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HomeMy WebLinkAbout11/16/17I City of WheatP,idge PLANNING COMMISSION AGENDA November 16, 2017 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on November 16, 2017 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agenda packets and minutes are available online at http://www.ci.wheatridge.co.us/95/Planning-Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES—August 3,2017 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING 8. OLD BUSINESS 9. NEW BUSINESS A. Sign Codes B. Bylaws 10. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Whew Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. 2. 3. 4. 5. 6. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting August 3, 2017 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29a' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Donna Kimsey Lauren Mikulak, Planning Manager Zack Wallace Mendez, Planner 11 Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES —June 15, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner LEO to approve the minutes of June 15, 2017, as written. Motion carried 6-0-1 with Commissioner OHM abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes August 3, 2017 -1— No one wished to speak at this time. PUBLIC HEARING A. Case No. WZ-17-05: an application filed by Shadow Homes, Inc. for approval of a zone change from Commercial -One (C-1) to Residential -Once C (R -1C) for property located at 6025 West 401' Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner DORSEY asked if the developer is going to utilize the existing home or tear it down. Mr. Wallace Mendez state that he believes the existing home will be utilized. Commissioner VOS asked about the 105 feet total width of the minimum landscaping. Of the 100% needing to be landscaped, how deep is that and what kind of landscaping does that include. Mr. Wallace Mendez replied that the first 20 feet needs to be 100% landscaped which is the front yard setback. He also explained there is a requirement for street trees and it is 1 tree for every 70 feet. Ms. Mikulak added that the intent of the regulation is for front yards to be improved and not just dirt. _Commissioner VOS also asked where the single family boundary of the property will be. Is there going to be two separate ownerships. Mr. Wallace Mendez explained the owner intends to do a minor lot subdivision if the zone change is approved. Commissioner Weaver asked if the subdivision will be administrative. Mr. Wallace Mendez said that is correct. Commissioner OHM asked about the designation of the red color in Exhibit 4. Mr. Wallace Mendez said the red color represents a main street designation. Ms. Mikulak added he is correct and the dash lines are intended to show corridors that are more commercial in nature. Planning Commission Minutes -2— August 2— August 3, 2017 Commissioner OHM also asked about the zoning map in Exhibit 3 and the use of this property being very low in intensity, but the zoning to the south is R-3. What is the maximum amount of density in the zone R-3 and how did you come to putting an R- 1C among the higher intensity zone districts. Mr. Wallace Mendez explained that R- 1C would allow the owners to keep the existing home and allow them to subdivide to create and additional single-family lot. In addition, there is already an R- 1C in the area just to the east. Mr. Wallace Mendez added that bulk plane regulations would apply to R- 1C so there will be no towering buildings on these properties. Further, the predominant land use in the area is more in line with an R- 1C designation, rather than the R-3 designation in the area Mr. Wallace Mendez stated many of the R-3 zoned properties are utilized by single family homes and are too small to re -develop into multi -family, additionally, there is also a provision in the code against land banking and then building multi -family residences in the R-3 zone district. Commissioner OHM asked about the applicant considering a flag lot. Mr. Wallace Mendez said that flag lots are allowed, but can be difficult with water and sewer service. The applicant does not prefer a flag lot, but we have not seen a subdivision plan yet. Ms. Mikulak added that the provision in the code states that flag lots are not encouraged, but are permitted when the most appropriate development option shall meet the criteria Katie Sorenson, Shadow Homes, Applicant 5084 Gladiola Way, Golden 80403 Ms. Sorenson answered a few of the Commissioners previous questions and explained the garage is a far distance from the existing house, but their anticipated subdivision would ensure the setbacks for both lots would be met. Concerning a flag lot, we agreed with Staff, that a flag lot is unnecessary. Once a survey was done she concluded a subdivision can be done to make the lots equal parts. She gave a little history about Shadow Homes and said community is important and they want to support growth and affordability. Commissioner VOS asked about the existing house and if the renters will have to leave. Ms. Sorenson stated the tenants have a lease until July of 2018 and we will decide then on how to move forward, but we do intend to leave the house there and some improvements have already been done. After the lot is subdivided the other half will be sold to a developer that they know very well and does good work and we will carry their vision through. Planning Commission Minutes -3— August 3— August 3, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to APPROVE Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) for