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HomeMy WebLinkAboutZOA-03-18INTRODUCED BY COUNCIL MEMBER SCHULZ Council Bill No. 06-2007 Ordinance No. 1396 Series of 2007 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the regulation of signs; WHEREAS, the City has identified 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 Article VII of Chapter 26, Sections 26-701 through 26-710, of the Wheat Ridge Code of Laws is hereby repealed and reenacted as follows: Section 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Section 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product 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. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to 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 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 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. 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 and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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 lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot maybe included on each such permitted sign. 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. Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. 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 located. Public and semi-public signs are not considered off-premises signs. 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. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color fornung an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. 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 sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 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. Section 26-703. Enforcement and penalties. 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 residentiaUagriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. Section 26-704. Contractor's license required. 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.) Section 26-705. Permit required A. No signor modification to an existing sign shall be erected, placed or displayed 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 this sign code. B. An application, accompanied by a "to scale" drawing, for each separate sign permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "to scale" plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 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. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived maybe continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism maybe 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, supports or members shall be permitted. A face change is considered normal maintenance. 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 7 nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. Section. 26-707. General provisions/performance standards. 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 and/or 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, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs 1. All signs allowed by this article, except billboards, public signs, and semipublic 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 1V of chapter 21, and public, semi-public, traffic, regulatory and projecting signs as outlined in Section 26-710. 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, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge 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 right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 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 standards and requirements of this sign code, is judged by the chief of police and public 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. E. Compliance with building codes 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. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display 1. Notwithstanding the provisions of Section 26-631, any merchandise dis- played outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. 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. 9 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, skyglow and light pollution. H. Maintenance 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. J. Removal or reconstruction of dangerous signs. 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. A. Building addresses 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. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, Article IV, Section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. C. Freestanding signs - Commercial, Industrial and Mixed Use 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 based on the formulas shown in Section 26-708.C.5. 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. 10 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. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0--1,500 s.f. 35 s.f. 60 s.f. 1,501--5,000 s.f. 35 s.f. plus I s.f, per each 60 s.f plus 1 s.f per additional 50 s.f. of each additional 40 st floor area over 1,501. of floor area over 1,501. 5,001--50,000 s.f. 100 st plus 1 s.f per each 50 s.f of additional 500 s.f. of 150 s.f. plus i s.f. per floor area over 5,001. each 300 s.f. of floor area over 5,001. Over 50,001 s.f. 190 s.f. plus 1 s.f. per each 300 s.f. plus 1 s.f. per additional 1,000 s.f. of each additional 1,000 floor area over 50,001 s.f of floor area over up to a maximum size of 300 s.f. 50,001 up to a maximum size of 400 s. f. *hi 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 11 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. E. Master Sign Plan 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans additional signs and/or up to a fifty (50) percent increase in maximum square footage for each sign, and/or may permit signs in locations other than normally permitted, based upon a fording that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in Section 26-109. 12 Section 26-709. Residential, Agriculture and Public Facilities zone districts sign standards chart. SEE CHART NO.1 Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards chart. SEE CHART NO.2 Section 2. Safety Clause. The City of Wheat Ridge 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 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 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 in this 14th day of May 2007, 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 June 11 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, Public Hearing continued to July 23, 2007 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 23rd day of July 2007. 13 SIGNED by the Mayor on this -joth day of July 1 2007. D ULLIO, MAYOR ATTEST: Michael Snow, City Clerk I ST publication: May 17, 2007 2nd publication: August 2, 2007 Wheat Ridge. 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G4 i ' C .QQ rd A O F Y' r~' Y O~ C O W O Oh O ~y ~R1° ~ C 0 F R Z° s~ U ~ FTi C ~S S 3 d ,Z '~d p ~ F Q W 4 F n °o N r CD Q 1 W to N L U c m y 0 N N 7 d K cc N C I6 d E E U CITY COUNCIL MINUTES: July 23, 2007 Page -3- Item 3. COUNCIL BILL 06-2007-AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE i / CODE OF LAWS PERTAINING TO SIGN CODE. Council Bill 06-2007 was introduced on second reading by Council Member Sang. City Clerk Michael Snow read the Executive Summary and assigned Ordinance No. 1396. Meredith Reckert presented the staff report. Motion by Council Member Sang to approve Council Bill 06-2007 (Ordinance 1396) on second reading and that it take effect 15 days after final publication with the following conditions: 1. The provision for campaign signs be modified requiring removal within seven days following an election. 2. The provisions for portable (temporary) signs be modified so that each business can have one. 3. The provision that all signs have light copy on a dark background be eliminated. 4. The provision that all illuminated signs be turned off one hour after business closure be eliminated. 5. The number of semi-public signs per organization be increased from 2 to 3. 6. Home occupation signs be permitted for all locations in the city. Motion seconded by Council Member Womble. Motion by Council Member Berry for the following amendment to the Ordinance: Section 26-707, C.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 21, and public, semi-public, traffic, strikeout and regulatory signs and projecting signs as outlined in Section 26-710. Seconded by Council Member Womble; carried 8-0. Original motion by Council Member Sang carried 8-0. Motion by Council Member Stites to direct the City Manager to cause amendments to the Sign Code with respect to off-premises signs in industrial and commercial districts to be brought forward for Council consideration at an upcoming Study Session; seconded by Council Member Gokey; carried 8-0. Page 1 of 2 Meredith Reckert From: Michael Snow Sent: Wednesday, July 25, 2007 11:16 AM To: Meredith Reckert Subject: Council motion on Ord 1396 Sign Code Follow Up Flag: Follow up Flag Status: Red Hello Meredith, I'm still finalizing the rest of the minutes from Monday night. I understand you need them to get your work done on the sign code ordinance. Below is the final wording for the actions on that item: PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Meeting on 2008 Budget. John Milks, Pat Roush, Elouise Newell and Tim Story spoke to the benefits and citizens' wishes for the development of the City's park property known as Einarson Park at 38th & Kipling. Citizens encouraged Council to appropriate funding for its development in the 2008 budget. Item 3. COUNCIL BILL 06-2007 - AN ORDINANCE REPEALING AND RE-ENACTEQG ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE. Council Bill 06-2007 was introduced on second reading by Council Member Sang. City Clerk Michael Snow read the Executive Summary and assigned Ordinance No. 1396. Meredith Reckert presented the staff report. Motion by Council Member Sang to approve Council Bill 06-2007 (Ordinance 1396) on second reading and that it take effect 15 days after final publication with the following conditions: 1.The provision for campaign signs be modified requiring removal within seven days following an election; 2.The provisions for portable (temporary) signs be modified so that each business can have one. 3. The provision that all signs have light copy on a dark background be eliminated.- 4. The provision that all illuminated signs be turned off one hour after business closure be eliminated. 5. The number of semi-public signs per organization be increased from 2 to 3. - 6.Home occupation signs be permitted for all locations in the city. Motion seconded by Council Member Womble. Motion by Council Member Berry for the following amendment to the Ordinance: Section 26-707, C.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 21, and public, semi-public, traffic, strikeout arnl 7/30/2007 Page 2 of 2 regulatory signs and projecting signs as outlined in Section 26-710. Seconded by Council Member Womble; carried 8-0. Original motion by Council Member Sang carried 8-0. Motion by Council Member Stites to direct the City Manager to cause amendments to the Sign Code with respect to off-premises signs in industrial and commercial districts to be brought forward for Council consideration at an upcoming Study Session; seconded by Council Member Gokey; carried 8-0. Have a good day! 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D AT 0 CD Q rt OOZ-acn-or; LCLO oLO oLD0,0) <Z) N cu a) -7 •N'CD O.O O.O O O ~ Q :3=CD r O 0 (D _0 77 0 07 : n' 0 W U) n 77 . cn CD o m a. rt o ::E ::E rn 0 (D 0 m - - a • ~ 0) r (D rt r ■ 07-0 C: u'. CCD 07 cn D N 3 c. rt O a) D -0 ■ L n. ~3 U) -0 CD L. ~=3 ~U) O = ~CD ~3 U) v' a' D 3 ~(D rn~ n ~ orn c~ n 0~ ■ D CD mo o -n 3 o 3 Q CD - ca. o 1 o w =3 _m n =3 _6 rmtm yo Q n -0 ~M 3 CD UO ~ r* rn MR (D n O m CL cu O 3 9 COUNCIL MEETING DATE: July 23, 2007 TITLE: COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: May 14, 2007) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No ommunity Development Director City Manager EXECUTIVE SUMMARY: The existing sign code was adopted as a part of the overall zoning code rewrite in 2001. The Community Development Department has been working on revisions to the sign code since 2003. Attached is the ordinance repealing and re-enacting Article VII of Chapter 26. The major changes proposed are: 1. Incorporation of charts for the Residential, Agriculture and Public Facilities Districts and Commercial, Industrial and Mixed Use districts to be more "user friendly". The charts include provisions for permitted signs, prohibited signs, signs exempt from permitting and specifications for size, height, number and setbacks. 2. Definitions have been added or modified. 3. New categories have been added including "rooms for rent" signs, menu reader board signs, canopy signs and changeable copy signs. 4. Other categories have been modified including the reduction of the amount of door and window signs allowed, reduction of setbacks for portable signs and projecting signs and modification of banner allowances. 5. Performance standards have been added which deal with lighting, sight distance and maintenance of signs. ITEM NO: REQUEST FOR CITY COUNCIL ACTION Adoption of this ordinance implements Council's goal of creating a strong partnership with the community. COMMISSION/BOARD RECOMMENDATION: The Planning Commission's public hearings on this ordinance occurred on October 7, 2004 and January 20, 2005. STATEMENT OF THE ISSUES: Please note that the ordinance has been prepared to repeal and re-enact Article VII, Sections 26-701 through 26-710. This does not lend to doing bold and strike-throughs to show the changes. Changes proposed are designated with red-colored typeface. The changes proposed are intended to provide more flexibility for business owners while protecting the visual appearance of the City's commercial areas. Provisions have been included to negate impacts to adjacent residential properties. At the last study session with City Council on this topic (April 2, 2007), consensus was given on the following items: 1. Increasing the time allowance for inflatables from one 30-day period (or two 15-day periods) to one 60-day period (or two 30-day periods or four 15-day periods). 2. Keeping the existing regulations relative to non-conforming signs as amended by City Council last year. Another item of concern which was not addressed at the study session is the issue of portable signs. Under current regulations, a multi-tenant building can have a maximum of two portable signs set out near the street. This means that if there are more than two tenants in a building, the first two tenants to receive permits would meet the maximum. Business owners who cannot be issued sign permits for portables have complained that this regulation is inequitable. However, staff has concern about how loosening this standard would visually impact our commercial corridors. Staff has also included a provision that lighted signs be turned off one hour after the business which they are advertising is closed which has not been supported by the business community. The allowance for Master Sign Plans has been included back in the legislation. Subsequent to the first reading, written correspondence was submitted by Tom Abbott with commentary on the proposed regulations. Staff has the following comments relative to his correspondence. 1. The sign code does not prohibit someone from displaying "art" on their business property. Murals are also allowed so long as they do not directly advertise the business in the building where they are painted. The mural on the west side of the Valente's Restaurant building is not considered a sign as it depicts an Italian countryside scene, not a restaurant serving Italian cuisine. 2. Icon type signage is permitted but the square footage is counted toward the sign square footage allowances. 3. The current regulations for banners is vague as to when they can be put up and for how long they can be had. Banners have been addressed per staff's recommendation that each business is allowed one at any time. The size permitted is one-half of the wall signage allowance. 4. Home occupation signs are proposed to be permitted on arterial streets in the city. Staffis recommending that this provision be modified to allow home occupation signs in all areas. 5. Either moving signs can be allowed or not at all. Selective allowances for moving or flashing signs would be hard to administer and enforce. 6. Most city-sponsored signage is related to traffic control. Staff concludes that Public Works has rationale for the need for traffic control signage relating to the health, safety and welfare of the traveling public. An open house regarding the sign code was held on June 5, 2007. The public hearing regarding the sign code was continued from June I 1 until July 23. Attached is correspondence from the Wheat Ridge Rotary Club regarding semi-public signs. In response to questions raised regarding certain types of signs and illumination required by other Front Range cities, staff has done additional research included as Attachment 6. Not all cities' sign codes addressed all categories of signage. Staff has included a recommendation for each category or issue under consideration. ALTERNATIVES CONSIDERED: 1. Do not approve the proposed legislation. 2. Modify existing proposed legislation. FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 06-2007 on second reading, and that it take effect 15 days after final publication with the following conditions: 1. The provision for campaign signs be modified requiring removal within seven days of an election. (If it is appropriate to allow each business to have a portable (temporary) sign, add #2 below to your motion.) 2. The provisions for portable (temporary) signs be modified so that each business can have one. (If it is appropriate to eliminate the requirement for all signs to have a light copy on a dark background, add #3 below to your motion). 3. The provision that all signs have light copy on a dark background be eliminated. (If it is appropriate to eliminate the requirementfor illuminated signs to be turned off one hour after business closure, add #4 below to your motion). 4. The provision that all illuminated signs be turned off one hour after business closure be eliminated. (If it is appropriate to increase the number of permitted semi-public signs, add #5 below to your motion). The number of semi-public signs per organization be increased from 2 to 3. (If it is appropriate to allow home occupation signs regardless of location, add #6 below to your motion). 6. Home occupation signs be permitted for all locations in the city." Or, "I move to table indefinitely Council Bill 06-2007, and thereby deny Case No. ZOA-03-18, an ordinance amending Chapter 26 pertaining to sign code." Report Prepared by: Meredith Reckert Reviewed by: Alan White Attachments: 1. Council Bill 06-2007 2. October 7, 2004 Planning Commission minutes 3. January 20, 2005 Planning Commission minutes 4. Abbott letter dated April 1, 2007 5. Wheat Ridge Rotary letter dated June 5, 2007 6. Staff memo dated July 11, 2007 -INTRODUCED BY COUNCIL MEMBER_ Council Bill No. 06-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the regulation of signs; WHEREAS, the City has identified 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, Sections 26-701 through 26-710, of the Wheat Ridge Code of Laws is hereby repealed and reenacted as follows: Section 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; ATTACHMENT 1 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Section 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. 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. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. 2 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 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. 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 and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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 lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. 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. Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. 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 located. Public and semi-public signs are not considered off-premises signs. 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. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. 4 Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. 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 sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 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. Section 26-703. Enforcement and penalties. 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/industriallmixed use sign standard charts. B. Unsafe signs. Section 26-704. Contractor's license required. 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.) Section 26-705. Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed 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 this sign code. B. An application, accompanied by a " to scale" drawing, for each separate sign permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "to scale" plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 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. 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: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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, supports or members shall be permitted. A face change is considered normal maintenance. 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. Section. 26-707. General provisions/performance standards. 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 and/or 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, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs 1. All signs allowed by this article, except billboards, public signs, and semipublic 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 21, 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, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge 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 right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 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 standards and requirements of this sign code, is judged by the chief of police and public 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. E. Compliance with building codes 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. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display 1. Notwithstanding the provisions of Section 26-631, any merchandise dis- played outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. 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. 9 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, skyglow and light pollution. 5. Internally lighted signs with white or light-colored backgrounds, with or without sign copy are prohibited. 6. All lighted signs shall be turned off one-hour after the business which they are advertising is closed. H. Maintenance 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. Removal or reconstruction of dangerous signs. 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. A. Building addresses 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. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, Article IV, Section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. C. Freestanding signs - Commercial, Industrial and Mixed Use zone districts 10 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 26-708.C.5. 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 signs may be erected on the same street frontage. 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. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.£)* TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0-4,500 s.f. 35 s.f. 60 s.f. 1,501--5,000 s.f. 35 s.f. plus 1 s.f per each 60 s.f. plus 1 s.f. per additional 50 s.f. of each additional 40 s.f. floor area over 1,501. of floor area over 1,501. 5,001--50,000 s.f. 100 s.f. plus 1 s.f. per each 50 s.f. of additional 500 s.f, of 150 s.f. plus 1 s.f. per floor area over 5,001. each 300 s.f. of floor area over 5,001. Over 50,001 s.f. 190 s.f. plus 1 s.f. per each 300 s.f. plus 1 s.f. per additional 1,000 s.f. of each additional 1,000 floor area over 50,001 s.f. of floor area over up to a maximum size of 300 s.f. 50,001 up to a maximum size of 400 s.f. 11 *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. E. Master Sign Plan 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans additional signs and/or up to a fifty (50) percent increase in maximum square footage for each sign, and/or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in Section 26-109. 12 Section 26-709. Residential, Agriculture and Public Facilities zone districts sign standards chart. SEE CHART NO.1 Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards chart. SEE CHART NO.2 Section 2. Safety Clause. The City of Wheat Ridge 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 of public convenience and welfare. The City Council father determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2007, 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 2007, 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 2007. 13 SIGNED by the Mayor on this day of 2007. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: 14 0 3 N a s a X C CL C N (D 0 CD N N U) f0 n c ~ U A W N rj N, n m ro n w n S r z nz o ~d N y y r a ! C d n y N fD ~ ~ ~ .1 A' z d r '`a" N `y~ ry ~ M rt ~ tMO .'r' O w D• A + ryp p p . , N N ~ •j O OR QQ O A T. pG OQ O O .Y N ~i 5 y 6 A O d O C y d O p ^ S '•a'' 7 m m p w ~ ~ EL D P• p B R N N ~ f~D O e Y O C ( ~ ~ G] , r C{~ ~ N b 0• ~ .p. pn O O = B W G~ ~ a z ~ N O `G O tCii O A m ~ ~ UmG Ste ~ ~ Q ~ ~~--•~JJ i~'G RL N 04 d m eS A O O O C 1 ~ a o rn O T c p m o d . , v i w y o J n ~ o i V c o • 6 d d ~ O o zz m n o~ A rt m A m . o m ' e i o y ~ H ~ c p, to o „ , a Vi N O ',3 A m rv d O e'e C ~1 P p 7 p 'T Q A 't A rGi O A O ` y , O m - , ry~ m ° ° ~ ~ 9 d H~ ~ Y Y H m ~ ' a ^ ^ i c o m ' . . ' so N - ue a~o na s OQ rt M N p ~ a o ~ ° a+ v a 77 ~ w e v 7 0 ~ . 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O V~ z z z N N (n K O S 'N..' o N G' .p z ~ = O O ,j] N W A O ~ R' ~ CAS y .fl a ~ P O '3 ~ no p * m' m p' O d N' S o ~ , o ~ - - = t o 5 a y y M M N= n s e o; ~ o~" z m . ~ O m a O 50 (Y + i y t o Pa W 0 _V, d l .V ~ N o ~ Qp C O m M a ° o p w m f ~ o ~ a 0 0 = z z Y o t rv 0 0 - - - m Csf m e z z z z z z z z 'a a ~ A a ~ w o O M m h" S n e e C o C ,P» RY ❑ r t r i m m H d ~ C ' ' A ~ O ~ " O a ~ C o a a , N z r n . w = O e i, . . .S m a„ r{ ~y t o G fo e m o4 ' m m F ] < m m m c o 5 ° .'oJ ~e ooo o 7 ' . ti ° .Y ° ~ m _ o e m e . m o a a o a a m `o' a S -m m a o # m n o0 o m N ~ o i . . . as n o Oq o z m ~ ~ ~ ~ a 'oa '.tn ~ „ a ' a c m ~ N ~ n N ~a aa 3 c . ~ r o F~ C O ~m n ~ ~O e e ~ d ~ M Z A c ' y3 M 0 A o; ~ po~ o ~ s C n ~ y F m p v. `C 10 O O [ C tv p'd H d H G~ x y ro z~ G o A OK 0 P ~ ro H m elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations." The motion passed 8-0. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. The case was presented by Meredith Reckert. She distributed a proposed amendment by staff regarding reader-board menus. She reviewed the staff report containing proposed amendments to the sign code. Previous suggestions made by the Commission were incorporated into the proposed amendments. In response to a question from Commissioner McMILLIN regarding the length of life for cabinet signs, Ms. Reckert stated that in talking with a sign company representative, she learned that the life depends upon the quality of construction. Nonconforming signs can stay until changes are requested. Commissioner SCEZNY questioned the value of making a differentiation between natural causes or vandalism in the destruction or removal of more than 50% of a nonconforming sign. There was discussion regarding a possible requirement to replace nonconforming signs regardless of the reason they are destroyed. There was a consensus of the Commission that it is very important to consider sight triangles when placing signs at signalized intersections. During discussion of banner regulations, Commissioner McMILLIN commented that he was surprised there have been no comments from the business community regarding limitation on banners. Chair PLUMMER invited comments from those in attendance. Milton Tedford Mr. Tedford expressed concern about rental property which he constructed about twenty years ago south of 44 h on Moore. The city granted a temporary sign permit and, for the past twenty years he has had a sign on private property located at 4e and Moore. He has an agreement with the property owner for placement of the sign. He stated the sign is crucial in obtaining tenants for his 52 rental units on Moore. On August 3, 2004, he received notification from the city that the sign was in violation because it was an off-premises sign. His suggestions to remedy the situation included: (1).that his sign be grandfathered; (2) that the sign code allow property within 100 yards of a main arterial street to have off-premises signage; and (3) twenty years with the sign in the same place should be supported under the statute of limitations. He submitted photos of his property and other off-premises signs along West 44'x' Avenue. Ms. Reckert commented that while there was evidence that a temporary sign permit was issued in 1985, there are no records showing that it was ever renewed. Planning Commission October 7, 2004 Page 4 ATTACHMENT 2 Nancy Snow 11155 West 40th Ms. Snow expressed concern about large balloons that block views of mountains and excessive pennants and banners that clutter up the city and detract from landscaping. She agreed with a height limit for balloons but would like to see a size limit, also. She would also like to see a limit on the size and number of streamers and pennants. She also pointed out that flags are not defined in sign code and there is no limit on their size or number. She would like to see a limit on the number of political signs to eliminate several signs in one yard for the same candidate or issue. There also needs to be a definition in the chart for changeable signs. Gretchen Cerveny Ms. Cerveny testified as the city's mayor and former small business owner. She stated that part of the attraction of Wheat Ridge is its eclectic nature. City revenues come from use and sales taxes and business licenses and therefore the sign code should be supportive of businesses. Small businesses often have very limited resources and banners and pennants are inexpensive ways to advertise. She supported a limitation on the number of temporary permits since small business owners have a hard time leaving their businesses to keep getting permits and the city is limited on hiring people to keep track of the permits. She favored allowing businesses to have at least one banner. She suggested educational efforts to inform small business owners about signage. She favored a sign code that is flexible and that will honor the diversity of Wheat Ridge. There was a consensus of the Commission that the sign code needs more consideration. Staff will also survey surrounding jurisdictions regarding their sign codes. It was moved by Commissioner McNAMEE and seconded by Commissioner WESLEY to continue Case No. ZOA-03-18 to a date uncertain. The motion passed unanimously. 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 10:02 p.m. The motion passed unanimously. Phil Plummer, Chair Planning Comm October 7, 2004 Ann Lazzeri, Recording Secretary Page the recently installed city lighting, such as along 38th Avenue, illegal and cause a financial burden to the city for lighting replacement. Commissioner MCMMLIN commented that the ordinance won't require replacement of the lights, but any new lighting would have to conform to the ordinance. Mayor Cerveny stated that she would like to see any new lighting look the same as that already installed. Chair PLUMMER commented that shields could be placed on existing lights without a great deal of expense. New lighting could look the same and still conform to the new lighting standards. There was discussion about giving direction to staff to research and report on options for retrofitting existing street and pedestrian lights It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that the ordinance be amended under Section E,1 "Parking Lots" to read: Maximum foot-candles shall not exceed ten (10) foot-candles for parking lots measured as an average of readings taken directly under a main lighting standard and directly between two lighting standards in the interior of the parking lot. The motion passed 3-2 with Commissioners CIIILVERS and SCEZNEY voting no and Commissioners STEWART and WITT absent. It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding the sign code, be approved with the amendment to Section E,1. The motion passed 5-0 with Commissioners STEWART and WITT absent. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Meredith Reckert. There was jurisdiction to hear the case and Ms. OP* Reckert reviewed the staff report. Time limits on the display of political signs and number of signs allowed per candidate or issue were discussed and whether or not time limits would infringe upon freedom of speech. Commissioner WESLEY suggested that the city attorney research case law regarding such limitations and their relation to freedom of speech. Amortization for nonconforming signs was discussed. Commissioner CHILVERS commented that it is important to reach a long-term solution to nonconforming signs in the city.' Commissioner WESLEY suggested defining political campaign signs which would be different than political signs. Chair PLUMMER asked to hear from members of the public. Planning Commission Page 3 January 20, 2005 ATTACHMENT 3 Gretchen Cerveny 3425 Moore Street Mayor Cerveny asked for more clarification regarding flags, pennants and streamers. She asked if flags on light poles along 38° , balloons such as those on dealership automobiles, and streamers such as on Casey's RV were allowed under the proposed ordinance. Ms. Reckert explained that the 38 h Avenue business district and holiday flags are permitted under the flags for non-profit organizations or holiday decorations categories of the regulations. The streamers similar to those at Casey's RV are allowed up to 30 days per year. The balloon regulations apply to large advertising balloons and not small balloons such as those attached to automobiles at dealerships. It was moved by Commissioner McMILLIN and seconded by Commissioner CHILVERS 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: 1. The changes will improve readability and understanding of the sign code. 2. The changes deal more effectively with negative effects of exterior lighting on adjacent properties. With the following conditions: 1. Accept Option B amortizing nonconformities over a five-year deadline and eliminating section (B) of Option B pertaining to discontinued businesses. 2. The city attorney will research case law regarding time limitations for political campaign signs as they relate to free speech. 3. The category for "Pennants, streamers, and similar devises" be expanded as discussed. The motion passed 5-0 with Commissioners STEWART and WITT absent. 8. OLD BUSINESS There was no old business to come before the Commission. 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. Planning Commission Page 4 January 20, April 01, 2007 Some thoughts related to the Wheat Ridge Sign Code: Encourage the display of public art by not automatically considering "art" as "signage" when its' subject directly or abstractly relates to the business that is displaying it. For example: A cat hospital displaying at its front door a large sculpture of a kitten with a ball of twine, or a green dinosaur statue at a Sinclair station, should not have the square feet of the sculpture subtracted from its' allotted "signage". The appropriateness and allowability of the "art" could be determined by the Board of Adjustment, but on the basis of its' art component rather than the current "excess signage" perspective. 2. Encourage "icon" type signage. Example: A coffee shop sign with a cut-out of a coffee cup (the icon) standing above it, or a vision clinic with a pair of eye glasses hanging under it, a gift store with a gift box attached to the sign, etc. These icon signs work well for the business and for the passing customer, and allow a point of visual interest to the shopping area without adding to the clutter of conventional signage. Allow within limits, that the icon portion of the signage not be included in the total calculation of allowable square footage. 3. Discourage the use of excessive banners and other temporary signage, as currently occurs in particular at liquor stores and taverns. Possibly just enforce the current code. Allow some type of "home business" signage. If code described design criteria are applied to these signs they would not be "objectionable" at all, and would add to the value of the business to the surrounding community and therefore the viability of the business and the city sales tax base. The compatibility or lack of compatibility of the signage to the neighborhood could easily be determined by the Board of Adjustment. Take a good objective look at the current prohibitions related to "moving", "flashing", etc. components of the current code. I feel that the broad assumptions related to citizen "safety" are far too weighted from the perspective of myth and urban legend rather than actual data and science. I feel that some motion component could be allowed in select cases and or locations. 6. Take a good look at the visual "clutter" being caused by the city itself in its' over- growing number of traffic signs related to warnings, cautions, and other "necessary" "information". Tom Abbott 10780 W. 35'" Ave. Wheat Ridge, CO ATTACHMENT 4 I i Service Above Self WHEAT RIDGE ROTARY CLUB P.O. Box 616 i WHEAT RIDGE, CO 80034 D i ! i June 5, 2007 Ms. Meredith Reckert Senior Planner Wheat Ridge Community Development Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Ms. Reckert, On March 22, 2007, the Wheat Ridge Rotary Club was granted a variance by the Board of Adjustment to allow a semi-public sign on the site of the Wheat Ridge Recreation Center announcing the Wheat Ridge Rotary Club's meeting place, day of the week and meeting time. The current ordinance allows two semi-public signs; with the variance the Rotary ; Club will have three. I A condition of the BOA approval was that the Rotary Club approach the City Council to consider allowing additional semi-public signage. More specifically, that "The Wheat Ridge Rotary Club will approach City Council to consider modifying this ordinance toward the benefit of all other organizations affected by this ordinance". This letter is intended to fulfill the condition of approval. Therefore , the Wheat Ridge Rotary Club strongly encourages the City Council to consider increasing the permitted number of semi-public signs from two to three. Respectfully submitted, Walt Pettit, President Wheat Ridge Rotary Club ATTACHMENT 5 1 ROTARY FOUR-WAY. TEST "Of the things we Think, Say or Do" 1. Is it the TRUTH? 2. Is it FAIR to all concerned' 3. Will it build GOODWILL and BETTER FRIENDSHIPS? 4 Will it be BENEFICIAL to all concerned? City of Wheat Ridge of ""Eqr Community Development Department Memorandum (P ~~~oRPO~ TO: City Council FROM: Meredith Reckert SUBJECT: Sign code amendments DATE: July 11, 2007 The following is research based on questions relative to what other cities do brought up at the June 11, 2007, City Council meeting. Not all cities' sign codes addressed every provision. Political signs: Per the City Attorney's office, add a provision that political campaign signs be removed within 7 days of an election. No limitation on when they can be put up. Proposed in ordinance: No limitation on when signs can be put up or taken down. Staff recommendation: Amend per City Attorney's recommendation. Portable (Temporary) signs: • Arvada: One sign per building regardless of # of tenants, except in Old Town where the limitation is no more than one every 25' - 8 s.f. per side, 4' height max • Lakewood: Prohibited in all zone districts • Golden: Counted toward signage allowed on property - no specific size max • Littleton: One per commercial business; 8 s.f., 4' height max Proposed in ordinance: Two per development or multi-tenant building. Staff recommendation: Amend provision to allow one per business. Light copy on dark background: • No cities polled require light copy on dark background. Proposed in ordinance: Require light copy on dark background. Staff recommendation: Eliminate requirement,for light copy on dark background. Signs turned off at night: • Arvada: Requires sign lights to be turned off in limited office areas. • Lakewood: No restrictions for illumination in commercial, office and industrial zones. • Golden: No restrictions for illumination in commercial zones. • Englewood: No restrictions for illumination in commercial and industrial. Proposed in ordinance: All sign lighting turned off one hour after business closure. Staff recommendation: Eliminate requirement for signs to be turned off at night when businesses are closed. Number of semi-public signs allowed per organization: • Golden: One or more as determined by CD Director Proposed in ordinance: Two per semi-public organization. Staff recommendation: Keep "as is " - two per semi-public organization. ATTACHMENT 6 Home occupation signs: • Arvada: Permitted in all districts - one s.f. max size, max height of 8', no lighting • Lakewood: Permitted in residential zones - 1.5 s.f. max size, max height of 8, attached to home • Golden: Permitted - two signs per dwelling; 7 s.f max, non-illuminated; 4' height max • Littleton: One permitted - Three s.£, non-illuminated • Englewood: One permitted - One s.£, attached to building, non- illuminated Proposed in ordinance: Allowed only on arterial streets Staff recommendation: Allow one in all zones regardless of street classification with size limitation of two sf. May be wall-mounted or freestanding. CITY COUNCIL MINUTES: June 11, 2007 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE. Mayor DiTullio opened the public hearing. Council Bill 06-2007 was introduced by Council Member Schulz on second reading. Mr. Schulz read the executive summary. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to continue Council Bill 06-2007, Case No. ZOA-03- 18 (Sign Code) until Monday, July 23`d, 2007, for the resolution of the following issues: 1. Number of portable signs allowed per multi-tenant building; 2. Time limitations for campaign signs; 3. "After Hours" illumination; 4. Requirement for dark background with light colored copy; 5. Potential incentives for monument signs; IL 6. Number of semi-public signs allowed per service organization. Motion seconded by Council Member Womble; carried 8-0. Item 3. COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS. (CASE NO. ZOA-06-05) Mayor DiTullio opened the public hearing. Council Bills 07-2007 and 08-2007 were introduced by Council Member Sang on second reading. Mrs. Sang read the executive summary. City Clerk Michael Snow assigned Ordinance Nos. 1387 and 1388. Alan White presented the staff report (attached to this packet). No citizens were present to speak. Jim Payne, Wheat Ridge Fire Chief, was on hand to answer questions from Council regarding occupancy and parking ratings for a facility. Mayor DiTullio closed the public hearing. of w„c ITEM NO: Po oRpop m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 11, 2007 TITLE: COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: May 14, 2007) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No AL PA; Community Development Director EXECUTIVE SUMMARY: City Manager The existing sign code was adopted as a part of the overall zoning code rewrite in 2001. The Community Development Department has been working on revisions to the sign code since 2003. Attached is the ordinance repealing and re-enacting Article VII of Chapter 26. The major changes proposed are: 1. Incorporation of charts for the Residential, Agriculture and Public Facilities Districts and Commercial, Industrial and Mixed Use districts to be more "user friendly". The charts include provisions for permitted signs, prohibited signs, signs exempt from permitting and specifications for size, height, number and setbacks. 