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HomeMy WebLinkAbout01/20/2005CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 16, 2004 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair Plummer at 7:00 pm. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Commission Members Absent: Staff Members Present: Marian McNamee Alan White, Community Development Director Travis Crane, Planner Ann Lazzeri, Recording Secretary Following is the official set of Planning Commission minutes for the public heating of December I 2004. A set • these minutes is retained both in the office of the City Clerk and in the Community Development Department • the City of Wheat Ridge. I 'was U111 Men r0mMir, to approve the agenda as presented. The motion passed unanimously. Planning Commission Page I December 16,2004 6. PUBLIC FORUM There were none present who wished to address the Commission during this portion of the meeting. 7. STUDY SESSION Following discussion of the ordinance, the following direction was given: It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that pole heights in all residential areas be limited to 15 feet and up to 60 feet for recreational and sports facilities. The motion passed 7-0 with Commissioner McNAMEE absent. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART that staff research and pursue retrofit of existing streetscape pedestrian lights into compliance with this ordinance. The motion passed 7•0 with Commissioner McNAMEE absent. In order to review the amended ordinance, it was moved by Commissioner MeMILLIN and seconded by Commissioner STEWART to continue the hearing on Case No. ZOA-04-04 to January 20, 2005. The motion passed 7-0 with Commissioner McNAMEE absent. Because there were no cases scheduled to come before the Commission on January 6, it was Z f moved by Commissioner McMILLIN and seconded by Commissioner STEWART to Planning Commission Page 2 December 16, 2004 cancel the January 6, 2005 Commission meeting. The motion passed 7-0 with Commissioner McNAMEE absent. Commissioner WESLEY asked if any progress had been made to study traffic on 32 Avenue between Kipling and Wadsworth. Alan White replied that, to date, there has been no such direction from City Council. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner CHILVERS and seconded by Commissioner STEWART to adjourn the meeting at 8:50p.m. The motion passed unanimously. Phil Plummer, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 3 December 16, 2004 City • Wheat Ridge Community Development Department Memorandum This Case is: Bosom= X Legislative . M=# MINI EMMMCE30M This ordinance was reviewed at the last regular Planning Commission meeting. The item was continued for further clarification of the changes. Attached is the revised ordinance, with the latest clarifications shown in bold text. WN I'M NXIO 0 111 I . The existing lighting standards are not quantifiable and difficult to enforce. 2. A problem concerning light pollution has been identified, and staff feels more strict regulations are needed. 3. The proposed changes should diminish light pollution and allow staff to identify offenders." INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXTERIOR LIGHTING STANDARDS. 4 - ?WVVCbUT tresMass of light to adjacent properties; and WHEREAS, practical and effective measures exist to minimize the obtrusive aspects of excessive and careless outdoor light usage, while preserving safety, securit and the nighttime use and enjoyment of property; and WHEREAS, effective regulation ♦ outdoor lighting can increase the usage of and inappropriately directed lighting; and WHEREAS, The City Council desires to enact measures that will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-503 of the Wheat Ridge Code of La ws is hereby repealed in its entirety. Section 2. Section 26-503 of the Wheat Ridge Code of Laws is hereby reenacted as follows: Section 26-503. Exterior Lighting Standards 2. Maximum allowable pole height for pole-mounted lighting shall be fifteen (15) feet in the R- 1, R- I A, R- I B, R- I C, and R-2 zone districts and in the A- I and A-2 zone districts. All outdoor lighting for all uses other than single and two family uses shall meet the following standards: External and internal lighting shall be shielded such that the source of illumination (bulb, lens or reflector) is not visible from any adjacent property, except for approved streetscape lighting, temporary holiday decorations, • as otherwise provided herein. 2. Off-site spill shall be limited to a maximum of 0. 1 foot-candle fifteen (15) feet past the property line on any adjacent non-resi dential property, and 0. 1 foot-candle five (5) feet past the property line adjacent to residential property • public right-of-way, as measurable from any orientation of the measuring device. 4. If the bulb position within a fixture is vertical, any or all of the following may be required: N ♦ The lighting • a building faqade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions, unless otherwise approved through the Final Development Plan or Site Plan process: a. Upward aimed building faqade lighting shall not exceed nine hundred lumens. All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mountef, as flush to a wall as possible. b. Building fa�ade lighting exceeding nine hundred lumens shall be fully shielded, aimed downward, and mounted as flush to the wall as possible. c. Building faqade lighting shall be fully contained within the vertical surface of the wall being illuminated and shall not be aimed at a reflective surface, d. Building faqade lighting that is measurable at the ground level shall included in the maximum allowable light levels. I 7. Non IES approved cut-off fixtures which use incandescent bulbs of 150 watts • less, or the equivalent lumens output from another permitted bulb type, may be permitted to illuminate landscape plantings, pedestrian walkways, signage, or product display areas. a. Fifteen (15) feet in the R-2A, R-3 and R-3A zone districts. b. Twenty (20) feet for all uses adjacent to residential uses c. Twenty-five (25) feet in commercial and industrial zone districts d. Sixty (60) feet for outdoor recreation facilities regardless • zone district 9. All fixtures mounted within 15 feet of any residential property line or public right-of-way boundary of the site shall be classified as IES Type 111, Type I IV or Type F (asymmetric forward throw) and shall be fitted with shielding on the side facing the residential or public right-of-way property line. • Low Pressure Sodium • High Pressure Sodium M)- r Incandgescent 4 ef-e l D. Prohibitions No person shall install any of the following types of outdoor lighting fixturel MEEMOZZ= 2. Blinking, strobe, flashing or changing intensity lights and lighted signs, except for temporary holiday displays. 3. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles • public thoroughfares, including but not limited to: 5. Laser source light or any similar high intensity light for outdoor advertising or entertainment when projected above the horizontal. E. Special Lighting Situations 1. Parking Lots areas. Maximum foot-candles shall not exceed five (5) foot-candles for parking lot lighting adjacent to residential uses. El Maximum on-site foot-candles shall not exceed twenty (20) foot-candles for special display areas adjacent to streets and ten (10) foot-candles for all other areas or rows. Maximum on-site foot-candles shall not exceed ten (10) foot-candles in areas adjacent to building entryways. Said 10 foot-candle maximum shall f UNIMEMM= Existing lighting within the public right-of-way, including street lights and pedestrian lights, is not subject to the requirements of this Section; however, any new or replacement lighting shall be subject to the provisions of Sections 9 F. Lighting Plans Required 1. A lighting plan shall be submitted with any building permit application except for a one or two family structure on an individual lot, in which outdoor lighting is proposed or required. The lighting plan shall include: G. Amortization All outdoor lighting fixtures lawfully installed before and operable on the effective date hereof which do not meet the requirements • this chapter are fixtures. An 4 nonconformin out000r fignting fixture snaii coniorin tv MUT"MMOVI five (5) years of the effective date hereof. 2. SMcial -Amortization Rqquirements: Notwithstanding the five-year amortization period set forth above, the following types of fixtures or bulbs shall be replaced sooner, as follows: k 0 a. Replacement of Unshielded MercuEy Vapor �Light Fixtures: Existing unshielded mercury vapor light fixtures shall be removed or replaced with a light that meets the requirement of this section by December 3 1, 2006. b. Replacement of Bulbs: To the extent that compliance with this section can be achieved by replacement of a light bulb, the light bulb shall be replaced with one that meets the requirements of this section upon its failure or on December 31, 2005, whichever is earlier. c. Aiming of Fixtures: To the extent that compliance with this section can achieved by rediming a fixture, such fixture shall be reaimed by December 31, 2005. • All lights for non-residential uses adjacent to residential uses must be retrofitted with shielding in a manner such that the light conforms to IES criteria for true cut-off fixtures by December 31, 2006, H. Definitions As used in this Section, unless the context clearly indicates otherwise, certain words and phrases shall mean the following: Direct Illumination — Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground • building faces. Directly ble — Allowing a direct line of sight to the light source or lamp. Floodlight — A specific form of light or lamp designed to direct its output in a specific direction and as a broad beam. Foot-candle — A unit • illuminance being one lumen per square foot. It is the luminous flux per unit area in the imperial system. One foot-candle equals approximately 10 (10.8) lux. 11MInagamij newmigmM LiAM11114iff tilt UVAN011111 • �# 0 Light Pollution — Any adverse effect of manmade light. Light Trespass — Light failing where it is not wanted or needed, typically across property boundaries. 0 portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to, lights used for: (A) Parking lot lighting; U-MM or structure decoration; (J) Spotlight; (K) Floodlight. Recreational Facilities — An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts, and swimming pools. a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled mount to allow the assembly to be easily redirected. Such lights are used commonly to sweep the sky for advertisement purposes. Spotlight — A form of lighting fixture designed to direct or project a spot of light . F ant Irmcn TIA MIT 67 Isult III ITIM unin 7,117 unnj •dy PVnoqLTT'IuIJIJ a L;Ululrtar year, with one thirty (30) day extension. Temporary lighting is intended for uses which by their nature are of limited duration-, for example holiday decorations, civic events, or construction projects. M Wheat • idge, that it is promulgal that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This ordinance shall take effect — days after final publication. INTRODUCED, READ, AND ADOPTED • first reading by a vote of — • on this _ day • , 2004, ordered published in full in a •newspaper • general circulation in the City of Wheat Ridge and Public Hearmg and consideratiR n on final passage set for , 2004, at 7:00 o'clock the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of — to —, this — day of 2004 IM, - Mr ".., 4 I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: day of 2004 IM T*1: Planning Commission FROM: Neredith Reckert IVATE: January 11, 2005 This Case is: — Quasi-judicial --X— Legislative zc��� BACKGROUND Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding signage. February 2001: A new sign code is adopted as Article V11 of the planning and development code. May 2003: Staff discussed proposed changes with the City Affairs Committee. The two issues under consideration were amending the current regulations to allow corporate flags and establishing a time limit for temporary signs. Staff agreed to solicit input from local businesses regarding how the proposed changes may affect them. June 2003: A flyer was distributed with the quarterly newsletter to all businesses within the city. November 2003: A study session was held with Planning Commission to discuss proposed si code changes. I • • December of 2003: City Council discussed the sign code at study session where they made t following recommendations: I • That corporate flags not be allowed. • That staff study time limits for temporary signs and return with a recommendation. May of 2004: A study session was held with Planning Commission where the following recommendations were made: • Canopy signs: May use • to 50% of wall signage allowance on a canopy. • Changeable copy signs: Staff will check with traffic engineer regarding whether or nol, these types of signs are traffic hazards. • Banners: Allow half the size of a permanent sign for a limited time until a perm, anent sign is installed. The same time limit as for pennants would apply to banners. August of 2004: Another study session was held with Planning Commission where the following recommendations were made: October 7,2004: A public hearing was held before Planning Commission where the meeting was continued for staff to perform research to see how other front range communities address the 2 following issues: non-confon signs, balloons/pennants/flags, off-premises signs and political signs. Staff distributed an addendum to the sign chart addressing drive-up reader boards. December 2,2004: Planning