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HomeMy WebLinkAboutZOA-94-1M E M O R A N D U M TO: lanning Commission FROM: Gien Gidiey, Director of Planning & Development RE: Temporary Signs DATE: January 27, 1994 You may recall that at your study session meeting of January 6, 1994 there was discussion o£ regulating banners, pennants, streamers and inflatables. You asked stafP to prepare suggested language to accommodate some of the concerns expressed during that discussion. Attached you will find a proposed Council Sill that incorporates specific language to address some of those concerns. Please review this language and be prepared to discuss it (informally). This is not a public hearing on the matter, only a continuation (old business) of the prior study session. i want to point out that neither subsection {6) or (7) prohibit display of such signs or decorations upon roofs. Speci£ically, infiatables would be allowed upon roofs as written, unless there is a stated specific intent to prohibit. GEG:slw a-ttachment INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE N0. Series o£ 1994 TITLE: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TEMPORARY SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: ~er_tt.on 1. Wheat Ridge Code o£ Laws, Article IV. Sign code, Subsection 26-410(n)(5) is hereby repeaied and reenacted as follows: "(5) Banners are permitted for any nonresidentially-used property to advertise special events or sales sub~ect to the £ollowing provisinns: (6) a. One banner per street frontage; b. Shall be placed upon a building wall or fence and not be attached to landscaping, freestanding posts, utility poles or on roofs; c. Size shall be determinQd using the same criteria that applies to Wall Signs. Ig the banner is to be affixed to a fence, size shall be the same as if it were ~ttached to the nearest.ad~acent building wail having street frontage. 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 nonresidential properties only, sub~ect to the following provisions: /aC~~~'~.~`'~~'~ a. Any one, or txa~ combination o£ pennants, streamers,~ balloons ~ or,other inflatable devices shall be permytited •,~i.. +~~~ to advertise special events or sales one (1) time per year for up to thirty (30) days, or two (2) times per year £or up to fi£teen (15 ) days.l.ae~.-~,:ry~a . b. Such devices shall be sucurely anchored or attached so as to prevent blowing, flapping, dislocatio~, entanglement, encroachment onto adjaoent properties or ~ public streets, or undue hazard to motorists or ~.~otwithstanding the provisions o~ subsection 26-407(13), signs regulated pursuant to this subsection 26-410(n)(6) , shall be required to obtain a Tempor'a"r"y"~~~S~ign Permit. (7) It is not the intent o thes~etreg ati nd s to p o~it or unreasonably regulate the legitimate display of traditional ~ _~_ _.~el~_„ , _~r holiday decorations ~n-a~- ~:s•4r__ ty t,J•d.r.J~.A~.., V ~ ~, , ~O'tlU ` ~ ~,,,~„~~~~ ~n~~~ Ordinance No. Series oP 1994 Page 2 -w+i+'^'~ '•=-=~;~r f wra-L "i-de,~ provided however that such . display occurs between November 15 (year-end) and January 15 (new-year),and provided that such ciecorations or display is installed and maintained in a safe manner. Section 2. Safetv Clause~ The City Council hereby £inds, determines, anc3 declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation o£ health and safety and £or the protect3on of public convenience and wel£are. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Sar.~t3.on 3. Severabiiitv. I£ any clause, sentence, paragraph, or part o~' this ordinance or the applicat3on thereo£ to any person or oircumstances shall £or any reason be adjudged.by a court of compe-tent ~urisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Ser.tion 4. This Ordinance shall take e£fect days a£ter £inal publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote o£ to on this day o£ , 1994, ordered published in £ull in a newspaper o£ general circulation in the City of Wheat Ridge and Public Hearing and consideration on £inal passage se-t for , 1994, a-t 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat R3dge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and £inal reacling by a vote of to , this day of , 1994. SIGNED by the Mayor on th3s day of , 1994. DAN WILDE, MAYOR