2. Definitions have been added or modified. 3. New categories have been added including "rooms for rent" signs, menu reader board signs, canopy signs and changeable copy signs. 4. Other categories have been modified including the reduction of the amount of door and window signs allowed, reduction of setbacks for portable signs and projecting signs and modification of banner allowances. 5. Performance standards have been added which deal with lighting, sight distance and maintenance of signs. Adoption of this ordinance implements Council's goal of creating a strong partnership with the community. COMMISSION/BOARD RECOMMENDATION: The Planning Commission's public hearings on this ordinance occurred on October 7, 2004 and January 20, 2005. STATEMENT OF THE ISSUES: Please note that the ordinance has been prepared to repeal and re-enact Article VII, Sections 26-701 through 26-710. This does not lend to doing bold and strike-throughs to show the changes. Changes proposed are designated with red-colored typeface. The changes proposed are intended to provide more flexibility for business owners while protecting the visual appearance of the City's commercial areas. Provisions have been included to negate impacts to adjacent residential properties. At the last study session with City Council on this topic (April 2, 2007), consensus was given on the following items: Increasing the time allowance for inflatables from one 30-day period (or two 15-day periods) to one 60-day period (or two 30-day periods or four 15-day periods). Keeping the existing regulations relative to non-conforming signs as amended by City Council last year. Another item of concern which was not addressed at the study session is the issue of portable signs. Under current regulations, a multi-tenant building can have a maximum of two portable signs set out near the street. This means that if there are more than two tenants in a building, the first two tenants to receive permits would meet the maximum. Business owners who cannot be issued sign permits for portables have complained that this regulation is inequitable. However, staff has concern about how loosening this standard would visually impact our commercial corridors. Staff has also included a provision that lighted signs be turned off one hour after the business which they are advertising is closed. The allowance for Master Sign Plans has been included back in the legislation. Subsequent to the first reading, written correspondence was submitted by Tom Abbott with commentary on the proposed regulations. Staff has the following comments relative to his correspondence. 1. The sign code does not prohibit someone from displaying "art" on their business property. Murals are also allowed so long as they do not directly advertise the business in the building where they are painted. The mural on the west side of the Valente's Restaurant building is not considered a sign as it depicts an Italian countryside scene, not a restaurant serving Italian cuisine. 2. Icon type signage is permitted but the square footage is counted toward the sign square footage allowances. 3. The current regulations for banners is vague as to when they can be put up and for how long they can be had. Banners have been addressed per staff's recommendation that each business is allowed one at any time. The size permitted is one-half of the wall signage allowance. 4. Home occupation signs are proposed to be permitted on arterial streets in the city. 5. Either moving signs can be allowed or not at all. Selective allowances for moving or flashing signs would be hard to administer and enforce. 6. Most city-sponsored signage is related to traffic control. Staff concludes that Public Works has rationale for the need for traffic control signage relating to the health, safety and welfare of the traveling public. An open house regarding the sign code was held on June 5, 2007. ALTERNATIVES CONSIDERED: 1. Do not approve the proposed legislation. 2. Modify existing proposed legislation. FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting this ordinance. "I move to approve Council Bill 02-2007 on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 02-2007, and thereby deny Case No. ZOA-03-18, an ordinance amending Chapter 26 concerning the development review process." Report Prepared by: Meredith Reckert Reviewed by: Alan White Attachments: 1. Council Bill 06-2007 2. October 7, 2004 Planning Commission minutes 3. January 20, 2005 Planning Commission minutes 4. Abbott letter dated April 1, 2007 elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations." The motion passed 8-0. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. The case was presented by Meredith Reckert. She distributed a proposed amendment by staff regarding reader-board menus. She reviewed the staff report containing proposed amendments to the sign code. Previous suggestions made by the Commission were incorporated into the proposed amendments. In response to a question from Commissioner McMILLIN regarding the length of life for cabinet signs, Ms. Reckert stated that in talking with a sign company representative, she learned that the life depends upon the quality of construction. Nonconforming signs can stay until changes are requested. Commissioner SCEZNY questioned the value of making.a differentiation between natural causes or vandalism in the destruction or removal of more than 50% of a nonconforming sign. There was discussion regarding a possible requirement to replace nonconforming signs regardless of the reason they are destroyed. There was a consensus of the Commission that it is very important to consider sight triangles when placing signs at signalized intersections. During discussion of banner regulations, Commissioner McMILLIN commented that he was surprised there have been no comments from the business community regarding limitation on banners. Chair PLUMMER invited comments from those in attendance. Milton Tedford Mr. Tedford expressed concern about rental property which he constructed about twenty years ago south of 44th on Moore. The city granted a temporary sign permit and, for the past twenty years he has had a sign on private property located at 44th and Moore. He has an agreement with the property owner for placement of the sign. He stated the sign is crucial in obtaining tenants for his 52 rental units on Moore. On August 3, 2004, he received notification from the city that the sign was in violation because it was an off-premises sign. His suggestions to remedy the situation included: (1).that his sign be grandfathered; (2) that the sign code allow property within 100 yards of a main arterial street to have off-premises signage; and (3) twenty years with the sign in the same place should be supported under the statute of limitations. He submitted photos of his property and other off-premises signs along West 44th Avenue. Ms. Reckert commented that while there was evidence that a temporary sign permit was issued in 1985, there are no records showing that it was ever renewed. Planning Commission October 7, 2004 Page 4 ATTACHMENT 2 Nancy Snow 11155 West 40`h Ms. Snow expressed concern about large balloons that block views of mountains and excessive pennants and banners that clutter up the city and detract from landscaping. She agreed with a height limit for balloons but would like to see a size limit, also. She would also like to see a limit on the size and number of streamers and pennants. She also pointed out that flags are not defined in sign code and there is no limit on their size or number. She would like to see a limit on the number of political signs to eliminate several signs in one yard for the same candidate or issue. There also needs to be a definition in the chart for changeable signs. Gretchen Cerveny Ms. Cerveny testified as the city's mayor and former small business owner. She stated that part of the attraction of Wheat Ridge is its eclectic nature. City revenues come from use and sales taxes and business licenses and therefore the sign code should be supportive of businesses. Small businesses often have very limited resources and banners and pennants are inexpensive ways to advertise. She supported a limitation on the number of temporary permits since small business owners have a hard time leaving their businesses to keep getting permits and the city is limited on hiring people to keep track of the permits. She favored allowing businesses to have at least one banner. She suggested educational efforts to inform small business owners about signage. She favored a sign code that is flexible and that will honor the diversity of Wheat Ridge. 9 10. 11. 12. There was a consensus of the Commission that the sign code needs more consideration. Staff will also survey surrounding jurisdictions regarding their sign codes. It was moved by Commissioner McNAMEE and seconded by Commissioner WESLEY to continue Case No. ZOA-03-18 to a date uncertain. The motion passed unanimously. NEW BUSINESS There was no new business to come before the Commission. COMMISSION REPORTS There were no Commission reports. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. ADJOURNMENT It was moved by Commissioner CHILVERS and seconded by Commissioner STEWART to adjourn the meeting at 10:02 p.m. The motion passed unanimously. Phil Plummer, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 5 October 7, 2004 the recently installed city lighting, such as along 38`s Avenue, illegal and cause a financial burden to the city for lighting replacement. Commissioner McMILLIN commented that the ordinance won't require replacement of the lights, but any new lighting would have to conform to the ordinance. Mayor Cerveny stated that she would like to see any new lighting look the same as that already installed. Chair PLUMMER commented that shields could be placed on existing lights without a great deal of expense. New lighting could look the same and still conform to the new lighting standards. There was discussion about giving direction to staff to research and report on options for retrofitting existing street and pedestrian lights It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that the ordinance be amended under Section E,1 "Parking Lots" to read: Maximum foot-candles shall not exceed ten (10) foot-candles for parking lots measured as an average of readings taken directly under a main. lighting standard and directly between two lighting standards in the interior of the parking lot. The motion passed 3-2 with Commissioners CHILVERS and SCEZNEY voting no and Commissioners STEWART and WITT absent. It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding the sign code, be approved with the amendment to Section E,1. The motion passed 5-0 with Commissioners STEWART and WITT absent. B. Case No. ZOA-03.18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Meredith Reckert. There was jurisdiction to hear the case and Ms. 001* Reckert reviewed the staff report. Time limits on the display of political signs and number of signs allowed per candidate or issue were discussed and whether or not time limits would -infringe upon freedom of speech. Commissioner WESLEY suggested that the city attorney research case law regarding such limitations and their relation to freedom of speech. Amortization for nonconforming signs was discussed. Commissioner CHILVERS commented that it is important to reach a long-term solution to nonconforming signs in the city.' Commissioner WESLEY suggested defining political campaign signs which would be different than political signs. Chair PLUMMER asked to hear from members of the public. Planning Commission January 20, 2005 Page 3 ATTACHMENT 3 Gretchen Cerveny 3425 Moore Street Mayor Cerveny asked for more clarification regarding flags, pennants and streamers. She asked if flags on light poles along 38'', balloons such as those on dealership automobiles, and streamers such as on Casey's RV were allowed under the proposed ordinance. Ms. Reckert explained that the 38`s Avenue business district and holiday flags are permitted under the flags for non-profit organizations or holiday decorations categories of the regulations. The streamers similar to those at Casey's RV are allowed up to 30 days per year. The balloon regulations apply to large advertising balloons and not small balloons such as those attached to automobiles at dealerships. It was moved by Commissioner McMILLIN and seconded by Commissioner CHILVERS 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: 1. The changes will improve readability and understanding of the sign code. 2. The changes deal more effectively with negative effects of exterior lighting on adjacent properties. With the following conditions: 1. Accept Option B amortizing nonconformities over a five-year deadline and eliminating section (B) of Option B pertaining to discontinued businesses. 2. The city attorney will research case law regarding time limitations for political campaign signs as they relate to free speech. 3. The category for "Pennants, streamers, and similar devises" be expanded as discussed. The motion passed 5-0 with Commissioners STEWART and WITT absent. 8. OLD BUSINESS There was no old business to come before the Commission. 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. Planning Commission Page 4 January 20,2005 April 01, 2007 Some thoughts related to the Wheat Ridge Sign Code: 1. Encourage the display of public art by not automatically considering "art" as "signage" when its' subject directly or abstractly relates to the business that is displaying it. For example: A cat hospital displaying at its front door a large sculpture of a kitten with a ball of twine, or a green dinosaur statue at a Sinclair station, should not have the square feet of the sculpture subtracted from its' allotted "signage". The appropriateness and allowability of the "art" could be determined by the Board of Adjustment, but on the basis of its' art component rather than the current "excess signage" perspective. I Encourage "icon" type signage. Example: A coffee shop sign with a cut-out of a coffee cup (the icon) standing above it, or a vision clinic with a pair of eye glasses hanging under it, a gift store with a gift box attached to the sign, etc. These icon signs work well for the business and for the passing customer, and allow a point of visual interest to the shopping area without adding to the clutter of conventional signage. Allow within limits, that the icon portion of the signage not be included in the total calculation of allowable square footage. Discourage the use of excessive banners and other temporary signage, as currently occurs in particular at liquor stores and taverns. Possibly just enforce the current code. 4. Allow some type of "home business" signage. If code described design criteria are applied to these signs they would not be "objectionable" at all, and would add to the value of the business to the surrounding community and therefore the viability of the business and the city sales tax base. The compatibility or lack of compatibility of the signage to the neighborhood could easily be determined by the Board of Adjustment. Take a good objective look at the current prohibitions related to "moving", "flashing", etc. components of the current code. I feel that the broad assumptions related to citizen "safety" are far too weighted from the perspective of myth and urban legend rather than actual data and science. I feel that some motion component could be allowed in select cases and or locations. 6. Take a good look at the visual "clutter" being caused by the city itself in its' over- growing number of traffic signs related to warnings, cautions, and other `necessary" "information". Tom Abbott 10780 W. '35 a' Ave. Wheat Ridge, CO ATTACHMENT 4 Page I of 2 Meredith Reckert From: Alan White Sent: Friday, June 08, 2007 9:08 AM To: Meredith Reckert Subject: FW: amendment to sign code ordinance Follow Up Flag: Follow up Flag Status: Completed Attachments: Sign Code approach number 1.doc; Sign Code approach number 2.doc Well, just another reason to continue. Alan White, AICP Community Development Director 303-235-2844 From: Gerald Dahl [mailto:gdahl@mdkrlaw.com] Sent: Friday, June 08, 2007 12:35 AM To: Alan White Cc: Christopher Price Subject: amendment to sign code ordinance Alan, Wanda is interested in amending the pending ordinance to require campaign signs to be taken down after the election. As you might remember, I suggested that the (previous) requirement in the sign code doing just that be removed, in light of case law stating that such limitations were unconstitutional. While this came up a few weeks ago, it is my fault that I have not been able to review the research and come to a conclusion until today. At my request, Chris Price researched the request, and found that the case law has not changed - if you have to look at the content of the sign to determine if a regulation applies, it is content-based, and violative of the First Amendment. And, you arguably have to look at the content to determine it is an election sign that would be regulated by a requirement that such signs be removed X days after the election. However, there is one federal circuit court decision that allowed such a regulation, in the context of limitations on all temporary signs, of which political signs were only one type. In that case, temporary signs had to be taken down after x days, and temporary political signs were actually given a little more time. We have learned that a number of metro area cities have such restrictions on the books. I have come to the conclusion that the City could adopt such a restriction, and especially if it only dealt with the time after the election (not how soon before the election they could be up), and it were made a part of a regulation on all temporary signs, it would at least stand a chance of being upheld. I attach two alternative motions amending the sign ordinance on second reading for next Monday. Approach number one amends the definition of temporary sign and creates the two time periods - three days after the event (for all but temporary political campaign signs) and seven days for the campaign signs. Notice that this amendment recognizes that some political signs are not temporary - that is, they do not relate to an election. In that case, no time limit is imposed at all. This motion most closely approximates the regulation in the case I mention above. Approach number two does not attempt to amend the temporary sign definition or impose any take-down restriction on temporary signs in general, and instead just amends the definition of political sign to say that those 6/8/2007 Page 2 of 2 signs relating to an election must come down seven days after the election. This approach is what other cities in Colorado are doing, and although it may be unconstitutional, at least we would be in good company. I understand that you would likely prefer not to have any amendment at second reading, but I have told Wanda that I could support a limited amendment and I promised her that I would get her the text before the meeting on Monday. I would like to do that over the weekend; thus this long message to you, because I don't want to give her something that you don't like. It may be that you would not want to get into the business of saying when temporary signs in general must come down, or that it is not simply a matter of establishing one time limit for all temporary signs (except for election signs), or that it raises other complications of which I am not aware. In that event, approach number two is probably better. I have made it as low profile as I can As it turns out, I am in a day-long meeting at the Colorado Historical Society today (Friday). What I would like is if you could look these options over and I will plan to break out of the meeting and call you mid morning today. If we fail to connect, you could leave me a voice mail or reply to this email. If you would like some more background on that circuit case, call Chris at 303-493-6688. Alan, thanks for you patience with me on this. Talk to you soon Gerald E. Dahl gdahl@mdkrlaw.com Direct: 303-493-6686 Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Suite 200 Denver, CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. 6/8/2007 I move to amend the ordinance by amending the definition of "political sign" appearing in Section 26-702, to read as follows: 1) 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. POLITICAL SIGNS RELATING TO AN ELECTION SHALL BE REMOVED SEVEN (7) DAYS FOLLOWING THE DATE OF THE ELECTION. I move to amend the ordinance by amending the definition of "temporary sign" appearing in Section 26-702, to read as follows: 1) Temporary sign. Any sign, banner, pennant, valance or other outdoor adve: tisiag sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. TEMPORARY SIGNS SHALL BE REMOVED WITHIN THREE (3) DAYS FOLLOWING THE EVENT FOR WHICH THEY ARE DISPLAYED, WITH THE EXCEPTION OF TEMPORARY POLITICAL SIGNS RELATING TO AN ELECTION, WHICH SHALL BE REMOVED SEVEN (7) DAYS FOLLOWING THE DATE OF THE ELECTION. 2007 Election Calendar Coordinated Mail Ballot Vote Center Page 3 AUGUST 28 Second reading of ordinance designating use of Uniform Election Code or adoption of resolution setting ballot language for TABOR issue and for charter amendment (full text of amendment is published within 30 days of adoption of ordinance; election held not less than 30 nor more than 120 days after publishing election notice) - 31-2-210(4), C.R.S. AUGUST 28 IGA must be signed by both the City and the Commissioners not less than 70 days prior to the election and in Adams County's possession, if participating in coordinated election, or have a TABOR issue on ballot (for mailing package of information containing statements summarizing for and against TABOR issue) -1- 7-116(2), C.R.S. AUGUST 30 Last day to file amendment to nomination petitions at any time before the 67th day before the election - City Code Section 2-236(a),1-4-805, C.R.S. AUGUST 31 Last day to withdraw from nomination is no later than 64 days before the election - City Code Section 2-236(a)(1) (1-4-1001, C.R.S. does not have a deadline). AUGUST 31 Affidavit of intent for write-in candidate must be filed by the close of business on the 64th day before the election - City Code Section 2-236(c)(1) and 1-4- 1102(2), C.R.S. SEPTEMBER 4 Petitions shall be deemed valid by Clerk, unless written objection is filed within 5 days after the petition is filed. Do not send letters out stating sufficiency of petition until 5-day time period has passed - City Code Section 2-236 (b). SEPTEMBER 4 No later than this day arrange for Presiding Judge to Administer Oath of Office to newly elected officials at the November 20th Council meeting. SEPTEMBER 5 Have Election Commission meet to draw names by lot prior to certification of the ballot - last day for arrangement of names is no later than 60 days prior to the election or September 7. -1-5-203(3)(a) and 406, C.R.S. SEPTEMBER 6 Last day to fill vacancy in nomination is no later than 61 days before the election - City Code Section 2-236(a)(2) (no specific deadline in Uniform Code). SEPTEMBER 6 Submit ad for comments on TABOR issue to Northqlenn-Thomton Sentinel for September 13 publication. SEPTEMBER 7 First day election campaign signs may be erected 60 days prior to the election. City Code Section 18-1048(b)(1). SEPTEMBER 7 Last day to certify the ballot content to County Clerk and Recorder if participating in coordinated election no later than 60 days before the election. -1-1-110(3), 1-5- 203(3) and 31-2-210(3.5), C.R.S. SEPTEMBER 10 Begin mailing flyers in utility bills to residents including residents of apartments and mobile homes. Page 1 of 2 Christa Jones From: clerklist-owner@cml.org on behalf of Lucille Miller [Lucille.Miller@cityofthornton.net] Sent: Tuesday, May 22, 2007 8:40 AM To: clerklist@cml.org Subject: RE: [Clerks Listserv] election campaign signs This is what our City Code says: Sec. 18-1048. Political campaign signs. (a) General requirements. Type freestanding or wall Freestanding only Maximum Sign Area 12 square feet per sign, and accumulatively 60 square feet per zone lot on private property. 6 square feet per sign on public right-of-way. Maximum Number of Signs N/A. Maximum Height 6 feet on private property and 4 feet on public right-of- way. If located in the City's right-of-way, height is measured from the top of the curb or the adjacent pavement, whichever is higher. Minimum Setback Setbacks from intersections will be in accordance with Section 18-1046(f). If located on private property, 5-foot setback from the property line. If located in the City's right-of-way, 5 feet from the curb or pavement, unless the street is unimproved roadway, then the flow line of the street is utilized. Illumination May not be illuminated. (b) Special requirements. (1) May not be erected more than 60 days prior to an election and shall be removed within five days after such election, provided that signs promoting successful candidates or ballot propositions in a primary election may remain displayed until not more than five days after the general election. Signs may remain in a location 24 hours per day during these periods. Lucille Miller Deputy City Clerk City of Thornton 5/22/2007 Page 1 of 2 Christa Jones From: Wohlmuth, Deborah [DeborahW@townoffrisco.com] Sent: Tuesday, May 22, 2007 8:25 AM To: Christa Jones Subject: RE: [Clerks Listserv] election campaign signs Christa, Language regarding election campaign signs is found in the sign section of the zoning chapter of our Town Code. I include the following information in our candidatelissues packets and on the election page of our Town's website: Political signage Any campaign signs or posters attached, affixed or applied to any piece of public land including but not limited to stop signs, telephone poles or guardrails will be promptly removed and disposed of. Per the Code of the Town of Frisco, Chapter 180, Zoning, Section 180-22, General Regulations, political signs may not exceed six (6) square feet and may not be erected more than fort -five days prior to the election. All signs must be remov no later than three ays o owing e e ection. These signs are considere exempt from the sign code and do not need a permit. For more information on Department at (970) 668-05276, ext. 3041. Let me know if you've got any additional questions. Deborah Deborah Wohlmuth Town Clerk Town of Frisco 1 Main Street P.O. Box 4100 Frisco, CO 80443 970.668.5276 ext 3034 970.668.0677 Fax www.townoffrisco.com please contact the Community Development Town of Frisco 100% powered by wind. Stroll Main Street of the Rockies for shops, galleries, restaurants and museums that guide you to the Frisco Bay Marina. The word on the street is Frisco! From: clerklist-owner@cml.org [mailto:clerklist-owner@cml.org] On Behalf Of Christa Jones Sent: Monday, May 21, 2007 4:54 PM To: clerklist@cml.org Subject: [Clerks Listserv] election campaign signs Hello everybody! Election time is creeping up on me and I'm trying to stay ahead of the game. We are also revising our Sign Code with a public hearing date of June 11, 2007. Could you please tell me if you have a time frame as to when campaign signs can be put up and have to be taken down. Is it part of your Municipal Code or is it in your sign code? Thanks in advance! 5/22/2007 0) Ut ~ W N 1 ~ \ S i CL CL (D N N 1 m y N (~7 L O ~ D I CD m y 01 D O N O O O ~O ~D y ~D I c CD t.J c (D Lri N O O V 5 r 0 n n rol- 0 mo MMI mo CD a U) LO. CD A ■ (D V), Q rml~ mo mo CCD 0 CCD V) 0) CL n rml~ ~o CD n 0 0 U ■ ■ ■ CD 3 70 n' un O rat 0 0 rn n 0 O C~ 'v O ~D 'C ■ ■ ■ ■ ■ -s --1 n p O 00 cn, V) `o o Q) Lo f-) O O =3 CD =3 En E 3 9 3 (o rt CD fl- CD rt Qj CD ry` O -1 -1 -0 0 ~ Lo -7 O o- ~ c CD n0 CD 3 0- O O cn n i~ c (DD O r-r M n ~ . O -0 --h o 3 O D rt o -0 =T ~ fD cr o 0 0- ~ n . 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L CAD n 77 I 3 Ln 0 zr CAD CD O La z m (Q O O CD 0 rk O Zi ■ CD E _3 O ■ n O 3 mo n CD u C. c~ 0 W n CD N CD n ■ 0 rt O 0 Ul c~ c~ CD 0 0 ■ cn cam' rat Q rl~ c~ FA4 tA - D t, r-t r CD O aj LO o v o = 0 (D N n O. O r* . 0 cn :3 :3 C~ r-r O rt r-P =r O CD - ~ C: - D ~ n• n~ pit ti ~n r`h O 'V .t ~D ol~ 0 a a °F WHEAL ' m NEWS RELEASE °O~ORpO° Office of the City Manager City of Wheat Ridge 7500 West 29th Avenue, Wheat Ridge, Colorado 80033-8001 FOR IMMEDIATE RELEASE: CONTACT INFORMATION: May 24, 2007 Heather Geyer, Assistant to the City Manager/PIO (Office Phone) 303-235-2826 (Cell Phone) 720-239-3644 E-mail: hgeyer@ci.wheatridge.co.us CITY OF WHEAT RIDGE TO HOST OPEN HOUSE ON PROPOSED SIGN CODE Wheat Ridge, Colorado On Tuesday, June 5, 2007, from 5:30 to 7 p.m., the City of Wheat Community Development Department will host an Open House on proposed Sign Code revisions. The Open House will be held at Wheat Ridge City Hall, located at 7500 W. 291h Avenue in the City Council Chambers. The Open House will include a brief presentation at 6 p.m. and a question and answer period to follow. Copies of the proposed Sign Code will be available. All residents, local business owners, and sign contractors are invited to attend to provide input on the proposed revisions. Following the Open House on June 5th, the proposed Sign Code revisions will be presented to City Council for Public Hearing at the June 11, 2007 City Council meeting. The City of Wheat Ridge's existing sign code was adopted as part of an overall Zoning Code revision in 2001. The Community Development Department has been working on revising the Sign Code since 2003. The proposed Sign Code revisions are part of the City's Strategic Planning efforts. To view a copy of the proposed Sign Code revisions, please visit the City Web site at www.ci.wheatrid eg co.us and look at the Community Development page under "What's New." For additional information, please contact Meredith Reckert, Senior Planner at 303-235-2848. of w„EqT ITEM NO: "o U o oRpoo m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: May 14, 2007 TITLE: COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: May 14, 2007) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No 4L Community Development Director EXECUTIVE SUMMARY: City Manager The existing sign code was adopted as a part of the overall zoning code rewrite in 2001. The Community Development Department has been working on revisions to the sign code since 2003. Attached is the ordinance repealing and re-enacting Article VII of Chapter 26. The maior changes proposed are: 1. Incorporation of charts for the Residential, Agriculture and Public Facilities Districts and Commercial, hidustrial and Mixed Use districts to be more "user friendly". The charts include provisions for permitted signs, prohibited signs, signs exempt from permitting and specifications for size, height, number and setbacks. 2. Definitions have been added or modified. 3. New categories have been added including "rooms for rent" signs, menu reader board signs, canopy signs and changeable copy signs. 4. Other categories have been modified including the reduction of the amount of door and window signs allowed, reduction of setbacks for portable signs and projecting signs and modification of banner allowances. 5. Performance standards have been added which deal with lighting, sight distance and maintenance of signs. Adoption of this ordinance implements Council's goal of creating a strong partnership with the community. COMMISSION/BOARD RECOMMENDATION: The Planning Commission's public hearings on this ordinance occurred on October 7, 2004 and January 20, 2005. STATEMENT OF THE ISSUES: Please note that the ordinance has been prepared to repeal and re-enact Article VII, Sections 26-701 through 26-710. This does not lend to doing bold and strike-throughs to show the changes. Changes proposed are designated with red-colored typeface. The changes proposed are intended to provide more flexibility for business owners while protecting the visual appearance of the City's commercial areas. Provisions have been included to negate impacts to adjacent residential properties. At the last study session with City Council on this topic (April 2, 2007), consensus was given on the following items: 1. Increasing the time allowance for inflatables from one 30-day period (or two 15-day periods) to one 60-day period (or two 30-day periods or four 15-day periods). 2. Keeping the existing regulations relative to non-conforming signs as amended by City Council last year. Another item of concern which was not addressed at the study session is the issue of portable signs. Under current regulations, a multi-tenant building can have a maximum of two portable signs set out near the street. This means that if there are more than two tenants in a building, the first two tenants to receive permits would meet the maximum. Business owners who cannot be issued sign permits for portables have complained that this regulation is inequitable. However, staff has concern about how loosening this standard would visually impact our commercial corridors. Staff has also included a provision that lighted signs be turned off one hour after the business which they are advertising is closed. The allowance for Master Sign Plans has been included back in the legislation. ALTERNATIVES CONSIDERED: 1. Do not approve the proposed legislation. 2. Modify existing proposed legislation. FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 06-2007 on first reading, order it published, public hearing set for Monday, June 11, 2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Report Prepared by: Meredith Reckert Reviewed by: Alan White Attachments: 1. Council Bill 06-2007 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. April 2. 2007 6:30 p.m. APPROVAL OF AGENDA Item 1. WR 2020 Redevelopment Project -38 th Avenue & High Court Type 11 Item 2. Mile High Compact Type 11 Item 3. Sign Code Revisions Type 11 00 0 C) N C U N O Ul) 0 N U Q U ra - . 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L O_ N O -Fu Q) O i N N E m Q) ro E N L U a 0) (n L N 4-1 cn E 0 O V C O Z O O N L 0 O C: O a--+ V) u C: 4-- f~ U p)U C•U) >1 E 5-0 O O N 4- E O a)-0 O u 4-J C: U) O O .•+C:-, Q4-J O a) U C: Q cn .O Q- a~ ~ C M ,Fa Q ~ C rl-j N O 0 V U -0 00 L -.c E_0 U.- C: •vi Q) ~ O4-J -4-' O flo O ~ O ~ o~ O •E Q~ O O i O U co u 0u 4-J N O -0 Lr) 0 > cU O U O L ~ U • H M 00 O O C• N O E L o~ plU~ O 4-1 Q O cv April 01, 2007 Some thoughts related to the Wheat Ridge Sign Code: Encourage the display of public art by not automatically considering "art" as "signage" when its' subject directly or abstractly relates to the business that is displaying it. For example: A cat hospital displaying at its front door a large sculpture of a kitten with a ball of twine, or a green dinosaur statue at a Sinclair station, should not have the square feet of the sculpture subtracted from its' allotted "signage". The appropriateness and allowability of the "art" could be determined by the Board of Adjustment, but on the basis of its' art component rather than the current "excess signage" perspective. 2. Encourage "icon" type signage. Example: A coffee shop sign with a cut-out of a coffee cup (the icon) standing above it, or a vision clinic with a pair of eye glasses hanging under it, a gift store with a gift box attached to the sign, etc. These icon signs work well for the business and for the passing customer, and allow a point of visual interest to the shopping area without adding to the clutter of conventional signage. Allow within limits, that the icon portion of the signage not be included in the total calculation of allowable square footage. Discourage the use of excessive banners and other temporary signage, as currently occurs in particular at liquor stores and taverns. Possibly just enforce the current code. 4. Allow some type of "home business" signage. If code described design criteria are applied to these signs they would not be "objectionable" at all, and would add to the value of the business to the surrounding community and therefore the viability of the business and the city sales tax base. The compatibility or lack of compatibility of the signage to the neighborhood could easily be determined by the Board of Adjustment. Take a good objective look at the current prohibitions related to "moving", "flashing", etc. components of the current code. I feel that the broad assumptions related to citizen "safety' are far too weighted from the perspective of myth and urban legend rather than actual data and science. I feel that some motion component could be allowed in select cases and or locations. 6. Take a good look at the visual "clutter" being caused by the city itself in its' ever- growing number of traffic signs related to warnings, cautions, and other "necessary" "information". Tom Abbott 10780 W. 3511' Ave. Wheat Ridge, CO City of Wheat Ridge pF WHEgrR Community Development Department m Memorandum c~C ORP~~ TO: Mayor and City Council FROM: Alan White, Community Development Director SUBJECT: Sign Code Revisions ~%v DATE: March 23, 2007 Attached are three documents dealing with the revised sign code. We have proposed a major change to the way the information is presented in the Code which doesn't lend itself well to the standard bold and strikethrough format of showing changes. For that reason, we are proposing to repeal and re-enact Article VII (Sign Code) and the ordinance that has been prepared (see attached) shows only the new language so as not to confuse the codifier. Nonetheless, the majority of the changes are embodied in Exhibits 1 and 2. These two charts list the requirements for various types of signs in the various zone districts. The chart format presents all of the information about a particular sign type in one place. In the existing code, a user must look in three different sections to determine if a certain type of sign is allowed, if it needs a permit, and how big it can be. We believe the charts are easier to use. In addition to the charts, the other major changes are discussed in the memo from Meredith Reckert. Her memo also summarizes the process of review we had with the Planning Commission. Other changes are to the definitions to add new types of signs or clarify existing types (See Section 26-702), revising non-conforming regulations based on Council Code change in 2005 (See Section 26-706), and adding performance standards (See Section 26-707). City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-18/Sign Code DATE: March 21, 2007 BACKGROUND Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding signage. The following is a brief history of actions relating to the sign code. February 2001: A new sign code is adopted as Article VII 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 sign code changes. Planning Commission made the following recommendations: • Business flags should be allowed as originally recommended by staff. • In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. December of 2003: City Council discussed the sign code at study session where they made the following recommendations: • 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 up to 50% of wall signage allowance on a canopy. Changeable copy signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. Banners: Allow half the size of a permanent sign for a limited time until a permanent 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: • The issue of sight distance triangles not being required at signalized intersections should be revisited. There was a consensus that sight distance triangles should be considered at all intersections, including those that are signalized. • Setbacks of 10 feet for freestanding and portable signs should remain at 10 feet rather than changing to 5 feet. • Construction sign regulations should also apply to mixed-use developments. • Suggestion that staff look into possibly limiting size of balloons by square footage. • Artistic mural or sculptures should not allow "branded" products. • Home occupation signs should be allowed within reason. Suggestion that signs be allowed in residential areas on major arterial streets or where surrounded by commercial situations but not in solid residential areas. Signs should be no more than 2 square feet in size. • Regulations for commercial and industrial zone districts should also include mixed-use developments. • Lighted signs that are partly blank should have the blank sections obscured. • Staff will check on the average life of cabinet signs in order to assist in developing regulations for amortization of nonconforming signs. 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 following issues: non-conforming 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 were discussed: political campaign signs, flags/banners/balloons, off-premises signs and nonconforming provisions. Political campaign signs: Should there be limitations on the number allowed (one per candidate or issue)? Should there be time limits for removal of campaign signs? A motion was made that for ballot issues, primary and general elections, signs be allowed to be put up 90 days prior and be taken down 15 days after the election. The motion failed to pass. Subsequent conversations with the city clerk have revealed that while she would like campaign signs to be required to be taken down 15 days after the election, the city attorney has a problem with defined time frames for political signs. He is okay with the one sign per topic/candidate limitation. Staff has not changed the chart which indicates "no limit" per topic or candidate. 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 into the sign standards charts. • Off-premises signs: There was a motion made to reaffirm the City's prohibition on off- premises signs. Nonconforming regulations: There was a consensus by 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). Staff was asked to research whether other municipalities have amortization periods for nonconforming signs. The following entities have specific amortization periods: Arapahoe County (five years), Boulder (from 3 to 7 years based on the value of the sign), Commerce City (six years), Englewood (three years), Lakewood (ten years), Litttleton (seven years). The following cities examined did not have blanket sign amortization clauses: Arvada, Broomfield, Denver, Longmont, Louisville, and Westminster. Our research revealed that Lakewood was the only entity that required compliance with existing sign regulations upon expansion of an existing business' gross floor area, parking or loading area by twenty percent or more. January 31, 2005: Staff met with City Council at study session to discuss the proposed changes. There was a consensus that the sign code modifications should be delayed until further consideration of the NRS occurs. January 20, 2005: Planning Commission approved the sign code modifications at a public hearing held on January 20, 2005. A recommendation of approval was made for the following reasons: 1. The changes will improve readability and understanding of the sign code. 2. The changes deal more effectively with negative effects of exterior lighting on adjacent properties. With the following conditions: 1. Accept Option B amortizing nonconformities over a five-year deadline and eliminating section (B) of Option B pertaining to discontinued businesses. 