Commission held a study session where the following issues we discussed: political campaign signs, flags/banners/bal loons, off-premises signs and nonconforming provisions, I flags/banners/balloons: There was consensus to follow staff's recommendation for businesses to have one banner all the time but that banners should be limited to a size of one-half the size allowed for a permanent wall sign. This provision was incorporated in the sign standards charts. I Off-premises signs: There was a motion made to reaffirm the City's prohibition on off- premises signs. Nonconforming regulations: There was a consensus • the Commission that nonconforming signs can stay unless there is damage of more than 50% by any means or if there is a substantial increase in square footage of the business (Lakewood sign code). Our research revealed that Lakewood was the only entity that required compliance with existing sign regulations upon expansion • an existing business' gross floor area, parking or loading area by twenty percent or more. a However, without an amortization period, how will the new code be implemented? How will the look of our commercial corridors improve unless oversized, outdated signs are removed? Why create new regulations if nonconformities are exempted from compliance? Staff intends on discussing this issue with City Council at a study session scheduled for January 31, 2005. The following includes a copy of the existing nonconforming regulations, Option A (Staff suggestions) and Option B (Planning Commission suggestions). Planning Commission's motion for approval of Case No. ZOA-03-18 should include a recommendation for Option A or B as a condition. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may • continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Rebuilding, enlargement, relocation, extension, replacement or reconstruction of a nonconforining sign is not permitted unless such sign is brought into conformance with this article. El 4. Normal maintenance such as painting and message replacement within sixty (60) days of prior use which does not require modification • the sign structure, supports or members shall be permitted. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may • continued, although such sip does not conform to the provisions • this article, subject to the following provisions: I 1. Rebuilding, enlargement, relocation, extension, replacement or reconstruction of nonconforming sign is not permitted unless such sign is brought into conformance with this article. I P A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in accordance with the provisions • this article; however, any sign destroyed or damaged to any extent by vandalism maybe rebuilt to its original state within six (6) months oro***i�* i in conformance with this article. In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. OPTION B A. Nonconforining signs. A lawful sign existing on the effective date of the evau -- www,.-.frRm which this article is derived ma - be continued- althou2LauLh sien does not conform to the provisions of this article, subject to the following provisions: 24 . # t 111vt I a ply to uses TRIM customarily operate on a continuous 5asis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. " In order to provide an incentive for removal of nonconforming sips, permit fees and citg use tax will be waived where a nommfmiina- si • n is removed an,_ikfjQA4JC* TiM h_M__& conforming with these regulations. Attached as Exhibit I is staff s recommended changes to the existing code. Changes proposed N Staff will address specific changes that were recommended by Planning Commission. Page number references refer to the page numbers in Staff s working copy (Exhibit 1). These pages numbers do not correspond to the page number in the ordinance (Exhibit 3). MXNMIII}Mi Definition of animated sign (pa•e 2): Slightly modd definition, Removes "time and temperature signs" from definition. 'Time and temperature" signs are now considered "changeable copy" jllll� lll I I 11111pq lillp IIIIIIIIII 1 11111111 Ii i�ii A !Ili I III miss• 0 Definition of ofd premises signs (page 4): Modified definition, Specifies that public and semi-public signs are not considered off-premises signs. Definition of public information signs (page 4): Removed as they are included in the definition of public sign. * Definition of public signs (page 4): Slightly modified definition- Definition of revolving sign (page 4): Slightly modified definition. Revolving signs are considered animated and are prohibited. Definition of roof sign (page 4): Slightly modified definition. Roof signs are prohibited. Definition of traffic and regulatory signs (page 5): New type of sign reflected in si standards charts. i , rij�­Iiq­11�11111 .... ....... . Page 6: Amends Section A to reference the sign standards charts. Unlawful signs, (including temporary and portable signs) which are not allowed are violations and can be dealt with through code enforcement action. I Il" 1 111179 # Pages 6 and 7: Requires submission of a "to-scale" drawing with permit information I INC 11171 I lI I I I I I I lip I II III III I I I I I�I� III III I I I I • : i i I Iff'i • i I 1 1 - - - • • * Flags (Page 7): Removes banners from the definition of flags. * Rooms for rent (page 8): Added a maximum size and number limitation. Has to be on M the property it is advertising. Door and Window signs (Page 8): The square footage allowance for window and door signs has been reduced from 50% to 25%. Addressed in sign standards charts. Signs inside buildings (Page 8): Signs inside buildings but visible from outdoors have been deleted. Political campaign signs (Page 8): Political campaign signs must be on private property. Based on discussion in December, political campaign signs are shown in the chart with no time constraints and no limit on the number pennitted. If Planning Commission disagrees with this, it should be a condition of approval. Informational signs (Page 8): Menu boards have been added to the category of informational signs. Company logos on these signs cannot exceed one square foot. Addressed in sign standards charts. Bus benches and bus shelter signs (Page 9): Bus bench signs and bus shelter signs are addressed in miscellaneous provisions. Adds a maximum size for bus stop shelter signs. Non-conforming signs: Please see prior discussion regarding this topic. The three variations on the non-conforming section follow. EXISTING REGULATIONS A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions • this article, subject to the following provisions: I . Rebuilding, enlargement, relocation, extension, replacement or reconstruction of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of 10 its net worth due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism conformance with this article. 