.
H. E-2 Entertainment District.
1. Area. Maximum total area of all signs on a lot shall be two and one-half square feet per lineal foot of lot frontage.
a. Feather Sign.
i. Number. Each lot that does directly abut a public right-of-way may have one feather sign.
ii. Area. Maximum total area of any feather sign is fifteen square feet.
iii. Height. Maximum height of any feather flag shall be ten feet. Height shall be measured based on the pole height of the feather flag.
iv. Placement. Any feather sign shall be placed on the ground and not extend into the public right-of-way.
2. Neon Signs. Neon signs shall be calculated and reviewed as a wall sign in the E-2 district.
3. Projecting Signs. Projecting signs are permitted in this district.
a. Number. Maximum number permitted on a lot shall be one per street frontage.
b. Area. Maximum total area of any projecting sign shall be twenty-four square feet.
c. Height--Clearance.
i. Maximum height of any projecting sign shall be fifteen feet.
ii. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
iii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
4. Wall Signs. Maximum square feet of signage per linear foot of building frontage: two.
5. Freestanding Signs.
a. Number. Maximum number permitted on a lot shall be one per frontage on a public street, not to include alleys.
b. Height--Clearance. Freestanding signs are permitted with a maximum height of the district in which the sign is located.
i. Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet.
ii. Signs that extend over a driveway, an alleyway, or pavement shall have a minimum height of fourteen feet to bottom of sign.
6. Illumination. Internally and externally illuminated signs are permitted in this district.
I. PLI Public Lands and Institutions District.
1. Area. Maximum total area of all signs on a lot shall be two and one-half square feet per lineal foot of lot frontage.
2. Special Event Signs.
a. Number. Each lot is allowed one special event sign.
b. Area. Maximum total area of any special event sign shall be fifty square feet.
c. Height. Maximum height of any special event sign shall be fifteen feet.
d. Placement. The sign shall be placed outside of the vision triangle of corner lots, including corner lots created by an alley.
J. T Transitional District.
1. Area. Maximum total area of all signs on a lot shall be two and one-half square feet per lineal foot of lot frontage.
2. Special Event Signs.
a. Number. Each lot is allowed one special event sign.
b. Area. Maximum total area of any special event sign shall be fifty square feet.
c. Height. Maximum height of any special event sign shall be fifteen feet.
d. Placement. The sign shall be placed outside of the vision triangle of corner lots, including corner lots created by an alley. (Ord. 276 Exh. 1, 2024)
17.40.050 Area computation--Permitted deviations.
A. Computation of Sign Area.
1. Measurement of Sign Area. Sign area shall comprise the length times the width of a sign at the outside edge. Circular or other alternative shapes shall not exceed maximum square footage.
2. Area of Multifaced Sign. The area of a sign with more than one face shall be computed by using the length times the width of each face visible from any one point, unless the copy on each side of the sign is identical, then only one face shall be used for the area computation.
B. Permitted Deviations From Sign Regulations.
1. Exceptional Cases. To accomplish the purpose of this chapter, and to produce an environment, landscape quality or architectural character superior to that produced by the standard sign regulations, in exceptional cases it may be necessary to deviate from the strict application of the sign regulations prescribed herein.
2. Recommendation of Planning Board. In such exceptional cases, the planning board may recommend and the town council may authorize deviations beyond or below minimum or maximum standards for signs, respectively, if it is demonstrated in the submittal that the deviation will produce an environment, landscape quality or architectural character superior to that produced by the standard sign regulations.
3. Application. An application for deviation shall be subject to the submittal and approval requirements of Section 17.40.060 and shall be accompanied by sufficient documentation to illustrate the superior environment, landscape quality or architectural character that the deviations will produce, over and above compliance with the standard sign regulations. (Ord. 276 Exh. 1, 2024)
17.40.060 Application procedure.
A. Permit Required. Prior to placing, erecting, or modifying any sign requiring a permit under this chapter, the owner of the lot shall obtain a sign permit.
B. Fee Required. At the time of submission the fee as prescribed by the town of West Yellowstone fee schedule shall be paid. Any sign that is placed prior to approval of a sign permit shall pay double the associated fee, the amount of which shall be set and amended as necessary by resolution. No permits shall be reviewed or issued unless or until such fee is paid in full. The fee schedule can be found at the Town Hall of West Yellowstone.
C. Required Documentation. The application for a sign permit shall consist of:
1. A letter of intent stating the owner’s name and address.
2. Accurate, scaled, color drawing of the proposed sign or signs.
3. An accurate, scaled drawing of the proposed location of the sign or signs on the building(s) and lot(s).
4. Where one or more deviations are requested, sufficient explanation of the result to be obtained from the proposed deviation, in comparison to compliance with the standard sign regulations, to allow the planning board and town council to make a reasoned decision on the application.