2. The city attorney will research case law regarding time limitations for political campaign signs as they relate to free speech. 3. The category for "Pennants, streamers and similar devices "be expanded as discussed. No additional work has been completed by staff or the city attorney due to action taken by City Council on January 31, 2005. March 13, 2006: City Council approved an amendment to Section 26-707.A. of the sign code dealing with non-conforming signs. The intent of this legislation was to not require non-conforming signs to be brought into conformance with other sections of the sign code if the only change is the replacement of a cabinet on top of an existing structure. This provision has been incorporated into the proposed ordinance reflecting additions and deletions. SUMMARY OF ORDINANCE CHANGES/STAFF COMMENTS FORMAT CHANGE: All signs addressed in Section 26-706 (Signs exempt from permit requirement), Section 26-708 (Prohibited signs) and Section 26-709 (Permitted signs; specifications and regulations) have been put into a chart format. There are two charts: one for residential, agriculture and public facilities zone districts (Exhibit 1) and one for commercial, industrial and mixed-use zone districts (Exhibit 2): The charts, which are incorporated into the ordinance as new sections 26-709 and 26-710, list the types of signs down the left-hand side. Across the top, the following sign characteristics are identified: whether the sign type is permitted, whether a permit is needed for installation, maximum size and height, maximum number, minimum setbacks and other requirements. A sign is permitted to be illuminated unless designated otherwise under "other requirements". SECTION 26-702 - DEFINITIONS Definition of animated sign: Slightly modified definition. Removes "time and temperature signs" from definition. "Time and temperature" signs are now considered 4 "changeable copy" • Definition of artistic mural or sculpture: Definition has been slightly modified to disallow "branded" products, per Planning Commission recommendation. The note that has been stricken-through was incorporated into the sign standards chart. • Definition of banner: A definition of banner has been added. • Definition of billboard: The definition of billboard has been slightly modified. • Definition of bulletin board: Removed • Definition of changeable copy sign: Removes reference to flashing sign. • Definition of development: Add multi-tenant buildings to definition. • Definition of off-premises signs: Modified definition. Specifies that public and semi- public signs are not considered off-premises signs. • Definition of public information signs: Removed as they are included in the definition of public sign. • Definition of public signs: Slightly modified definition. • Definition of revolving sign: Slightly modified definition. Revolving signs are considered animated and are prohibited. • Definition of roof sign: Slightly modified definition. Roof signs are prohibited. • Definition of traffic and regulatory signs: New type of sign reflected in sign standards charts. SECTION 26-703 - ENFORCEMENT AND PENALTIES • 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. SECTION 26-705 - PERMIT REQUIRED • Requires submission of a "to-scale" drawing with permit information • Allows fees to be established by separate instrument (Appendix A). SECTION 26-706 - SIGNS EXEMPT FROM PERMIT REQUIREMENT The following types of signs have been incorporated into the sign standards charts: flags, public signs, real estate signs, rooms for rent signs, construction signs, door and window signs, political campaign signs, house and building address signs, informational signs, historic plaques, artistic murals or sculptures, public and semi-public signs, and barber shop poles. Bus bench and bus shelter signs have been included in miscellaneous provisions. The following changes have occurred to specific categories of exempt signs. • Flags: Removes banners from the definition of flags. • Rooms for rent: Added a maximum size and number limitation. Has to be on the property it is advertising. • Door and Window signs: The square footage allowance for window and door signs has been reduced from 50% to 25%. Addressed in sign standards charts. • Signs inside buildings: Signs inside buildings but visible from outdoors have been deleted. • Political campaign signs: 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 permitted. If Planning Commission disagrees with this, it should be a condition of approval. • Informational signs: 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: Bus bench signs and bus shelter signs are addressed in miscellaneous provisions. Adds a maximum size for bus stop shelter signs. SECTION 26-707 - GENERAL PROVISIONS Non-conforming signs: Please see prior discussion regarding this topic. The three variations on the non-conforming section follow. EXISTING REGULATIONS (Includes the modification approved by City Council pursuant to Case No. ZOA-05-06) A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived maybe continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. OPTION A (ALLOWS NONCONFORMITIES TO REMAIN) (Includes the modification approved by City Council pursuant to Case No. ZOA-05-06) 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: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. O. Lq:the e e«4~+1.^ e e ^f ^ . F is .7: «ti« e i f.: ed of six z g dj8*t,4n whieh *4s located or be . n di sease al basis-. S6~~senal ~ises, shall,be subjent to a iiwelvp mRnth period of nonuse prior to 7 7 -3-: 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. 4 3 Normal maintenance suoh ^ painting and message rolaeement vv-M, sixty (60) days of prier use which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. Arface change is considered normal maintenance. 3: 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. . . . A.2., above, the s~ sha4 tt~t=e Rd1'S#iqP. R4; qe~ e business wid4n sixty (60) days of di,,;eRBtiuuaBe@ shall b OPTION B (AMORTIZES NONCONFORMITIES) (Does not include the modification approved by City Council pursuant to Case No. ZOA-05-06) 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to naWr4cjaus 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 9#e as palm... and message repla days of pfie~-,ase which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. A face change is considered normal maiutenanee. 5. When a business with nonconforming signage expands the building gross floor area, or parking areas twenty percent (20%) or more, all 'nonconforming signage shall be brought into conformance. 3-6. 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. 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. • Incorporated into performance standards: Dangerous have been addressed in performance standards. SECTION 26-708 - PROHIBITED SIGNS 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, location of signs, attachment to public structures and conformance to building codes. • 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 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. SECTION 26-709 PERMITTED SIGNS All of the permitted signs in this section have been incorporated into the Sign Standards Charts. That would include arcade signs, changeable copy signs, freestanding signs (both residential and non-residential), portable signs, projecting signs, public signs, residential subdivision signs, temporary model home signs, semipublic signs and temporary signs. The categories of temporary signs include construction signs, for sale signs, banners, pennants and inflatables, and wall signs. • Other issues of concern have been incorporated into the General Provisions/Performance Standards: illumination, establishment of right-of- 10 way/property line and maintenance. • 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. The following changes have been made to the specific permitted sign categories. Canopy signs: Canopy signs is a new designation addressing signage on attached and detached canopies (gas stations, bank drive-throughs, etc). Canopy signs are not allowed for one or two-family residences. The recommended size allowance permits up to 50% of the permitted wall sign square footage to be used on the canopy (Planning Commission recommendation). Canopy signs must be appurtenant to a public street or major interior drive. Changeable copy signs: This is a new category that is permitted for most types of signs (wall signs, freestanding signs, etc). These signs must follow the provisions for size, height and setback for the individual types of signs allowed in the particular zone district. "Time and temperature" signs would be categorized as a changeable copy sign. Changeable copy signs are not allowed for one or two-family residences. Freestanding signs - residential, agriculture, public facilities: The existing code utilizes a formula for freestanding signs based on lot size with a maximum 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 10' to 5'. Freestanding signs - commercial, industrial, mixed use: 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. Menu board/drive through directory signs: This is a new category of signs directed specifically at drive-through restaurants, banks, etc. In the past, menu reader boards have previously considered "informational" signs which are limited to four square feet. This size limitation is typically not adequate to convey the amount of information needed. Staff is recommending a 30 square foot size standard as indicated on the sign standards chart. Portable sign: No changes except that portable signs 36" and less in height can be setback 2' (formerly 5'). Signs higher than 36" can be setback 5' (formerly 10'). Portable signs can be located in the right-of-way. They cannot block sight triangles or block public sidewalks to the extent that the ADA requirement of 3' of unobstructed width is violated. At the August 2004 study session, Planning Commission recommended the setback be kept at 10'. Staff believes that because the sign allowance is small (six square feet total), the recommended 2' and 5' setbacks are proportionate and appropriate. 11 • Projecting signs: 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: This category combined public, semi-public and public information signs. No major changes. "Activities" are now referred to as "organizations or attractions". TEMPORARY SIGNS Construction signs: No changes except construction signs 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: Added a setback requirement of 5'. Real estate signs cannot be illuminated. Banners: Staff s original recommendation was to allow one banner at all times for all land uses except single family. Planning Commission modified 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 year for 30 days 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 on 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: 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 or public signs. Permits are required. • Balloons and other inflatable devices: 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 signs: 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: No changes to the number, location or size. Some minor verbiage changes. 12 SECTION 26-710 - MASTER SIGN PLAN Staff is recommending that the master sign plan provisions be entirely removed from the sign code. The intent of 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 of signs with up to a 50% increase in the amount of square footage permitted. Since adoption in the early 1990's, this code provision has been has been utilized twice. The most notable application was one for the Medved Autoplex development at 11001 and 11201 W. I-70 Frontage Road North. The applicant was requesting a master sign plan with variances to allow six freestanding signs with a total of 908 square feet of sign area. To achieve this, variances were required for the number of 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 on the western property. 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. For these reasons, staff is suggesting this section be removed in its entirety. SECTION 26-711. BILLBOARDS; SPECIFICATIONS AND REGULATIONS. Billboards are being addressed in a separate ordinance. 13 Exhibits: 1. Residential and Agriculture zone district chart 2. Commercial, Industrial and Mixed Use chart 14 INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the regulation of signs; WHEREAS, the City has identified 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: Section 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Additional regulations may apply within the Architectural Overlay District. Consult Architectural Design Manual for specific supplementary regulations. Section 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. 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. Banner: A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. 2 Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to 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 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 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. 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 and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. 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 forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. 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 located. Public and semi-public signs are not considered off-premises signs. 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. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. 4 Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sinn structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. 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 sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 5 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. Section 26-703. Enforcement and penalties. 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/industrial/mixed use sign standard charts. B. Unsafe signs. Section 26-704. Contractor's license required. 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.) Section 26-705. Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed 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. B. An application, accompanied by a " to scale" drawing, for each separate sign permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "to scale" plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 6 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: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. OPTION A 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: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require 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. 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. OPTION B 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. 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. 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. 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 of adoption. Section. 26-707. General provisions/performance standards. 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 and/or 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, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs 1. All signs allowed by this article, except billboards, public signs, and semipublic 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 21, 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, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 10 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 right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 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 standards and requirements of this sign code, is judged by the chief of police and public 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. E. Compliance with building codes 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. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display 1. Notwithstanding the provisions of Section 26-631, any merchandise played outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. 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. 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, skyglow and light pollution. 5. Internally lighted signs with white or light-colored backgrounds, with or without sign copy are prohibited. 6. All lighted signs shall be turned off one-hour after the business which they are advertising is closed. Maintenance 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. J. Removal or reconstruction of dangerous signs. 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. A. Building addresses 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. 12 Signs located on bus benches shall be in conformance with Code of Laws, Article IV, Section 21-124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, Article IV, Section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. C. Freestanding signs - Commercial, Industrial and Mixed Use 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 based on the formulas shown in Section 6. hi 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 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. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor area of Building Single Use Development Multiple Use Development 0--1,500 s.f. 35 s.f. 60 s.f. 11501--5,000 s.f. 35 s.f. plus 1 s.f. per each 60 s.f. plus 1 s.f. per additional 50 s.f. of each additional 40 s.f. floor area over 1,501. of floor area over 1,501. 5,001--50,000 s.f. 100 s.f. plus 1 s.f. per each 50 s.f. of additional 500 s.f. of 150 s.f. plus 1 s.f. per floor area over 5,001. each 300 s.f. of floor area over 5,001. 13 Over 50,001 s.f. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. 300 s.f plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s.f. *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. 1 Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards chart. SEE CHART NO.2 14 Section 2. Safetv Clause. The City of Wheat Ridge 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 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 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. 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 12005. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY 15 OT publication: 2nd publication: Wheat Ridge Transcript Effective Date: GERAL DAHL, CITY ATTORNEY 16 City of Wheat Ridge OF ""EAT p Community Development Department m Memorandum cOC ORA~O TO: Fi e FROM: eredith Reckert, Senior Planner SUBJECT: Signs DATE: April 8, 2005 On April 14, 2005, I met with the W. 38a' Avenue board to discuss pending sign regulation modifications. In particular, we discussed the proposed amortization period of five years as recommended by Planning Commission. Many of the businesses have signs which are non- conforming to today's regulations regarding height, size and setback. It was the general consensus of the board that a mandatory amortization requirement would prove to be a financial hardship for many of the small business owners. Discussion also occurred regarding use of City-owned parking lots to meet the required parking ratios for businesses. Pursuant to section 26-501.C.4. of the zoning and development code, off-street parking shall be provided and locate don the same lot as the use it's intended to serve. City of Wheat Ridge ~oF ""EgrP Community Development Department m Memorandum c~(pRpD~ TO: City Council FROM: Oe-redith Reckert, Senior Planner SUBJECT: Sign Code DATE: January 31, 2005 On January 20, 2005, Planning Commission finalized their recommendations regarding revisions to the sign code. A total of six study sessions were held with Planning Commission prior to their approval. FORMAT CHANGE: The content of the sign code has not been drastically changed; however, much of the existing information will be presented in a chart format. Signs exempt from permitting, prohibited signs and permitted signs have been incorporated into charts (one for residential, agricultural, and public facilities zonings and one for commercial, industrial and mixed use zonings). Staff feels that the charts will be easy to read and understand. The following are issues that City Council may want to be aware of Political campaign signs: Should there be limitations on the number of campaign signs allowed (one per candidate or issue)? Should there be time limits for removal of campaign signs? Planning Commission recommended that there be no limitation on the number of campaign signs permitted. They have requested the city attorney research case law regarding time limits. • Banners: Planning Commission recommended that all uses except for low density residential can have one banner all the time. The size allowance was limited to a size of one- half the size allowed for a permanent wall sign. • Off-premises signs: The existing sign code does not allow off-premises signs with the exception of billboards and public/semi-public signs. Planning Commission recommended that off-premises signs not be allowed in the city. Nonconforming regulations: Planning Commission's recommended changes, included the addition of a five-year amortization clause which would require all nonconforming signs to be brought into conformance within five years of adoption of the new sign code. Staff feels that the issue of amortization of existing non-conforming signs is a sensitive one which needs to be carefully contemplated. Many of the existing business/property owners have relied on the fact that those existing nonconforming signs were allowed to remain in perpetuity. Creation of an amortization period which affects so many properties has been uncharacteristic of previous City policy. Staff would be happy to discuss the proposed changes at a future study session with City Council prior to proceeding to public hearing. the recently installed city lighting, such as along 38`h Avenue, illegal and cause a financial burden to the city for lighting replacement. Commissioner McMILLIN commented that the ordinance won't require replacement of the lights, but any new lighting would have to conform to the ordinance. Mayor Cerveny stated that she would like to see any new lighting look the same as that already installed. Chair PLUMMER commented that shields could be placed on existing lights without a great deal of expense. New lighting could look the same and still conform to the new lighting standards. There was discussion about giving direction to staff to research and report on options for retrofitting existing street and pedestrian lights It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that the ordinance be amended under Section E, 1 "Parking Lots" to read: Maximum foot-candles shall not exceed ten (10) foot-candles for parking lots measured as an average of readings taken directly under a main lighting standard and directly between two lighting standards in the interior of the parking lot. The motion passed 3-2 with Commissioners CHILVERS and SCEZNEY voting no and Commissioners STEWART and WITT absent. It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding the sign code, be approved with the amendment to Section E, 1. The motion passed 5-0 with Commissioners STEWART and WITT absent. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Meredith Reckert. There was jurisdiction to hear the case and Ms. Reckert reviewed the staff report. Time limits on the display of political signs and number of signs allowed per candidate or issue were discussed and whether or not time limits would infringe upon freedom of speech. Commissioner WESLEY suggested that the city attorney research case law regarding such limitations and their relation to freedom of speech. Amortization for nonconforming signs was discussed. Commissioner CHILVERS commented that it is important to reach a long-term solution to nonconforming signs in the city. Commissioner WESLEY suggested defining political campaign signs which would be different than political signs. Chair PLUMMER asked to hear from members of the public. Planning Commission Page 3 January 20, 2005 Gretchen Cerveny 3425 Moore Street Mayor Cerveny asked for more clarification regarding flags, pennants and streamers. She asked if flags on light poles along 38`h, balloons such as those on dealership automobiles, and streamers such as on Casey's RV were allowed under the proposed ordinance. Ms. Reckert explained that the 38`h Avenue business district and holiday flags are permitted under the flags for non-profit organizations or holiday decorations categories of the regulations. The streamers similar to those at Casey's RV are allowed up to 30 days per year. The balloon regulations apply to large advertising balloons and not small balloons such as those attached to automobiles at dealerships. It was moved by Commissioner McMILLIN and seconded by Commissioner CHILVERS 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: 1. The changes will improve readability and understanding of the sign code. 2. The changes deal more effectively with negative effects of exterior lighting on adjacent properties. With the following conditions: 1. Accept Option B amortizing nonconformities over a five-year deadline and eliminating section (B) of Option B pertaining to discontinued businesses. 2. The city attorney will research case law regarding time limitations for political campaign signs as they relate to free speech. 3. The category for "Pennants, streamers, and similar devises" be expanded as discussed. The motion passed 5-0 with Commissioners STEWART and WITT absent. 8. OLD BUSINESS There was no old business to come before the Commission. 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. Planning Commission Page 4 January 20, 2005 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT January 20, 2005 Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage (Please print) Name Address In Favor/Opposed NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on January 20, 2005, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following cases shall be heard: Case No. ZOA-04-04: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to outdoor lighting standards. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: January 13, 2005 City 4 Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: ``Meredith Reckert SUBJECT: Case No. ZOA-03-18/Sign Code DATE: January 11, 2005 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. BACKGROUND Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding signage. The following is a brief history of actions relating to the sign code. February 2001: A new sign code is adopted as Article VII 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 sign code changes. Planning Commission made the following recommendations: 0 Business flags should be allowed as originally recommended by staff. In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. December of 2003: City Council discussed the sign code at study session where they made the following recommendations: • 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 up to 50% of wall signage allowance on a canopy. Changeable copy signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. Banners: Allow half the size of a permanent sign for a limited time until a permanent 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: • The issue of sight distance triangles not being required at signalized intersections should be revisited. There was a consensus that sight distance triangles should be considered at all intersections, including those that are signalized. • Setbacks of 10 feet for freestanding and portable signs should remain at 10 feet rather than changing to 5 feet. • Construction sign regulations should also apply to mixed-use developments. • Suggestion that staff look into possibly limiting size of balloons by square footage. • Artistic mural or sculptures should not allow "branded" products. • Home occupation signs should be allowed within reason. Suggestion that signs be allowed in residential areas on major arterial streets or where surrounded by commercial situations but not in solid residential areas. Signs should be no more than 2 square feet in size. • Regulations for commercial and industrial zone districts should also include mixed-use developments. • Lighted signs that are partly blank should have the blank sections obscured. • Staff will check on the average life of cabinet signs in order to assist in developing regulations for amortization of nonconforming signs. 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-conforming 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 were discussed: political campaign signs, flags/banners/balloons, off-premises signs and nonconforming provisions. Political campaign signs: Should there be limitations on the number allowed (one per candidate or issue)? Should there be time limits for removal of campaign signs? A motion was made that for ballot issues, primary and general elections, signs be allowed to be put up 90 days prior and be taken down 15 days after the election. The motion failed to pass. Subsequent conversations with the city clerk have revealed that while she would like campaign signs to be required to be taken down 15 days after the election, the city attorney has a problem with defined time frames for political signs. He is okay with the one sign per topic/candidate limitation. Staff has not changed the chart which indicates "no limit" per topic or candidate. 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 into the sign standards charts. • Off-premises signs: There was a motion made to reaffirm the City's prohibition on off- premises signs. • Nonconforming regulations: There was a consensus by 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). Staff was asked to research whether other municipalities have amortization periods for nonconforming signs. The following entities have specific amortization periods: Arapahoe County (five years), Boulder (from 3 to 7 years based on the value of the sign), Commerce City (six years), Englewood (three years), Lakewood (ten years), Litttleton (seven years). The following cities examined did not have blanket sign amortization clauses: Arvada, Broomfield, Denver, Longmont, Louisville, and Westminster. Our research revealed that Lakewood was the only entity that required compliance with existing sign regulations upon expansion of an existing business' gross floor area, parking or loading area by twenty percent or more. Planning Commission's recommended changes, including addition of an amortization clause, are inconsistent with staff's proposed changes to the nonconforming provisions which included deletion of Section A.2. Pursuant to Section A.2., if a business with a nonconforming sign ceases operation, the sign must be removed within 60 days. If these signs are freestanding, they are usually nonconforming relative to height and setback. Many times when a business moves into a rental space, the business owner believes he has rights to the freestanding sign as part of the lease rate. Staff feels it unreasonable for an existing sign to be required to be removed if just a face change occurs. If the sign cabinet is removed, this section requires the nonconforming sign to be brought into conformance to height and setback. If general policy is to eliminate nonconformities, staff's recommended deletion should be included back in. 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 feels that the issue of amortization of existing non-conforming signs is a sensitive one which needs to be carefully contemplated. Many of the existing business/property owners have relied on the fact that those existing nonconforming signs were allowed to remain in perpetuity. Keep in mind that the allowable freestanding sign height was reduced from 25' to 15' in 2001 with the adoption of the new zoning code. As a result of this, many of the existing business signs meet the sign size standard but now exceed the height maximum. Creation of an amortization period which affects so many properties has been uncharacteristic of previous City policy. The lighting code is proposed to have an amortization schedule which will also affect small business owners. Enforcement would be required to ensure compliance with the amortization requirement. 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. 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: 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. 4 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. OPTION A (ALLOWS NONCONFORMITIES TO REMAIN) 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: 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. 3 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. 4 3 Normal maintenance seeff a. r s-- days e€}~tiek rase which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. Aface change is considered normal-maintenance. 5 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 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term 6 conforming with these regulations. "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth a• ; " 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 he reconstructed in conformance with this article. 4. Normal maintenance days s€ ier44$ which does not require modification of the supports or members shall be permitted. A face change is 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. SUMMARY OF ORDINANCE CHANGES/STAFF COMMENTS Attached as Exhibit I is staff's recommended changes to the existing code. Changes proposed 7 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 for the Commission's consideration are shown in bold. Deletions are shown in stakethreagh. Exhibit 2 is a copy of the Sign Code subsections (existing and proposed). This will help you follow the changes that were made and where they were incorporated into the proposed ordinance (attached as Exhibit 3). Many of the changes proposed to the existing ordinance (Exhibit 1) have been incorporated into the charts in the ordinance (see below). When a certain provision has been moved to a new code section, the new location is designated in bold italics. 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). FORMAT CHANGE: All signs addressed in Section 26-706 (Signs exempt from permit requirement), Section 26-708 (Prohibited signs) and Section 26-709 (Permitted signs; specifications and regulations) have been put into a chart format. There are two charts: one for residential, agriculture and public facilities zone districts and one for commercial, industrial and mixed-use zone districts. The charts, which are incorporated into the ordinance as new sections 26-709 and 26-710, list the types of signs down the left-hand side. Across the top, the following sign characteristics are identified: whether the sign type is permitted, whether a permit is needed for installation, maximum size and height, maximum number, minimum setbacks and other requirements. A sign is permitted to be illuminated unless designated otherwise under "other requirements". The following revisions to language are being proposed as illustrated with bolding and strike- threxghs shown on Exhibit 1. SECTION 26-702 - DEFINITIONS (pages 2 - 5) • Definition of animated sign (page 2): Slightly modified definition. Removes "time and temperature signs" from definition. "Time and temperature" signs are now considered "changeable copy" • Definition of artistic mural or sculpture (page 2): Definition has been slightly modified to disallow "branded" products, per Planning Commission recommendation. The note that has been stricken-through was incorporated into the sign standards chart. • Definition of banner (page 2): A definition of banner has been added. • Definition of billboard (page 2): The definition of billboard has been slightly modified. • Definition of bulletin board: Removed 0 Definition of changeable copy sign (page 2): Removes reference to flashing sign. • Definition of development (page 3): Add multi-tenant buildings to definition. • Definition of off-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 sign standards charts. SECTION 26-703 - ENFORCEMENT AND PENALTIES (page 6) 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. SECTION 26-705 - PERMIT REQUIRED (pages 6 and 7) • Pages 6 and 7: Requires submission of a "to-scale" drawing with permit information • Page 7: Allows fees to be established by separate instrument (Appendix A). SECTION 26-706 - SIGNS EXEMPT FROM PERMIT REQUIREMENT (pages 7 -10) The following types of signs have been incorporated into the sign standards charts: flags, public signs, real estate signs, rooms for rent signs, construction signs, door and window signs, political campaign signs, house and building address signs, informational signs, historic plaques, artistic murals or sculptures, public and semi-public signs, and barber shop poles. Bus bench and bus shelter signs have been included in miscellaneous provisions. The following changes have occurred to specific categories of exempt signs. • Flags (Page 7): Removes banners from the definition of flags. • Rooms for rent (page S): Added a maximum size and number limitation. Has to be on 9 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 permitted. 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. SECTION 26-707 -GENERAL PROVISIONS (PAGES 10 -11) 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 of this article, subject to the following provisions: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. OPTION A (ALLOWS NONCONFORMITIES TO REMAIN) 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: 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. 11 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 hrwise if must be reconstructed maybe rebuilt to its original state within six (6) months orb ke in conformance with this article. 43 Normal maintenance s°s,o.* dais i r 4 use 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- 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 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply.to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of may not be reconstructed except in accordance with the its net worth 4A t~~ 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_mnstbe reconstructed 12 conforming with these regulations. in conformance with this article. 4. Normal maintenance 3 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. 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. • Incorporated into performance standards (Page 11): Dangerous signs, location of signs, 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 13 a ~ which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. A--,face change is considered normal maintenance. • 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. SECTION 26-709 PERMITTED SIGNS (PAGES 14 - 22) All of the permitted signs in this section have been incorporated into the Sign Standards Charts. That would include arcade signs, changeable copy signs, freestanding signs (both residential and non-residential), portable signs, projecting signs, public signs, residential subdivision signs, temporary model home signs, semipublic signs and temporary signs. The categories of temporary signs include construction signs, for sale signs, banners, pennants and inflatables, and wall signs. Other issues of concern have been incorporated into the General Provisions/Performance Standards: illumination, establishment of right-of- way/property line and maintenance. 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. The following changes have been made to the specific permitted sign categories. Canopy signs: Canopy signs is a new designation addressing signage on attached and detached canopies (gas stations, bank drive-throughs, etc). Canopy signs are not allowed for one or two-family residences. The recommended size allowance permits up to 50% of the permitted wall sign square footage to be used on the canopy (Planning Commission recommendation). Canopy signs must be appurtenant to a public street or major interior drive. Changeable copy signs (page 14): This is a new category that is permitted for most types of signs (wall signs, freestanding signs, etc). These signs must follow the provisions for size, height and setback for the individual types of signs allowed in the particular zone district. "Time and temperature" signs would be categorized as a changeable copy sign. Changeable copy signs are not allowed for one or two-family residences. • 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 10' to 5'. 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. Menu board/drive through directory signs: This is a new category of signs directed specifically at drive-through restaurants, banks, etc. In the past, menu reader boards have previously considered "informational" signs which are limited to four square feet. This size limitation is typically not adequate to convey the amount of information needed. Staff is recommending a 30 square foot size standard as indicated on the sign standards chart. Portable sign (pages 17 -18): No changes except that portable signs 36" and less in height can be setback 2' (formerly 5'). Signs higher than 36" can be setback 5' (formerly 10'). Portable signs can be located in the right-of-way. They cannot block sight triangles or block public sidewalks to the extent that the ADA requirement of 3' of unobstructed width is violated. At the August 2004 study session, Planning Commission recommended the setback be kept at 10'. Staff believes that because the sign allowance is small (six square feet total), the recommended 2' and 5' setbacks are proportionate and appropriate. Projecting signs (page 18): 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 information signs. No major changes. "Activities" are now referred to as "organizations or attractions". TEMPORARY SIGNS Construction signs (page 20): No changes except construction signs 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 modified 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 year for 30 days 15 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 on 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 or public signs. Permits are required. Balloons and other inflatable 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 of 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 of signs with up to a 50% increase in the amount of square footage permitted. Since adoption in the early 1990's, this code provision has been has been utilized twice. The most notable application was one for the Medved Autoplex development at 11001 and 11201 W. I-70 Frontage Road North. The applicant was requesting a master sign plan with variances to allow six freestanding signs with a total of 908 square feet of sign area. To achieve this, variances were required for the number of 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 on the western property. 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. For these reasons, staff is suggesting this section be removed in its entirety. SECTION 26-711. BILLBOARDS; SPECIFICATIONS AND REGULATIONS. (PAGES 23-24). Section D. has been added which clarifies the permitting process for new billboards RECOMMENDED MOTION: "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: 1. 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: 1. (Insert option A or B regarding nonconforming signs)". Exhibits: 1. Staff's proposed revisions to the existing code section 2. Table of contents illustrating existing and proposed code sections 3. Ordinance 17 ARTICLE VII. SIGN CODE STAFF CHANGES Sec. 