property located at 6025 S. 40' Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Commissioner BUCKNAM added that this is a good first step to do what Shadow Homes envisions. He wants staff to take a broader look at the mix of residential and commercial uses in the area and would like to see the zoning conform to the existing uses as well as to the vision of the Comprehensive Plan. Motion carried 7-0 8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner LEO to adjourn the meeting at 7:29p.m. Motion carried 7-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes -4— August 4— August 3, 2017 ♦ II City Of c�7�IheatR�dge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Gerald Dahl, City Attorney DATE: November 16, 2017 SUBJECT: Sign code regulations ISSUE: In June of 2015, the United States Supreme Court decided the case ofReed v. Town of Gilbert, Arizona. This decision, which held the Town of Gilbert's sign code unconstitutional, has a significant impact on all local government sign codes throughout the nation. The purpose of this memorandum is to describe the impact of the Reed case and request Planning Commission input to bring forward amendments to the City's sign code to comply with that decision as well as to consider other minor amendments to the City sign code that City Council and Staff have deemed necessary in an effort to modernize said regulations. Reed v. Town of Gilbert. Arizona Sign Code Modifications The sign code regulations of the Town of Gilbert, Arizona, at issue in the Reed case, relied upon a number of techniques, which have commonly been used by local governments throughout the nation, including the City of Wheat Ridge. The specific regulation challenged and held unconstitutional in Reed was a prohibition on signs advertising temporary events (in that case, church services for a church which had no permanent location and thus advertised a different location for its services each week). Writing for a unanimous Supreme Court, Justice Clarence Thomas held that the Gilbert sign code regulated signs on the basis of their content, and was thus a prohibited government regulation of free expression and thus unconstitutional under the First Amendment to the United States Constitution. At the heart of Justice Thomas' opinion is the principle that if the regulating authority (typically, a city or county) must refer to the content of the sign, or read the sign, in order to know how it is regulated, then this is a regulation of speech prohibited by the First Amendment, unless the local government could assert a "compelling governmental interest" and there is no other way to achieve the same result. This test is very difficult to achieve and quite likely impossible in the context of sign code regulations. So, under Reed, if the City needs to read a sign to determine what the applicable regulation is, that regulation is unconstitutional. Since the Reed decision, cities and counties across the country have been revising their sign codes to remove any content -related restrictions, and to restructure those codes so that the same goals (preventing visual clutter, ensuring traffic safety, restricting the proliferation of signs, etc.) continue to be addressed. Significantly, Reed does not disturb local regulations governing or prohibiting such things as lighting, location, signs with moving parts, size, and other non - content -related sign regulations. Not surprisingly, sign regulations that are on their face regulations of content such as regulating "political signs," differently than other signs, are clearly prohibited under Reed. In practice, it is not that difficult to revise a sign code to comply with Reed - there are a number of ways to achieve the same goals without having to refer to the content and meaning of the signs themselves. In some cases, the content -related language is simply unnecessary. One key approach is to shift from describing signs (and their associated regulations) based on what the sign says to describing the physical type of sign (monument sign, roof sign, projecting sign, pole sign, etc.). This is a very successful technique and one that has been employed as part of this sign code update. The City can continue to regulate the type and manner of signs located on its own property, such as the recreation center and park properties. In this context, the City is acting more as an owner of property rather than as a regulator of private conduct. PRIOR ACTION: In May 2017, Staff briefed City Council on the Reed v Gilbert sign code amendments, and also asked for direction on several other sign -related items. In October 2017, Staff returned to Council with a sign code draft and requested further direction on several issues. Staff is now seeking input from Planning Commission on the sign code draft and on specific sign -related items before returning to City Council for an additional study session. PROPOSED UPDATES: Attached is a draft of the amended sign code (Article VII in Chapter 26); each section begins with comments (in red) that summarize what has or has not changed. This memo includes an overview of the modifications proposed based on the Reed v. Gilbert case law. Also included are several possible amendments that are proposed for which staff is seeking consensus from Planning Commission. The attached draft sign code is the same version presented to City Council on October 16. Updates and changes will be necessary based on Council feedback from that meeting, in addition to Planning Commission feedback on November 16, and feedback received during any subsequent