5. The application for a sign permit shall be accompanied by a fee.
D. Submittal to Council. Applications for sign permits shall be submitted to the town council, which shall review applications as follows:
1. Applications Not Requesting Deviations. The town manager or designee shall review the application materials and, upon finding that the application materials are complete and that the proposed sign or master signage plan conforms to the intent and regulations of this chapter, may approve, approve with conditions, or deny an application for a sign permit without deviations.
2. Applications Requesting Deviations. For an application with deviations, the planning board shall hold a public hearing on the proposed sign or master signage plan. At the public hearing, interested parties and citizens shall have an opportunity to be heard. Following the public hearing, the planning board shall make a recommendation to the town council, which shall also hold a public hearing prior to making a decision for approval, approval with conditions, or denial.
E. Notice of Hearing. Notice of the public hearings for a sign permit before the planning board and town council shall be prominently posted on the front of the lot where the proposed sign is to be installed. Such notice shall be posted at least fifteen days prior to the public hearing and shall remain posted until the public hearing is closed.
F. Master Signage Plan. Application and review procedures for a master signage plan shall be the same as for a single sign permit.
G. Historic Sign Permit. Applicants requesting designation of a sign as a "historic sign" shall be required to document, for review by the planning board, the date when the sign was erected and the dates of subsequent alterations. Historic sign applications are subject to the public hearing procedures of this section. (Ord. 276 Exh. 1, 2024)
17.40.070 Construction specifications and indemnification.
A. All signs shall comply with the appropriate detailed provisions of the building code relating to design, structural members, and connections. Signs shall also comply with the provisions of the National Electrical Code and the additional construction standards hereinafter set forth in this section.
B. At the discretion of the building official, town manager, or their designee sign applicants may have to adhere to the auxiliary construction specifications below:
1. The building inspector may impose requirements on the construction of signs to satisfy or comply with weight and wind load requirements, distance from overhead electrical conductors, and safety concerns with regard to materials used.
2. No sign shall be placed or maintained in any manner which will interfere with any opening required for ventilation.
3. A parapet wall or roof must be designed for and have sufficient strength to support any sign which is attached thereto.
C. Every sign shall be maintained in a safe, presentable, and good structural material condition at all times. Such maintenance shall include repair, replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The public services superintendent or their designee shall have the authority to order the painting, repair, alteration, or removal of signs which become dilapidated or are abandoned, or which constitute physical hazard to the public safety.
D. The town and its agents shall in no way be liable for negligence or failure of the owner, or the person responsible, for any damage caused by defective conditions related to a sign within the town. (Ord. 276 Exh. 1, 2024)
17.40.080 Acceptable materials.
All signs within town limits shall be made of a durable rigid material that will not degrade due to exposure to the weather. The following sign types are excluded from this requirement:
A. Banner signs.
B. Construction/artisan signs.
C. Feather signs.
D. Flags.
E. Garage sale signs.
F. Special event sign.
G. Window sign.
H. Works of art. (Ord. 276 Exh. 1, 2024)
17.40.090 Nonconforming signage.
The intent of this section is to eliminate existing signs that are not in conformity with the provisions of this chapter.
A. Except as otherwise provided within this section, the owner of any lot or other premises on which a sign exists that does not conform with the requirements of this chapter and for which there is no prior, valid sign permit must remove such sign.
B. All signs which were legally permitted prior to September 3, 2024, are considered legal, permitted signs under this chapter. Except as provided for in subsection D of this section, such signs, if nonconforming with this, must not be:
1. Replaced, except with a conforming sign;
2. Structurally altered to extend its useful life unless the structural alteration is needed to protect safety or the public or property; or
3. Expanded, moved, or relocated except as allowed below.
C. No legal, nonconforming sign may be altered or enlarged in any way which increases its nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity.
D. Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided below, until all signs on the lot are brought into conformance with this chapter. The exceptions listed below do not apply to off-premises signs.
1. A sign legally permitted prior to September 3, 2024, which must be relocated due to a physical alteration to the sign or expansion of a public right-of-way. (Ord. 276 Exh. 1, 2024)
17.40.100 Appeals of town council decision regarding sign permits with deviations.
Any person or persons, jointly or severally aggrieved by any decision of the town council, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision of the office of the board. (Ord. 276 Exh. 1, 2024)
17.40.110 Appeals of zoning administrator decision regarding sign permits without deviations.
Any person or persons, jointly or severally aggrieved by any decision of the building official, may present to the board of adjustment a petition, duly verified, setting forth that such decision is unfounded, in whole or in part, specifying the grounds of the complaint. Such petition shall be presented to the board of adjustment within thirty days after the filing of the decision of the zoning administrator. (Ord. 276 Exh. 1, 2024)
17.40.120 Penalty.
A violation of this chapter in part or in whole is considered a municipal infraction subject to the processes and penalties in Sections 1.12.010 and 1.12.020. (Ord. 276 Exh. 1, 2024)
17.40.130 Chapter review.
This chapter may be subject to an automatic review every two years. (Ord. 276 Exh. 1, 2024)