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Additional regulations may apply within the Architectural Overlay District. Consult Architectural Design Manual for specific supplementary regulations. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: EXHIBIT 1 or actual, in a horizontal or vertical plane or both. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a p~ business. service or " branded?'- vroduct. " fm; 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. 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 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.:" 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 and muIh tenant buildings and multiple Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. 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 forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. 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 located. - Public and semi-public signs are not considered. off-premises signs. 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. Public sign. Aa-,e€€6a] A sign that is required by federal, state or local_ law or ordinance er5 necessary for public information Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building n r r c^^"'; H,r'` 0 Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 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. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-703. Enforcement and penalties. 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 Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. 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.>' Unsafe(sigm (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-704. Contractor's license required 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.) (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-705. Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed 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. B. An application, accompanied by a I to scale" drawing; for each separate sign permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "lacale'_' plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 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 by t 0061 an vrrnixc~rrcnc-rnzxccvi me c are 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) 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: A. Flags (city, state, national only), placards, ba i badges, insignias or similar devices of any governmental agency or civic, charitable, religious, patriotic, political, fraternal or similar nonprofit organization, when located on their own premises or displayed along any march or parade route or in sockets along any street during a fund- raising drive or other similar special event. Any such devices to be placed within public right-of-way may only be approved by city council. Flagpoles must meet setback requirements of the zone district in which they are constructed and must not exceed a height of thirtv-five (35) feet. The provisions of this section idveAM incorporated C. or statute of the federal, state or munici D. Real estate signs erected for the advertising of the prospective sale or rental of property on which it is maintained, when in conformance to this article. The E. A sign advertising individual rooms for rent within a rooming and ghouse. if it does not exceed two (2) square feet of display surface. Thi 7 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) feet. The G. Temporary signs attached to door or window areas that the signs do not exceed of the door or window area. House or building address number K. Informational signs which are accessory to the primary use (i.e., "restrooms," "no smoking," "wheel chair entrance," menu boards; etc.), or directional (i.e., "in," "but," "ramp," "drive-thru," etc.) are exempt from a sign permit subject to the following standards: Size shall not exceed four (4) square feet 2. May be wall-mounted, freestanding or attached to other freestanding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign; 3. May be illuminated by internal lighting only, if freestanding type; and 4. If freestanding, shall not exceed thirty-six (36) inches in height if within a required sight distance triangle, or forty-eight (48) inches where outside of a sight distance triangle. I. Political campaign signs ead may be located on private property only by permission of the landowner, and shall not exceed eight (8) square feet in size if located in residentially zoned areas or sixteen (16) square feet in all other areas. Political sigis-shall-not be_located in the public right-of=way or on The provisions,of this section have been incorporated into the sign standards charts: 1-111 1 real estate signs. the provision of this section has been incorporated into the sign standards charts: M. Temporary decorations or displays when such are clearly associated with any national, local or religious holiday or celebration. The provision of this section has been incorporated into the sign standards eltartsl N. Historic plaques, cornerstones and the like, erected by the city or historical agencies designating an area of local historical importance; provided that such plaque or cornerstone does not exceed three (3) square feet in size; provided that such designations are in accordance with article IX. The provision of this section'has been O. Signs located on bus'benches and bus stop shelters: 2. Signs located on a bus stop shelter ° e shall be con' sistent'with Code of Laws, Article section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. The provisions of this-seetdonhave been incorporated into Miscellaneous provisions. public`signs and semi-public signs:. The provisions. of this seetionhave been incorporated into the sign .standards- charts: R. _ ,Wall=mounted+.barber shop pole§ noYto exceed 5' in length; The provisions of this section have been incorporated into thesign standards charts'• (Ord. No. 2001-1215, § 1, 2-26-01) 9 he provisions of this sectiort_have been incorporated into the sign standards charts. Sec. 26-707. The following are the Nonconforming provisions in the sign code which includes staff's recommended modifications in boldface and strtls. 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into 10 OPTION A 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 reconstruction of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. 3r. 25 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. 4. 3 Normal maintenances and Y _ :b b Y (60) a ,.r ~ ' which does not require modification of the sign structure, sign cabinet, supports or members shall be permitted. A face change is considered normal maintenance: 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 11 by a sign conforming with these regulations. OPTION B 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) x percent of its net worth w - ' 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 of P_rwise t must be reconstructed in conformance with this article. 3 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. 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. 12 4. Normal maintenance which does not require modification of the sign structure A cabinet, supports or members shall be permitted. A €ace cli_ ange is considered normal riaintenance r B Removal or reconstruction of dangerous signs. All signs which are prohibited below 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. $ X 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 lot for which they advertise. Attachment to public structures. 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. i =E Conformance to building code. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the 13 (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-708. Prohibited signs. The following signs are prohibited: 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 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. D. Any sign employing a lighting or control mechanism which causes radio, radar or television interference. The proyis ons tIn s section Wp*, been_anco orated mto Genera pravtstPnlPerfornzazce Standards: E. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or any sign so placed as to interfere with any opening required for light or ventilation. 14 C. Any sign that is erected in such a location as to interfere with motor vehicle or-pedestrian traffic: F. Flashing signs and searchlights. The provisions,of this section. have been tncorporated*to the sign standards charts G. Animated signs, including signs or paitsthereof which revolve whirl tQUtrl ° ' o O 1;°^ or any other sign which uses motion, either impliec actual. Barber poles not exceeding five (5) feet in length and not roof-mounted and4i H. Structurally unsafe signs as determined by the chief building official, based criteria established in the adopted building codes' I. Roof signs. The provisions of this section have been incorporated inter the sign standards`chartsi J. Wheeled advertising devices, except for currently licensed, operative vehicles which are primarily used by its owner for service, delivery or general transportation on a regular basis. epr_ouons of this secteon7eave been incorporated into the sign standards charts Th is K. Notwithstanding tlieprov~sions of Section.26 631; y.any merchandise 40placed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. L. Any sign which is in the public right-of-way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 21, and public ana semi= 15 The provisions of this sectwnhavebeet incorporatedzntoahe szgn=standards charts: M. Any sign which maybe construed as a traffic signor signal or which may be confusing to motorists or mistaken as a traffic signal. N. Off-premises signs, With.the exception of public andsmi public signs The provisions of this, section Have been incorporated into lheaign standardsrtcharts. The provisions of tlz°zs section=have been incorporated into the signstandards charts:; (Ord. No. 2001-1215, § 1, 2-26-01) See. 26-709. Permitted signs; specifications and regulations. B. Arcade. 1. Nonresidential uses only. 2. structural overhang or passageway to which it is attached. May 16 Theprov_isons of this section-have:been zncorporated into the sign standards°eharts. C Changeable eopp sign 1 =-Not permitted for residentiaLuses♦ The provisions of this so*n have been incorporated into`1he sign standards,chartss E.- - D Freestanding-Residential, agriculture and Publie Facilities districts. 2. Maximum sign area is _ thirty-two (32) square feet per sign. 3. Maximum of one (1) per street frontage. f D'1 D 1A'D 1D D=7 D'7 D 7A A l a 4. Maximum height 5 Must be set back a minimum of ten E19 five O feet from any property line. 17 &_-___-,-64 Maybe illuminated. The provisions of this section have been"incorporated into the sign3standards charts. D Es Freestanding--Nonresidential districts. 1. Maximum height: Fifteen (15) feet; provided, that signs for retail and service businesses within one-quarter (1/4) mile of an interstate highway measured from the }►roperty line ^ ~'°a are permitted one (1) IR~ freestanding sign up to fifty (50) feet high. Any other permitted freestanding sign shall not exceed fifteen (15) feet in height. The provisions of this section have been incorporated into the sign 'standards charts: 2. Maximum number of signs per development: a. One (1) per street frontage, not to exceed two (2) per development, The provisions of this section=have beetz ineorporato" iw the sign standards charts. b. 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 formulasshown`tn Section 26-708: Tt► addittoti, the sign area allowed may be transferred from one (1) sign to another; provided, that tro freestanding The provisions of this section:have been tncotporated into miscellaneous. ptovzsioizs? The provisions of tlzs sectton have been tncorporated into mtsoelloneous provisions. T-heprovisions of this sectzon_have beeiz.zncorporatedfnto mzscellaneous provisions: Sign setback requirements: 18 a. From adjacent properties: Ten (10) feet where, adjacent to b. From street right-of-way: Five (5) feet for signs under seven (7) feet high, ten (10) feet for signs seven (7) to'} fiffeen (15? feet high, and thirty (30) feet for signs over fifteeir(15) feet high. (See section 26-603.) The provisions of this section have been incorporated zn, o-m__ sign standards charts 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. The provisionk- this ""hake UOp incorporatedd into; miscellaneous provisions. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f TABLE INSET: Floor area of Building Single Use Development Multiple Use Development 0--1,500 s.f. k5881;501--5,000 s.f 35 s.f. 60 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor area over 1,501. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1;501. 304 5,001--50,000 s.f. Over s.f 100 s.f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001. 150 s.f. plus 1 s.f. per each 300 s.f. of floor area over 5,001. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 19 The provisions of thnsection have been incorporated into the sigh standards-; charts: up to a maximum size of 300 s.f. 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s.f. F. bated Illumination 1. Within one hundred (100) feet of a residential structure, indirect or internal lighting only. 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 vision on public or private roadways, including highways. I- Portable. A-frame or pedestal style only. 2. Maximum area: Six (6) square feet. 3. One (1) per street frontage, but no more than two (2) per development. 4. .'Must be set back a minimum of Five (5) terr(19)=feet from any street right-of- way line if over thirty-six (36) inches or two (2) feet if undeF thirty-six (36) inches 47ess iri hetghtr 5. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. 6. Must only be displayed during normal hours of operation. 7. 20 The provisions of this section have been incorporated intd`miscellaneous provisions. 8. i- Not per-miffed foir single and two-fattuly res denWiLuses. the provisions of this section have been incorporated into-"the sign standards charts. I3 Projecting. Maximum height: Top of wall or parapet; not to be roof-mounted. 2. 3 Maximum protection: Ten (10) feet flo= ~&n =e=. 40, F 44...+.. 7 o+. ar ..i.+ ^F Way- 3r. 5♦. 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. 4 : 6 Projecting and wall sign not permissible on same wall. 7' Maximum number: One (1) per street frontage f this section =leave been incorporated into the sign standards charts.; A& provisionSA 1. Public. Directional and other official signs or notices that are required or authorized by law only. The provisions of this section=have been incorporated"into the s{gnstaridards charts: J. Residential subdivision signs Permanent identification signs: a. One (1) for each street frontage; b. Not to exceed twenty (20) square feet in area or six (6) feet in height; 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. 21 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. The provisions of th section'have beet incorporated into the sign stanrla~ds charts; 3. Temporary model home signs: a. One (1) per model home; b. Not to exceed twelve (12) square feet each and not over six (6) feet in height if a freestanding type; and c. Must be set back from property lines a minimum of to 404 five (5) feet. The provision of this sectzon have been incorporated into the sign standards charts: L Semipublic. Maximum area: Six (6) square feet per sign. 2. Maximum number: Two (2) per achy organtzatxon oattraction.: 3. May be located off-premises with approval of the property owner and Commui►ity Development Directors 4. May be located within public right-of-way if approved by either the city public works director, if a city street, and by an appropriate 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. nts.; th_sign_sta i P s ch 011 The provisions of this secttor `have l+een Incorporated into e 'M Temporary. 1. Temporary signs are prohibited upe,iir public rights-of-way and must comply with sight distance triangle requirements of section 26-603. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. Temporary signs found by an enforcement officer to be located within city right-of-way or in violation of sight triangle 22 requirements shall be removed by such enforcement officer with no requirement of notice. 2. Construction signs shall not exceed thirty-two (32) square feet and eight (8) feet in height. One (1) per street frontage allowed between the time a building permit is issued and a certificate of occupancy is obtained. Theprovisons of this secKon_have been incorporated into the sign standards chaits. 3. For sale or ]ease signs shall not be illuminated and shall be no larger than nine (9) square feet for one- and two-family dwelling residential uses and no larger than fifty (50) square feet for all other uses. One (1) per street frontage allowed. activity: li May be placed upon a building wall or roof or a fence but shall not be attached to landscaping, freestanding posts or utility poles.. Banners way be glaced.onl3 in locations appurtenant tows public street oc ma~oi• inferior drive. c The total size allowed for any single banner or total combination of 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 if it was attached to the neazest adjacent building wall having street frontage. i3) Any banner that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. 5. 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: 23 a: One banner is allowed at anyone time-per business or other 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 dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. c. Roof mounting is permitted. f-tks section;has been incorporated into the szgn standards charts: The ovisioni4 #E =Ns Wall or painted. 1. 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 44a~ ~ 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. 2. Each ground floor tenant or use shall have the right of wall signage upon any wall which fronts upon a public street, or if not fronting upon a public street, upon any wall which fronts upon a major interior drive which connects two (2) public streets or provides access to two (2) or more parcels of land. For uses which have a rear entry or delivery door, one (1) nonilluminated wall sign per use, not to exceed ten (10) square feet, is permitted. 3. For buildings with flat roofs, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet or 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 of the wall and may not extend beyond the side of the wall. 5. Commercial, industrial, multiple-family, public and semipublic uses only. he provisions of this section has been_incoriiorated into the sign "standards charts: (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) 24 (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-711. Billboards; specifications and regulations. A. General provisions. 1. 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. GRAPHIC LINK: Official Billboard Zoning Map 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, 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. 25 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the 13- 1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B-1 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. 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 other billboard facing in the same direction on the same roadway as defined by roadway name or number. 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. A Pemritting 1 AIl requests far, new blIlboard signs shall be accompanied by: 26 (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2,5-12-03) 27 ARTICLE VII - SIGN CODE Existing and Proposed Sub-sections Section 26-701: Intent and Purpose Section 26-702: Definitions Section 26-703: Enforcement and penalties Section 26-704: Contractor's license required Section 26-705: Permit required. Section 26-706: Non conforming signs Section 26-707: General o,rs etej General provisions/Performance standards Section 26-708: Prehibited signs Miscellaneous provisions Section 26-709: Permitted ei fi .bons and ...loons Residential, Agriculture, and Public Facilities Sign Chart Section 26-710: Master sign Commercial, Industrial and Mixed Use Sign Chart Section 26-711: Billboards EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the regulation of signs; WHEREAS, the City has identified 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: Section 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; EXHIBIT 3 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Additional regulations may apply within the Architectural Overlay District. Consult Architectural Design Manual for specific supplementary regulations. Section 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. 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. Banner: A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to 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 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 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. 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 and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. 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 forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. 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 located. Public and semi-public signs are not considered off-premises signs. 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. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. 4 Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. 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 sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 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. Section 26-703. Enforcement and penalties. 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/industrial/mixed use sign standard charts. B. Unsafe signs. Section 26-704. Contractor's license required. 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.) Section 26-705. Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed 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. B. An application, accompanied by a " to scale" drawing, for each separate sign permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "to scale" plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. OPTION A 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 reconstruction of a nonconforming sign is not permitted unless such sign is brought 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. 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. OPTION B 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: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. 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. 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. 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 of adoption. 9 Section. 26-707. General provisions/performance standards. 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 and/or 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, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs 1. All signs allowed by this article, except billboards, public signs, and semipublic 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 21, 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, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge 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 right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 10 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 standards and requirements of this sign code, is judged by the chief of police and public 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. E. Compliance with building codes 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. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display 1. Notwithstanding the provisions of Section 26-631, any merchandise played outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. 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. 11 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, skyglow and light pollution. 5. Internally lighted signs with white or light-colored backgrounds, with or without sign copy are prohibited. 6. All lighted signs shall be turned off one-hour after the business which they are advertising is closed. Maintenance 1. Any sign, including temporary signs,.that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. Removal or reconstruction of dangerous signs. 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. A. Building addresses 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. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, Article IV, Section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. C. Freestanding signs - Commercial, Industrial and Mixed Use zone districts 12 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 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. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor area of Building Single Use Development 0--1,500 s.f. 1,501--5,000 s.f 5,001--50,000 s.f Over 50,001 s.f. 35 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor area over 1,501. 100 s.f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. Multiple Use Development 60 s.f. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. 50 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area over 5,001. 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s.f. 13 *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.1 Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards chart. SEE CHART NO.2 Section 26-711. Billboards; specifications and regulations. A. General provisions. 14 1. 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. GRAPHIC LINK: Official Billboard Zoning Map 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, 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. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B- 1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B-1 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. 5. Length shall not exceed three and one-half (3 1/2) times the height. 15 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. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. D. Permitting 1. All requests for new billboard signs shall be accompanied by: 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 CDOT. 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 removed within 30 days of lease expiration. 3. A permit for a new billboard cannot be submitted more than one month in advance of a terminated or expired lease. Section 2. Safety Clause. The City of Wheat Ridge 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 of public convenience and welfare. The City Council further determines that the ordinance bears a rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. 16 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 29a' 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. GRETCHEN CERVENY. MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: 17 Vi p W N r y 1 w z ~ a ~z H m m e o o ~ K ro N w ~ ~ d z a ~ m w = ~ F+ c rn ~C+ y ~ N fD N C A ti Om T o ~ = ~ e n ro O S w ~ ~ ~ 5 W N ^ ~ ~ O rt A e 'r A A w y e N F ' v c m y H A ~ T p C m a c o m CC til - ao 3 y m m 'F ~ y w e ryy t+f m w c o p u as ~ m^ a a T w O ~ O w w O ~ 9 n a ~ o ~ o m a 3 ° m ~ S y O_ S w O ~ + N m qa x 3 a m ~ a a N O a0. 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T7 ^ N d fA _ 'y O O a 'O M N 9 O P ,A H R R y R~ A F4 ^ y 6 O y iy ~ M ~ {y. O N O d N 2 ~ O ~ YYYY R g 1p 3 ~ C QO f a a y rn m ao x ztl oo zmw m F'v »w . p y w w ~ y w w ~ y ~ o y y rn ~ m ~ 7 m o. ~ p1 ~ ' m w ~ . m a w ~ o< B' O y y w ^w '9 o o w 'w ~ o o a ~ ~ b f~J ,O , y 9 c~ a~ c Q y d m m ~ o, m' ~ ~ ~ m y. a wQ O 000 y a N S C 7 G. C~ M C O O CMG y O' O O a.imi p^d 7 O 7~ . n ' a y ' 7C O m y 2 y m n ¢ rn o o 'd y 0 o 6. PUBLIC FORUM There were none present who wished to address the Commission during this portion of the meeting. 7. STUDY SESSION - A. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. At an earlier meeting, the Commission requested more research on how other communities address the following items: nonconforming signs, balloons/pennants/flags, off-premises and political signs. Meredith Reckert reviewed the staff report that contained the requested information. There was discussion regarding a time limit on the display of political signs, especially after an election is over. It was moved by Commissioner WESLEY and seconded by Commissioner McNAMEE that political signs for ballot issues, primary and general elections be allowed to go up 90 days before the election and be required to be taken down 15 days after the election. Commissioner MCMILLIN argued that any time limits would present a constitutional restraint on freedom of speech. Commissioner STEWART expressed concern about the necessity and enforcement of time limits. The motion failed 3-3 with Commissioners CHILVERS, McMILLIN and STEWART voting no and Commissioners SCEZNEY and WITT absent. Replacement of nonconforming sign issues was discussed. Amortization issues were discussed. Alan White will discuss these issues with the city attorney and will also survey other cities to see if they have amortization for nonconforming signs. There was a consensus that nonconforming signs can stay unless there is damage of more than 50% or a substantial increase in square footage of the business. There was a consensus to accept banner regulations as outlined in the staff report; however, there was discussion about limiting the size of a banner that stays up all the time to one-half the size allowed for a permanent wall sign. Milton Tedford Mr. Tedford, owner of 42 West, stated that he appeared in municipal court and paid a hundred dollar fine for having an off-premise sign Tor his apartment complex. The sign had been in place for over twenty years and Mr. Tedford thought it was legal until he recently received a notice from the city telling him it was illegal. In checking his files, he did find evidence of Planning Commission Page 2 December 2, 2004 payment for a 3-month renewable off-premise sign in 1985. The sign is his main source of advertisement for his apartments. He stated that he was not asking the city to change the sign code but wanted the city to make an accommodation for him to keep the sign via variance, grandfathering or applying a statute of limitations to allow his sign to remain where it has been for twenty years. He mentioned that the property owner who allowed the off-premise sign may request a rezone to commercial so that the sign would be allowed. There was discussion about the problem of setting a precedent if this sign is allowed. Alan White mentioned that other off-premises signs have been cited and removed. He, also explained that variances cannot be allowed for something that is prohibited in the code. While the Commissioners were sympathetic to Mr. Tedford's situation, they did not believe the sign was legal just because code enforcement action was not taken until recently. It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY to reaffirm the city's ban on off-premise signs. The motion passed 6-0 with Commissioners SCEZNEY and WITT absent. 8. OLD BUSINESS • Commissioner MCMILLIN stated that he would like to seethe proposed lighting ordinance address commercial issues only and not address single family and duplex lighting (front porch lights) at this time. 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 9:00 p.m. The motion passed unanimously. An-eri, ecord ng ecretary Planning Commission Page 3 December 2, 2004 City of Wheat Ridge OF W HEgT p Community Development Department m Memorandum c~CpRp~O TO: /lanning Commission FROM: v Meredith Reckert SUBJECT: Sign Code DATE: November 24, 2004 At the October 7, 2004 Planning Commission meeting, the Commission requested more research on how other communities address the following items: non-conforming signs, balloons/pennants/flags and political signs. Attached as Exhibit 1 are minutes from the October 7 meeting. Attached as Exhibit 2 is a table showing the results of our research for the different review categories for fourteen entities. Included, when available, is information from the American Planning Association's model sign ordinance. POLITICAL SIGNS Staff is recommending no changes to political signs regarding size; political signs are limited to 8 square feet in size in residential and agriculture zones and 16 square feet in size in commercial, industrial and mixed use zones. There is a provision added that there is no limitation placed on the number of signs permitted. A suggestion was made at the October meeting that only one sign be permitted per candidate or election issue. In the chart, the different entities recognize a variety of permitted sizes and parameters as to when political the signs can be put up and have to be taken down. Only one entity (Longmont) limits the number of signs per topic or candidate. NON-CONFORMING REGULATIONS The following are the Nonconforming provisions in the sign code which includes staff's recommended modifications in ~ and slret. A. Nonconforming signs. The lawful use of a sign existing at the effective date of the ordinance from which this article is derived may be continued, although such use does not conform to the provisions of this article, subject to the following provisions: 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. 9- 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 olhei wtse=rt m_ustbe7constcatete[I in conformance with this article. 4 3 Normal maintenance e%sta~se which does not require modification of the sign structure sign eat-ne. = supports or members shall be permitted A face changeas cnnsideced-normal manfeliance 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. Staff's recommended changes include the deletion of Section A.2. and Section B. The elimination of these sections would allow non-conforming signs to remain after a business has moved or been discontinued. Under current code, if a business is closed which had a nonconforming sign, the sign must be removed within 60 days. Most other cities require the removal of nonconforming signs when a business or use is discontinued. The timeframes vary from 30 days to 90 days. Staff's recommendation to remove Sections A.2 and B. would be inconsistent with the practices of area municipalities. Discussion at the October Commission meeting included whether a nonconforming sign should be replaced regardless of how it is destroyed, whether by vandalism or natural causes, and whether the 50% threshold is an industry standard. According to the chart, the 50% threshold is used by most of 2 the other entities. Most of the cities do not differentiate on the type of damage to a sign. FLAGS/BANNERS/BALLOONS Banners: Staff's original recommendation was to allow one banner at all times for all land uses except single family. Planning Commission modified 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 year for 30 days or two times per year for 15 days). After considerable discussion, staff decided to revert back to our original recommendation where one banner is allowed at all times. The decision was based on comments received from business owners and internal issues with tracking and enforcement. Pennants, streamers and similar devices: 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 or public signs. Permits are required. Balloons and other inflatable devices: No change in duration or required permitting; balloons and other inflatables are allowed for up to 30 days per year. A height limitation of 35' was added for residential and agriculture zones with a maximum height allowance in commercial and industrial zones to be consistent with that specified in the zone district development standards. Comments made at the October 7 meeting regarding these categories included a size limitations for balloons, a limit on the size and number of streamers and pennants and number and size limits for flags. Staff's research has revealed that there is no "across the board" standard for any of these sign components. OFF-PREMISES SIGNS The existing sign code does not permit off-premises signs with the exception of billboards, signage incorporated into bus shelters and bus benches and public signs. All of these categories of "signage" are dealt with separately by their individual sections of the sign code. Staff is suggesting no changes to the existing regulations for off-premises signs. There is a provision to allow temporary permits for uses, building and signs that can be approved administratively for up to three months or for up to one year by the Board of Adjustment through a public hearing process. No renewals of one-year permits or new permits for substantially the same building or sign are allowed. This section also prohibits the granting of a variance to use or to an activity or development which is prohibited by the zoning and development code. Under the existing regulations, there is no process to allow approval of an off-premises sign. The prior code, adopted in 1988, did permit off-premises signs with the following parameters: 1. Permitted only on commercial or industrial zoned property; 2. Freestanding types of signs only; 3. Maximum size: 50 square feet; 4. Maximum height: Twenty-five (25) feet; 3 5. An off-premises sign counted toward the allowed number of freestanding signs for the property where the sign is located; and, 6. Maximum number of off-premises signs for any one activity equals two (2). This code also allowed temporary permits for uses, building, and signs that could be approved for one month administratively or for up to one year through a Board of Adjustment public hearing. The zoning code adopted in 1979 did not address off-premises signs except to indicate that "All signs, except billboards, public signs, semipublic signs, and public information signs, allowed by this chapter, shall be located on the lot for which they advertise". Case No. WA-85-42 was approved for a temporary use permit to allow a "billboard" sign (IE, an off premises sign) in R-3 zoning at 10600 W. 44th Avenue. The permit was approved for three months but the sign was not removed until the property owner was cited earlier this year for an illegal off- premises sign. At least two other properties were cited for similar violations. Of the fourteen other municipal sign codes examined, only three specifically allow off-premises signs (Arapahoe County, Aurora and Lone Tree). Two of three allow off-premises signs on a temporary basis (during construction or special event). The rest of the entities either do not address them or prohibit them. Staff believes that off-premises signs, other than billboards, and public types of signs, should not be allowed. Even with a spacing requirement, Staff is concerned about the potential visual clutter on the city's main arterials with signs advertising businesses or rental properties on side streets. Although Staff understands the need for advertising, we feel there are other avenues available to property owners. We don't believe it is wise to compromise the visual look of the city to accommodate a few isolated violations. 4 elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations." The motion passed 8-0. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. The case was presented by Meredith Reckert. She distributed a proposed amendment by staff regarding reader-board menus. She reviewed the staff report containing proposed amendments to the sign code. Previous suggestions made by the Commission were incorporated into the proposed amendments. In response to a question from Commissioner McMILLIN regarding the length of life for cabinet signs, Ms. Reckert stated that in talking with a sign company representative, she learned that the life depends upon the quality of construction. Nonconforming signs can stay until changes are requested. Commissioner SCEZNY questioned the value of making a differentiation between natural causes or vandalism in the destruction or removal of more than 50% of a nonconforming sign. There was discussion regarding a possible requirement to replace nonconforming signs regardless of the reason they are destroyed. There was a consensus of the Commission that it is very important to consider sight triangles when placing signs at signalized intersections. During discussion of banner regulations, Commissioner McMILLIN commented that he was surprised there have been no comments from the business community regarding limitation on banners. Chair PLUMMER invited comments from those in attendance. Milton Tedford Mr. Tedford expressed concern about rental property which he constructed about twenty years ago south of 44 h on Moore. The city granted a temporary sign permit and, for the past twenty years he has had a sign on private property located at 44°i and Moore. He has an agreement with the property owner for placement of the sign. He stated the sign is crucial in obtaining tenants for his 52 rental units on Moore. On August 3, 2004, he received notification from the city that the sign was in violation because it was an off-premises sign. His suggestions to remedy the situation included: (1) that his sign be grandfathered; (2) that the sign code allow property within 100 yards of a main arterial street to have off-premises signage; and (3) twenty years with the sign in the same place should be supported under the statute of limitations. He submitted photos of his property and other off-premises signs along West 4, x' Avenue. Ms. Reckert commented that while there was evidence that a temporary sign permit was issued in 1985, there are no records showing that it was ever renewed. Planning Commission Page 4 October 7, 2004 EXHIBIT 1 Nancy Snow 11155 West 40`h Ms. Snow expressed concern about large balloons that block views of mountains and excessive pennants and banners that clutter up the city and detract from landscaping. She agreed with a height limit for balloons but would like to see a size limit, also. She would also like to see a limit on the size and number of streamers and pennants. She also pointed out that flags are not defined in sign code and there is no limit on their size or number. She would like to see a limit on the number of political signs to eliminate several signs in one yard for the same candidate or issue. There also needs to be a definition in the chart for changeable signs. Gretchen Cerveny Ms. Cerveny testified as the city's mayor and former small business owner. She stated that part of the attraction of Wheat Ridge is its eclectic nature. City revenues come from use and sales taxes and business licenses and therefore the sign code should be supportive of businesses. Small businesses often have very limited resources and banners and pennants are inexpensive ways to advertise. She supported a limitation on the number of temporary permits since small business owners have a hard time leaving their businesses to keep getting permits and the city is limited on hiring people to keep track of the permits. She favored allowing businesses to have at least one banner. She suggested educational efforts to inform small business owners about signage. She favored a sign code that is flexible and that will honor the diversity of Wheat Ridge. There was a consensus of the Commission that the sign code needs more consideration. Staff will also survey surrounding jurisdictions regarding their sign codes. It was moved by Commissioner McNAMEE and seconded by Commissioner WESLEY to continue Case No. ZOA-03-18 to a date uncertain. The motion passed unanimously. 