Wanda Sang, City Clerk lst Publication: 2nd Publication: Wheat Ridge Sentinel E£fective Date: <pc>orfltempsigns APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDSR, CITY ATTORNEY Glen: Here is some suggested language which may help to express the City's intent with respect to the sign code/inflatable situaiton. (6) Etc. a. Any one, or a concurrent or successive combination of pennants, streamers, balloons, or other inflatable devices shall be permitted upon a premises to advertise special events, sales, or to celebrate the winter holiday season either one (1) time per year for up to forty-five (45) days during the winter holiday season (December lst of one year through January 14th of the succeeding year), or no more than three (3) times per year for up to fifteen (15) days each time. In no event shall any one or a concurrent or successive combination of pennants, streamers, balloons, or other inflatable devioes be allowed for more than a total of forty- five (45) days from December lst of one year through November 30th of the succeeding year for any premises. b. Etc. c. Etc. 7. Delete. If this is helpful, use it. If not, let me know and I'll try to "fix" it. ~ • ~~ ` v INTRODUCED BY COUNCIL MEMBER Council Sill No. ORDINANCE NO. Series of 1994 TITLE: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TEMPORARY SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF TFIE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code o£ Laws, Article IY. Sign code, Subsection 26-410(n)(5) is hereby repealed and reenacted as follows: "(5) Banners are perm3tted £or any nonresidentially-used property to advertise special events or sales sub~ect to the £ollowing provisions: a. One banner per street frontage; b. Shall be placed upon a building wall or £ence and not be attached to landscaping, £reestanding posts, utility poles or ori roofs; c. Size shall be determined using the same criteria that applies to Wali Signs. If the banner is to be affixed to a fence, size shall.be the same as i£ it were attached to the nearest adjacent building wall having street frontage. d. Any banner that becomes discolored, ragged, shredded, detached, etc. shall~be removed or repaired. (6) Pennants, streamers, and similar devices, and balloons or other inflatable devices shall be permitted upor~ nonresidential properties only, subject to the £ollowing provisions: a. Any one, or any combination of pennants, streamer , balloons;' ther inflatable devices shall be pe mit d upon a emesis o advertise special events or sales ane (1) time er q~r £or up to thirty (30) days, or two (2) times per year for up to fifteen (15) days ~~Gt• b. Such devices shall be sucurely.anchored or attached so as to prevent blocaing, flapping, dislocation,. entanglement, encroachment onto adjacent properties or public ~treets, or undue hazard to motorists os pedestrians. c. Notwithstanding the provisions of subsection 26-407(13), signs regulated pursuant to this subsection 26-41Q(n)(6) shall be.required to obtain a Temporary Sign Permit. Section 2_ Sa£etv Clause•__The City Councir hereby £inds, determines, and declares that this ordinance is promulgated under the general police power o£ the City o£ Wheat Ridge, that it is promulgated for the health, sa£ety, and welfare o£ the public, and 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 rationai relation to the proper legislative ob~ect sought to be attained. Ser.ti_on 3. Sevexa iiitv_ If any clause, sentence, paragraph, or part o£ this ordinance or the application thereo£ to any person or circumstances shall for any reason be ad~udged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder. of this ordinance or its application to other persons or cirCumstances. ~ • Ordinance No. Page 3 Series of 1994 Se~+;on 4. This Ordinance shall take ef£ect days after final publication. • INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this dag o£ , 1994, 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 , 199~,..at_7:.