meetings. Included in the summaries below is the feedback provided by City Council at the October 16 study session. Reed v. Town of Gilbert Updates: Based on required compliance with the Supreme Court's Reed v. Gilbert decision, the following amendments have been proposed: • Content -based sign categories are no longer permitted and were removed, and new categories were created to reclassify sign types more broadly. More specifically, the political, informational, projecting, semipublic, and community event/sponsorship banner content -based categories were removed. Yard signs (large and small), directional, and blade signs are new classifications that have been added. • With the reclassification, sign standards were changed from a tabular format (previously Sections Sec. 26-709 and 26-710) to a teat format. This formatting change improves 2 usability of the code. The sign standards that comprise these sections (height, size, setback, etc.) are not changed. • Related regulations that are currently scattered throughout Article VII have been consolidated to improve organization. For example, free standing signs were listed in each of the former sign charts, and additional regulations for freestanding signs were also found in a subsection under miscellaneous provisions. These, and other, related provisions are now in one location. • For ease of using and enforcing sign code regulations, other sign related provisions that appear elsewhere in Chapter 26 were added to the sign code, including those in Section 26-613 (Home Occupations) and in the Mixed Use Code section (Article XI). • Projecting signs have been reclassified as blade signs which is a more common term in the industry. The only modification made is the minimum projection for blade signs was reduced from 15 inches to 12 inches to better differentiate wall signs from blade signs. Based on input from the business community, the code amendment also would allow businesses both a wall and blade sign. • Informational signs have been reclassified as directional signs, with the same standards and definition, with content -related language deleted. Council is supportive of the Reed v Gilbert proposed updates. Temporary signs (commercial properties) Current sign code regulations make temporary sign enforcement difficult, as there are often no time limits or maximums in place. To enable enforcement while still allowing reasonable temporary advertisement, staff proposes the updated temporary sign code allow for only one temporary sign at any given time per property or business. This means owners may still choose from a variety of sign types (banners, balloons, yard signs, a -frame signs, etc), but only one may be displayed at any given time. Council is supportive of this approach. Q: Does Planning Commission support limiting commercial properties/businesses to 1 temporary sign at any given time? Another item of interest, particularly from business owners and the Community Services Unit is the regulation of persons holding and spinning commercial signs, often referred to as `sign spinners.' Staff would like policy direction regarding this type of signage. Because the City may regulate the "time, place and manner" of such signs, and because they are commercial (rather than political) speech, this kind of activity may be regulated more closely than political speech (such as, for example, protesters with signs on a public sidewalk). Other communities have addressed this unique commercial sign category by defining it as "signs carried by persons," and have limited the locations they may be displayed (typically in commercial districts). It is also permissible to limit the hours of display and prohibit such display from interfering with the safe movement of pedestrians. Sign spinners could also be disallowed in the public right-of-way if desired. Council reached consensus to allow sign spinners along any public right-of-way, provided they do not negatively impact vehicular, bicycle, or pedestrian safety. They should not be allowed within the roadway. Q: Does Planning Commission support allowing sign spinners City-wide provided they do not negatively impact vehicular, bicycle, or pedestrian safety? Electronic Message Centers (EMCs) At Council's direction, Staff reviewed standards for electronic message centers (EMCs) or changeable copy LED signs, which are currently misaligned with industry standards in two ways. First, changeable copy signage is limited in our code to copy changes no less than every 15 seconds. The current industry standard is between 4 and 10 seconds. Staff recommends this time be reduced to 8 seconds, which is a common standard among surrounding communities and balances advertising and public safety needs. Second, the City's illumination standards are out of date and difficult to enforce. There is currently no quantitative standard for what constitutes a sign that is "too bright." Staff suggests adding the following language that has already been adopted by numerous jurisdictions nationwide to address nighttime brightness: The nighttime illumination of changeable copy signs shall conform with the following criteria: a. Illumination measurement criteria: The illuminance of a changeable copy sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two (2) decimals. Illuminance shall be measured with the sign off, and again with the sign displaying a white image for a full color capable changeable copy sign, or a solid message for a single -color EMC. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the total square footage of the sign as set forth in the table. b. Illumination Limits: The difference between the off and solid -message measurements using the measurement criteria shall not exceed 0.3 footcandles at night. c. Dimming Capabilities: All permitted changeable copy signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to the ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. These regulations allow for LED signage that is illuminated enough for businesses to display their messages, but not so bright the glare is distracting and dangerous for drivers, bicyclists, and pedestrians. Attached is a helpful "how to" guide that could be adopted as an internal policy to assist the Community Services Unit to measure sign illumination. The method requires use of an illuminance meter, which can cost between $100 and $1000 depending on functionality and quality, and would need to be purchased to allow enforcement. 4 Council reached consensus to modify the minimum duration between messages from 15 seconds to 8 seconds and to add illumination standards to this section to Code. Council also directed the amortization of existing LED signs requiring they comply with the new illumination standards within 2 years of the code adoption. Q: Does Planning Commission support the reduction in minimum duration between messages and adopting illumination standards as written above? Q: Does Planning Commission support the amortization of nonconforming sign illumination within 2 years? 3D signs At Council's direction, Staff researched "iconic" signage or signs that are sculptural and three- dimensional in nature. 3D signage has been rolled into existing sign types to accommodate more creative signs. Different measurement techniques apply and will be measured in cubic feet. 3D signage will be allowed for blade and freestanding sign types. Council was supportive of this approach. Q: Is Planning Commission supportive of this approach? Off -premise signage The code currently prohibits off -premise signage. The Reed v. Gilbert decision dictates that sign codes must now be content neutral. However, in order to know that a sign is off premise, it's content must be read, which is no longer permissible. Staff has proposed the following requirement in lieu of the off -premise signage restriction: the owner of the sign and owner/lessee of the property must be the same person. In practice, this means that proof of ownership or lease would be provided with the building permit application, which is already common practice for land use applications. Council provided consensus to request the property owner / lessee of the property be the same person applying for the sign. Q: Does Planning Commission support requiring the owner of the sign and owner/lessee of the property to be the same person? Business district signs Signs for specific business districts can be classified as "public" signs and located in the right-of- way. These signs might be located on a major arterial and direct travelers to a business district located some distance off the arterial roadway. Staff has determined that it is more appropriate to establish administrative policy in coordination with the Public Works Department to establish what constitutes a qualified business district and standards for the size, color, and location(s) of district signs. Wayfinding signs to districts would be produced by the Public Works Department at some cost to the districts. The details of this program will be presented to Council in the future. Yard signs (residential) A new content -neutral category called "yard signs (small)" is proposed for the sign code and is intended to capture the various small signs that are currently allowed on residential property (such as political signs and signs for community events). Staff has recommended a limitation of one small yard sign, however, Staff also feels that during certain times of year residents may wish to have multiple signs on their properties, such as during election season. To that end staff recommends three (3) small yard signs be permitted from October 1 to November 30. This type of regulation would be permitted because it is content -neutral and regulates time, place and manner. Council reached consensus to have no limitations on the number of temporary yard signs on residential property. Q: Staff recommended one yard sign to be allowed on residential property, with the exception of 3 allowed during the Fall month. Council reached consensus to not limit the number of temporary signs on residential property. What is the Planning Commission's recommendation on yard signs on residential property? A separate content -neutral category of "yard sign (large)" accommodates real estate, leasing, and construction signs for residential properties. Freestanding signs The Code allows for freestanding signs to be supported by either a monument -style base or a pole. All new freestanding signs are allowed to be either monument or pole mounted. The only exception is in mixed use zone districts where regulations are more restrictive requiring all new freestanding signs to be monument signs. In an effort to improve visual impacts associated with signs and to enhance the character of the community, the Commissioners are asked to consider whether the regulations for new signs should be augmented. New freestanding signs are permitted to be up to 15 feet in height. Highway -oriented signs (up to 50 feet) are excluded from this discussion and by nature will continue to be pole signs. Council reached consensus to require monument design for all new development. They were less certain regarding new signs not associated with development, and were split 3-3 on this issue. The Mayor broke the tie in support of allowing more flexibility for new signs not otherwise associated with development, stating that monument signs could be cost prohibitive for many businesses, and pole signs should be allowed where total redevelopment or new development is not occurring. 