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 10:02 p.m. The motion passed unanimously. Phil Plummer, Chair Planning Commission October 7, 2004 Ann Lazzeri, Recording Secretary Page 5 O W N C~ m a O D m ~ _~~,mN ~ 'tea=d°o p 0 y 3 c m w 3 ro a y a N c L ro E mr -!i a OI W m T m ` m ro m t O C N C C o C C - Y m m d O m O , ' ~ . N N m,~ m Lm Ca y - N ~ a fD N NNr0 Xa30. O. N O m ro E ro m r d m c s E cmiEE3v ndcmUo2 O N a m rC O N C n _ dwdmat ami 6 m m Z5 ~'L O. 5 _ d - o> A y m o .o Q E E Q m a 00 m m ,x,. _ ¢:4 amiat°ma a z a maw E r°~ r `m m m x m n m - o h m o m m o N N mZ E C - m O C N 2 c ro O 0 N 3 d , c c m m _ C ro O d G> d m r _..mm ~d ~E~ma o. N m N m c ro a m o m 'g o Oa o = m m _ " C m R E U w L_ y ro> D O Omaa o~mtq c m m N m U v p m E N V O 3 N m C ~ ~ d 0 2' Q z Il a ~ aF- W o N a 6a m N C m a m ro Y C m y m 5 a % a c m $ E o m ° m rn 'v c n m . c d a a ~ mE ctQtd=~' _ . o my . 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L R R - Y 0 O N O o~w„d~od n Z'Q o'o o m EO ° .Edo O ' L N ~ N Q1 S~ U L U }9 C~ C N D N a_ a a a R a E J J F- N R a N _ U; O T C O C L a N O C O O Ol _ G c t E _ ~ ro ma `m D N y W c m ~ a m O 0 m ' U T I _ t tl C_ w > C y V L O Z O y m .O ` Q = c R N z w E $ C L m L C L I- O O z 0 C W L m v ~ md00 yam N .a ~m i ` m °c ECood°m2 m . a " ' ¢ m ' Q o o c y c a v c 0° d V O N D 3 a m ~C ` C L U y 'y ° 00 O) T d m C T N 9 N Q d ~ O ° o m c j d m (O - O O C y N m m c R - ° y rn c d T W O y C L c y O L a3 W C y E'm yyyEr~o omd=€y?om W j L m m E j a N N O O C m d -T y O ,m-1 L C y yg. o~m W =C N °c Eoa m>voromynotY mo o~~°W Z v W a o ` C a ° m m ;r ' E a O o a o r ° a m m c c N w y w C yj W a ~ t0 = p C R m Q W y L U m o Z C C W N C y O O h a A m _ ' 0 I 3 L QL U) N co a City of Wheat Ridge h OF WHEgT P/Q Community Development Department m Memorandum ~~toRA~~ TO: Meredith Reckert FROM: Jeff Hirt, Planning Technician SUBJECT: Sign Code Research DATE: November 1, 2004 Planning Commission recommended giving the sign code changes more consideration on the October 7, 2004 hearing. It was stated that staff would survey surrounding jurisdictions regarding their sign codes. In response to this, sign codes in surrounding jurisdictions were looked at, with consideration of the following issues as identified as priorities at the hearing. • Nonconforming signs, and the policies for replacement and elimination. • Sight triangles - reductions in size at signalized intersections - Nothing specific to signalized intersections found. Arvada has different sight distance triangle regulations based on speed limit. • Banners, balloons, pennants and flags; height, size, number, definitions - Did not see any information regarding height of balloons, none specifying a different definition between flags and banners. • Political signs • Off Premise Signs Information was also looked at regarding illumination, amortization, and vehicular signage. Arvada and Boulder for example had provisions for vehicular signage, and several jurisdictions had provisions for amortization. The following jurisdictions were looked at, as well as the model sign code in the APA's "Street Graphics and the Law" publication: • Arapahoe County • Arvada • Aurora • Boulder • Broomfield • Centennial - has adopted Arapahoe County standards • Commerce City • Denver • Englewood • Lakewood • Littleton • Lone Tree • Longmont • Louisville • Thornton • Wheat Ridge A chart was created that summarizes the findings regarding the issues identified by Planning Commission. Enclosed is this chart, and also the relevant sections of the sign codes looked at, with specific areas highlighted. elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations." The motion passed 8-0. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. The case was presented by Meredith Reckert. She distributed a proposed amendment by staff regarding reader-board menus. She reviewed the staff report containing proposed amendments to the sign code. Previous suggestions made by the Commission were incorporated into the proposed amendments. In response to a question from Commissioner McMILLIN regarding the length of life for cabinet signs, Ms. Reckert stated that in talking with a sign company representative, she learned that the life depends upon the quality of construction. Nonconforming signs can stay until changes are requested. Commissioner SCEZNY questioned the value of making a differentiation between natural causes or vandalism in the destruction or removal of more than 50% of a nonconforming sign. There was discussion regarding a possible requirement to replace nonconforming signs regardless of the reason they are destroyed. There was a consensus of the Commission that it is very important to consider sight triangles when placing signs at signalized intersections. During discussion of banner regulations, Commissioner McMILLIN commented that he was 40 surprised there have been no comments from the business community regarding limitation on banners. Chair PLUMMER invited comments from those in attendance. Milton Tedford Mr. Tedford expressed concern about rental property which he constructed about twenty years ago south of 44 s on Moore. The city granted a temporary sign permit and, for the past twenty years he has had a sign on private property located at 44th and Moore. He has an agreement with the property owner for placement of the sign. He stated the sign is crucial in obtaining tenants for his 52 rental units on Moore. On August 3, 2004, he received notification from the city that the sign was in violation because it was an off-premises sign. His suggestions to remedy the situation included: (1) that his sign be grandfathered; (2) that the sign code allow property within 100 yards of a main arterial street to have off-premises signage; and (3) twenty years with the sign in the same place should be supported under the statute of limitations. He submitted photos of his property and other off-premises signs along West 44"' Avenue. Ms. Reckert commented that while there was evidence that a temporary sign permit was issued in 1985, there are no records showing that it was ever renewed. 11 Planning Commission Page October 7, 2004 O A„% u ifFF Y f~f D Nancy Snow 11155 West 40`h Ms. Snow expressed concern about large balloons that block views of mountains and excessive pennants and banners that clutter up the city and detract from landscaping. She agreed with a height limit for balloons but would like to see a size limit, also. She would also like to see a limit on the size and number of streamers and pennants. She also pointed out that flags are not defined in sign code and there is no limit on their size or number. She would like to see a limit on the number of political signs to eliminate several signs in one yard for the same candidate or issue. There also needs to be a definition in the chart for changeable signs. Gretchen Cerveny Ms. Cerveny testified as the city's mayor and former small business owner. She stated that part of the attraction of Wheat Ridge is its eclectic nature. City revenues come from use and sales taxes and business licenses and therefore the sign code should be supportive of businesses. Small businesses often have very limited resources and banners and pennants are inexpensive ways to advertise. She supported a limitation on the number of temporary permits since small business owners have a hard time leaving their businesses to keep getting permits and the city is limited on hiring people to keep track of the permits. She favored allowing businesses to have at least one banner. She suggested educational efforts to inform small business owners about signage. She favored a sign code that is flexible and that will honor the diversity of Wheat Ridge. There was a consensus of the Commission that the sign code needs more consideration. Staff will also survey surrounding jurisdictions regarding their sign codes. It was moved by Commissioner McNAMEE and seconded by Commissioner WESLEY to continue Case No. ZOA-03-18 to a date uncertain. The motion passed unanimously. 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 CHILYERS and seconded by Commissioner STEWART to adjourn the meeting at 10:02 p.m. The motion passed unanimously. 0 Phil Plummer, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 5 October 7, 2004 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION October 7, 2004 Case No. ZOA-03-18 An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage Name Address In Favor/Opposed l e4Zh" 'Ya J~ City of Wheat Ridge of ""Eqr~ Community Development Department m Memorandum c~[pRpO~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Proposed amendment to sign code DATE: October 6, 2004 Staff is proposing an amendment to the sign code to address a new category of signs. The new category would be "Menu boards/Drive-through directory signs". The existing category of information signs allows signs as needed on a property with a maximum sign size of four square feet each. Informational signs would include designations for "restrooms", "wheel chair entrance", "in", "out", etc. These signs do not count against the allowable number or signs permitted for freestanding or wall signs and are allowed in all zone districts in the city. An organizational logo can be incorporated into the sign with a maximum size of one square feet. Menu reader boards have been considered by staff to be in either the category of informational signs or not addressed at all. The typical menu reader boards for fast food restaurant varies in size from 10 square feet up to 30 square feet. A limitation of four square feet as specified above does not allow adequate area for this type of sign. Staff consulted other cities' sign codes to see if there is an "industry" standard. Three cities address this category of signs (Arvada, Longmont and Westminster) and had standards which are fairly consistent. Staff recommends that a new category be added to the sign standards charts as represented on Exhibits 1 (Residential/Agriculture/Public Facilities) and Exhibit 2 (Commercial, Residential, Mixed Use). Recommended motion: "I move that the sign standards charts be amended to add the category of "Menu Reader Boards/Drive-Through Directory Signs" for the following reasons: 1. This category of signs is not addressed in the sign code. 2. The category of informational signs does not provide adequate sign area to accommodate a menu reader board." m CD 2 LK o ca c d ° a z ~ z z a=: ^ y ti_ b Y 77 r ~ N W N ~ r y z z o ro ~a<c r n 9 N r7 Si m >w: Z W N i S c A rt u y ' n - 1-+ nv, N V] a o o a ~ Z A~ C-7 A y~ ° " p,v cc uw CI C 2 w 9 ^ V 'O O ~ w r ' Vl S h n n N ~o ^ = t7 a s v _ - y ~ n r a - X ~ z R F/. ~2' , G ~ O ~l s 1 C ~ p ti C ~tJ,_ii. K( Vl y 0 0 ~ A T T a caw 3 0 ~ w 3 b. d ' F G a m ~ m f° -v c y ~ v - j3jp L7 c j ~e io C . ~ a G v - c o v V• ~ V ~ ~ l ' ' Q p' O ~ w Q d 0~ ~ J ry p rt n Q } y. Q O o• Oa H. 6 0 Oa 0' i 1 O^ o• T ti a ~3 C OE O~ O f y o ' S q ~ O. S Q 2 W N 1ocik✓ds' v~1/~- hti~o h arc Marquee: A permanent canopy often of metal and glass projecting over an entrance. E" 'N AAA: Outdoor, Marquee Sign: (1) A sign mounted on a permanent canopy. (2) A traditional industry term for the )`Off-Premise Sig, variable-message section of a canopy sign. (3) An integral sign and permanent canopy, ent event or act ished Media Mix: The combination of different media forms into a single advertising g =w, or o program to meet the wSign or outdoor a( or ac overall objectives of the advertiser. Signage can enhance the overall effectiveness of a media mix, particularly by increasing reach and frequency, and by establishing brand continuity over tone. `On-premise Sign service, event, or c Menu Board: A variable-message sign that allows a retailer to list products and prices for exam- where the sign is f ple, the bill of fare for a fast-food restaurant). Message Area: The area within the sign panel describing the limits of the mesa e. b ;Open hannel tE C source. A clear face Message Center: An electronically or mechanically variable-message sign enabling changes to be d f y. Outdoor Medi ma e rom locations other than at the sign. (See variable-message sign.) a: A owned by a media Mobile Sign: A portable sign mounted on a trailer. t-of--Home Med Monument Sign: A ground sign with low overall height. (See freestanding sign.) ome. All forms of §i gnage is not. Nonconforming Sign: A sign that was legally erected and maintained but does not com - with l O p y subsequently enacted sign restrictions. Under the Highway Beautification Act (HBA) l utside Panel: An , remova or acquisition of legal nonconforming outdoor advertising structures requires the a - f `panels are positione p yment o just com . pensation (that is, cash). Amortization is not a permissible form of compensation under the HBA. Ov l er ay (Snipe): A Neon Sign or Tube: A sign utilizing a cold-cathode-gas discharge tube produced in straight or t hich is pasted on t formed configuration; generally referred to as a neon-gas discharge tube whether filled with neon , or a mixture of two or more other inert gases (argon, helium, krypton, or xenon) Neon-tube light' ted Wall Sign:, F . ing is a custom designed, optimally visible lighting system that may be shaped to form letters, Parts f l . °or advertising n See buildin -m o etters, skeleton tubing, outline lighting, and other decorative elements or art forms in various u t( g ount( , colors and diameters. The cold-cathode tube can operate for man y years, while the hot-cathode fluorescent lamp is limited to a relatively short life, as is the incandesce t b lb n Channel t n u . (See fluorescent lamp; incandescent bulb.) he le a face, making the le ;shaped cross-section THE VALUE OF SIGNS City of Westminster, Colorado - 11. Sign Regulations (lie 4 . `A S"e,a Page 21 of 31 12/01 11-11-7(A) 11-11-7 6. Restrictions, Clarifications and Exceptions: (a) Identification signs for retail business centers or office/industrial/technical parks or centers shall contain only the name, address and logo or trademark of the office park or center. Such signs may include the name of not more than six of the tenants therein, with said names to be integrated into the overall design of the sign with the name of the center utilizing at least 25% of the sign area. Minimum letter height for tenant names shall be eight inches for 32 square foot signs, ten inches for 60 square foot signs and 12 inches for 100 square foot signs. (b) Illuminated signs are permitted. (c) For properties of ten acres or more, no monument sign over 8 feet in height, or 60 square feet or more in size, is permitted within one hundred seventy five (175) feet of any residential district boundary or residential development. (d) Supporting structure of monument signs must be solid construction at least two thirds the dimension of the width and thickness of the sign it supports. (e) Where a non-retail business center or office/industrial/technical park or center is planned as a series of individual structures on individual lots with each individual lot having frontage on a public street, each individual structure may be permitted to have freestanding signs in accordance with this paragraph if said sign(s) are included and approved on an Official Development Plan(s). Where a non-retail business center of office/industrial/technical park is planned as a series of individual structures on a single lot, each individual structure is permitted to have a freestanding sign of not more than 32 square feet in area and 6 feet in height. Such signs shall be consistent in design and color. (f) Monument signs must be located on the premises of the use being advertised or identified. For use in this Section, premises does not include easements or similar adjacent parcels of land. (g) Menu Boards. Menu boards in conjunction with restaurant drive- through pick up activities may be allowed under the following restrictions: (1) Not more than two (2) such signs. (2) Twenty five foot (25') setback from property lines. (3) Forty (40) square feet maximum area. (4) Six foot (6') maximum height. (5) May be freestanding or wall mounted. (6) One order confirmation board may also be provided with the following restrictions: a) Twenty-five foot (25') minimum setback from property lines b) Three (3) square foot maximum sign area c) Four feet (4') maximum height d) May be free standing, wall mounted, or incorporated into the menu board e) May be one hundred percent (100%) electronic changeable copy, and copy may be changed without time restriction f) Signs must be screened or oriented away from public streets (h) When shopping centers, business centers, and office/industrial/technical parks or centers are to be developed or 'ittp://www.ci.westminster.co.us/Code/titlel l/tl lcl l.htm 3/25/2003 City of Westminster, Colorado - 11. Sign Regulations Page 3 of 31 12/01 11-11-2 11-11-2 Animated - Any sign or part of a sign that changes physical position or light intensity by any movement, rotation, illumination or other means or that gives the visual impression of such movement, rotation, illumination or rotation. Awning sign - Any sign painted, printed, attached, or otherwise applied to any facet or support structure of an awning. Awning, internally illuminated - Any awning lit by means of a light source which is within an awning that is constructed from any, but not limited to, translucent or opaque material. Banner sign - A sign made of fabric or any non-rigid material with no enclosing framework. Canopy sign - A structure of rigid or non-rigid material on a framework sheltering an area or forming a sheltered walk to the entrance of a building. Changeable sign - A sign that is designed so that the words, letters, figures, design, symbols, fixtures, or copy can be changed or rearranged without altering the sign face or sign structure in any way. Construction sign - A temporary sign announcing subdivision, development, construction, or other improvement of a property by a builder, contractor, or other person furnishing services, materials or labor to said premises. For the purpose of this code, a "construction sign" shall not be constructed to be a "real estate sign" as defined by this code and shall contain only the project name, developer, architect, builder, and/or consultants, lender, and opening date. Directionallinformational sign - An on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (eg., parking or exit and entrance signs). May contain logo provided that the logo may not comprise more than 20% of the total sign area. Double-faced sign - A sign with two faces back-to-back. Election sign - Any sign advocating or advertising the election of any candidate for public office or any question upon which a public vote is being taken. Exposed neon - A neon sign in which the neon tubes are not covered by an opaque shield. Government sign - Any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility. Illegal sign - A sign which does not meet the requirements of this code and which has not received legal non-conforming status. http://www.ci.westminster.co.us/Code/titlel l/tl lcl l.htm 3/25/2003 Copysigns -following types of sicans permitt ed under 6~ 17.3 (Sign Schedule) are Permitted to have changeable copy (without first obtaining a new sign permit) under the following conditions. Signs not listed in this subsection must obtain a new slqn permit before copy is changed. A. Up to 33% of any building identification si n or center identification sign permitted by the Sign Schedule may have changeable copy. theater or movie marquee s identifying current B. One changeable copy productions and movies may be incorporated into, or may be substituted for one building identification sign and one center identification si n permitted by the Sign Schedule. The area of any marquee sign, including any changeable copy, shall be included in calculating the total area of the sign it is incorporated into or replaces, and shall not increase the permitted sign area or any such si n. C. Any portion of a church sign permitted by the Sign Schedule may have changeable copy. D. One changeable copy gasoline price sin listing only the types and prices of gasoline may be incorporated into each freestanding or wall sign permitted by the Sign Schedule (max. 1 per street frontage). The area of changeable copy shall not exceed 8 sq. ft. on any sign, and the area of changeable copy shall not be included in calculating the total area of a sign it is incorporated into. 3 at COUNTS AS ONE SIGN 4' RE6U~,gq lIt1,EA0W 1~12991359 COUNTS AS ONE SIGN 4' - FE& U&EA~. PPEtA . i129913~' 1399 FREESTANDING SIGN (INCLUDES TOTAL GASOLINE PRICE SIGNAGE AREA PERMITTED FOR TWO STREET FRONTAGES.) B' E. Two changeable copy menu board signs are permitted for each drive- through restaurant, in addition to those signs listed in the Sign Schedule. Menu board signs may be free standing or wall mounted, one sign shall be no more than. 30 sq. ft. in area, while the second menu board shall be no more than 16 sq. ft. in area. All menu boards shall have a maximum height of 7 ft., and shall be readable only to traffic on the adjacent drive-through lane. F. One changeable copy menu board wall sign indicating daily menu changes is permitted for each non-drive-through restaurant. Menu board signs shall be no more than 3 sq. ft. in area and must be placed no more than 10 ft. from the front entrance of the restaurant. G. No changeable copy sign or portion of a sign may have changeable copy that is nailed, pinned, glued, taped, or otherwise attached by obviously temporary means. H. No changeable copy sign or portion of a sjn may be constructed using face or screen materials such as expanded metal or other types of mesh; any type of corrugated plastic such as Filon, V3 or Styrene; or other types of materials that are commonly used for "portable" or "homemade" signs, unless the use of such materials for sian construction is permitted under anv v CS J C O m R aj 5 m ~jvm3 m mOZ-6 ~ a v c E $ 6 s a3i c a~ o ,aEny t0 3~ 02 m a c t. Qi O ~ E m c 0 E a d c o _ C al UX N W y C O 3-oz O O 8 N a'-^rnc ttc °m R R` m m s ~mrnE3 C `03 O ~ c 'y c mm C N TUVCO m mE t m. W m rn L c' y E et)dRN LL¢w3£ OO z,t O z OR mE m E E E E E R R x x R 6 y m c ` E v as R - W - D 3 R 5 R $ O d c E Z5 E O R rn.c_ C U O ~~OI .t S NC N R~OI ~ R ~ E » m' 3 ~0 .~v E 3 ~ z rn E Q._ v m ~a ° ins to Ea H O c ~ ~ o ~ v R ~on5 ~ N R g a E ~ U R ~ C N ~ a U drnoE>°' O vc °1a Eao a N N c NXR a)CaCp c p a Ol p m R al R~ c R m _Cp c = O 3 760 a)y c O ~ O O.~ ¢ N R t 7 E R O H c . n N C - ~ N c m m - c m y p ma o v Rap O _ m R ~p l m .mr v w m~R ~OId N N J N R (O CJ J N R W J 03 Q oo m ;d » F - y y 3 u H S o y a._ n . y 2 ~ E M N C _ x c 3 U ~ s c c r Q R N o• v r T:E° m o ' d N . ' N N ~ U y R 3 pp R W P N N VI O ~i N O R C M (O YI C~ R CE C r a C ' ~ m 'oc c R 3 ~c c R ac c R d C' N 3 yy p m = R C y am R C= O R R N O lL~ R U ~ O LL~ d LL~~ 3 H U ri U IL y } N } z N } z 0 N c y f Z s d c a c 4 a a - N N U m C U N p O uf j R o R ~ ` R N 6 m H 0 =V C 9 O :a N o a N O ~ N y T N .a NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on October 7, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. Kathy Field, Administrative Assistant. ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: September 30, 2004 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-18/Sign Code DATE: September 16, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding signage. The following is a brief history of actions relating to the sign code. February 2001: A new sign code is adopted as Article VII 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 sign code changes. Planning Commission made the following recommendations: • Business flags should be allowed as originally recommended by staff. In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. December of 2003: City Council discussed the sign code at study session where they made the following recommendations: • 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 up to 50% of wall signage allowance on a canopy. Changeable copy signs: Staff will check with traffic engneer regarding whether or not these types of signs are traffic hazards. Banners: Allow half the size of a permanent sign for a limited time until a permanent 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: • The issue of sign distance triangles not being required at signalized intersections should be revisited. There was a consensus that sigh distance triangles should be considered at all intersections, including those that are signalized. • Setbacks of 10 feet for freestanding and portable signs should remain at 10 feet rather than changing to 5 feet. • Construction sign regulations should also apply to mixed-use developments. • Suggestion that staff look into possibly limiting size of balloons by square footage. • Artistic mural or sculptures should not allow "branded" products. • Home occupation signs should be allowed within reason. Suggestion that signs be allowed in residential areas on major arterial streets or where surrounded by commercial situations but not in solid residential areas. Signs should be no more than 2 square feet in size. • Regulations for commercial and industrial zone districts should also include mixed-use developments. • Lighte sing at are partly blank should have the blank sections obscured. • Staff w on the average life of cabinet signs in order to assist in developing regulations for amortization of nonconforming signs. Attached as Exhibit 1 is staff's recommended changes to the code. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in stfikethfough. Exhibit 2 is a copy of the Sign Code sections (existing and proposed). This will help you follow the changes which were made and incorporated into the proposed ordinance, attached as Exhibit 3. Many of the changes proposed to the existing ordinance (exhibit 1) have been incorporated into the charts in the ordinance (see below). Staff will address specific changes which were recommended by Planning Commission. Summary of Ordinance Changes/Staff Comments FORMAT CHANGE: All signs addressed in Section 26-706 (Signs exempt from permit requirement), Section 26-708 (Prohibited signs) and Section 26-709 (Permitted signs; specifications and regulations) have been put into a chart format. There are two charts; one for residential, agriculture and public facilities zone districts and one for commercial, industrial and mixed use zone districts. The charts, which are incorporated into the ordinance as new sections 26-709 and 26-710, list the types of signs down the left-hand side. Across the top, the following sign characteristics are identified: whether the sign type is permitted, whether a permit is needed for installation, maximum size and height, maximum number, minimum setbacks and other requirements. A sign is permitted to be illuminated unless designated otherwise under "other requirements". The following revisions to language are being proposed as illustrated with bolding and strike- throughs shown on Exhibit 1. SECTION 26-702 - DEFINITIONS (pages 2 - 5) • Definition of animated sign (page 2): Slightly modified definition. Removes "time and temperature signs" from defintion. "Time and temperature" signs are now considered "changeable copy" • Definition of artistic mural or sculpture (page 2): Definition has been slightly modified to disallow "branded" products, per Planning Commission recommendation. The note that has been stricken-through was incorporated into the sign standards chart. • Definition of banner (page 2): A definition of banner has been added. • Definition of billboard (page 2): The definition of billboard has been slightly modified. • Definition of bulletin board (page 2): Slightly modified definition. Removes bulletin board from sign regulations. • Definition of changeable copy sign (page 2): Removes reference to flashing sign. • Definition of development (page 3): Add multi-tenant buildings to definition. 3 • Definition of off-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 included in 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. • Definition of traffic and regulatory signs (page 5): New definition reflected in sign standards charts. SECTION 26-703 - ENFORCEMENT AND PENALTIES (page 6) • 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. SECTION 26-705 - PERMIT REQUIRED (pages 6 and 7) • Pages 6 and 7: Requires submission of a "to-scale" drawing with permit information • Page 7: Allows fees to be established by separate instrument (Appendix A). SECTION 26-706 - SIGNS EXEMPT FROM PERMIT REQUIREMENT (pages 7 -10) The following types of signs have been incorporated into the sign standards charts: flags, public signs, real estate signs, rooms for rent signs, construction signs, door and window signs, political campaign signs, house and building address signs, informational signs, historic plaques, artistic murals or sculptures, public and semi-public signs, and barber shop poles. Bus bench and bus shelter signs have been included in miscellaneous provisions. The following changes have occurred to specific categories of exempt signs. • Flags (Page 7): Removes banners from the definition of flags. • Bulletin boards (Page 7): Removes bulletin boards from signs exempt of permit. Per- definition change bulletin board r _,aw+ei~lr~rt}^ei e • Rooms for rent (page 8): Added a maximum size and number limitation. Has to be on 4 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. • 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. SECTION 26-707 - GENERAL PROVISIONS (PAGES 10 -11) Non-conforming signs (Page 10): The nonconforming sign section has been modified to allow non-conforming signs to remain after a business has moved or discontinued. Under current code, if a business is closed which had a nonconforming sign, the sign must be removed within 60 days. Usually these signs are nonconforming relative to height and setback, if freestanding. Many times a business moves into a rental space and the owner believes he has rights to the freestanding sign as part of the lease rate. Staff feels it unreasonable for the existing sign to be required to be removed if just a face change occurs. If the sign cabinet is removed, this section requires the nonconforming sign to be brought into conformance to height and setback. • Incorporated into performance standards (Page 11): Dangerous signs, location of signs, 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 • 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. SECTION 26-709 PERMITTED SIGNS (PAGES 14 - 22) All of the permitted signs in this section have been incorporated into the Sign Standards Charts. That would include arcade signs, changeable copy signs, freestanding signs (both residential and non-residential), portable signs, projecting signs, public signs, residential subdivision signs, temporary model home signs, semipublic signs and temporary signs. The categories of temporary signs include construction signs, for sale signs, banners, pennants and inflatables, and wall signs. Other issues of concern have been incorporated into the General Provisions/Performance Standards: illumination, establishment of right-of- way/property line, maintenance. 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. The following changes have been made to the specific permitted sign categories. Canopy signs: Canopy signs is a new designation addressing signage on attached and detached canopies (gas stations, bank drive-throughs, etc). Canopy signs are not allowed for one or two-family residences. The recommended size allowance permits up to 50% of the permitted wall sign square footage to be used on the canopy (Planning Commission recommendation). Canopy signs must be appurtenant to a public street or major interior drive. Changeable copy signs (page 14): This is a new category that is permitted for most types of signs (wall signs, freestanding signs, etc). These signs must follow the provisions for size, height and setback for the individual types of signs allowed in the particular zone district. "Time and temperature" signs would be categorized as a changeable copy sign. Changeable copy signs are not allowed for one or two-family residences. • 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 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 10' to 5'. 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. Portable sign (pages 17 -18): No changes except that portable signs 36" and less in height can be setback 2' (formerly 5'). Signs higher than 36" can be setback 5' (formerly 10'). Portable signs can be located in the right-of-way. They cannot block sight triangles or block public sidewalks to the extent that the ADA requirement of 3' of unobstructed width is violated. At the August 2004 study session, Planning Commission recommended the setback be kept at 10'. Staff believes that because the sign allowance is small (six square feet total), the recommended 2' and 5' setbacks are proportionate and appropriate. • Projecting signs (page 18): 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 information signs. No major changes. "Activities" are now referred to as "organizations or attractions". TEMPORARY SIGNS Construction signs (page 20): No changes except construction signs 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): This section has been modified to be consistent with the Planning Commission recommendation made at the May 20 meeting. For tracking purposes, permits are required. 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 or public signs. Permits are required. • Balloons and other inflatable 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. RECOMMENDED MOTION: "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: 1. The changes will improve readability and understanding of the sign code. Exhibits: 1. Staff Proposed Revisions to the existing code section 2. Table of contents illustrating existing and proposed code sections 3. Ordinance NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on September 16, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29"' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. 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C O v O S y 33 ~'mE3QL0 ~ 5 tlY O Q ~ o a .T a F C k7 c q .y y d e i v r d m a 9 0 V 3 m o ~ m U 0 v dpi r ~ W 6 OF WWW9 'Q p S ~ n n ~m€ e Rf a z o z a z a~ ~o Q 0$ m H B -5~.: Z 96 3 F* pf: a- ' z z G1 ~ ate 2~~ ~ S w . 3 9 6 '0 t ~ a c c A y9~ z ,go ~ `o $ m- 6 v y' C co m a Planning Commission August 6, 2004 As amended on August 30, 2004 And on September 8, 2004 Miscellaneous Provisions A. Building addresses 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. 2. Signs located on a bus stop shelter Article IV C. Freestanding signs - a RM an utdug nne nc .r~. 1. Where two (2) freestanding signs are permitted by virtue of multiple street be transferred from one (1) sign to another; provided, that the sign area allowed 1 5. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 6. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.) TABLE INSET: Floor area of Building Single Use Development 0--1,500 s.f. X588-1 A--5,000 s.f 35 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor area over 1,501 3-A98•S,QQ3--50,000 s.f. 100 s.f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001 Over 3~O s.f. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. Multiple Use Development 60 s.f. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. 150 s.f. plus 1 s.f. per each 300 s.f. of floor area over 5,001. 300 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 400 s.f. D. Freestanding signs - Residential, Agriculture and Pubhc Facilities zone districts 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each, pe _ruutteil sign shall be allowed to have fhe maximum squae footage allowed; b--- 2 5. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. A. Sight distance triangle n 2. s~ w ous, @reo~sieear'colCCe tors andoi ur+- s~<, -"X°' r +r-si, sL "x rnri ra..~, G xdck~a9s+k~s. F y.I i y~ r t x t r n. artertai~ the r~yu~re~~s ght distance s)iall b~,governed by"the stan~arrlsse't ~o~► ~n the~most`curren`~e~it~on of~ e°po~c~ oq geome~r?c design o~lughways anstreets u Lsh ; ~ the~Am~ri~~oc~atioritiSEate.,.r`Hgltvra ::and Transpo[ahon;,O~caaLs B. Location of signs .off. . 1 All signs, except billboards, public signs, att semlpnp.ic'stgnsaR$ _ allowed by this article shall be located on the lot €ik-which they advertise. GO O,ff-premis tgns R OVE????? L, 1. o9o}j premises signs are rini#ed with excep ( aStreets and rights-of-way ~kty C $o ~llowed':-'which, even though in general conformance with th standards and requirements of this sign code, is judged by the chief of police and public orks director as a dangerous sign due to interference with a traffic control device hNA w " "b 1.~ ostgnls allowed which would violate the sight distance triangle requirements of section 26-603B. by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. 2.tY No sign shaIl be erected in such a location as to interfere with motor vehicle pr pedestrian traffic; 3. 7es 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 21, and pubhc,,sguu pubLc, traffcand_regulatory signs'; 5 tstNo 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. 6. Where it is difficult to determine. the pubic right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 7. 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. 8. Temporary signs found by an enforcement office to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. p Interference 1 LL':, _ _Yo sCh emgloys alighting or control ,M 0 M-M mechanism which causes radio, radar, ,"0 atelepW,ob[e or television interference ,as aeE E. Compliance with building codes 1. a Ala s~gsPallmlie erected, constructed or maintained tts is 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 jjj~ys placed as to w4ic0#00*res with any opening required for light or ventilation 2. No 4ju permitted'whteh >s Sstr cturdlly,unsafe,srgns as determined the chief building official, based upon criteria established in the adopted buildme,ci 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code All signs and structures shall be desiened and constructed to meet the F. Outside display 1. NoWtMtanding the pro ons.of Section 26-631, t any merchandise laced outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, so& em automobiles, campers, boats, plant materials, produce or lumber. H. Illumination 2 Sig~w~thtn one hundred (100) feet of a residential structure, may be ~ghtedxndtrect7oantemallgexl}` 3. S 8o ,er one hundred (100) feet from a residential structure may use any type of lighting source 3serve, except search or flashing lights, provided that 4 @ ar shaded, shielded or directed so that the light shall not adversely affect surrounding premises or mte ereifl safe vision on public or private roadways, including highways. I. Maintenance 1. Any _kpn _ in_04i gtemligrtry tgosY to that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I Removal or reconstruction of dangerous signs. 1. Al] signs which are prohibited He)ay 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. 6 STUDY SESSION A. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Meredith Reckert. She reviewed the staff report. At the request of Vice Chair McMILLIN, questions and answers took place during the presentation. The following points were discussed: • The issue of sight distance triangles not being required at signalized intersections should be revisited. There was a consensus that sight distance triangles should be considered at all intersections, including those that are signalized. • Setbacks of 10 feet for freestanding and portable signs should remain at 10 feet rather than changing to 5 feet. • Construction sign regulations should also apply to mixed-use developments. • Suggestion that staff look into possibly limiting size of balloons by square footage. • Artistic mural or sculptures should not allow branded products. • Home occupation signs should be allowed within reason. Suggestion that signs be allowed in residential areas on major arterial streets or when surrounded by commercial situations but not in solid residential areas. Signs should be no more than 2 square feet in size. • Regulations for commercial and industrial zone districts should also include mixed-use developments. • Lighted signs that are partly blank should have the blank sections obscured. • Staff will check on the average life of cabinet signs in order to assist in developing regulations for amortization of nonconforming signs. 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 McNAMEE and seconded by Commissioner STEWART to adjourn the meeting at 8:20 p.m. The motion passed unanimously. John McMillin, Vice Chair Ann Lazzeri, Recording Secretary Planning Commission Page 2 August 5, 2004 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on July 1, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: June 24, 2004 1J C? City of Wheat Ridge ~oF "HEgT~ Community Development Department m Memorandum C~~ORA~~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-18/Sign Code DATE: `Mwf47 2004 Pv oJv g~ fo Exhibit 1 is the proposed chart for the residential, agricultural and public facilities zone districts. It is formatted the same as the commercial and industrial zone districts chart which was reviewed by Planning Commission at study session on May 20, 2004. All signs addressed in Section 26-706 (Signs exempt from permit requirement), Section 26-708 (Prohibited signs) and Section 26-709 (Permitted signs; specifications and regulations) have been put into the chart. The chart lists the types of signs down the left-hand side. Across the top, the following sign characteristics are identified: whether the sign type is permitted, whether a permit is needed for installation, maximum size and height, maximum number, minimum setbacks and other requirements. A sign is permitted to be illuminated unless designated otherwise under "other requirements". The following addresses those individual sign categories, which are organized alphabetically in the table. Changes to the sign characteristics have been designated with "shadowtng'=:' All changes tc the chart are shown in red. • Animated signs: Not permitted. • Arcade signs: Not permitted. • Canopy signs: Canopy signs is a new designation addressing signage on attached and detached canopies (gas stations, bank drive-throughs, etc). Canopy signs are not allowed in the residential, agricultural and public facilities zone districts. • Changeable copy signs: This is a new category that is permitted for wall signs and freestanding signs. These signs must follow the provisions for size, height and setback for freestanding signs and wall signs. • Freestanding signs: The existing code utilizes a formula for freestanding signs based on lot size with a maximum 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 10' to 5'. • Portable signs: No changes except that portable signs 36" and less in height can be setback 2' (formerly 5'). Signs higher than 36" can be setback 5' (formerly 10'). Portable signs can be located in the right-of-way. They cannot block sight triangles or block public sidewalks to the extent that the ADA requirement of 3' of unobstructed width is violated. Projecting signs: Not permitted. Public and semi-public signs: This category combined public, semi-public and public information signs. No major changes. "Activities" are now referred to as "organizations or attractions". May be located in the right-of-way. Temporary signs • Construction signs: No changes except construction signs 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: Added a setback requirement of 5'. Real estate signs cannot be illuminated. Banners: This section has been modified to be consistent with the Planning Commission recommendation made at the May 20 meeting. For tracking purposes, permits are required. Pennants, streamers and similar devices: 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 or public signs. Permits are required. Balloons and other inflatable devices: No change in duration or required permitting. A height limitation of 35' has been added. Temporary model home signs: 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: No changes to the number, location or size. Some minor verbiage changes. Miscellaneous • Artistic mural or sculptures: No permit needed. Cannot have advertising. • Barbershop poles: Not permitted. • Bulletin boards: This category has been eliminated from the sign code. • Flags: No changes. Flagpoles cannot exceed 35' in height. • Flashing signs and search lights: No changes. Not permitted. • Historic plaques, etc: No changes. • Home occupation signs: New category. Home occupation signs are not allowed. • Informational signs: No changes. Other types of information signs can be illuminated, not just freestanding types. • Political campaign signs: No changes, except political campaign signs cannot be located in the right-of-way or on municipally owned property. There is no limitation on the number of political campaign signs allowed. • "Rooms for rent" signs: Added a maximum size and number limitation. Has to be on the property it is advertising. • Roof signs: No changes. • Temporary decorations or displays: No changes • Traffic control or regulatory signs: This is a new category. It is intended to address public signs required by federal, state or local government. . 