~0_o'clock p.m., in 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 ., 1994. SIGNED by the Mayor on this day of , 199.4,--__ DAN WILDE, MAYOT2 Wanda Sang, City Clerk lst Publication: 2nd Publication: Wheat Ridge Sentinel E£fective Date: <pc>ordtempsigns APPROVED AS TO EORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY ~ INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series o£ 1994 TITLE; EIV ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHBAT RIDGE RELATING TO TEMPORARY SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COL.ORADO, THAT: Section 1. Wheat Ridge Code of Laws, ArtiCle IV. Sign code, Subsection 26-410(n)(5) is hereby repealed and reenacted as follows: °(5) Banners are permitted for any nonresidentiaily-used property to advertise special events or 'sales subject to ,o,~` the following provisions: ~r~ G~~~ ~`a. One banner per street frontage; ~ b. Shall be placed upon a building wall or fence and not be attached to Iap~saaping, £reestanding posts, utility ~~ ~~ AQles or on roo£~,~ ~" "~c. Size shall be det~rmined using the same criteria that G~~`c~~~~ applies to Wall Signs. if the banner is to be a££ixed ~"0 to a fence, size shall be the same as if it were p attached to the nearest ad~acent building wall having street £rontage. d. Any banner that becomes discolored, ragged, shredded, ~' detached, etc. shall be removed or repaired. (6) Pennants, streamers, and similar devices, and balloons or other inElatable devices shall be permitted upon nonresidential properties only, subject to the following provisions: a. Any one, or any combination of pennants, streamers, ~~ ~ balloons, or other in£latable devices shail be permmited ~ upon a premesis to advertise special events or sales one f~}~` (1) time per year for up to thirty (30) days, or two (2)-S~ Q times per year for up to Pi£teen {15) days `~ -~``" `~"~ b. Such devices shall be sucurelg anchor~d or ~ttached so as `~'~ to prevent blowing, flapping, dislocation,. entanglement, ~' encroachment onto adjacent properties or public ~treets, or undue hazard to motorists or pedestrians. c. Notwithstanding the provisions of subsection 26-407(13), signs regulated pursuant to this subsection 26-410(n)(6} shall be required to obtain a Temporary Sign Perm3.t. Section 2_ Safetv Ciause. The City Council hereby finds, fletermines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare o£ the public, , and that this Ordinance is necessary for the preservation o£ health and safety and £or the protection o£ public convenience and welfare. The City Counc3.1 £urther determines that the ordinance bears a rational relation to the proper legislative ob,ject sought to be attained. Section 3. SevPr~,hilitv. I.f any clause, sentence, paragraph, or part o£ this ordinance or the application thereo£ to any person or circumstances shall £or any reason be adjudged by a court o£ cqmpetent ~urisdiction invalid, such judgment shall not affect, 3mpair or invalidate the remainder of this ordinance or its application to other persons or circumstances. + ,- ~` Ordinance No. Page 3 Series o£ 1994 sectinn 4, This Ordinance shall take e£fect days after £inal publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1994, ordered - _ , published in £ull in a newsgaper of general circulation ii~ the City of Wheat Ridge and Public Hearing and consideration on £inal passage se~ for , 1994, at 7:30 o'ciock p.m., in the Council Chambers, 7500 West 29-th Avenue, Wheat Ridge, Colorado. __ READ, ADOPTED AND ORDERED PUBLISHED on Second and final reading ' by a vote o£ to _, this day of , 1994. - ' - SIGNED Uy the Mayor on this day of , 1994. DAN WILDE, MAYOR Wanda Sang, City Clerk lst Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordtempsigns APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CTTY ATTORNEY . ~, vo,~S d'~` ~~ J~~~"- .~ ~ T ~ ~~y~"'~`"`~`"" Q INTRODUCED BY COUNCIL MEMBER `-~ ~~~ I'~T Council Bill No. ORDINANCE NO. ~ f Series o£ 1994 i -- TITLE: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TEMPORARY STGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WI-IEAT RIIIGE, COLORADO, THAT: Sectinn 7. Wheat Ridge Code o£ Laws, Article IV. Sign code, Subsection 26-410(n)(5) is hereby repealed and reenacted as follows: ~ "(5) Banners are permitted for any nonresidentialiy-used property to advertise special events or sales subject to the £ollowiiig provisions: a. One banner per street £ron~age; b. Shall be placed upon a building wall or £ence and not be attached to landscaping, freestandinq posts, utility poles or on roo£s; - / ``~"~ `""'~~ . c. Size shall be determined using