6 Q: Does Planning Commission support the requirement that signs for new development and total redevelopment be monument signs, while allowing existing signs to be replaced with pole signs where total redevelopment is not proposed? Non -conforming signs Current code encourages the existence of legally nonconforming signs by allowing sign cabinets to be completely replaced, so long as the support structure remains. This means that nonconforming signs are rarely removed. This allows for a significant investment in signage without coming into compliance with current regulations. Council consensus to move forward with creating a schedule for amortizing existing non -conforming pole signs. Q: Does Planning Commission support the amortization of existing non- conforming signs? Changeable Cony (EMC. LED) signage Staff has noted an increased interest in changeable copy LED signage from businesses across the City, including many along 38"' Avenue. The current sign code prohibits LED signs in the Mixed -Use Neighborhood (MU -N) zone district, which comprises the majority of 38ffi Avenue between Sheridan and Wadsworth, in addition to the Mixed -Use Commercial TOD (MU -C TOD) zone district. The intent of this restriction was to encourage sign designs that are more pedestrian -oriented in nature, despite the current (nonconforming) development patterns being more vehicular in nature. Council was split on this issue (3-3), and the Mayor broke the tie in support of keeping the existing code language which prohibits changeable copy and LED signage in MU -N and MU -C TOD zone districts. Q: Planning Commission is asked to reaffirm that this restriction is still appropriate based on the purpose and vision for the MU -N and MU -C TOD zone districts and subareas. Q: In recent weeks the question has been raised whether or not it is appropriate or desirable to allow LED/changeable copy signs for properties owned by the City, a school district, or political subdivision of the state. Does Planning Commission have an opinion on creating an exception for public properties? NEXT STEPS The purpose of this code amendment has been primarily to comply with the Supreme Court Reed v. Town of Gilbert decision, and to a lesser degree to modernize several outdated provisions. To 7 that end, Staff recognizes the importance of completing this project as efficiently as possible. Neat steps include the following: • Planning Commission Study Session —November 2017 • Council Study Session (if necessary based on CC and PC feedback) —December 2017 • Planning Commission Public Hearing —January 2018 • City Council Public Hearing—February/March 2018 ATTACHMENTS • Proposed brightness measurement guidelines • Draft Sign Code Proposed brightness measurement guidelines ISA RESEARCH HOW TO MEASURE THE NIGHT-TIME BRIGHTNESS OF AN EMC -WITHOUT CONTROL OF THE SIGN (Note: This method requires two individuals, but does not require operational control of the EMC) There will be instances where the EMC illumination needs to be STEP 4 evaluated to ensure that it does not exceed the brightness levels POSITION THE TESTERS. established in the municipal sign ordinance. If the municipality is 50R unable to obtain access to the sign controls or attempting to take the Based on the size of the digital display, the person conducting the test measurement after business hours, this method should be followed. should position themselves as close to directly in front of the digital display as practical, at thin appropriate distance (calculated in Step 3). Unlike the sixstep process desarbed previously, this process measures the difference in brightness between the sign in operation and when the sign is completely blocked from the illuminance meter. This proce- dure is extarnalysimple and requires only an illuminance meter and a piece of painted cardboard cut to the proper size. STEP 1 OBTAIN AN ILLUMINANCE METER. (See previous Step 1) STEP 2 DETERMINE SQUARE FOOTAGE. (See previous Step 2) STEP 3 DETERMINE THE MEASUREMENT DISTANCE. (See previous Step 3 or use (Area of Sign in Sq. Ft. x 100)) A helper should position themselves about 7 ft. to 10 ft. in front of the light meter and hold up an opaque, black sheet of material that is roughly 12 in. high by 40 in. wide. (Regular cardboard painted matte black works well forthis.)The sheet should be positioned so it blocks all light from the EMG but still allows the remaining ambient light to register on the illuminance meter. I 241N. 4B ft 32 fN 57k 50R 71k 100 fN 100 ft This hdJper should use a cardboard sheet to block the EMC light from the footcandle meter. Thiawill establish the baseline footcandle rcading, After the cardboard block a held In place, a reading should betakenforthe�a�.Reim�p am Ment light diwm��lLgj .r 9m1In thic r • footca edam of ambiouc light sources are impacting the photocell measuring 23 footcandles of ambient light, ThiYisthebascLneforthemcnsuremcnt. Write it down. A In to matIonaI Sign Association 1l ISA RESEARCH STEP 5 USE AN ILLUMINANCE METER. The illuminance meter should be held at a height of about 5 ft. (which is approximately eye level) and aimed directly at the EMC. The illuminance meter will account forsurrounding sources of light or the