2 Wheeled advertising devices: We have changed the title of this category to "vehicle signage". No changes except that banners and temporary signs cannot be attached to vehicles and used as signage. Window or door signs: This category combined the following two categories: " Signs located inside of a building" and "Temporary signs attached to door or window areas". The amount of sign area allowed was reduced from 50% to 25%. Attached as Exhibit 2 are the supplemental regulations which includes "miscellaneous provisions" and "performance standards". The "miscellaneous provisions" section is intended to address specific categories of signs and their attributes which didn't fit into the chart format. An example would be the Freestanding Sign Area calculation chart, which is currently Section 26-709.D.5. The following addresses those provisions. Building addressing: No changes Signage on bus benches and bus stop shelters: No changes to bus bench signage. For bus stop shelters, provisions for the number of faces allowed to have signage and maximum sign size were added. Freestanding signs (commercial and industrial): Changed the title from "Freestanding signs - Non-residential" to "Freestanding signs - Commercial and Industrial zone districts" to match chart. Simplified the provisions for square footage transfers. Clarified freestanding sign allocations for properties having multiple street frontages. Removed the provision for offset from adjacent properties. In the sign area chart, specified that only the footprint of the structure can be used in calculating allowable sign area. Removed canopy footprints from same calculation. Freestanding signs (residential, agriculture and public facilities zone districts): Changed the title from "Freestanding signs - Residential" to "Freestanding signs - Residential, Agriculture and Public Facilities zone districts" to match chart. Clarified freestanding signs allocations for properties having multiple street frontages. Removed the provision for offset from adjacent properties. The "performance standards" section would apply to all categories of signs, regardless of type or zone district in which they're located. The following addresses those provisions. • Sign distance triangle: No changes • Location of signs: No changes. Signs must be appurtenant to the property they are advertising. • Streets and rights-of-way: No major changes. All provisions for signage in the City's rights-of-way are grouped into the same section. • Interference: No major changes except the category of cellular phones was added. • Compliance with building codes: No major changes. All provisions for compliance with building codes are grouped into the same section. • Outside display: No changes. References section 26-631 of the zoning and development code (Outside display or storage; requirements). 3 Off-premises signs: Specifies that public and semi-public signs and billboards as the only off-premises signs allowed. Illumination: References the lighting section of the zoning and development code (26- 503) which is in the process of being amended. Prohibits internally lighted signs with white or light-colored backgrounds. 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E L Y ~ u. _ ' 9a O Y ~ a L H ry ~N O q L N- a~ s 4 ~ tlj y TF mT 4 ; Y m p & = 9y C G ~ O O 7 Y 6 i Y d vi4 ` L T W G 07 C T fF 1j z z z Y ~ y z z C z ;6d N ~ z z z E" z z° z z } z c 2`a,tir`o 00 0" ° Y c e o eo a a z .P o u _ ~ K H O O g a i X~L U y q 4 s 6 Y co m W a W m a Planning Commission August 6, 2004 NUseellaneous Provisions A. Building addresses 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. 2. Sins located on a bus stop shelter Article IV., C. Freestanding signs - 1. Where two street 5. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 1 EXHIBIT 2 6. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.) TABLE INSET: Floor area of Building Single Use Development 0--1,500 s.f. X881;501--5,000 s.f. 35 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor area over 1,501 QN85,001--50,000 s.f 100 s.f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001 Over _38 999 50,001 s.f. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. D. Freestanding signs - Residential, 1. Where two frontage, each pernttted allowed:. are Multiple Use Development 60 s.f. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. 150 s.f. plus 1 s.f. per each 300 s.f. of floor area over 5,001. 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s.f. virtue of districts street 2 5. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. Performance Standards A. Sight distance triangle 1. X3414 No sign is ',allowed which would violate the sight distance triangle requirements of section 26-603B. B. Location of signs 1. All signs, except billboards, public signs, and semipublic signs i allowed by this article shall be located on the lot fefwhich they advertise. C =streets and rights-of-way 1.gnVo sign ~s allo3eed 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 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. 2. ' No st-n-hall 6- erected in such a location as to interfere with motor vehicle ox pedestcaan trafe< 3. ~rycusNo siguis allowed in the public ri ght-of-way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 21, and pibhc, seep pubitftraffic aid regulatory signs: 5. Any s grr lYo siMi-' Mowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. 6. Where it is difficult to determine the pubic right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 7. 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. 8. Temporary signs found by an enforcement office to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. Dl Interference 1. a} ng No sigh ts-allowed w0cli'.embloys a lighting or control mechanism which causes radio radar celiular.telephbne or television interference inet alleived E. Compliance with building codes 1. tiny sign se No_sign shall he_ erected, constructed or maintained 44 which obstructs or be is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or s_ placed which interferes with any opening required for light or ventilation. 2. No sagn3ispermifted which W stmetuzal1 unsafe srgrrs as determined the chief buildine official, based unon criteria established in the adopted building e 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and materi al construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the ' " - - F. Outside display 1. Notwithstanding the provMonsrof Sectrori26 63try any merchandise *placed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. Off-premises signs 1. Nj 9off-premises signs are permitted with_ the exc hon of pubhc and semi public signs and bdlboardsz H. Illumination 2 Signswitlur one hundred (100) feet of a residential structure, maybe lighted indirectly oranternally'T 3. Srgnsv9over one hundred (100) feet from a residential structure mayuse any type of lighting source _ except search or flashing lights, provided that iE e tliey are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere watfi safe vision on public or private roadways, including highways. 7. STUDY SESSION r A. Sign Code: Staff has been working on amendments to the existing sign code over the / J past year. Meredith Reckert reviewed the amendments suggested by staff as outlined in VVV/// the staff report. The sign code was reviewed by the Commissioners. There was a consensus to leave the standards as presented in the staff report with the following exceptions: Canopy Signs - May use up to 50% of wall signage allowance on a canopy. Changeable cony signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. Banners - Allow half the size of a permanent sign for a limited time until a permanent sign is installed. The same time limit as for pennants would apply to banners. Staff will bring the sign code with suggestions made by the Commission back for a later study session. B. Landscaping: Proposed amendments to the existing landscape regulations in the zoning and development code as outlined in the staff report were reviewed by Meredith Reckert. Results of a comparison with other cities' landscape ordinances were also included in the staff report. Suggestions included: Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. Multi-family developments need more grassy areas than single-family housing. • The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff will bring the landscaping regulations in ordinance format back to the Commission at a later meeting. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS Alan White asked Commissioners to let him know as soon as possible if they want to attend the June 5a' Planning Commissioners Workshop to be held at the Lakewood Cultural Center. Planning Commission Page 2 May 20, 2004 City of Wheat Ridge of WHEgT~ Community Development Department Memorandum ~'O~pRpp~ TO: FROM /l~anning Commission A di h : ere t Reckert SUBJECT: Case No. ZOA-03-18/Sign Code DATE: May 14, 2004 Over the past year, staff has been working on amendments to the existing sign code (Article VII of the planning and development code. Staff had originally considered changes only to the sections related to flags and banners, however, our review has now been expanded to the entire sign code. For those new Planning Commission members, the following is a brief history of actions relating to the sign code. February 2001: A new sign code is adopted as Article VII of the planning and development code. (Exhibit A, sign 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. (Exhibit B, memo to CAC) June 2003: The attached flyer was distributed with the quarterly newsletter to all businesses within the city. (Exhibit C, flyer) November 2003: A study session was held with Planning Commission to discuss proposed sign code changes (Exhibit D, memo to Planning Commission). Planning Commission made the following recommendations: Business flags should be allowed as originally recommended by staff. In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. December of 2003: City Council discussed the sign code at study session where they made the following recommendations: • That corporate flags not be allowed. • That staff study time limits for temporary signs and return with a recommendation. Since that time staff has continued to work on modifications to the sign code. In addition to many of the changes noted in the October 2003 memo to Planning Commission, staff has revised the format of the sign code to make it more user-friendly. All signs addressed in Section 26-706 (Signs exempt from permit requirement), Section 26-708 (Prohibited signs) and Section 26-709 (Permitted signs; specifications and regulations) have been put into a chart format. With the chart, a person can look up the type of sign in question; determine whether it is allowed and whether a permit is needed. Exhibit E is the proposed chart for the commercial and industrial zone districts. The residential and agricultural zone districts will have a separate chart, which is still being worked on. The chart lists the types of signs down the left-hand side. Across the top, the following sign characteristics are identified: whether the sign type is permitted, whether a permit is needed for installation, maximum size and height, maximum number, minimum setbacks and other requirements. A sign is permitted to be illuminated unless designated otherwise under "other requirements". The following addresses those individual sign categories, which are organized alphabetically in the table. Changes to the sign characteristics have been designated with `.`s iagovv~ng"; • Animated signs: Not permitted. The current regulations prohibit animated signs with the exception of "time and temperature" signs and barber shop poles. Barbershop poles have been added to the category of "Miscellaneous signs". "Time and temperature" signs are included in the category of "Changeable copy" signs. • Arcade signs: An arcade sign can extend into the right-of-way with a right-of-way permit. No other changes. • Canopy signs: Canopy signs is a new designation addressing signage on attached and detached canopies (gas stations, bank drive-throughs, etc). Businesses can have up to 50 square feet of canopy signage to be distributed as desired by the business owner (i.e., on one side of the canopy, on two sides of the canopy, etc). • Changeable copy signs: This is a new category that is permitted for most types of signs (wall signs, freestanding signs, etc). These signs must follow the provisions for size, height and setback for the individual types of signs. "Time and temperature" signs would be categorized as a changeable copy sign. • Freestanding signs: 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. • Portable signs: No changes except that portable signs 36" and less in height can be setback 2' (formerly 5'). Signs higher than 36" can be setback 5' (formerly 10'). Portable signs cannot be located in the right-of-way, block sight triangles or block a public sidewalk. • Projecting signs: 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. Public and semi-public signs: This category combined public, semi-public and public information signs. No major changes. "Activities" are now referred to as "organizations or attractions". Temporary signs • Construction signs: No changes except a construction sign must be setback 5' from property lines. There is currently no required setback. Specifies that construction signs must be on the premises for which they are advertising. Construction signs cannot be illuminated • Real estate signs: No changes. Real estate signs cannot be illuminated. • Banners: This section has been modified from what is in the existing code and what Planning Commission recommended at the November 2003 study session. Staff is recommending that one banner be allowed per business at any time with no permit required. Banners must face a public street or major interior drive. • Pennants, streamers and similar devices: 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 or public signs. • Balloons and other inflatable devices: Pennants, streamers and similar devices are now their own category. No change in duration or required permitting. • Wall or painted signs: No changes to the number, location or size. Some minor verbiage changes. Miscellaneous • Artistic mural or sculptures: No permit needed. Cannot have advertising. • Barbershop poles: No changes. • Bulletin boards: No changes. • Flags: No changes. • Flashing signs and search lights: No changes. • Historic plaques, etc: No changes. • Home occupation signs: New category. Home occupation signs are not allowed. • Informational signs: No changes. • Political campaign signs: No changes, except political signs cannot be located in the right- of-way or on municipally owned property. • Roof signs: No changes. • Room for rent sign: No changes. • Temporary decorations or displays: No changes • Traffic control or regulatory signs: This is a new category. It is intended to address public signs required by federal, state or local government. • Wheeled advertising devices: No changes except that banners and temporary signs cannot be attached to vehicles and used as signage. • Window or door signs: This category combined the following two categories: " Signs located inside of a building" and "Temporary signs attached to door or window areas". The amount of sign area allowed was reduced from 50% to 25%. Other required modifications will include a section on performance standards for illumination, maintenance of the sight triangle, etc. As an example, staff anticipates the illumination section to prohibit signs with light-colored backgrounds as well as no allowance for lighted signs if a business is closed. There will also be a section which addresses specifications for specific categories, which didn't fit into the chart format. An example would be the Freestanding Sign Area calculation chart, which is currently Section 26-709.D.5. 4 NextPage LivePublish ARTICLE VII. SIGN CODE City of Wheat Ridge Community Development 7500 W. 29° Ave. Wheat Ridge. Co 80033 303-235-2846 www.ei.wheatridgexo.us n Page 1 of 1 EXHIBIT A NextPage LivePublish Page 1 of 1 Sec. 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings, D. To conserve the character and economic value of buildings and neighborhoods; 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Additional regulations may apply within the Architectural Overlay District. Consult Architectural Design Manual for specific supplementary regulations. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Sec. 26-702. Definitions. Page 1 of 3 For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A moving sign that utilizes motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "time and temperature" and "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or product. A company, fine, association, society, etc., logo is not considered within the scope of this definition and is considered a sign. Awning. A movable shelter supported entirety 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. 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. Bulletin board. A sign which announces meeting times or special events of public interest such as a church service, civic meeting or similar event. (See section 26-4 10C.) 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 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. Any sign wherein the message changes sooner than fifteen (15) seconds shall be considered a flashing sign. 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 buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development' for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensifies of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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 NextPage LivePublish illumination, such as parking lot light. Page 2 of 3 (c) Intemal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. 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 forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. 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 located. 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. Public information sign. A sign giving only information about public places owned and operated by federal, state or local government. Public sign. An official sign that is required by law or ordinance or is necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Revolving signs are specifically prohibited. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Roof signs are specifically prohibited. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, NextPage LivePublish Page 3 of 3 including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A- frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 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. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Sec. 26-703. Enforcement and penalties. Page 1 of 1 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 section 26-708. B. Unlawful "temporary" or "portable" signs. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Page 1 of 1 Sec. 26-704. Contractor's license required. 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.) (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Sec. 26-705. Permit required. Page 1 of 1 A. No sign or modification to an existing sign shall be erected, placed or displayed 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. B. An application, accompanied by a scale drawing, for each separate sign permit shall be made to the department of planning and development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 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 by the city council and are set forth in Appendix A [on file in the office of the city clerk]. Permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Sec. 26-706. Signs exempt from permit requirement. Page 1 of 2 The following are exempt from application for permit; however, they are subject to all other provisions of this article: A. Flags (city, state, national only), placards, banners, badges, insignias or similar devices of any governmental agency or civic, charitable, religious, patriotic, political, fraternal or similar nonprofit organization, when located on their own premises or displayed along any march or parade route or in sockets along any street during a fund-raising drive or other similar special event. Any such devices to be placed within public right-of-way may only be approved by city council. Flagpoles must meet setback requirements of the zone district in which they are constructed, and must not exceed a height of thirty-five (35) feet. B. A bulletin board erected by any governmental, fraternal, civic, religious or service organization or club for the purpose of announcing its presence and the time and place of its regular meetings or special events. C. Signs required by regulation or statute of the federal, state or municipal government D. Real estate signs erected for the advertising of the prospective sale or rental of property on which it is maintained, when in conformance to this article. E. A sign advertising individual rooms for rent within a rooming and boardinghouse, if it does not exceed two (2) square feet of display surface. 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 thirty-two (32) square feet and is no higher than eight(8)feet G. Temporary signs attached to door or window areas announcing special sales and features for a period of two (2) weeks in advance and during such special sales and features; provided, that the signs do not exceed fifty (50) percent of the window area. H. A sign located inside of a building, even if. it is visible from outdoors; provided, that such sign does not obstruct more than fifty (50) percent of the window area and that those signs which advertise temporary uses such as rummage sales, garage sales, open houses are located on private property. L Political campaign signs and temporary produce sales signs may be located on private property only by permission of the landowner, and shall not exceed eight (8) square feet in size if located in residentially zoned areas or sixteen (16) square feet in all other areas. J. House or building address number signs. K. Informational signs which are accessory to the primary use (i.e., "restrooms, "'no smoking," "wheel chair entrance," etc.), or directional (i.e., "in," "but," "ramp," "drive-thru," etc.) are exempt from a sign permit subject to the following standards: Size shall not exceed four (4) square feet per side; 2. May be wall-mounted, freestanding or attached to other freestanding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign; 3. May be illuminated by internal lighting only, if freestanding type; and 4. If freestanding, shall not exceed thirty-six (36) inches in height if within a required sight distance triangle, or forty-eight (48) inches where outside of a sight distance triangle. L. Temporary signs as permitted under section 26-709L. NextPage LivePublish Page 2 of 2 M. Temporary decorations or displays when such are clearly associated with any national, local or religious holiday or celebration. N. Historic plaques, cornerstones and the like, erected by the city or historical agencies designating an area of local historical importance; provided that such plaque or cornerstone does not exceed three (3) square feet in size; provided that such designations are in accordance with article IX. 0. Signs located on a bus stop shelter for which a permit has been issued pursuant to Code of Laws section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Sec. 26-707. General provisions. Page 1 of 1 A. Nonconforming signs. The lawful use of a sign existing at the effective date of the ordinance from which this article is derived may be continued, although such use does not conform to the provisions of this article, subject to the following provisions: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shalt be removed or otherwise brought into compliance. C. Removal or reconstruction of dangerous signs. All signs which are prohibited below 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. D. 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 lot for which they advertise. E. Attachment to public structures. 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. F. Conformance to building code. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the Uniform Building and Electrical Code requirements. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Sec. 26-708. Prohibited signs. The following signs are prohibited: Page I of I A Any sign which would violate the sight distance triangle requirements of section 26-6036. 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 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. C. Any sign that is erected in such a location as to interfere with motor vehicle traffic. D. Any sign employing a lighting or control mechanism which causes radio, radar or television interference. E. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or any sign so placed as to interfere with any opening required for light or ventilation. F. Flashing signs and searchlights. G. Animated signs, including revolving, whirling, twirling or any other sign which uses motion, either implied or actual. Barber poles not exceeding five (5) feet in length and not roof-mounted and time and temperature signs are permitted; provided that the time lapse between the time and temperature information switch is not less than fifteen (15) seconds. H. Structurally unsafe signs as determined by the chief building official, based upon criteria established in the adopted Uniform Building Code and/or Uniform Code for the Abatement of Dangerous Buildings. 1. Roof signs. J. Wheeled advertising devices, except for currently licensed, operative vehicles which are primarily used by its owner for service, delivery or general transportation on a regular basis. K Any merchandise displaced outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. L. Any sign which is in the public right-of-way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 21. 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. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Page I of 4 Sec. 26-709. Permitted signs; specifications and regulations. A. Animated. Size of sign is based upon the sign type (i.e., freestanding, wall or projecting). B. Arcade. 1. Nonresidential uses only. 2. Maximum height, bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is attached. 3. Minimum height, seven (7) feet above grade. 4. Maximum one (1) per building entrance for nonresidential uses. 5. Maximum area, four (4) square feet for nonresidential uses. C. Freestanding-Residential districts. 1. Permitted only for nonresidential, nonagricultural and multiple-family uses. 2. Maximum sign area is two (2) square feet for each one thousand (1,000) square feet of lot area, with a maximum of thirty-two (32) square feet per sign. 3. Maximum of one (1) per street frontage. 4. Maximum height in R-1, R-1A, R-1 B, R-1 C, R-2, R-2A and A-1, districts, six (6) feet 5. Maximum height in R-3, R-3A, and PRO districts, without commercial uses, twelve (12) feet. 6. Maximum height in PRO District, with commercial uses and for commercial uses only, twenty-five (25) feet. Must be set back a minimum of ten (10) feet from any property line. 8. May be illuminated. D. Freestanding-Nonresidential districts. 1. Maximum height: Fifteen (15) feet; provided, that signs for retail and service businesses within one- quarter ( 1/4) mile of an interstate highway, that are oriented to the interstate highway, are permitted one (1) freestanding sign up to fifty (50) feet high. Any other permitted freestanding sign shall not exceed fifteen (15) feet in height 2. Maximum number of signs per development. One (1) per street frontage, not to exceed two (2) per development, except as may be permitted by a master sign plan pursuant to section 26-710- Where two (2) freestanding signs are permitted by virtue of multiple street frontage, the sign area allowed may be transferred from one (1) sign to another, provided, that such transfer does not allow the larger sign to exceed one hundred fifty (150) percent, of the maximum area allowed based upon building area. If the sign area is transferred from one (1) allowable sign to another, only the larger sign shall be allowed and the second sign shall not be permitted. 3. Sign setback requirements: a. From adjacent properties. Ten (10) feet where adjacent to residential-zoned properties; no setback in all other cases with other than residential (including PRD) zoning. Where a sign exists on an adjacent property and that sign is within twenty (20) feet of the proposed location of a new sign on the adjacent property, an offset, either vertical or horizontal, shall be required such that the existing sign is not visually blocked by the new sign, b. From street right-of-way: Five (5) feet for signs under seven (7) feet high, ten (10) feet for NextPage LivePublish Page 2 of 4 signs seven (7) to twenty-five (25) feet high, and thirty (30) feet for signs over twenty-five (25) feet high. (See section 26-603.) 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.) TAQI F INSET: FA" area of SAft s6gb use Dwabwrlw MU*16 use Development 0-1,SOp s.f. 35 s.f. 60 s.f. 1,500-5,000 s.f. 35 s.t phs 1 sf. per each ad*k" 50 sf of Ifam area ovm 1501- So s.f. pbs 1 s.t per each adManaf 40 s.f. of f" area ova 1,501. 5,000-50,000 s.f. 1000.. Pits 1 s.f. pm each adei "d 5N s.f. of fim area ovm 5,001. 150 s.f. pks 1 s.1 pm each 300 s.f. of fiom area over 5,001. Over 50,000 s.f. 190 s.f. pits 1 sf pm each additional 1,000 s.f. offiom area ova 50,001 up b a nmftan size of 300 s.t 300 s.t. plus 1 s1 per each additional 1,000 sf of floor area over 50,001 up to a maximum size of 400 0. E. Illuminated. 1. Within one hundred (100) feet of a residential structure, indirect or internal lighting only. 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 vision on public or private roadways, including highways. Portable. A-frame or pedestal style only. 2. Maximum area: Six (6) square feet. 3. One (1) per street frontage, but no more than two (2) per development 4. Must be set back a minimum of ten (10) feet from any street right-of-way line if over thirty-six (36) inches or two (2) feet if under thirty-six (36) inches high. 5. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. 6. Must only be displayed during normal hours of operation. G. Projecting. Maximum height. Top of wall or parapet; not to be roof-mounted. 2. Maximum projection: Ten (10) feet and, in any event, not within ten (10) feet of the property line or street right-of-way. 3. 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. 4. Projecting and wall sign not permissible on same wall. 5. Maximum number. One (1) per street frontage. H. Public. Direction and other official signs or notices within the right-of-way that are required or authorized by law only. NextPage LivePublish Page 3 of 4 1. Public information. With the approval of the director of planning and development. J. Residential subdivision signs. Permanent identification signs: a. One (1) for each street frontage; b. Not to exceed twenty (20) square feet in area or six (6) feet in height; 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. 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 wall4ncorporated only. 2. Temporary model home signs: a. One (1) per model home; b. Not to exceed twelve (12) square feet each and not over six (6) feet in height if a freestanding type; and c. Must be set back from property lines a minimum of ten (10) feet. K. Semipublic. Maximum area: Six (6) square feet per sign. 2. Maximum number: Two (2) per activity. 3. May be located off-premises with approval of the property owner. 4. May be located within public right-of-way if approved by either the city public works director, if a city street, and by an appropriate 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. L. Temporary. 1. Temporary signs are prohibited upon public rights-of-way and must comply with sight distance triangle requirements of section 26-603. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. Temporary signs found by an enforcement officer to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 2. Construction signs shall not exceed thirty-two (32) square feet and eight (8) feet in height. One (1) per street frontage allowed between the time a building permit is issued and a certificate of occupancy is obtained. 3. For sale or lease signs shall not be illuminated and shall be no larger than nine (9) square feet for one- and two-family dwelling residential uses and no larger than fifty (50) square feet for all other uses. One (1) per street frontage allowed. 4. Banners are permitted for any nonresidentially zoned or used property to advertise special events or sales subject to the following provisions: NextPage LivePublish Page 4 of 4 a. May be placed upon a building wall or roof or a fence but shall not be attached to landscaping, freestanding posts or utility poles. b. The total size allowed for any single banner or total combination of 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 if it was attached to the nearest adjacent building wall having street frontage. c. Any banner that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. 5. 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 (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 dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. c. Roof mounting is permitted. d. Notwithstanding any provisions of this article to the contrary, signs regulated pursuant to this subsection shall be required to obtain a temporary sign permit. M. Wall or painted. 1. 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 attached or detached canopies and 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. 2. Each ground floor tenant or use shall have the right of wall signage upon any wall which fronts upon a public street, or if not fronting upon a public street, upon any wall which fronts upon a major interior drive which connects two (2) public streets or provides access to two (2) or more parcels of land. For uses which have a rear entry or delivery door, one (1) nonilluminated wall sign per use, not to exceed ten (10) square feet, is permitted. 3. For buildings with flat roofs, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet or 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 of the wall and may not extend beyond the side of the wall. 5. Commercial, industrial, multiple-family, public and semipublic uses only. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Page I of 1 Sec. 26-710. Master sign plan. A. The planning commission may approve a master sign plan for planned developments of any size and for any existing or proposed business center or office complex of at least two (2) acres or more in size which are under unified control either by ownership, legal association or leasehold. B. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans up to a one hundred (100) percent increase in the number of signs and/or fifty (50) percent increase in maximum square footage, and/or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. C. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Approval procedures under this provision shall be subject to those requirements for a special use, as set forth in this chapter, section 26-114. (Ord. No. 2001-1215, § 1, 2-26-01) NextPage LivePublish Page I of I Sec. 26-711. Billboards; specifications and regulations. A. General provisions. 1. 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. GRAPHIC LINK: Official Billboard Zoning Mag 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, 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 planning and development. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B-1 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. 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 other billboard facing in the same direction on the same roadway as defined by roadway name or number. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. (Ord. No. 2001-1215, § 1, 2-26-01) Secs. 26-712-26-800. Reserved. Mw mw. e ~ N i i City of Wheat Ridge of "HEq P Community Development Department Memorandum ~~~~Rp~~ TO: Community Affairs Committee FROM: Meredith Reckert SUBJECT: Proposed sign code changes DATE: May 12, 2003 PROCESS The Community Development staff is in the process of evaluating changes to the existing sign code. Initially, the changes being considered would be to modify the existing regulations pertaining to flags and banners. There may be other changes initiated as we move through the process. The sign regulations were modified when the zoning code was rewritten in February of 2001. The most significant changes were to the allowed advertising signage for commercial businesses. Relative to wall signs, the old code allowed two square feet of signage for every linear foot of wall space to which the sign was attached. The existing regulations allow only one square foot per linear foot of wall space. Another significant change was the reduction of the allowed freestanding sign height from 25' to 15'. There was no amortization clause included in the legislation so non-conforming signs can remain until they are removed or physically modified. New signs must conform to the current regulations. It is staff s recommendation that these standards not be modified. In regard to education, Staff is preparing an informational flyer to be included in the city newsletter, which will be mailed to all of the businesses in the city. This flyer will explain what is allowed for commercial signage (IE, freestanding signs and wall signs) and what the proposed changes may encompass. Subsequent to distribution of the newsletter, a workshop will be scheduled for business owners to attend to discuss the existing sign code and proposed changes. All of the business owners in the city will be notified of the workshop by mail. A follow-up meeting will be held to inform the business community of staff s findings. They would also be informed that staff, at some point, would initiate an inspection and enforcement program for non-conforming signs. All proposed changes to the sign code would have to be formalized as zoning ordinance amendments requiring public hearings in front of Planning Commission and City Council. Once this has been completed, the enforcement would begin. The type of sign code changes that occur will dictate the extent of the enforcement efforts. EXHIBIT There have been suggestions for creation of a task force, which would include staff, industry representatives and local business owners. I'm not sure this would be the most efficient way to go. PROPOSED SIGN CODE AMENDMENTS: FLAGS The existing code of laws recognizes only city, state and national flags as being allowed. They are exempt from permitting requirements. There are no number or size restrictions for flags but the flagpole on which they are mounted cannot exceed 35' of height. It is specified in the sign regulations, that flagpoles meet the setbacks of the zoning district. Other cities categorize flags as exempt from permitting; but there doesn't appear to be a "standard" across the metropolitan area for size or number. The following are the regulations from cities in the area: Arvada: Allows one flag in addition to state and national flags. Maximum height of flagpole is 55'. Pole must meet setbacks for the particular zone district. Maximum size of flag can't exceed 300 square feet. Aurora: Flagpole can't exceed 35' and must meet setbacks. Maximum of six flags per property with total area of 360 square feet. Denver: Does not allow flags that represent goods, services, brands or business and business names. Size limitation is 32 SF. Englewood: Flags can't exceed 35 square feet in size. Golden: Allows state and national flags only. Lakewood: Allows state and national flags only. Maximum height of flagpoles is 35'. Littleton: Allows commercial flags when flown with a state or national flag. Commercial flags may bear a copyrighted insignia or symbol of the user of the primary permitted use. Must be on a separate pole. Size cannot exceed the individual sizes of the national and state flag, which are flown adjacent thereto. Westminster: One flag, pennant or insignia allowed per property not to exceed 35' pole with 60 square feet of flag. Flags are not addressed in the uniform sign code. My recommendation is to allow in commercial and industrial zones, one flag in addition to the city, state and national flag. The business flag would be allowed on a separate pole (limited to 35' in height) and may bear a copyrighted insignia or symbol of the user of the primary permitted use. I'm not sure what maximum size should be allowed but we can discuss this. BANNERS/TEMPORARY SIGNS The sign code allows banners for temporary events with no maximum time allowance. Pennants, streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed, but there is no time limit specified for these types of signs. The following are the regulations from cities in the area: Arvada: No time limit. 40 square feet maximum. Permit not required. Aurora: Allowed for 60 days per year (not to exceed 15 days per event). 