the same criteria that applies to Wall Signs. If the banner is to be affixed to a fence, size shall be the same as if it were attached to the nearest adjacent building wall having street frontage. d. Any banner that becomes discolored, ragged, shredded, detached, etc. shall be removed or repaired. ' ~ ~N F /.. /_..._ y ~ ~~" ,~/ (6) Pennants, streamers, and similar devices, and balloons or other in£latable devices shail be permitted upon nonresidential properties only, sub~ect to the following provisions: a. Any one, or any combination of pennants, streamers, balloons, or other inflatable devices shall be permmited upon a premesis 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. b. Such devices shall be sucurely anchored or attached so as to prevent blowing, flapping, dislocation, entanglement, encroachment onto adjacent properties or public §treets, or undue hazard to motorists or pedestrians. c. Notwithstanding the provisions o£ subsection 26-407(13), signs regulated pursuant to this subsection 26-410(n)(6) shall be required to obtain a Temporary Sign Permit. Section 2., Safetv Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare o£ the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and wel£are. The City Council further determines that the ordinance bears a rational relation to the proper legislative ob~ect sought to be attained. sertinn 3. gevPrahi~itv_ I£ any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall £or any reason be adjudged by a court o£ competent jurisdiction invalid, such judgment shall not af£ect, impair or invalidate the remainder o£ this ordinance or its application to other persons or cirdumstances. ~ e . Ordinance No. Series of 1994 Sect3on 4_ This Ordinance shall take effeot final publication. Page 3 days a£ter INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day o£ , 1994F ordered published in £ull in a newspaper of general circulation in the City of Wheat Ridge and Publfc Hearing and consideration on £inal passage set for , 1994, ~t 7:36 o'clock p.m., in, 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 , 1994. SIGNED by the Mayor on this day of , 1994,. DAN WILDE, MAYOR Wanda Sang, City Clerk lst Pubiication: 2nd Publ.ication: Wheat Ridga Sentinel E££ective Date: <pc>ordtempsigns .. w.^ APPROVED A5 TO FORM BY CITY ATTORNEY KATHRL'N SCHROEDER, CITY ATTORNEY R :~ '~G ~. NOTICE OF PUBLIC HEARING 7500 WEST 29TH AVENUE ZOA-94-1 ZOA-94-2 WHEAT RIDGE MUNICIPAL BUILDING WHEAT RIDGE COMMUNITY CENTER JEFFERSON COUNTY LIBRARY M E M O R A N D U M T0: Planning Commission FROM:~ Glen Gidley, Director of Planning & Development RE: Case No. ZOA-94-1/Temporary Signs and Banners DATE: February 23, 1994 On February 3rd, you discussed under Old Business a proposal that would increase regulation of some temporary signs (banners, pennants, streamers and in~latable devices). The attached Council Bill embodies the revisions that you have suggested. Although we have recommended allowing pennants, streamers and inflatables upon roo£s for a short period of time, up to 30 days per year, sta£f does not agree with allowing banners upon roo£s because once they are placed there, they will always be there. This adds unnecessary and ugly clutter to your business districts and detracts fro~ legitimate signage. We would recommend that banners be disallowed on roofs, except for mansard-style roofs, which are nothing more than parapet facades on commercial buildings. GEG:slw attachment <pc>ggmemo2/23b ~~3/~~~ V~ INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO Series o£ 1994 TITLE: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TEMPORARY 5IGNS. BE IT ORDATNED BY THE CITY COUNCIL OF THE CITX OF WHEAT RIDGE, COLORADO, THAT: Sectinn 1_ Wheat Ridge_Code of Laws, ArtiCle IV. Sign Code, Subsection 26-410(n)(5) is hereby repealed and reenacted as £ollows: c "{5) Banners are permitted for any nonresidentially-used property to - advertise special events or sales subject to the £ollowing ~ provisions: a. One banner per street frontage; ~~~ b. Shall be placed upon a building wall~'or fence and not be attached to I.andscaping, freestanding posts,i"`utility po2es $~,y~'"~ c. Size shall be determined using the same criteria that ~~i~A' applies to Wall Signs. If the banner~t9i.s to be affixed to a ,y fence, size sha11 be the same as if it was attached to the " ~~{~'~ nearest adjacent bu~.lding wa2Z having street £rontage. ~' d. Any banner that becomes discolored, ragged, shredded, detached, etc. shall be removed or repaired. (6) Pennants, streamers, and similar devices, and balloons or other in£latable devices shall be permitted upon nonresidential properties only, subject to the follo~ing provisions: a. Any one, or A CONCURRENT OR SUCCESSIVE a~xy combination of pennants, streamers, OR balloons or other inflatable devices shall be permitted ~_;. r:~~:r.