absence thereof. In this case our ambient light reading was 23 fe The new light rcading with the LID displaying a full whiiteframe cannot read above 26 fc or 23 (ambient) +03 (threshold). If a full whiteframe cannot be arranged, watch the meta to see If any ad ereseds 26 fe F4 r ' t iI At this point, readings should be taken from the illuminance meter to establish a baseline illumination level. (ISA recommends that the illuminance meter is capable of levels to 2 decimal places 0.00). Once the baseline level is established, add 0.3 footcandles to the baseline level to calculate the max brightness limit. (For example: Baseline reading is 3.15 footcandles. The max brightness level is 3.45 footcandles.) STEP 6 DETERMINE THE BRIGHTNESS LEVEL. Remove the opaque sheet from blocking the EMC. Watch the foot- candle meter for 3 to 5 minutes to see if the max brightness level is exceeded by any of the images on the sign. If the readings do not exceed the max brightness levels, than the EMC illumination is in compliance. If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. In this scenario, the municipality will need to inform the sign owner of noncompliance and take appropriate steps to ensure that the EMC be adjusted to a lower brightness level using the manufacturer's recommended procedures. ................................................ 12 A International Sign Association If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. Contents Sec. 26-701. - Intent and purpose ........................................... Sec. 26-702. - Definitions.......................................................... Sec. 26-703. - Enforcement and penalties ............................. Sec. 26-704. - Contractor's license required .......................... Sec. 26-705. - Permit required ................................................. Sec. 26-706. - Non -conforming signs ..................................... Sec. 26-707. - General provisions/performance standards. Sec. 26-708. - Miscellaneous provisions ................................ Sec. 26-709. — Permitted Sign Types ..................................... Sec. 26-710. — Permanent Sign Standards ........................... Sec. 26-711. — Temporary Sign Standards ............................ Sec. 26-712. - Billboards; specifications and regulations .... Sec. 26-701. - Intent and purpose. Subsection F modified to be in compliance with Reed v Gilbert. Draft — October 16 CC SS ......................................................1 P] ...................................................... 4 ...................................................... 5 ...................................................... 5 ...................................................... 5 11 ...................................................... 8 ....................................................10 ....................................................11 ....................................................15 Wri 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 and compatible with the visual character of the surrounding area, 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. Page 1 Draft — October 16 CC SS Sec. 26-702. - Definitions. This section includes definitions that are specific to the sign code. Several definitions have been added, and for the ease of review they are denoted below with a single asterisk (*) and bold text. Modified definitions are identified with a double asterisk (**) and new language is highlighted with bold text. Definitions of signs that have been removed from the code in compliance with Reed v Gilbert have been deleted. 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. *Balloon or inflatable sign. Any sign consisting of material intended to be filled with air or helium, or have air blown through in order to create a visual attraction; this is inclusive of air dancers, inflatable caricatures, all types and sizes of balloons, and similar devices. 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. *Barber shop poles. A sign with a striped interior which may or may not rotate, which is traditionally utilized to signify the presence of an establishment within which the practice of barbering is engaged or carried out. 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. *Blade sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than twelve (12) inches. 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 eight (8) seconds. This includes sings that utilize computer-generated messages or some other electronic means of changing copy, including displays using incandescent lamps, LEDs, LCDs or a flipper matrix. 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. Page 2 Draft — October 16 CC SS *Directional sign. Afreestanding or wall -type sign, not located within public street right-of-way, providing necessary directional information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. Directional signs shall be clearly incidental to the primary signage on a property, in both height and sign area. 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. *Flag. Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. **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. This includes pole -mounted or monument signs. 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. 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. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. *Pennant, streamer, and other similar device signage. A sign made of flexible materials intended to create a visual attraction through movement or combining similar sign types to create the impression of a line. This is inclusive of flutter flags. **Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design, such as A -frame or pedestal style signs. 