4. Normal maintenance such as painting and message replacement within sixty (60) days of 3&rior use which does not r • - uire modification of the sip structure &%*qwmu*Ydv be permitted. 5. In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will • waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. OPTION A (ALLOWS NONCONFORMITIES TO REMAIJ A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which -- conform to the provisions of this article, subject to the following provisions: I . Rebuilding, enlargement, relocation, extension, replacement or reconstruction of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. in conformance with this article. In order to provide an incentive for removal of nonconforming signs, permit fees • ri - . Titoved aitid OPTION B (AMORTIZES NONCONFORMITIES) A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: conforming with these regulations. in conformance with this article. " In order • provide an incentive for removal of nonconforming -signs, pen fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. Incorporated into performance standards (Page 11): Dangerous signs, location of sips, attachment to public structures and conformance to building code have been addressed in performance standards. SECTION 26-708 — PROHIBITED SIGNS (PAGES 11-13) The following types of prohibited signs have been incorporated into Performance Standards: signs violating sight distance regulations, signs that interfere with traffic, signs that cause radio interference, signs that obstruct egress, structurally unsafe signs, display of merchandise, signs in the rights-of-way, lighted signs The following types of prohibited signs have been incorporated into the Sign Standards Chart: flashing signs and searchlights, animated signs, roof signs, wheeled advertising devices, off-premises signs, banners attached to vehicles IN • Minor changes: There were minor language changes made to the provisions for signs that interfere with pedestrian traffic, animated signs, structurally unsafe signs, outside display, signs that are in the rights of way and off-premises signs. Home occupation signs.- At the August study, Planning Commission recommended that home occupation signs be allowed up to two square feet in size on properties located on arterial streets. Designated arterial streets in the city include Sheridan, Wadsworth, Kipling and Ward Road. These changes have been incorporated into the Sign Standards charts. Other issues of concern have been incorporated into the General Provisions/Performance Standards: illumination, establishment of right-of- mmmm Miscellaneous Provisions has absorbed the following: area transfers for commercial freestanding signs, provisions for double faced signs, provisions for location of multiple signs, requirement for landscaping, and the size calculation chart for commercial districts. • Freestanding signs - residential, agriculture, public facilities (pages 14 — 15): The existing code utilizes a formula for freestanding signs based on lot size with a maximum 14 size of 32 square feet. Staff is recommending deletion of the formula approach and applying the maximum for of 32 square feet for all freestanding signs. The height maximum would be 7% Required setbacks have been modified from Freestanding signs - commercial, industrial, mixed use (pages 15 — 17): No changes except for the setback for signs 15 in height�. The existing code references 25' as maximum height, which was changed to 15 in the 2001 rewrite. Projecting signs (page 15): No changes except that a projecting sign can encroach into the right-of-way with an approved right-of-way permit. Each tenant in a multi-tenant structure can have one. Not allowed in residential, agriculture and semi-public zones. Public and semi-public signs (page 18, page 19 — 20): This category combined public, semi-public and public inforination signs. No major changes. "Activities" are now referred • as "organizations or attractions". Construction signs (page 20): No changes except construction sips must be setback 5' from property lines. There is currently no required setback. Permitted height has been reduced from 8' to 7'. Specifies that construction signs must be on the premises for which they are advertising. Construction signs cannot be illuminated Real estate signs (page 20): Added a setback requirement of 5'. Real estate signs cannot be illuminated. Banners (page 20 —21): Staff s original recommendation was to allow one banner at all times for all land uses except single family. Planning Commission modd this section at the May 20 meeting where it was recommended that the banner provisions be consistent with the provisions for pennants and inflatables (one time per yearfor 30 days UN or two times per year for 15 days). After considerable discussion, staff decided to revert back to our original recommendation of one banner per business at any time. The decision was based • comments received from business owners and internal issues with tracking and enforcement. At the December, Planning Commission indicated they would support that if the size standard were reduced to half the permitted wall sign area. Pennants, streamers and similar devices (page 21): Pennants, streamers and similar devices were originally in the same category as balloons. Pennants and balloons have now been separated into two categories. Pennants and streamers are allowed for up to 30 days per year. Pennants cannot be attached to utility poles • public signs. Permits are required. Balloons and other innatable devices (page 21): No change in duration or required permitting. A height limitation of 35' has been added for residential with a maximum height allowance in commercial zones to be consistent with that specified in the zone district development standards. Temporary model home sign (page 19): For consistency with other parts of the sign code, the height limitation has been changed from 6' to 7'. A five-foot setback has been added. Cannot be illuminated. • Wall or painted signs (pages 21 — 22): No changes to the number, location or size. Some minor verbiage changes. SECTION 26-710 — MASTER SIGN PLAN (page 22) Staff is recommending that the master sign plan provisions be entirely removed from the sign code. The intent • the master sign plan was to allow flexibility for signage in unified commercial developments over two acres in size. The master sign plan provisions allow up to a 100% increase in the number • signs with up to a 50% increase in the amount of square footage permitted. The most notable application was one for the Medved Autoplex development at 11001 and 11201 W. 1-70 Frontage Road North. The applicant was requesting a master sign plan with variances • allow six freestanding signs with a total of 908 square feet of sign area. To achieve this, variances were required for the number • signs allowed, the maximum