~..,~~ 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 £i£teen (15) days EACH TIME. b. Such devices shall be securely anchored or attached so as to islocation, entanglement, encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. C. ROOF MOUNTING IS PERMITTED. ~D. Notwithstanding the provisions of subsection 26-407(13), signs regulated pursuant to this subsection 26-410(n)(6) shall be required to obtain a Temporary Sign Permit. ('7} It is not the intent o£ these regulations to prohibit or unreasonably regulate OR TO REQUIRE PERMITS FOR the legitimate display of trad3tional j;.o~ ~;.~ holiday WINTER SEASON decorations .:N=-=- ---s r~ ~r:..: ~z ..:~ ~3-.~:. t.., ~f--~:~.... F.~~~.:., provided however,uthat such display occurs between November 15 , Ordinance No. Page 2 Series of 1994 (year-end) and January 15 (new-year), and provided that such decorations or display is installed and maintained in a safe manner. ,~er_tion 2. ~afetv Ciause~ The City Council hereby finds, determines, and declares that this ord3nance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, sa£ety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection o£ public convenience and we].fare. The City Council further determines that the ordinanca bears a rational relation to the proper legislative object sought to be atta3ned. Sect3on 3. Severabiiit~. If any clause, sentence, paragraph, or par-t o£ this ordinance or the appl3cat3on thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such 3udgment shall not affect impair or invalidate the remainder of the,ordinance or its application to other persons or circumstances. Section 4. This ordinance shall take ef£ect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote o£ to on this day of ,,1994,, Q=dered published in full in a newspaper of general circulation fn the City of Wheat Ridge and Public Hearing and consideration on final passage set £or , 1994, at 7:OQ,_o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Riclge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and £inal reading by a vote of to , this day of , 1994. „ SIGNED by the Mayor on this day of , 1994. DAN WILDE, MAYOR Wanda Sang, City Clerk lst Publicatipn: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordtempsigns APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY PUBLIC HEARING SPEAKERS` LISi CASE H07 v,nn-qd-~r DATE: March 3. 1994 REpUEST: A public hearing will be held to consider proposed amendments to the Sign Code of the City o£ Wheat Ridge, Section 26-410(n) relating to temporary signs, banners, pennants, streamers and inflatable signs. ~ ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ , ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ I ~ ~ ~ ~ ~ ~ ~ { _ r ~ i i i ~ ~ ~ SPEAKER'S NAME ~ ADDRESS (PLEASE 'PRINT) Position Qn Request; ~ (Pleaae Check) ; ; IN FAYOR ; OPPOSED ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ i 1 ~ ~ ~ ~ ~ I I 1 I I i ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ I 1 ~ i ' ~ ~ ~ ~ ~ ~ ~ ~• I ; ~ ~ ~ ~ ~ I ~ ~ ~ S ' ~ I ~ ~ ~ ~ ~ 1 ' ~ ~ I ~ t ~ ~ I ~ i i i i i i ~ i i i ~ i ~ i i i ~ i i i i M E M O R A N D U M TO: r City Council FROM~~Glen Gidley, Director of Planning & Development RE: f Proposed Council Bill on lst Reading - Temporary Signs and Banners DATE: March 7, 1994 The attached proposed Council Bill is submitted for lst Reading on March 14, 1994, with the public hearing anticipated £or March 28. Planning Commission held a public hearing on this proposal March 3rd and recommended approval. As background, prior to 1991, banners, pennants, streamers and in£latable signs were prohibited except for "grand openings" of businesses. in 1991, Council revised the related regulations to allow such signage