200 square feet maximum. Permit required. Brighton: Allowed for 180 days per year. 100 square feet max. Permit required. j Commerce City: Allowed for 45 days per year in four events. No size maximum. Permit required. Denver: Allowed for 60 days per year. Maximum of 64 square feet. Permit required. Lakewood: Allowed for 90 days per year. Maximum of 40 square feet. Permit required. Littleton: Allowed for 60 days per year in two events. No size maximum. Permit required. Longmont: Allowed for 60 days per year. Maximum 32 square feet. Permit required. Louisville: Allowed for 30 days per year. No size limitation. Permit required. Westminster: allowed for 60 days per year. Maximum 40 square feet. Permit required. The Uniform Sign Code recommends that temporary signs not exceed 100 square feet in size and that they be allowed for a maximum period of 60 days per year. There are also specific requirements for wind resistance and attachment. My recommendation is to make the provisions for banners the same as for pennants (30 days per year in one or two events). The allowable banner size would be consistent with the wall signage formula (one square feet of banner for every linear foot of wall length). The erection of both banners and pennants should require sign permits with a fee charged (removed from the "exempt" section). By doing this, we could track the frequency and duration of these temporary signs, which we can't now because no permit is required. Some revenue would be generated for the permit tracking and enforcement, if necessary ATTENTION BUSINESS OWNERS The City is exploring a few changes to the sign code. These changes deal with temporary banners and flags. Temporary Banners: The proposed change would limit the amount of time a banner maybe placed upon an exterior wall. If this change is approved by City Council, the code will change 15 days after the public hearing. The City will then begin to enforce the new code after a grace period of 60 days. Among the proposed changes: • Temporary banners would be allowed`for a maximum of two weeks twice a year, orfor a single one-month period every year. • Temporary banners would require a valid sign permit issued by the Community Development Department. Flags: nz - • The proposed change roulel lkaw"co 'ate flags, m addition to National, State, or City flags. T • The number of corporate flags;wll be llmitetl #o one n • The size of corporate flags will be restnctd to 35 square feet Y ~ at • Setbacks and height limitations for flagpoles will remain unchanged:' During the public hearing process, you will be given a chance to speak directly to the Planning Commission and City Council. These public hearings will be advertised on the City website (www.ci.wheatridge.co.us), on Channel 8 and in The Wheat Ridge Transcript. The City values your opinion and welcomes any comments regarding these proposed changes. If you have any comments, please call the Community Development Department at 303.235.2846 or mail comments to : o~ WRE4T Community Development Department F 9m attn: proposed sign changes 7500 West 29th Avenue r~10RP~ Wheat Ridge, CO 80033 EXHIBIT Current Regulations for Signs, Banners and Window Signs ~COR1'~ These regulations are NOT proposed to change The City allows the following types of signage for your business: Freestanding Sign Size of sign = 35 square feet + 1 square foot r Building = 2,000 40 square feet for every 50 square feet over 1,501 square feet of building. For Example: 501 501 1. 35 + 2,000 - 2. 35+ (499 (A5-0-) • Maximum height = 15 feet • Sign must be setback from your property line : 5 feet if sign is up to 7 feet tall OR 10 feet if sign is up to 15 feet tall • Freestanding signs must be located in a landscaped • Freestanding signs require a permit Wall Sign (includes banners) ee%- • Wall signage requires a permit. Window Sign Up to 50% of a window may contain signage ~Y ~ ~N, { kn f • Window signage may only occur a maximum of two weeks, and should advertise special sales. 3. 35 + 9.98 = 44.98 based on a 2,000 square foot building, you may have 44.98 square feet of freestanding si, • For every one linear foot of wall space, you may have one square foot of wall signage. For Example : based on a wall 40 feet long, you may have a 40 square foot wall sign. A- Frame Sign • Maximum size of 6 square feet • Must be set back at least ten feet from your property line • One per street frontage • Requires a permit 0 Interior window signage does not require a City of Wheat Ridge OE WHEgT~ Community Development Department Memorandum c~CpRpO~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Sign Code Revisions DATE: October 30, 2003 The Community Development staff is in the process of evaluating changes to the existing sign code. The sign regulations were modified when the zoning code was rewritten in February of 2001. The most significant changes were to the allowed advertising signage for commercial businesses. Relative to wall signs, the old code allowed two square feet of signage for every linear foot of wall space to which the sign was attached. The existing regulations allow only one square foot per linear foot of wall space. Another significant change was the reduction of the allowed freestanding sign height from 25' to 15'. There was no amortization clause included in the legislation so non- conforming signs can remain until they are removed or physically modified. New signs must conform to the current regulations. It is staff's recommendation that these standards not be modified. Initially, the changes being considered were to modify the existing regulations pertaining to flags and banners. However, there are changes required in other areas as well. PROPOSED SIGN CODE AMENDMENTS: FLAGS (Section 26-706 A.) The existing code of laws recognizes only city, state and national flags as being allowed. They are exempt from permitting requirements. There are no number or size restrictions for flags but the flagpole on which they are mounted cannot exceed 35' of height. It is specified in the sign regulations, that flagpoles meet the setbacks of the zoning district. Other cities categorize flags as exempt from permitting; but there doesn't appear to be a "standard" across the metropolitan area for size or number. Staff's recommendation is to allow in commercial and industrial zones, one flag in addition to the city, state and national flag. The business flag would be allowed on a separate pole (limited to 35' in height) and may bear a copyrighted insignia or symbol of the user of the primary permitted use. Maximum flag size should be 35 square feet. BANNERS/TEMPORARY SIGNS (Section 26-706 A. and 26-709 L.) The sign code allows banners for temporary events with no maximum time allowance. Pennants, streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed, but there is no time limit specified for these types of signs. EXHIBIT Staff's original recommendation was to make the provisions for banners the same as for pennants (30 days per year in one or two events). The allowable banner size would be consistent with the wall signage formula (one square feet of banner for every linear foot of wall length). Permits would be required for the erection of both banners and pennants. To solicit input regarding the changes, staff distributed 1700 flyers to all businesses in the community. Exhibit 1 is the flyer that was sent with the proposed changes, as well as an explanation of the current regulations. Many business owners commented that banners are an inexpensive way to advertise special events or to be used as signage for their business. An alternative to staff's original recommendation would be to allow each business one banner per street frontage with no time limitation. This would give the business owner flexibility as to how the banner would be used and would be much easier for staff to administer without the need for an elaborate tracking system. OTHER MISCELLANEOUS CHANGES • Animated signs are prohibited with the exception of "time and temperature" signs and barber shop poles. Barber shop poles should be kept as the only allowed animated sign. "Time and temperature" signs should be included as "Changeable copy" signs and should not be limited to "time and temperature". (Section 26-702) • The definition of "bulletin board" has a typo that should be corrected to read Section 26- 710C. (Section 26-702) • "Unsafe signs" should be added to the listing under "Enforcement and Penalties". (Section 26-703) • It should be noted that campaign signs cannot be located in the public right-of-way. (Section 26-706) • Public signs and artistic murals should be listed as being exempted from permitting. (Section 26-706) • Signs advertising home occupations should be added to the list of prohibited signs. (Section 26-708) • It should.be added that off-premises signs are prohibited with the exception of public, public information and semi-public signs. (Section 26-706 and Section 26-709 H., I. and K.) • Freestanding signs in residential districts should be amended to include the A-2 zone district (Section 26-709 C.) • The specifications for arcade and projecting signs should be amended to allow extension into street right-of-way with approval of a right-of-way permit. This would be applicable to buildings with neo-traditional designs, which are built very close to the front property line. (Section 26-709 A. and G.) • Maximum sign height in PRD zone districts should be limited to 15' instead of 25' as currently allowed. (Section 26-709 C.) • It should be clarified that on corner lots, each freestanding sign is allowed the maximum square footage. On corner lots, both allowed signs can be located on one street. (Section 26- 709 D.) Gas station canopies and drive-through canopies should not be counted towards a building's floor area when computing maximum sign area allowed. The computation for allowable sign area should be limited to the building footprint, not the gross floor area of the building. (Section 26-709 D.) Signage on gas station canopies needs to be addressed - Are they wall signs? How is the allowable square footage computed? (Section 26-709 M.) z A n 0 a w e n n 0 a 3 m a m a n s A 3 A A N S A a 3 fU EXHIBIT v CD CD N d CD w CD A CD m N o z p o 0. p' 1j m ~ n q ~ . x p W p A < ~ q w e~ Y U n ~ 3 p O A s . ~ p ~ O S 3 r' ` N 3 Y q! q ' ] T D] O a C S ~ p SI . 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O J v N w (Qp A N ~ y d f D ~j 3 ~ u UO ~ 0 R v J City of Wheat Ridge of WHEgpP Community Development Department Memorandum ~~~oRao~ TO: Alan, Travis, Meredith FROM: Jeff Hirt SUBJECT: Sign Code Chart DATE: May 6, 2004 Attached is a draft of a sign code chart created from comparable charts in various other municipalities. The signs listed in the "Type of Sign" category are taken directly from the list of permitted signs in Sec.26-709. Their corresponding specifications and regulations shown on the chart are taken directly from this section also. There are two charts; one for signs permitted in residential, agricultural, and public facilities districts and one for signs permitted in commercial and industrial districts. No other sections of the sign code (i.e. prohibited signs, exempt signs) are included in the chart. Corrections that were made from previous meetings regarding sign code changes were included in the chart. The last meeting that took place up until the creation of this chart was 4/30/04 in which we stopped at Sec. 26-709 (J) "Public Information". City of Wheat Ridge Community Development Department Memorandum TO: Meredith Reckert FROM: Jeff Hirt SUBJECT: Canopy Sign Code Comparison DATE: March 8, 2004 P I looked at online Municipal Codes for several other cities in the area and found some relevant information with regards to canopy signage, and more specifically size requirements and how they are to be calculated. I attached the information that I found, with the most relevant areas in bold and underlined. I also emailed you the document with the information. Let me know if you'd like for me to call around and get any more information. CANOPY SIGNAGE REGULATIONS THORNTON Canopy sign means a sign attached to a canopy. The maximum sign area for a canopy structure shall be calculated separately from the main building and cannot be shared among the canopy structure and the main building. The canopy structure shall not include an awning sign or a projecting sign. (c) Canopy signs (1) General requirements Type (freestanding or wall) Wall sign that is attached to a canopy structure. Maximum Sign Area 60 square feet. Maximum Number of Signs None. Maximum Height Controlled by the canopy structure. Minimum Setback Controlled by the canopy structure. /llumination Concealed illumination or neon. (5) An illuminated canopy, awning, or architectural feature of a building is not considered a distinctive background for the purposes of measuring the sign area. 2. Canopy a) The design of the canopy shall not rely on flat, blank surfaces. The canopy shall include details such as beveling, fascia and/or cornice treatments to enhance the visual appeal of the canopy. No more than two colors shall be used on the area of the fascia not used in sign area. b) The columns that support the canopy shall be designed in a manner that is compatible with the other features on the site. Close attention should be given to column size, color and materials. Elements used on buildings such as brick, stone and decorative bonds shall also be used on the columns. 3. Using roof types such as gable and hip. Where flat roofs are used, canopies, cornice treatments and other design features shall be used to provide visual relief and avoid the appearance of plain, box-like buildings. b. The arrangement of the buildings and their relative proportion to one another shall be logical and well organized. Strategies to achieve this include,.but are not limited to: 1. Designing the roof of the retail building so that it is at least equal in height to the canopy and is the more prominent visual element on the site. This can be accomplished through a variety of techniques including lowering the fueling area through grading relative to the street and lowering the canopy height to the minimum allowed by the Uniform Building Code. 2. Designing the canopy and the columns that support the canopy so that the two elements are in balance. The size of the columns shall not be out-of-proportion to the size of the canopy. Sec. 18-300. Motor vehicle fueling station. e. Lighting on the underside of canopies shall be flush with, or recessed above the underside of the canopy surface. "Bubble" type lenses which refract light outside of the area directly under the canopy area are not permitted. Light bulbs or fixtures shall be coated to reduce glare. AURORA (See table below for reference) ' Or in lieu thereof, the total permitted sign area of each use may be determined by the following: two square feet of sign area for each linear foot of building frontage of that portion of the building occupied by a first-floor use, for the first 100 feet of building frontage; then one-half square foot of sign area for each linear foot of building frontage thereafter. For motor vehicle fuel dispensing stations, the applicant may choose either the primary linear frontaee of the canopy or store for calculatine the sign area, but not both. Separate uses within the building (e.g., dining area) maybe entitled to a maximum of 80 square feet of sign area. Or, in lieu thereof, the total permitted sign area of each use may be determined by the following: one square foot of sign area for each linear foot of that portion of the building frontage occupied by a first-floor use for the first 200 feet of building frontage; then one-half square foot of sign area for each linear foot of building frontage thereafter. For motor vehicle fuel dispensing stations, the applicant may choose either the primary linear frontaee of the canopy or store for calculatine the sign area, but not both. Separate uses within the building (e.g., dining area) may be entitled to a maximum of 80 square feet of sign area.Accessory car wash buildings may not be used to calculate sign area. Table 16.2. Permitted Signs in Business Commercial Office Redevelopment and Industrial Districts Sign Category (A) (B) (C) (D) (E) Sign Maximum Maximum Area' Max Height Permitted Type Number above Illumination Grade' 1. General Wall, window, 5 for each Dwelling units: 1 12 feet for lots Signs maybe ground permitted use sq. ft. of sign abutting a major illuminated with 1 additional area for each or minor arterial ground sign dwelling unit in street permitted in the a multiple-unit special dwelling 8 feet for lots commercial provided, abutting a overlay district however, that no collector street more than 32 sq. ft. of sign area shall be applied to any single street front, nor shall the total sign area for any use exceed 96 sq. D. All other permitted uses on lots abutting major arterial street: 80 sq. W. In computing the area of such signs, no more than one building frontage shall be used. All other permitted uses on lots abutting all other streets: 80 sq. ft°. 2. Temporary Wall, window, 2 per use for each 200 sq. ft. for 12 feet May be ground front line of the each lot or illuminated but zone lot designated land only from a area concealed source and shall not remain illuminated between the hours of 11:00 p.m. and 6:00 a.m. 3. Joint tenant and Wall, ground One ground sign 100 sq. ft. per 14 feet Signs maybe project for each public sign face, illuminated identification street or highway provided the size signs abutting the of the sign is project. One wall compatible with sign for each the scale and building design of the elevation with development or exposure to a project public street or highway. 4. Signs for Ground 36 sq. ft. 4 feet If illuminated, commercial uses maximum shall be in residential including both illuminated structures sides provided pursuant to the the signs are definition of compatible with floodlighted building design signs. and materials LAKEWOOD (more in depth table through online code) SIGN STANDARDS BY DISTRICT Office District Building/Tenant Identification Canopy, Wall signs: MAXIMUM SIZE MAXIMUM MAXIMUM PER SIGN HEIGHT NUMBER 50 scl. ft. minimum Located in One per or 15% of total wall signable street area facing street area of wall frontage. on which sign is Additional located, whichever wall signs is greater, provided may be MINIMUM SETBACK Same as required for building no sign exceeds approved by 100 sg. ft. the Director to Utilize maximum sign area Industrial District: MAXIMUM SIZE PER SIGN 50 sq. ft. minimum, or 2 sg. ft. per foot of building frontage on which sign is located. For each permitted sign. 100 sq. ft. or as calculated whichever is less. ENGLEWOOD C. Permitted Sign Types. COMMERCIAL /INDUSTRIAL AREAS 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the face of the marquee, canopy or awning upon which such signs are displayed and shall not project above or below the face of the marquee, canopy or awning, and shall only identify the business by name and/or address. DENVER 1. Architectural entry canopies, defined as permanent structures that are fully supported by the building facade and are constructed of materials other than fabric or vinyl type materials, may incorporate signage for one (1) or more tenants as part of their design, subject to these regulations and committee review. Signage may occur on canopy surfaces which are parallel, perpendicular or at other angles to the building facade to which the canopy is attached. Because canopies are architectural features that may only incidentally incorporate signage, not all the area of the canopy will be counted as sig nage. The volume of the canopy to be calculated as signage will be confirmed by the review committee per the following criteria: LAFAYETTE (ii) Any sign displayed upon a non-vertical face of a canopy or other architectural projection is located within the upper three-fourths of that face. (iii) Except for suspended signs, the face of any such sign is in a plane parallel to the plane of the building wall to which the sign is oriented, and any such sign does not project above or below the face of the canopy, awning or architectural projection. But such signs may project horizontally beyond the face of a canopy or architectural projection the distance necessary to accommodate the letter thickness and required electrical equipment, but not more than a total of twelve (12) inches measured from the bottom of the sign. BOULDER (A) An awning sign may project horizontally beyond the face of a marquee or canopy no more than twelve inches, measured from the bottom of the sign, if necessary to accommodate the letter thickness and required electrical equipment; (B) An awning sign composed entirely of individual opaque alpha-numeric characters twelve inches or less in height may project above the point at which they are attached to the marquee or canopy by no more than the height of the character plus two inches; GOLDEN (i) Limitations Applicable to Awning, Canopy, or Covered Walkway signs. (1) All signs shall be mounted flush with or suspended below the structure of such awning, canopy or covered walkway. No sign shall project from the sides or above such structure, (3) For signs suspended below an awning, canopy, or covered walkway, no single sign shall exceed four square feet per sign face, and the bottom of any such sign shall be a minimum of seven feet six inches above grade. Suspended signs may be double faced. There shall be no more than one suspended sign for each active business or sales tax license issued to the premises. No suspended sign shall be mounted closer than ten feet to another suspended. sign. (4) For signs mounted on the awning, canopy, or covered walkway which are not suspended below such structure, the maximum sign height shall be three feet. City of Wheat Ridge ~F WHEgTP Community Development Department Memorandum ~~ioRPOo TO: Alan, Travis, Jeff FROM: Meredith Reckert SUBJECT: Sign Code Changes DATE: March 5, 2004 Attached are proposed changes to the sign code. Planning Commission discussed the proposed changes at a study session on November 6, 2003, where they made the following recommendations: Business flags should be allowed as originally recommended by staff. In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. On December 15, 2003, City Council discussed the sign code at study session where they made the following recommendations: • That corporate flags not be allowed. • That staff study time limits for temporary signs and return with a recommendation. This case is scheduled for Planning Commission public hearing on April 1, 2004. Although Alan is out of the office next week, I would still like to meet to discuss the changes. The following are the changes listed numerically by page. Animated signs (page 2): The current regulations prohibit animated signs with the exception of "time and temperature" signs and barber shop poles. Barbershop poles should be kept as the only allowed animated sign. "Time and temperature" signs should be included as "Changeable copy" signs and should not be limited to "time and temperature". (Section 26-702). One of the issues brought up by Commissioner McMillan is that there is an increase in "retro" type signs that use animation. Is this something we want to allow? Bulletin boards (page 2): The definition of "bulletin board" has a typo that should be corrected to read Section 26-706.B. • Changeable copy signs (page 2): The provision for "flashing signs" is addressed on page 3 and should be removed from the section addressing "changeable copy signs". t `is ate`` 'tea • Definition of "Development" (page 2): The provision for multi-tenant buildings has been added to the definition of "Development" • Off-premises signs (page 3): The size for off-premises signs has been removed. New language specifies that public information; public and serpi-public signs are not considered off-premises signs. • Revolving signs (page 4): The observation that revolving signs are prohibited has been removed from the definition. Revolving signs are listed as being prohibited in Section 26- 708. • Roof signs (page 4): The observation that roof signs are prohibited has been removed from the definition. Roof signs are listed as being prohibited in Section 26-708. • Unsafe signs (page 5): Unsafe signs have been added to the listing under "Enforcement and Penalties". • Permit required (page 6): This section has been modified to specify that a "to scale" drawing is required with sign permit applications. • Permit required (page 6): Should we modify this section to allow the fee schedule to be amended by Alan? Why should we specify it's filed in the City Clerk's office? Try calling down and asking for the sign permit fee schedule. Do we really want to waive fees for nonconforming signs? To my knowledge, we haven't been doing this. • Flags, banners, etc (page 7): Banners have been removed from the list of exempt signs. A size limitation has been added for flags. Pursuant to City Council consensus, corporate flags are not allowed. • Rooms for rent (page 7): Do we want to keep this provision? It conflicts with the home occupation regulations. • Temporary signs (page 7): Section G. has been modified to exclude temporary banners. • Political campaign signs (pages 7 - 8): This section was modified to note that campaign signs cannot be located in r-o-w. • Informational signs (page 8): This section was modified to specify that company logos on informational signs cannot exceed 1 square foot in size. • Temporary signs (page 8): The citation to the size regulations has been removed. • Public signs (page 8): Public signs have been added to the list of signs exempt from permitting. • Artistic murals (page 8): Artistic murals have been added to the list of signs exempt from permitting. • General Provisions (page 9): Should we be exempting these from permit fees? See page 6. • Prohibited signs (pages 10 and 11): o Subsection C. (page 10) has been modified to add the words "or pedestrian". o Subsection G. (animated signs - page 11) has been modified to be consistent with the changes on page 2 relating to animated and time and temperature signs. o Subsection H. (Structurally unsafe signs - page 11) - Darin suggested we remove specific references to the UBC so we don't have to amend this section upon adoption of the IBC. o Subsection K. (page 11) - This is something we need to discuss as it conflicts with the provision to allow display within 10' of the front of a commercial building. o Subsection L. (page 11) has been modified to add public information, public and semi-public signs. o Subsection N. (off premises signs - page 11) has been modified to except public information, public and semi-public signs. o Subsection O. (home occupation signs - page 11) has been added which prohibits home occupation signs. o Subsection P. (signs with white backgrounds - page 11) has been added in deference to Commissioner McMillan. • Permitted signs (pages 11 -18) o Subsection A. (Animated signs - page 11) has been modified to be consistent with changes in the definitions section. McMillan's animated signs issue? o Subsection B. (Arcade signs - page 12) has been modified to allow arcade signs to extend into right-of-way with an approved right-of-way permit. This would be applicable to buildings with neo-traditional designs, which are built very close to the front property line. o Subsection C. (Changeable copy signs - page 12) has been added to address changeable copy signs and specify that they are allowed for commercial, industrial and semi-public uses only. o Subsection D. (Freestanding - Residential districts - pages 12) has been amended to include the A-2 zone district. Freestanding sign height in residential zones should be 15', not 25'. o Subsection E. (Freestanding - Non-residential districts - pages 12 - 14) E.2.a: Should we keep the master sign plan provision? E.2.b: A provision has been added that where multiple signs are allowed, each sign is entitled to the maximum square footage for each sign. E.2.b: A provision has been added that where multiple signs are allowed due to multiple street frontages, the signs can be on the same street frontage. EA.:. A provision has been added requiring all new signs to be placed in landscaped areas. E.S.: A provision has been added limiting sign area to be computed using only the building footprint. E.S.: A provision has been added disallowing canopy space to be used toward maximum sign area. o Subsection G. (Portable signs - pages 14 - 15) has been amended to reduce the setback from 10' to 5' for signs over 36" in height. Signs 36" and lower can have a 2' setback. Placement of a portable sign cannot create a sight distance hazard or block a public sidewalk. o Subsection H. (Projecting signs - page 15) has been amended to have a minimum height and to allow projection into the right-of-way. Each business within a building can have a projecting sign. o Subsection L. (Semi public - page 16) has been amended to allow approval by the Community Development Director. o Subsection M. (Temporary signs - pages 16-18) after much consideration, I am recommending that banners be subject to the same restrictions as pennants and streamers. So to make that happen, please consider the following changes: Banners are permitted for up to 30 days per year or twice for 15 days each. Banners must be placed appurtenant to street frontage. A permit is required for erection of banners. o Subsection N. (Wall signs - page 18) The issue up for consideration is the definition of "major interior drive". We have many locations where major interior drives do not connect two dedicated public streets (i.e., Applewood Shopping Center). Should we consider modifying our definition by striking the words italicized? Section 26-711. Billboards (pages 19 - 20) Section E. Permitting - This section has been added to clarify our procedure for permitting. A billboard can remain on the property until the lease with the property owner expires. ARTICLE VII. SIGN CODE Sec. 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; 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. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Additional regulations may apply within the Architectural Overlay District. Consult Architectural Design Manual for specific supplementary regulations. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or product. A company, firm, association, society, etc., logo is not considered within the scope of this definition and is considered a sign. 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. 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. Bulletin board. A sign which announces meeting times or special events of public interest such as a church service, civic meeting or similar event. (See section 7 9 j 26-706:5.) 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 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 everv fifteen (15) seconds-: 0. ems"ri-io, _ _ 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 Arid multi to ►aa€ buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. 2 Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of 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: (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 or the entire building facade upon which the sign is displayed, the source of 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. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. 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 forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off-premises sign. Any sign;" 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 located Rubhe rnforiafop 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. Public information sign. A sign giving only information about public places owned and operated by federal, state or local government. Added nndersgns.ezempt from permitting: Public sign. An official sign that is required by law or ordinance or is necessary for public information. Added cutler signs; ezempt_froin perrruttu g; Revolving sign. A sign utilizing an axis point to pivot the sign surface. lvirg Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. k4ei - , . Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Addedundex signs exempf:from'geri►utt'ing Sign. Any object or 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 to 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 or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 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. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-703. Enforcement and penalties. 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 section 26-708. B. Unlawful "temporary" or "portable" signs. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-704. Contractor's license required. 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.) (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-705. Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed 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. B. An application, accompanied by a 144' care" drawing, for each separate sign permit shall be made to the department of community development on a form supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such proposed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A °`toscale7 plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) 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: A. Flags (city, state, national only), placards, Ngfmefs badges, insignias or similar devices of any governmental agency or civic, charitable, religious, patriotic, political, fraternal or similar nonprofit organization, when located on their own premises or displayed along any march or parade route or in sockets along any street during a fund- raising drive or other similar special event. Any such devices to be placed within public right-of-way may only be approved by city council. Flagpoles must meet setback requirements of the zone district in which they are constructed and must not exceed a height of thirty-five (35) feet. Flags cauiiot:exceed35 square-feet< ii size.. B. A bulletin board erected by any governmental, fraternal, civic, religious or service organization or club for the purpose of announcing its presence and the time and place of its regular meetings or special events. C. Signs required by regulation or statute of the federal, state or municipal government. D. Real estate signs erected for the advertising of the prospective sale or rental of property on which it is maintained, when in conformance to this article. 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 thirty-two (32) square feet and is no higher than eight (8) feet. G. Temporary signs attached to door or window areas announcing special sales and features for a period of two (2) weeks in advance and during such special sales and features; provided, that the signs do not exceed fifty (50) percent of the window area. This does not uic"Iuie ~emporarybanuers: H. A sign located inside of a building, even if it is visible from outdoors; provided, that such sign does not obstruct more than fifty (50) percent of the window area and that those signs which advertise temporary uses such as rummage sales, garage sales, open houses are located on private property. 1. Political campaign signs and temporary produce sales signs may be located on private property only by permission of the landowner, and shall not exceed eight (8) 7 square feet in size if located in residentially zoned areas or sixteen (16) square feet in all other areas. Political"signs cannotbe-located:in'"the pnbXc`rightof vay J. House or building address number signs. K. Informational signs which are accessory to the primary use (i.e., "restrooms," "no smoking," "wheel chair entrance," etc.), or directional (i.e., "in," "but," "ramp," "drive-thru," etc.) are exempt from a sign permit subject to the following standards: Size shall not exceed four (4) square feet 2. May be wall-mounted, freestanding or attached to other freestanding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign; May be illuminated by internal lighting only, if freestanding type; and 4. If freestanding, shall not exceed thirty-six (36) inches in height if within a required sight distance triangle, or forty-eight (48) inches where outside of a sight distance triangle. M. Temporary decorations or displays when such are clearly associated with any national, local or religious holiday or celebration. N. Historic plaques, cornerstones and the like, erected by the city or historical agencies designating an area of local historical importance; provided that such plaque or cornerstone does not exceed three (3) square feet in size; provided that such designations are in accordance with article IX. 0. Signs located on a bus stop shelter for which a permit has been issued pursuant to Code of Laws section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. Q., PubIc,infortnationsigus,puttlic,signsandsemi-puiohcsigos (Ord. No. 2001-1215, § 1, 2-26-01) See. 26-707. General provisions. A. Nonconforming signs. The lawful use of a sign existing at the effective date of the ordinance from which this article is derived may be continued, although such use does not conform to the provisions of this article, subject to the following provisions: 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. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 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 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 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 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 business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. C. Removal or reconstruction of dangerous signs. All signs which are prohibited below 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. D. 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 lot for which they advertise. E. Attachment to public structures. 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. F. Conformance to building code. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the Uniform Building and Electrical Code requirements. (Ord. No. 2001-1215, § 1, 2-26-01) See. 26-708. Prohibited signs. The following signs are prohibited: 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 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. C. Any sign that is erected in such a location as to interfere with motor vehicle or Peat strian"traffic; D. Any sign employing a lighting or control mechanism which causes radio, radar or television interference. E. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or any sign so placed as to interfere with any opening required for light or ventilation. F. Flashing signs and searchlights. 10 Roof signs. J. Wheeled advertising devices, except for currently licensed, operative vehicles which are primarily used by its owner for service, delivery or general transportation on a regular basis. K. Any merchandise displaced outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. This ConfliC- igith the abziixy-fo display within 10' of the. structure: L. Any sign which is in the public right-of-way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 21, nnd.pblrc uifbmation public and semi-pubhe signs:: 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, semi,-public, signs:. 0: Rome occupation signs; (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-709. Permitted signs; specifications and regulations. 11 B. Arcade. Nonresidential uses only. 2. Maximum height, bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is attached. Minimum height, seven (7) feet above grade. 4. Maximum one (1) per building entrance for nonresidential uses. Maximum area, four (4) square feet for nonresidential uses. 6. 'CAR ektehain C. Change4hie copysign 1: Commerc►al; industrial and semi=puhire=uses,only C. D Freestanding--Residential districts. Permitted only for nonresidential, nonagricultural and multiple-family uses. 2. Maximum sign area is two (2) square feet for each one thousand (1,000) square feet of lot area, with a maximum of thirty-two (32) square feet per sign. Maximum of one (1) per street frontage. 4. Maximum height in R-1, R-IA, R-113, R-1C, R-2, R-2A, dastricEs, six (6) feet. 5. Maximum height in R-3, R-3A, and PRD districts, without commercial uses, twelve (12) feet. 6. Maximum height in PRD District, with commercial uses and for commercial uses onl - Must be set back a minimum of ten (10) feet from any property line. 12 8. May be illuminated. I3:E Freestanding--Nonresidential districts. 1. Maximum height: Fifteen (15) feet; provided, that signs for retail and service businesses within one-quarter ( 1/4) mile of an interstate highway, that are oriented to the interstate highway, are permitted one (1) freestanding sign up to fifty (50) feet high. Any other permitted freestanding sign shall not exceed fifteen (15) feet in height. Maximum number of signs per development: a. One (1) per street frontaVe, not to exceed two b. Where two (2) freestandine signs are permitted by virtue of multiple street the ba sed on,the,formu~as shoFVn ln_ e Sction 5 In addifron footage allowed. sign area allowed may be transferred from one (1) sign to another; provided, that such transfer does not allow the larger sign to exceed one hundred fifty (150) percent of the maximum area allowed based upon building area. If the sign area is transferred from one (1) allowable sign to another, only the larger sign shall be allowed and the second sign shall not be permitted. Sign setback requirements: a. From adjacent properties: Ten (10) feet where adjacent to residential-zoned properties; no setback in all other cases with other than residential (including PRD) zoning. Where a sign exists on an adjacent property and that sign is within twenty (20) feet of the proposed location of a new sign on the adjacent property, an offset, either vertical or horizontal, shall be required such that the existing sign is not visually blocked by the new sign. b. From street right-of-way: Five (5) feet for signs under seven (7) feet high, ten (10) feet for signs seven (7) to twenty-five (25) feet high, and thirty (30) feet for signs over twenty-five (25) feet high. (See section 26-603.) 4. Maximum sign area: Based upon the following table: 13 Maximum Sign Area (Square Feet s.f TABLE INSET: Floor area of Building Single Use Development Multiple Use Development 0--1,500 s.f. 35 s.f. 60 s.f. 1,500--5,000 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor area over 1,501. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. 5,000--50,000 s.f. 100 s. f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001. 150 s.f. plus 1 s.f per each 300 s.f. of floor area over 5,001. Over 50,000 s.f. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s. f. Illuminated 1. Within one hundred (100) feet of a residential structure, indirect or internal lighting only. 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 vision on public or private roadways, including highways. Fz. G Portable. 1. A-frame or pedestal style only. 2. Maximum area: Six (6) square feet. 14 5. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. 6. Must only be displayed during normal hours of operation. 7. &-A Projecting. Maximum height: Top of wall or parapet; not to be roof-mounted. 2. Mini mumlieight: seven:(7),feet-aboue grade. Maximum nroiection: Ten (1 3r. '4: 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. 4. Projecting and wall sign not permissible on same wall. Maximum number: One (1) per street frontage peir~buSmes. I Public. Direction and other official signs or notices within the right-of-way that are required or authorized by law only. k.- J Public information. With the approval of the director of community development. K Residential subdivision signs. Permanent identification signs: a. One (1) for each street frontage; b. Not to exceed twenty (20) square feet in area or six (6) feet in height; 15 3. One (1) per street frontage, but no more than two (2) per development. 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. 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. 2. Temporary model home signs: a. One (1) per model home; b. Not to exceed twelve (12) square feet each and not over six (6) feet in height if a freestanding type; and c. Must be set back from property lines a minimum of ten (10) feet. JCL'-,L. Semipublic. 1. Maximum area: Six (6) square feet per sign. 2. Maximum number: Two (2) per activity. 4. May be located within public right-of-way if approved by either the city public works director, if a city street, and by an appropriate 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 Temporary. 