square footage allowed, the required setbacks and height for four of the signs. The plan was approved by Planning Commission and ratified by City Council to allow the following: 1. Four 25' high freestanding signs (two on each property) with 81.72 square feet of signage per face. 2. One "mega" sign, 50' in height with 536.7 square feet of sign face (per side) located 16 A condition was included that three existing smaller signs on the eastern lot be removed and replaced with the signs approved above. The approval occurred in 1997 but the sign plan has never been implemented. Subsequent conversations with the owner's representative indicated that when the property on the east side of Parfet is developed into an additional car sales facility, a revised master sign plan may be pursued. While the example given above is extreme, Staff is concerned that the master sign plan provisions with the ability to vastly increase the amount of permitted signage directly conflicts with current philosophy regarding reduction of signage and the negative affects of lighting. Staff believes that the more appropriate process is the City's planned development process, which allows flexibility in application of the sign code standards. SECTION 26-711. BILLBOARDS; SPECIFICATIONS AND REGULATIONS. (PAGES 23-24). MMM# "I move that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding sign code, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: I , The changes will improve readability and understanding of the sign code. 2. The changes deal more effectively with the negative affects of exterior lighting on adjacent properties. With the following condition: EME-M 1. Staff s proposed revisions to the existing code section 2. Table of contents illustrating existing and proposed code sections 3. Ordinance IM ARTICLE VII. SIGN CODE STAFF CHANGES • MM C. To facilitate easy, safe and pleasant communication between people and their surroundings; conserve the character and economic value of buildings and neighborhoods; 3=11111 1 111111 11 q I III pl �I II I i gg I � I G. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. 1111ii! 11 is For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: As V M- M-13 motion, implied or actual, in a horizontal or vertical plane or ............. I I Ali A FW 11;0� Arcade sign. Any sign projecting beneath and attached • the underside of any balcony, canopy, awning or other structural overhang or passageway. Building front. The exterior wall(s) of a building facing a public street or streets or other public right-of-way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof-like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either illumInated or nonilluminated, which is to, Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi-use 440j4004�� buildings and multiple N Awning. A movable shelter supported entirely from the exterior wall of a building and/or a type which can be retracted against the face of the supporting building. Billboard. Any sign in excess of fifty (50) square feet in size utilized to advertise a product or service that is not produced or conducted on the same property as the sign. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals • fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities of light of a non-varying nature. There are three (3) types of illuminated lights as follows: Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. Nonconforming sign. A sign which does not conform with the regulations set date of its erection. 9 Off-premises sign. Any sign, fifty (50) square feet or smaller, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is locate(14 a : Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. Sign. Any object or device or part thereof situated outdoors or indoors, viewed fr*-tti oui" 16&"al gublic i and which ob ect ♦ device or the effect produced is ISO . I Ily al-ITUILISC, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound • projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, wn., rei air, relocation, imLcrovement, removal, conversion or demolition _of anqj�ut. issued pursuant to the building code of the city • this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. 11 Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other li ht material limited period of time. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a pen required by this article, or in violation of any of the limitations, prohibitions or reRuirements of this article. Wall sign. A sign constructed of durable materials or painted and which is jR2rrnanentl-,, affixed to an exterior surface of any building, wall or does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Sec. 26-703. Enforcement and penalties. I Enforcement and penalties shall be in accordancewith those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authR rity is granted to the enforcement officer to remove, or have removed. the f1 g2&�"To 9 signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: B. Umsafe sign& M•� A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code, (See chapter 5 of this Code of Laws for related provisions.) MM A. No sign or modification to an existing sign shall be erected, placed or Iisplayed outdoors within the city limits until a permit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with section 26-706 of this sign code. 2 not assure that a pen will be issued; therefore, it is advised that signs not be fabricated, constructed or purchased prior to issuance of a sign permit. Sec. 26-706. Signs exempt from permit requirement. The following are exempt from application for permit; however, they are subject to all other provisions of this article: MOM M M D. Real estate signs erected for the advertising of the prospective sale or rental crty on which it is maintained, when in conformance to this article. A� Ii F. One (1) temporary construction sign per use per street frontage which advertises the proposed new use of the premises or any number of signs which are necessary for safety on the premises or on a temporary protective fence around a building being constructed, repaired, altered or demolished; provided, that the area of each sign does not exceed thirtv-two (32) square feet and is no higher than eight (8) feet2j%*� i A K. Informational signs which are accessory to the primary 'frestrooms," "no smoking," "wheel chair entrance," ienu Phi etc.), or directional (i.e., "in," "out," "ramp," "drive-thru," etc.) are exempt from a sign permit subject to the following standards: 2. May be wall-mounted, freestanding or attached to other freestanding signs or canopies, but shall not be counted against the allowable size • another type of permitted sign; 4. If freestanding, shall not exceed thirty-six (36) inches in height if within required sight distance triangle, • forty-eight (48) inches where outside • a sight distance triangle. I M The provisions of this section have been incorporated into the sign standards charts. L. real estate suns. M dec orations or d isplays l ocal or • us holiday o celebration. N. Mstoric plaques, cornerstones and the like, erected by the city or historical • •• • • i * t ^� w' W The P)V " io ` �rofi " $e "Ye burr, incor o isce o , r�nvisi+ ns t t # # t t # t t# t t (Ord. No. 2001- 12.15, § 1, 2- 26 -01) IN The pm m" ion v, f Air se " n ±e rg in' co he sir wtandaird charts; EXISTING REGULATIONS A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: I Rebung, enlargement, relocation, extension, replacement or conformance with this article. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in any extent by vandalism may be rebuilt to its original state within six (6) months or otherwise it must be reconstructed in conformance with this article. 4. Normal maintenance such as painting and message replacement within sixty (60) days of prior use which does not require modification of the sign structure, supports or members shall be permitted. 5. In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconfon sign is removed and replaced by a sign conforming with these regulations. Iff A. Nonconforming signs. A lawful ig s n existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: A 4;* In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. Removal or i i of dangerous below prohibited i nform to the provisions of this article either by • or reconstruction, !i ! days after the owner of notified of i W C. Location of certain signs. All signs, except billboards, public signs, semipublic signs and public information signs allowed by this article shall be located on the tot for which they advertise. D. Attachment to public structures. Attachment of any sign to utility pates or other poles or structures within public right -of -way is prohibited, except as approved by city council pursuant to this article. 94 1 : - 41I u" w:1 Val IIt F l IN (Ord. No. 2001-1215 § 1, 2-26-01) IMMM A. Any sign which would violate the sight distance triangle requirements of section 26-603B. B. Any sign which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director • 4ft • between the control device and oncoming traffic or otherwise in visual competition with a traffic control device, D. Any sign employing a lighting • control mechanism which causes radio, radar or television interference. E. Any sign so erected, constructed or maintained as to obstruct or be attached • any fire escape, window, door or opening used as a means ♦ egress • ingress or for firefighting purposes, or any sign so placed as to interfere with any opening required for light or ventilation. M C. Any sip that is erected in such a location as to interfere with motor vehicle or ic. art- ' R R... f - /. I .f ' R f t f...t •.R f a f f t f t ON I • i i i f `! • ! T"'T Em • ii L. Any sign which is in the public right-of-way, with the exception of suns on bus benches and shutters pursuant to article IV of chapter 21, public and seini. public signs. In M. Any sign which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. N. Off- premises signs, with the exception of public and senii-public signs. i t t t r r r "Mill i s t r rr r r (Ord. No. +t IN r t r r r r t rt r .r t r rr t r B. Arcade. t, Nonresidential uses only. fM di signs. f #:. 8 M— Must be set back a minimum of t F # feet from property late. a 8- 6. May be illuminated. <. I i i i l l lil 1. Maximum height: Fifteen (15) feet; provided, that signs for retail and service businesses within one-quarter (1/4) mile of an interstate highway ����e t are permitted # freestandin si u p to other p ermitted excee not fifteen (15) feet in height, 2. Maximum number of signs per development: -2. One (1) per street frontage, not t pe # « • « # # mu I 11 W t l y e. ISM "11 11111 H t < d 9 t P m a. From adjacent properties: Ten (10) feet where adjacent to F M" M 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. I lot WM : W 5 1 001-50,000 S.f. 100 s.f. plus I sf. per each additional 500 s.f. of floor area over 5,001. 150 sf. plus I sif. per each 300 sf. of floor area over 5,001. Over 00M Sf. 190 per each additional 1,000 s.f. of floor area over 50,001 Ell & F. Illomina" Bluminatioik 1. Within one hundred (100) feet of a residential structure, indirect or internal MEM13M 2. Over one hundred (100) feet from a residential structure, any type of lighting source is allowed, except search or flashing lights, provided that it shall be shaded, shielded or directed so that the light shall not, adversely affect surrounding premises or safe on • public or private roadways, including highways. 1. A-frame or pedestal style only. M III EMMMM per street frontage, but no more than two (2) per development. 4WMust be set back a minimum o . feet from any street right-of- way line if over thirty-six (36) inches or two (2) feet if unde thirty-six (36) inches or less 5. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. 1 11111 7. KC 8. Not pernAtted for single and two - fandly residential uses. 11 Masi& " Maximum size: One (1) square foot for each one (1) foot of height of the building wall to which the sign is to be attached. 7 Maximum number: One (1) per street frontage per business. 11 !1 1 1 E I III 91. Public. Directional and other official sips or notices 44ihat are required or authorized by law only. -1 J. Residential subdivision signs. I . Pen identification signs: a. One (1) for each street frontage- MEMM=4 I � • c. Monument-type signs must be set back onto the property a minimum of ten (10) feet, unless incorporated into a traffic island entrance, then twenty-five (25) feet back from face of street curb and three (3) feet from edge of traffic island. IF d, Fence or wall-incorporated-type signs may be placed parallel with and at property line following the same height and sight distance requirements as for a wall or fence. e. Permitted signs: Monument, fence or wall-incorporated only. b. Not to exceed twelve (1 2) square feet each and not over si (6) feet in height if a freestanding type; and c. Must be set back from property lines a minimum of teR44 0410�(O feet, H-0 U1 K: L. Semipublic. 2. Maximum number: Two (2) per aetiv4y organization or attraction.. 4. May be located within public right-of-way if approved by either the city 1VW_ftRIctor,_if a citp street- and bg_an_aFfftMcnate State of Colorado official, if a state highway; provided, however, that such proposed sign will not pose a potential hazard to motorists or pedestrians and that such signs will not block the view of any official public signs. M���Z HIIIII 1 1 911; NN requirements shall be removed by such enforcement officer with no requirement of notice. si gns 2. Construction ^i i • w issued R a certificate of occu 111 1 1! 