unregulated, except no placement upon roofs of buildings, with the proviso that should such signs become a problem, staff shouid bring back.recommendations.. Since then, Staf£ has received numerous complaints £rom citizens and businesses regarding over-zealous use of such advertising. Banners and streamers have been a£fixed to landscaping, allowed to blow and shred and been used in excessive numbers and/or size to the extent that they become a nuisance. Also, we have had the legal problems associated with Medved Chevrolet disregarding the "no roof signs" provision of our sign code by placing what would otherwise be legal inflatable advertising devices upon the roof o£ his building. Hence, Planning Commission has recommended the attached Council Bill to provide some reasonable regulation of these advertising devices. I£ the changes that are recommended are adopted, the City intends to drop the current prosecution cases against Medved Chevrolet since they woul.d hav~ been legal if the proposed law had been in place when they were cited. We are hope£ul that Medved, in turn, will vacate their appeal of the District Court decision in the City's favor, regarding.a prior citation £or illegal roof signs. GEG:slw attachment <pc>ggmemo3/7c ~„~ INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1994 TITLE: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TEMPORARY SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: ~Pr.tion 1. Wheat Ridge Code_o£ Laws, Article IV.__Sign Code, Subsection 26-410(n)(5) is hereby repealed and reenacted a~ follows: 6-~- "(5) Banners are permitted for any nonresidentially used property to advertise special events or sales subject to the following provisions: a. May be placed upon a building wall or roof, or a£ence but shall not be attached to landscaping, freestanding posts, or utility poles. b. The total size allowed for any single banner or total combination o£ multiple banners shall be determined using the same criteria that applies to Wall Signs. If the banner is to be affixed to a fence, size shall be the same ~ as i£ it was attached to the nearest adjacent building wall having street frontage. c. Any banner that becomes discolored, ragged, shredded, detached, etc. shali be removed or repaired. ~ (6) Pennants, streamers, and similar devices, and balloons or ~~t~ other inflatable devices shall be permitted upon nonresidentialti properties only, sub~ect to the following provisions: a. Any one, 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 £or 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 dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. c. Roo£ mounting is permitted. d. Notwithstanding 'the provisions o£ subsection 26-407(13), signs regulated pursuant to this subsection 26-410(n)(6) shall be required to obtain a Temporary Sign Permit. (7) It is not the intent o£ these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional winter holiday season decorations provided however, that such display occurs between November 15 i , , - Ordinance No. Series of 1994 (year-end) and decorations or manner. Page 2 January 15 (new-year), and provided that such display is installed and maintained in a safe ~ection 2. ~afetv Clause_ The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated £or the health, safety, and welfare o£ the public, and that this ordinance is necessary for the preservation of health and sa£ety and for the protection o£ public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative ob~ect sought to be attained. ~artion 3. Sevarabiiitv_ If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be ad~usted by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of the ordinance or its appiication to other persons or circumstances. ser_tion 4_ This ordinance shall take ef£ect days after final publication. INTRODUCED, READ, AND ADOPTED on £irst reading by a vote of to on this day of , 1994, ordered published in Pull in a newspaper of general'circulation in the City of Wheat Ridge and Public Hearing and consideration on £inal passage set for ., , 1994, at 7:00 o'clock p.m., in 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 o£ , 1994. SIGNED by the Mayor on this day of Wanda Sang, City Clerk lst Publication: 2nd Publication: Wheat Ridge Sentinel E££ective Date: <pc>ordtempsigns , 1994. DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY ~~ ,rM p~ ~ ~ ~ ~ k INTRODUCED BY COUNCIL MEMBER EDWARDS / ~ Council Bill No. 47 ORDINANCE N0. 