1. Temporary signs are prohibited upon public rights-of-way and must comply with sight distance triangle requirements of section 26-603. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. Temporary signs found by an enforcement officer to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 16 2. Construction signs shall not exceed thirty-two (32) square feet and eight (8) feet in height. One (1) per street frontage allowed between the time a building permit is issued and a certificate of occupancy is obtained. 3. For sale or lease signs shall not be illuminated and shall be no larger than nine (9) square feet for one- and two-family dwelling residential uses and no larger than fifty (50) square feet for all other uses. One (1) per street frontage allowed. s b May be placed upon a building wall or roof or a fence but shall not be attached to landscaping, freestanding posts or utility poles. S'auner57n'a,6e placeF b,c The total size allowed for any single banner or total combination of 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 if it was attached to the nearest adjacent building wall having street frontage. e. d Any banner that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. 5. Pennants, streamers and similar devices, and balloons or other inflatable devices, shall be permitted upon nomesidentially zoned or used properties only, subject to the following provisions: 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 dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. Roof mounting is permitted. 17 d. Notwithstanding any provisions of this article to the contrary, signs regulated pursuant to this subsection shall be required to obtain a temporary sign permit. M-. N. Wall or painted. 1. 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 attached or detached canopies and 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. 2. Each ground floor tenant or use shall have the right of wall signage upon any wall which fronts upon a public street, or if not fronting upon a public street, upon any wall which fronts upon a major interior drive whteh°cnnrieets two,.(4public streets or. provides dccess'to'tkuo(2) n more pm,,eels;df I hd.- For uses which have a rear entry or delivery door, one (1) nonilluminated wall sign per use, not to exceed ten (10) square feet, is permitted. 3. For buildings with flat roofs, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet or 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 of the wall and may not extend beyond the side of the wall. 5. Commercial, industrial, multiple-family, public and semipublic uses only. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) See. 26-710. Master sign plan. A. The planning commission may approve a master sign plan for planned developments of any size and for any existing or proposed business center or office complex of at least two (2) acres or more in size which are under unified control either by ownership, legal association or leasehold. B. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans up to a one hundred (100) percent increase in the number of signs and/or fifty (50) percent increase in maximum square footage, and/or may permit signs in locations other than normally permitted, based 18 upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. C. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Approval procedures under this provision shall be subject to those requirements for a special use, as set forth in this chapter, section 26- 114. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-711. Billboards; specifications and regulations. A. General provisions. 1. 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. GRAPHIC LINK: Official Billboard Zoning Map 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, 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. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. 19 B. B-1 district. On and after January 1, 1996, billboards are prohibited in the 13- 1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B-1 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. 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 other billboard facing in the same direction on the same roadway as defined by roadway name or number. 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. D. ! Permitfiug (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) 20 1; ; All"requests for, new,billboard-signs ahall:be acc_ompamedby CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building December 15, 2003 7:00 p.m. The Study Session was called to order by Mayor Cerveny at 7:04 p.m. Council members present: Karen Berry, Dean Gokey, Wanda Sang, Karen-Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pam Anderson; City Manager, Randy Young; Police Chief Jack Hurst; Administrative Services Director, Patrick Goff; Director of Community Development, Alan White; Assistant to the City Manager, Barbara Delgadillo, and interested citizens. APPROVAL OF MINUTES OF NOVEMBER 17, 2003 Motion by Mr. Gokey to approve the Minutes of November 17, 2003; seconded by Mr. Schulz; carried 7-0. APPROVAL OF AGENDA Motion by Mrs. Sang to approve the Agenda as printed; seconded by Mr. Gokey; carried 7-0. Item 1. Staff Reports. Mr. Young explained why there is a staff report section for the Study Session. It will be a quick update with guidance for policy direction. A. Urban Area Security Initiative Grant. The staff report was presented by Chief Jack Hurst. He gave an overview of the awarding of the grant, and summarized his memorandum to Council. He described the need for improvements to the radio system and the pros and cons related to acceptance of the grant. Chief Hurst recommended that Council pursues the grant process, and said that he will be bringing a document to Council at the first available meeting that will enter the City into the grant process. Mr. Gokey asked what the cost and long-term obligation will be in entering into the process. Chief Hurst explained the obligations that exist once grant money is accepted. 2 He said that there is no commitment until the grant money is accepted. Chief Hurst anticipated the lifespan of the radio system to be approximately 10 years. Mrs. Adams asked Chief Hurst to prioritize the negatives that he described in his memorandum. Chief Hurst said his largest concern was slow maintenance turnaround times. He felt that the training required by the federal government would incur backfill personnel costs. B. Community Development Issues (Comprehensive Plans and Proposed Code Amendments). The staff report was delivered by Alan White. Mr. White has concerns regarding the Comprehensive Plan and where the applicable boundaries lie. There is a state requirement that the Comprehensive Plan boundaries extend beyond the municipal boundaries up to three miles before you may annex property. In the past, the City has adopted the County Comprehensive Plan. It leaves recommended land use and policies in the County's hands. Mr. White stated the second issue is a regional issue. A discussion followed of Metrovision 2030, and the adoption of the principles of this regional plan in the local Comprehensive Plan. The Mile High Compact allows for submitted projects for regional Transportation Improvement Plans to receive points for transportation projects involving municipalities that have signed the Mile High Compact. Mr. White said the City is missing out on points by not having signed the Mile High Compact. Ms. Berry asked whether Community Development had considered the south-west boundaries for expanding the Comprehensive Plan. Mr. White stated that he had not previously looked at that, but it certainly could be a possibility. Ms Berry asked for consensus to pursue a Comprehensive Plan amendment to look at an urban growth area to the west of 1-70 and to the south west for a potential amendment to the Comprehensive Plan and subsequent submissions to DRCOG, ultimately bringing the Mile High Compact before Council for consideration; Consensus was 6 to 1 with Mr. Gokey opposed. Mr. Gokey stated that he did not support the Wadsworth Corridor Plan, and will not in the future. He described his traffic management concerns for Wadsworth, and his belief that the plan was insufficient. Mr. Young said that this move would focus on economic development opportunities, not on the Wadsworth Corridor Plan. Mr. White explained the considered recommendation to initiate amendments to Chapter 26, particularly the sign code. The changes would include the allowance of corporate 3 flags, a time limitation for temporary signs, and options for the regulation of lights and lighted signs. Mr. White requested policy direction regarding these three issues. Mrs. Sang asked for a consensus that the City does not pursue an ordinance regarding a sign code allowing corporate flags; Consensus was 6 to 1 with Ms. Berry voting no. Mr. White recommended that there be a time limit established for temporary signs in the Municipal Code. Mrs. Sang asked for a consensus to establish an ordinance change for a time limit of 60 days; Consensus failed 2 to 5 with Mrs. Sang and Mr. Gokey voting yes. Mrs. Sang and Mr. Gokey did not feel that 30 days was sufficient time. Mrs. Adams asked for a consensus requesting staff and the Planning Commission to study time limits for temporary signs and return with a recommendation to Council; Consensus was 6 to 1 with Mrs. Sang opposed. Ms. Berry asked for a consensus to emphasize the role of the Planning Commission as laid out in the City Charter to bring specific recommendations with the. assistance of staff to Council; Consensus is 7 to 0. C. Citizen Surveys. The staff report was delivered by Patrick Goff. He delivered an update on a few projects. The citizen survey project is the standard for most municipalities and useful in gauging citizen desires and needs. Mr. Goff described the company that will do the survey and general methods of the survey: 1500 random sample mail-in survey. Mr. Goff passed out a handout of the project timeline and description of the National Research Center. Council will see a final draft of the survey before it is distributed. Mrs. Adams asked if this was a budgeted item. Mr. Goff responded that it was budgeted for 2004. Mr. Goff expanded on the reasons to pursue a professional survey rather than an in-house simple survey. The survey will be 5 pages including a page for demographics. Mr. Young reminded Council of Mr. DiTullio's motion at the last study session, and described how this survey addresses his motion to look at various issues. Mrs. Adams asked for a consensus for Council support for this survey; Consensus was 6 to 1 with Mr. Gokey voting no. Ms. Berry asked for a subset of questions to focus on senior issues. Mr. Young said that the feasibility study for the needs of a senior center is a separate, more detailed i City of Wheat Ridge of WHEgT a Community Development Department ~ m Memorandum cOG pRP~~ TO: Alan White FROM: 14eredith Reckert SUBJECT: November 6, 2003, Planning Commission DATE: November 28, 2003 At the November 6, 2003 Planning Commission meeting, I discussed the following study session items with the Commission. Proposed changes to the sign code: • Business flags should be allowed as recommended by staff. In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. A consensus was made requesting staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination, intensity of illumination and minimizing the effect of signs with white backgrounds. Neighborhood Commercial Uses: • Newsstands be removed from the category of bookstores, newsstands, stationery and card stores (special use) as they are listed separately as a permitted use. • Banks, medical and dental clinics and nonresidential counseling clinics be added to the list of special uses. • Tailoring, dressmaking and clothing alterations businesses be made permitted uses. • Paint and wallpaper stores should not be permitted as special uses. Please advise me how to proceed with the necessary zoning code amendments. City of Wheat Ridge DoE WHEgTP Community Development Department Memorandum OR TO: Planning Commission FROM: Meredith Reckert SUBJECT: Sign Code Revisions DATE: October 30, 2003 The Community Development staff is in the process of evaluating changes to the existing sign code. The sign regulations were modified when the zoning code was rewritten in February of 2001. The most significant changes were to the allowed advertising signage for commercial businesses. Relative to wall signs, the old code allowed two square feet of signage for every linear foot of wall space to which the sign was attached. The existing regulations allow only one square foot per linear foot of wall space. Another significant change was the reduction of the allowed freestanding sign height from 25' to 15'. There was no amortization clause included in the legislation so non- conforming signs can remain until they are removed or physically modified. New signs must conform to the current regulations. It is staff's recommendation that these standards not be modified. Initially, the changes being considered were to modify the existing regulations pertaining to flags and banners. However, there are changes required in other areas as well. PROPOSED SIGN CODE AMENDMENTS: FLAGS (Section 26-706 A.) The existing code of laws recognizes only city, state and national flags as being allowed. They are exempt from permitting requirements. There are no number or size restrictions for flags but the flagpole on which they are mounted cannot exceed 35' of height. It is specified in the sign regulations, that flagpoles meet the setbacks of the zoning district. Other cities categorize flags as exempt from permitting; but there doesn't appear to be a "standard" across the metropolitan area for size or number. Staff's recommendation is to allow in commercial and industrial zones, one flag in addition to the city, state and national flag. The business flag would be allowed on a separate pole (limited to 35' in height) and may bear a copyrighted insignia or symbol of the user of the primary permitted use. Maximum flag size should be 35 square feet. BANNERS/TEMPORARY SIGNS (Section 26-706 A. and 26-709 L.) The sign code allows banners for temporary events with no maximum time allowance. Pennants, streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed, but there is no time limit specified for these types of signs. Staff's original recommendation was to make the provisions for banners the same as for pennants (30 days per year in one or two events). The allowable banner size would be consistent with the wall signage formula (one square feet of banner for every linear foot of wall length). Permits would be required for the erection of both banners and pennants. To solicit input regarding the changes, staff distributed 1700 flyers to all businesses in the community. Exhibit 1 is the flyer that was sent with the proposed changes, as well as an explanation of the current regulations. Many business owners commented that banners are an inexpensive way to advertise special events or to be used as signage for their business. An alternative to staff's original recommendation would be to allow each business one banner per street frontage with no time limitation. This would give the business owner flexibility as to how the banner would be used and would be much easier for staff to administer without the need for an elaborate tracking system. OTHER MISCELLANEOUS CHANGES • Animated signs are prohibited with the exception of "time and temperature" signs and barber shop poles. Barber shop poles should be kept as the only allowed animated sign. "Time and temperature" signs should be included as "Changeable copy" signs and should not be limited to "time and temperature". (Section 26-702) • The definition of "bulletin board" has a typo that should be corrected to read Section 26- 710C. (Section 26-702) • "Unsafe signs" should be added to the listing under "Enforcement and Penalties". (Section 26-703) • It should be noted that campaign signs cannot be located in the public right-of-way. (Section 26-706) • Public signs and artistic murals should be listed as being exempted from permitting. (Section 26-706) • Signs advertising home occupations should be added to the list of prohibited signs. (Section 26-708) • It should be added that off-premises signs are prohibited with the exception of public, public information and semi-public signs. (Section 26-706 and Section 26-709 H., 1. and K.) • Freestanding signs in residential districts should be amended to include the A-2 zone district (Section 26-709 C.) • The specifications for arcade and projecting signs should be amended to allow extension into street right-of-way with approval of a right-of-way permit. This would be applicable to buildings with neo-traditional designs, which are built very close to the front property line. (Section 26-709 A. and G.) • Maximum sign height in PRD zone districts should be limited to 15' instead of 25' as currently allowed. (Section 26-709 C.) • It should be clarified that on corner lots, each freestanding sign is allowed the maximum square footage. On corner lots, both allowed signs can be located on one street. (Section 26- 709 D.) Gas station canopies and drive-through canopies should not be counted towards a building's floor area when computing maximum sign area allowed. The computation for allowable sign area should be limited to the building footprint, not the gross floor area of the building. (Section 26-709 D.) • Signage on gas station canopies needs to be addressed - Are they wall signs? How is the allowable square footage computed? (Section 26-709 M.) ammu City of Wheat Ridge Community Development Department Memorandum TO: City Affairs Committee FROM: Alan White, Community Development Director SUBJECT: Sign Code DATE: May 12, 2003 P At its March meeting, the City Affairs Committee requested that staff come back to the Committee with a plan of action for issues dealing with the sign code. There are two issues: 1. Amending the code to allow corporate flags and to establish a time limit for temporary signs 2. Establishing an "education program" to educate business owners as to what is permitted under the sign code and alerting them to an upcoming enforcement program. Sign Code Amendments The sign code amendments will need to be put in ordinance form. Adoption will require a hearing in front of Planning Commission and two readings in front of City Council. Issues dealing with corporate flags are: 1) How many will be allowed? 2) How big can they be? The existing code of laws recognizes only city, state and national flags as being allowed. They are exempt from permitting requirements. There are no number or size restrictions for flags but the flagpole on which they are mounted cannot exceed 35' of height. It is specified in the sign regulations, that flagpoles meet the setbacks of the zoning district. Staff's recommendation is to allow in commercial and industrial zones, one flag in addition to the city, state and national flag. The business flag would be allowed on a separate pole (limited to 35' in height) and may bear a copyrighted insignia or symbol of the user of the primary permitted use. Maximum size should be 35 square feet. Issues dealing with temporary signs are: 1) How long should they be allowed? 2) Under what circumstances should they be allowed? The sign code allows banners for temporary events with no maximum time allowance. Pennants, streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed, but there is no time limit specified for these types of signs. Staffs recommendation is to make the provisions for banners the same as for pennants (30 days per year in one or two events). The allowable banner size would be consistent with the wall signage formula (one square feet of banner for every linear foot of wall length). The erection of both banners and pennants should require sign permits with a fee charged (removed from the "exempt" section). By doing this, we could track the frequency and duration of these temporary signs, which we can't now because no permit is required. Some revenue would be generated for the permit tracking and enforcement, if necessary. The sign regulations were modified when the zoning code was rewritten in February of 2001. The most significant changes were to decrease the allowed wall signage and decrease the allowed height for freestanding signs. It is staff s recommendation that these standards not be modified. Education Program Staff has prepared an insert to the quarterly newsletter that illustrates what types and sizes of signs are permitted. It includes a summary of the regulations and diagrams explaining what can be done with freestanding, wall, window, temporary, and A-frame signs. There are also sections illustrating what types of signs are prohibited and what signs do not require a permit. The insert will also inform businesses of the upcoming sign code amendment proposals and ask for their comments and suggestions. The insert will include a notice about the enforcement program to begin this summer. Staff felt the business community should be given 60-90 days advance notice of enforcement. The insert will be reproduced on the website and Channel 8. It will also be distributed to sign permit applicants and sign companies as permits are requested in the Department. City of Wheat Ridge of WHEAT a Community Development Department _ U m Memorandum ~o~oRAOp TO: Community Affairs Committee FROM: Meredith Reckert SUBJECT: Proposed sign code changes DATE: May 12, 2003 PROCESS The Community Development staff is in the process of evaluating changes to the existing sign code. Initially, the changes being considered would be to modify the existing regulations pertaining to flags and banners. There may be other changes initiated as we move through the process. The sign regulations were modified when the zoning code was rewritten in February of 2001. The most significant changes were to the allowed advertising signage for commercial businesses. Relative to wall signs, the old code allowed two square feet of signage for every linear foot of wall space to which the sign was attached. The existing regulations allow only one square foot per linear foot of wall space. Another significant change was the reduction of the allowed freestanding sign height from 25' to 15'. There was no amortization clause included in the legislation so non-conforming signs can remain until they are removed or physically modified. New signs must conform to the current regulations. It is staff's recommendation that these standards not be modified. In regard to education, Staff is preparing an informational flyer to be included in the city newsletter, which will be mailed to all of the businesses in the city. This flyer will explain what is allowed for commercial signage (IE, freestanding signs and wall signs) and what the proposed changes may encompass. Subsequent to distribution of the newsletter, a workshop will be scheduled for business owners to attend to discuss the existing sign code and proposed changes. All of the business owners in the city will be notified of the workshop by mail. A follow-up meeting will be held to inform the business community of staff's findings. They would also be informed that staff, at some point, would initiate an inspection and enforcement program for non-conforming signs. All proposed changes to the sign code would have to be formalized as zoning ordinance amendments requiring public hearings in front of Planning Commission and City Council. Once this has been completed, the enforcement would begin. The type of sign code changes that occur will dictate the extent of the enforcement efforts. There have been suggestions for creation of a task force, which would include staff, industry representatives and local business owners. I'm not sure this would be the most efficient way to go. PROPOSED SIGN CODE AMENDMENTS: FLAGS The existing code of laws recognizes only city, state and national flags as being allowed. They are exempt from permitting requirements. There are no number or size restrictions for flags but the flagpole on which they are mounted cannot exceed 35' of height. It is specified in the sign regulations, that flagpoles meet the setbacks of the zoning district. Other cities categorize flags as exempt from permitting; but there doesn't appear to be a "standard" across the metropolitan area for size or number. The following are the regulations from cities in the area: • Arvada: Allows one flag in addition to state and national flags. Maximum height of flagpole is 55'. Pole must meet setbacks for the particular zone district. Maximum size of flag can't exceed 300 square feet. • Aurora: Flagpole can't exceed 35' and must meet setbacks. Maximum of six flags per property with total area of 360 square feet. • Denver: Does not allow flags that represent goods, services, brands or business and business names. Size limitation is 32 SF. • Englewood: Flags can't exceed 35 square feet in size. • Golden: Allows state and national flags only. • Lakewood: Allows state and national flags only. Maximum height of flagpoles is 35'. • Littleton: Allows commercial flags when flown with a state or national flag. Commercial flags may bear a copyrighted insignia or symbol of the user of the primary permitted use. Must be on a separate pole. Size cannot exceed the individual sizes of the national and state flag, which are flown adjacent thereto. • Westminster: One flag, pennant or insignia allowed per property not to exceed 35' pole with 60 square feet of flag. Flags are not addressed in the uniform sign code. My recommendation is to allow in commercial and industrial zones, one flag in addition to the city, state and national flag. The business flag would be allowed on a separate pole (limited to 35' in height) and may bear a copyrighted insignia or symbol of the user of the primary permitted use. I'm not sure what maximum size should be allowed but we can discuss this. BANNERS/TEMPORARY SIGNS The sign code allows banners for temporary events with no maximum time allowance. Pennants, streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed, but there is no time limit specified for these types of signs. The following are the regulations from cities in the area: • Arvada: No time limit. 40 square feet maximum. Permit not required. • Aurora: Allowed for 60 days per year (not to exceed 15 days per event). 200 square feet maximum. Permit required. • Brighton: Allowed for 180 days per year. 100 square feet max. Permit required. • Commerce City: Allowed for 45 days per year in four events. No size maximum. Permit required. • Denver: Allowed for 60 days per year. Maximum of 64 square feet. Permit required. • Lakewood: Allowed for 90 days per year. Maximum of 40 square feet. Permit required. • Littleton: Allowed for 60 days per year in two events. No size maximum. Permit required. • Longmont: Allowed for 60 days per year. Maximum 32 square feet. Permit required. • Louisville: Allowed for 30 days per year. No size limitation. Permit required. • Westminster: allowed for 60 days per year. Maximum 40 square feet. Permit required. The Uniform Sign Code recommends that temporary signs not exceed 100 square feet in size and that they be allowed for a maximum period of 60 days per year. There are also specific requirements for wind resistance and attachment. My recommendation is to make the provisions for banners the same as for pennants (30 days per year in one or two events). The allowable banner size would be consistent with the wall signage formula (one square feet of banner for every linear foot of wall length). The erection of both banners and pennants should require sign permits with a fee charged (removed from the "exempt" section). By doing this, we could track the frequency and duration of these temporary signs, which we can't now because no permit is required. Some revenue would be generated for the permit tracking and enforcement, if necessary City of Wheat Riage of WHEgrP Community Development Department ° v m Memorandum CQ~QRp~O TO: Alan White FROM: Meredith Reckert SUBJECT: Flags and Banners DATE: April 4, 2003 Attached is the result of the research that was done on the issue of banners and flags. I'm not sure how much of this you want to give to the City Affairs Committee. Feel free to modify, cut and paste, etc. It is saved on the shared drive in my directory as "flags'nbanners". When I get back, I can put it into a table format for easier reading. I spoke with Barb who indicated that you and she have had discussions regarding the process. She also indicated that this item could be postponed from the April 21 meeting. Barb is out of the office the week of April 7 -11. PROCESS The Planning staff believes it would be appropriate to initiate an education process with the business owners in the community regarding signs. Using Dema's data base, the business owners would be informed through a mailing of what types and sizes of signs are allowed and what the proposed changes to the code would encompass. They would also be informed that staff, at some point, will initiate an inspection and enforcement program for non-conforming signs. There have been suggestions for creation of a task force which would include staff, industry representatives and local business owners. At a minimum, there should be some type of workshop to solicit public input prior to the public hearing process. PROPOSED SIGN CODE AMENDMENTS: FLAGS The existing code of laws recognizes only city, state and national flags as being allowed. They are exempt from permitting requirements. There are no number or size restrictions for flags but the flagpole on which they are mounted cannot exceed 35' of height. Although not specified in the sign regs, it is policy that flagpoles meet the setbacks of the zoning district. Other cities categorize flags as exempt from permitting; but there doesn't appear to be a "standard" across the metropolitan area for size or number. The following are the regulations from cities in the area: • Arvada: Allows one flag in addition to state and national flags. Maximum height of flagpole is 55'. Pole must meet setbacks for the particular zone district. Maximum size of flag can't exceed 300 sf. • Aurora: Flagpole can't exceed 35' and must meet setbacks. Maximum of six flags per property with total area of 360 sf. • Denver: Does not allow flags that represent goods, services, brands or business and business names. Size limitation is 32 SF. • Englewood: Flags can't exceed 35 sf in size. • Golden: Allows state and national flags only. • Lakewood: Allows state and national flags only. Maximum height of flagpoles is 35'. • Littleton: Allows commercial flags when flown with a state or national flag. Commercial flags may bear a copyrighted insignia or symbol of the user of the primary permitted use. Must be on a separate pole. Size cannot exceed the individual sizes of the national and state flag, which are flown adjacent thereto. • Westminster: One flag, pennant or insignia allowed per property not to exceed 35' pole with 60 sf flag. Flags are not addressed in the uniform sign code. My recommendation is to allow in commercial and industrial zones, one flag in addition to the city, state and national flag. The business flag would be allowed on a separate pole (limited to 35' in height) and may bear a copyrighted insignia or symbol of the user of the primary permitted use. I'm not sure what maximum size should be allowed but we can discuss this. BANNERS/TEMPORARY SIGNS The sign code allows banners for temporary events with no maximum time allowance. Pennants, streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed, but there is no time limit specified for these types of signs. The following are the regulations from cities in the area: • Arvada: No time limit. 40 sf maximum. Permit not required. • Aurora: Allowed for 60 days per year (not to exceed 15 days per event). 200 sf maximum. Permit required. • Brighton: Allowed for 180 days per year. 100 sf max. Permit required. • Commerce City: Allowed for 45 days per year in four events. No size maximum. Permit required. • Denver: Allowed for 60 days per year. Maximum of 64 sf. Permit required. • Lakewood: Allowed for 90 days per year. Maximum of 40 sf. Permit required. • Littleton: Allowed for 60 days per year in two events. No size maximum. Permit required. • Longmont: Allowed for 60 days per year. Maximum 32 sf. Permit required. • Louisville: Allowed for 30 days per year. No size limitation. Permit required. • Westminster: allowed for 60 days per year. Maximum 40 sf. Permit required. The Uniform Sign Code recommends that temporary signs nOL exceed 100 square feet in size and that they be allowed for a maximum period of 60 days per year. There are also specific requirements for wind resistance and attachment. My recommendation is to make the provisions for banners the same as for pennants (30 days per year in one or two events). The allowable banner size would be consistent with the wall signage formula (one sf of banner for every linear foot of wall length). The erection of both banners and pennants should require sign permits with a fee charged (removed from the "exempt" section). By doing this, we could track the frequency and duration of these temporary signs, which we can't now because no permit is required. Some revenue would be generated for the permit tracking and enforcement, if necessary City of Wheat Ridge of ""EqT Community Development Department Memorandum ORP00 TO: P&Z Staff FROM: Alan White, Community Development Director SUBJECT: Sign Code Amendments DATE: March 24, 2003 The City Affairs Committee * recommended action on a couple of sign code issues on March 17`h. These were: 1. Prepare an amendment to the code to allow company flags as a permitted sign. 2. Amend the code to establish a time restriction for banners. (Recall that there currently is no time limit in the code.) Prior to taking these amendments forward, develop a plan to educate the business community about sign code requirements, perhaps including some business owners on a task force to develop the new regulations. We don't want this to get out of hand and end up re-writing the entire sign code, but we'll need to have some kind of public process besides the hearing on the ordinance amendment. The next CAC meeting is April 21s`. We will need to develop our plan of action by then. City of Wheat Ridge of WHEgTP Planning and Development Department ° Memorandum c~~ORP~~ TO: Randy Young, City Manager FROM: Alan White, Director of Community Development SUBJECT: Sign code violations DATE: March 6, 2003 It has become increasingly obvious to staff that there are problems in the city relative to signs. Many of the existing businesses, especially retail enterprises, have banners, pennants and window displays in violation of the current code of laws, in addition to permitted walls signs and freestanding signs. As a result, many of our commercial corridors are visually cluttered and unattractive. From time-to-time, we get complaints from City Council regarding signage on particular properties; but they have not yet suggested undertaking proactive sign code violation enforcement. Most freestanding commercial uses are allowed a certain amount of wall signage based on the length of the building wall appurtenant to the street where the business gains access. A business such as this would also be permitted to have a freestanding sign, the size of which is based on the building footprint. If a commercial use is located on a corner lot, it can have wall signs and freestanding signs oriented to each of the street fronts. The sign code allows banners for temporary events with no maximum time allowance and pennants, streamers and balloons for up to 30 days each year. Businesses also have the ability to have unregulated window signs, which do not exceed more than 50% of the window area where they are displayed. Temporary signs are also allowed, but there is no time limit specified for these types of signs. There are several options available to staff to address the issue of signs. Do nothing - Proceed with sign code violations on a complaint basis only. This is sometimes viewed as selective enforcement. Pro-active sign enforcement - Many businesses have spent considerable amounts of money on these auxiliary advertising devices. A wide-sweep enforcement approach could be viewed as being "anti-business". Education process - Inform all businesses what is allowed for signage; that the city will be undertaking a city-wide sign enforcement program within two to three months. Follow-up with enforcement. Staff is anticipating revisions to the existing sign code to clarify ambiguities and tighten up the regulations. This should occur regardless of any direction for code action. The following are potential sign code changes, which will be explored by staff. Make temporary signs, including banners and pennants, obtain a sign permit with a fee charged (remove from the "exempt" section). By doing this, we could track the frequency and duration of these temporary signs, which we can't now because no permit is required. Some revenue would be generated for the permit tracking; however, the fee would be less than the permit fee for a permanent sign. Currently, there is no charge for a temporary sign. Establish a time limit for temporary signs for 60 days (per uniform sign code) or make it consistent with the pennant restrictions currently in the code (2 - 15 day periods or one- 30 day period). Allow banners as permanent signs but adopt some standards to address anchoring methods, perforations to reduce wind load, etc. The planning staff would like to discuss the issues mentioned above with City Council prior to taking any action. Is this appropriate for an upcoming study session with City Council? Please advise. The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 GWh e at City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRidge July 1, 2002 Mr. Tom Gardner, Chairman, Board of Directors Jefferson County Association of Realtors 950 Wadsworth Blvd. Lakewood, CO 80215 Dear Mr. Gardner: . TheCityofWheatRidge hasspecificsipcodes which prohibit sips (ofall types) in certain areas. The purpose of this correspondence is to inform you of these restrictions and enlist your voluntary compliance. It is not the intent ofthese ordinances, or the resulting enforcement action to discourage your business in our community, or limit your effectiveness. Wheat Ridge Municipal Code (15-24) prohibits the posting of signs on public utility poles, telephonepoles,traffic control devices, and in the public right-of-way. Signs cannot be of such size or placed in such a waythat they inhibit line of sight for motorists and pedestrians at intersections. Signs cannot be placed on private property without the permission of the property owner. The most common violation found with regard to real estate signs occurs at intersections or on corners when a small "arrow" type sign points in a direction toward a street or location that a home is for sale, orwhere an open house for a home is being advertised. Typically, we find these signs in the right-of- way, and when found, we remove them and discard them. The Wheat Ridge Code of Laws offers a general description for determining "right-of-way". Sec. 26-621B: "...Where it is difficult to determine thepublic right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten(10) feet from the edge ofpave- ment or back ofcurb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of a sidewalk". In some cases the actual "house for sale" sign has been located within the public right-of-way. We would appreciate your assistance and cooperation when locating any temporary signs associatedwith the business ofselling property in the Cityof Wheat Ridge, by avoiding the placement of such signs in the public right-of-way. Signs foundby enforcement personnel within the right-of-waywill be removed and destroyed in all cases. Thank you for your assistance and cooperation in this matter. erely, --t-~- T- Jack A. Hurst Chief of Police JAH:js a Wheat Ridge Realtors Mayor & City Council Cd RECYCLED PAPER Current Regulations for Signs, Banners and Window Signs These regulations are NOT proposed to change The City allows the following types of signage for your business: Freestanding Sign Size of sign = 35 square feet + 1 square foot for every 50 square feet over 1,501 square feet of building. Building = 2,000 For Example: square feet 1. 35+ 2,000 - 1,501 50 / 991 • Maximum height = 15 feet 2. 35 + (4 50 J • Sign must be setback from your property line : 5 feet if sign is up to 7 feet tall OR 3. 35 + 9.98 = 44.98 10 feet if sign is up to 15 feet tall. based on a 2,000 square foot • Freestanding signs must be located in a landscaped area. building, you may have 44.98 • Freestanding signs require a permit square feet of freestanding signage. • For every one linear foot of wall space, Wall Sign you may have one square foot of wall signage. (includes For Example : banners) based on a wall 40 feet long, » S,g you may have a 40 square foot 8 wall sign. • Wall signage requires a permit. Window Sign A- Frame Sign • Up to 50% of a window may contain signage. • Maximum size of 6 square feet `j t t a x • Must be set back at least ten feet from your property line • Window signage may only occur a maximum of two • One per street frontage weeks, and should advertise special sales. • Requires a permit • Interior window signage does not require a permit. ATTENTION BUSINESS OWNERS The City is exploring a few changes to the sign code. These changes deal with temporary banners and flags. Temporary Banners: The proposed change would limit the amount of time a banner may be placed upon an exterior wall. If this change is approved by City Council, the code will change 15 days after the public hearing. The City will then begin to enforce the new code after a grace period of 60 days. Among the proposed changes : } v • Temporary banners would be all wed'for a;rnaximum of two`weeks twice a year; or for a single one-month period every year. • Temporary banners would require a valid sign permit issued by the Community Development Department. n :Flags:; s~~ ~ • The proposed cf~ang would allovY Fp" ap' flags, 7n addition to NaLonal, State, or City flags. • The number ofeorporate ##ags wi#I be limitetl toone_ • The size of corporate flag§ will be restfric to y `square feet • Setbacks and Height limitations for flagpoles will remain unchangedF During the public hearing process, you will be givena chance to speak directly to the Planning Commission and City Council. These public hearings will be advertised on the City website (www.ci.wheatridge.co.us), on Channel 8 and in The Wheat Ridge Transcript. The City values your opinion and welcomes any comments regarding these proposed changes. If you have any comments, please call the Community Development Department at 303.235.2846 or mail comments to : ofFgT Community Development Department o attn: proposed sign changes 7500 West 29th Avenue rq.ORP~ Wheat Ridge, CO 80033 Case No.: OA031 B Quarter Section Map N App: Last Name: Citywide Related Cases: App: First N ame: Case Histor y: Owns r. Last Name: Owner: First Nam e: App Addre ss: r~ Review Body: City, State Z ip: App: Pho ne: APN: Owner Address: 2nd Revie w Body: City/St ate/Zip: 2nd Review Date Owner Phone: Decision-making Body Project Address: Appro val/Denial Date: Street Name : City/State, Zip: Reso/Ordinance No.: Case Disposition: Project Planner: Recker File Lo cation: [Active Not es: I Follow- Up: .1 d.: F mend code regarding emporary banners and ags... PC ICS CC Conditi. of Approval: District: Date Rec eived: 10/3/2003 Pre-App Date: F_