1111 r l r r r r r r rr r "r r r rr r r R r r r r r r Uri, 1 7 rr r "r r r rr r r °� • e r • f• �' �: e° a xr t d. Any banner that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. . Pennants, streamers and similar devices, and balloons or other inflatable devices, shall be permitted upon nonresidentially zoned or used properties only, subje=ct to the following provisions: 23 a. Otie bann er is allowed it anyone titne per busines ar of +e activity. a. Any one (1) or a concurrent or successive combination of pennants, streamers or balloons or other inflatable devices shall be permitted to advertise special events or sales one (1) time per year for up to thirty (30) days or two (2) times per year for up to fifteen (15) days each time, b. Such devices shall be securely anchored or attached so as to prevent ,lijinciiiii, igiii perties or public streets, or lement • encroachment onto adiacent pro c. Roof mounting is permitted. 1 11 I . Maximum area to be no larger than one (1) square foot for every linear foot of the side of the building to which it is affixed. Signs affixed to attwhed 0 dowhed eapopies oad marquees or awnings shall be considered wall signs and shall be calculated based upon the length of the wall to which they are attached or adjacent to. 3. For buildings with flat roofs, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet • mansard, shall not extend more than three (3) feet above the deck line. 4. May not extend more than fifteen (15) inches beyond the surface the wall and may not extend beyond the side of the wall. I 5. Commercial, industrial, multiple-family, public and semipublic uses • J=� I�I gil 1� lip I I !I I I Ill El III •I •� # � � � I i� � I I 'I ; MI- MMI I . For the purpose • this subsection, the city is divided into two (2) billboard districts, B-1, and B-2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be lo d, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway is additionally approved by the state in writing and that such written approval is made available to the department of community development. IN 3. Setbacks shall be as required for a principal structure in the zoning district where located. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. B. B -1 district. On and after January 1, 1996, billboards are prohibited in the 13- I district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the 13 -1 district may be relocated to the B-2 district regardless of the maximum number. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Maximum height shall be thirty-two (32) feet. 5. Length shall not exceed three and one-half (3 1/2) times the height. 6. No new billboard may be located closer than six hundred (600) feet to any name or number. D. Permitting All requests for new billboard signs shall be aelicompanied by*- W w ARTICLE VII — SIGN CODE Existing and Proposed Sub-sections Section 26-701: Intent and Purpoa Section 26-703: Enforcement and penalt'l(M llL*A 10 1 If i�l INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 I EAWS PEXT AINING TO SIW CODE WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the regulation of signs; WHEREAS, the City has idened changes which will improve the readability and understanding of the sign code; WHEREAS, commercial signage is prominently displayed along the city's most traveled streets; WHEREAS, the City of Wheat Ridge is concerned about the negative affects of exterior lighting and its affects on adjacent properties; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article VII of Chapter 26 of the Wheat Ridge Code of Laws is hereby repealed and reenacted as follows: SO= lm�� E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings, compatible with the visual character of the surrounding area, appropriate to the activities identified; and G. • ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed fight of free speech. N Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized • advertise a product or service that is not produced or conducted on the same property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right-of-way other than alleys, or one (1) exterior wall containing the primary entrance • the building if not directly facing upon a public street. slut tat A M.- Changeable copy sign. A sign, either illuminated • nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign • sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals • fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on su•g• rt fro or other struc - .4 ij fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities of light of a non-varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. 'Lighting which illuminates the front of a sign • the entire building facade upon which the sign is displayed, the source • the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot light. I 11 Sernipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object • device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used • advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound ♦ projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration reiair, relocation i imDrovement, remov vi • Tt or de-liti*t, +f J JW'-.Sj9- IMI Surface area of sign. The total area enclosed by the shortest line that can be drawn Traffic and regulatory signs: Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sip or outdoor advertising device erected in the absence of a pen required by this article, or in violation of any • the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign • advertising structure found unsafe or insecure or creating a hazard or menace • the public safety, health and welfare. 9 Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Witi Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/inM use sign standard charts. • A, No - person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holdm of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) I A. No sign • modification to anexisting sign shall be erected, placed o « i t i ii i j the city, unless such sign is exempt from a permit in accordance with section 26-706 this sign code. I 1z not assure that a permit will be issued; therefore, it is advised that signs not be fabricated, constructed or purchased prior to issuance of a sign permit. C. Fees for the erection of signs shall be established and set forth in Appendix A. Permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. Section 26-706. Non-conforming signs. Existing regulations A. Nonconforming signs, A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: I Rebuilding, enlargement, relocation, extension, replacement or conformance with this article. 