960 Series of 1994 TITLE: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TEMPORARY SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: ~ec.tinn 1_ Wheat Ridge Code of Laws, Article IV. 5ign Code, Subsection 26-410(n)(5) is hereby repealed and reenacted as £Qllows: "(5) Banners are permitted for any nonresidentially-zoned or used property to advertise special events or sales subject to the £ollowing provisions: a. May be placed upon a building wall or roof, or a£ence but shall not be attached to landscaping, freestanding pos`ts, or utility poles. b. The total size allowed £or any single banner or total combination of multipie banners shall be determined using the same criteria that applies to Wall Signs. If the banner is to be affixed to a fence, size shall be the same as if it was attached to the nearest adjacent building wall having street £rontage. ' c. Any banner that becomes discolored, ragged, shredded, detached, etc. shall be removed or repaired. (6) Pennants, streamers, and similar devices, and balloons or other inflatable devices'shall be permitted upon nonresidentially-zoned or~used properties only, subject to the following provisions: - a. Any one, 6r a concurren't'oi successive~combination of pennants, streamers, or balloons or other in£latable 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 dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. c. Roof mounting is permitted. d. Notwithstanding the provisions of subsection 26-407(13), signs regulated pursuant to this subsection 26-410(n)(6) shall be required to obtain a Temporary Sign Permit. (7) It is not the intent of these regulations to prohibit or unreasonabiy regulate or to require permits for the legitimate display of traditional winter holiday season deoorations provided however, that such display occurs between November 15 r r "~ Ordinance No. 960 Series of 1994 ~ Page 2 (year-end) decorations manner. and January 15 (new-year), and provided that such or display is installed and maintained in a safe ~er.tion 2. safetv Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection o£ public convenience and welfare. The City Councii £urther determines that the ordinance bears a rational relation to the proper legislative ob~ect sought to be attained. Section 3. .Saverabilitv~ I£ any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall £or any reason be adjusted by a court o£ competent jurisdiction invalid, such ~udgment shall not affect impair or invalidate the remainder o£ the ord3nance or its application to other persons or circumstances. Section 4. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote oP 8 to 0 on this 14thday of March , 1994, 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 Monday, April 11 , 1994, at 7:00 o'Flock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and £inal reading by a vote of 8 to 0 , this 1lth day of Anril , 1994. SIGNED by the Mayor on this , , rJ; . ~,~; /~{~.GGGLi~ ~%' !'Ll,~-~ ., Wanda Sang, C~t~ Clerk lst Publication: Ma1^Ch 2nd Publication: April Wheat Ridge Sentinel Effective Date: May 4, <gc>ordtempsigns 12th day of April , 1994. a~.~'~„ ~li. /.~ ~ ;-0 ° ~ DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY ~~~ ~ ~~e~'Q-c/ KATHRY S~HROEDER, CITY ATTORNEY 22, 1994 19, 1994 1994 AGENDA ZTEM RECAP QUASI-JUDICIAL ~~ Yes No' ~~ POBLIC HEARINGS ~ CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC:/CEREMONIES _ CITY ATTY. MATTERS ORDZNANCES FOR 1ST READING _ BIDS/MOTIONS _ _-LIQUOR HEARINGS ~[y_ ORDINANCES FOR 2ND READING ._ INFORMATZON ONLY _ pUBLIC COMMENT _ RESOLUTIONS AGENDA ITfiM TITLE:. A Council Bill on ~nd reading and public hearing amending the Sign Code relating to Temporary Signs. SIIMASARY/RECOMMENDATION: Planning Commission has resommended revising the Sign Code to regulate banners, pennants, streamers and inflatable advertising devices. Staff recommends approval. ATTACHMENTB: BIIDGETED 1~ Gidley memo ZTEM: ~ 0 2 ~ Council Bill Yes No 3) Fund Dept/Acct # Budgeted Amount $ Requested Expend.S Requires Transfer/ Supp. Appropriation SIIGGEBTBD MOTION: ~ 0 Yes No I'move that Cdancil Bill be approved on 2nd Reading.