5. In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. B. Discontinued business, etc. Whenever a use of land and/or building using an identification sign is discontinued, except for seasonal uses pursuant to subsection A.2., above, the sign shall be removed or obscured by the person owning the property within thirty (30) days after the discontinuance of such use. Any such sign which is nonconforming to these regulations and which is not used to advertise an active busine,%s N within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. I A Nonconforming signs. A lawful sign existing • the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: I Rebuilding, enlargement, relocation, extension, replacement or • ht into conformance with this article. 2. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within six (6) months or otherwise it must be reconstructed in conformance with this article. 3. Normal �maintenance which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. A face change is considered normal maintenance. order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. A. Nonconforming signs. A lawful sign existing on the effective date of t not conform to the provisions of this article, subject to the following provisions: 1.01 1. Rebuilding, enlargement, relocation, extension, replacement or reconstruction of a nonconforming sign is not permitted unless such sign is brought into conformance with this article, I A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within six (6) months or otherwise it must be reconstructed in conformance with this article. 4. Normal maintenance which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. A face change is considered normal maintenance. 5. When a business with nonconforming signage expands the building gross floor area or parking area twenty percent (20%) or more, all nonconforming signage shall be brought into conformance. 6. In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. C. All nonconforming signage existing at the time of adoption of this ordinance shall be brought into compliance with the provisions contained herein within five years of the date • adoption. FJ I I I I I I I I III I I I 111 11 FIM, I 1 1 1- IN 511 , _ 11 I * # A. Sight distance triangle 1. No sign is allowed which would violate the sight distance triangle requirements of section 26-603B. 2. At signalized intersections, where both streets are collectors andbit-_ arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, ation Officials (AASHTO). 1. All signs allowed by this article, except billboards, public signs, and sernipublic signs shall be located on the lot which they advertise. C. Streets and rights-of-way 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right-of-way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 2 1, and public, semi-public, traffic and regulatory signs. 3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right-of-way boundary due to lack of curb, gutter and/or sidewalk, • survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by City Council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city fight-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. IM D. Interference 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the mildar& an MIMMMH th-t� works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. 222 • # #' 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 111111 liplill I WIN 1.1111 11 11 G. Illumination 1. All illuminated signage shall comply with Section 26-503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. a 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. J. Removal or reconstruction of dan���� 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Section 26-708. Miscellaneous provisions. 1. House or building address number signs shall be consistent with Section 26-419 C. — E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, Article IV, Section 21-124. IN 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in Section 6. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the aigns may be erected on the same street frontage. 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, freestanding signs shall be placed within landscaped areas. I MM Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor area of Building Single Use Development 0-4,500 s.f. 35 s.f. 1,501--5,000 s.f. 35 s.f. plus I sf. per each additional 50 s.f. of floor area over 1,501. 5,001--50,000 s.f. 100 s.f. plus I s.f. per each additional 500 s.f. of floor area over 5,001. Over 50,001 s.f. 190 s.f. plus I s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. 60 s.f. plus I s.f. per eack of floor area over 1,501 50 150 s.f. plus I s.f. per each 300 sf. of floor area over 5,001. IN *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs — Residential, Agriculture and Public Facilities zone districts 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in Section 26-708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. Section 26-709. Residential, Agriculture and Public Facilities zone districts sign standards chart. SEE CHART NO. I Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards chart. SEE CHART NO. 2 MMF�Mllli M] L For the purpose of this subsection, the city is divided into two (2) billboard districts, B-1, and B-2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. �V mil I - 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the $- 1 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B- I district may be relocated to the B-2 district regardless of the maximum number. 2. Maximum size equals seven hundred fifty (750) square feet. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Maximum height shall be thirty-two (32) feet. IR 6. No new billboard may be located closer than six hundred (600) feet to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. MMRIM� IM � PTII !I IF 3•� a. A signed copy of the lease between the advertising company and landowner. The lease must include parties to the lease, duration of the lease and signatures. b. A letter or other written form of approval from CDO"j 2. The sign permit issued for a billboard is valid for as long as the ground lease with the property owner remains in affect. A billboard must be remov within 30 days of lease expiration. I 3. A permit for a new billboard cannot be submitted more than one month in advance of a terminated or expired lease. In INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to in this - day of 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of 2005. SIGNED by the Mayor on this - day of 2005. 3M GERA L D ARL, CITY ATTORNEY I ST publication: 2 nd publication: Wheat Ridge Transcript Effective Date: IN EM • iF r%3 Z W j a k as 47 Z 9 Z 04 04 Ix Ix UwM }Ml 41 ol EM • w • SE % # • % # • t t tt w Q. v O s 'gn a r.. 40+ C q •y rn � � a .. .� w 4 w mp .x? � � 9 tai 7E 'F3 tj 5i '?ry q rsl ^4 61 ( * w �� v t Y � 4i x x 98 65 N 1 kk O �a�Yt CQ SE % # • % # x ob st 00 vs �, '6 Z 00 o 11 z U. c :0 ra 5r x fb M c } �, k is � � '». v> ca � � � x us �, CO v iz z z M NO g$% ON 01 MEN Vll ga ... . . .. 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