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. 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. Page 3 Draft — October 16 CC SS 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, blade, 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, balloon, inflatable, portable sign, yard sign 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. *Three-dimensional (3D) signs. Any sign, which by virtue of its shape, design, and location of copy provides advertisement in a three dimensional manner and is distinctly different from an artistic sculpture. 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. *Window or door sign. Any sign or decal affixed to, painted on, applied to, or hanging within twelve (12) inches of the interior of a window and that can be seen through the window from the exterior of the structure, but excludes merchandise included in a window display. *Yard sign. Temporary, ground -mounted, portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time. Sec. 26-703. - Enforcement and penalties. There have been no changes to this section. 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: Page 4 Draft — October 16 CC SS A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. Sec. 26-704. -Contractor's license required. There have been no changes to this section. 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.) Sec. 26-705. - Permit required. There have been no changes to this section. 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 are assessed as part of building permit review and issuance. Permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. Sec. 26-706. - Non -conforming signs. Subsection A.1 has been flagged as an item for Council input, please refer to the memo for more information. Subsection A.2. has been modified for compliance with Reed v Gilbert. A small addition has been made to subsection A.3. for legibility, and is noted by bold text. 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 Page 5 Draft — October 16 CC SS 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. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its replacement cost voluntarily or 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. Sec. 26-707. - General provisions/performance standards. Some text has been added, and for the ease of review they are denoted below with a single asterisk (*) and bold text. A. Sight distance triangle. 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 signs permitted under the criteria in section 26-708.F must be owned by the same person or entity owning or leasing the property on which the sign is placed. 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: a. Signs on bus benches and shelters pursuant to Article IV of Chapter 21, *b. Public, traffic, regulatory, and blade signs, and c. Signs permitted under the criteria in section 26-708. F. 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. For temporary signs, 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. Page 6 Draft — October 16 CC SS 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. Outside display. Notwithstanding the provisions of section 26-631, any merchandise displayed 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. 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, sky glow and light pollution. *5. In the MU -N district, illuminated signs are encouraged to be turned off when businesses are not in operation. *6. Internally illuminated, translucent signs should have the typography lighter than the sign background. Opaque sign faces with internally -illuminated translucent typography or internally -illuminated individual channel letter with translucent faces are acceptable. Page 7 Draft — October 16 CC SS *7. Sign lighting should be consistent with the lighting of building elements and storefront lighting. *8. It is encouraged that sign faces be of darker hue with light colored text to prevent light glare emitted at night. *9. Signs adjacent to residential neighborhoods should be turned off after business hours. *10. The nighttime illumination of changeable copy signs shall conform with the following criteria: a. Illumination measurement criteria: The illuminance of a changeable copy sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two (2) decimals. Illuminance shall be measured with the sign off, and again with the sign displaying a white image for a full color capable changeable copy sign, or a solid message for a single -color EMC. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the total square footage of the sign as set forth in the table. b. Illumination Limits: The difference between the off and solid -message measurements using the measurement criteria shall not exceed 0.3 footcandles at night. c. Dimming Capabilities: All permitted changeable copy signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically determines the ambient illumination and programmed to automatically dim according to the ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. H. Maintenance. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. Removal or reconstruction of dangerous signs. 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. Sec. 26-708. - Miscellaneous provisions. Former subsection C (Freestanding signs. Commercial, industrial, and mixed use zone districts) and D (Freestanding signs. Residential, agriculture and public facilities zone districts) have been removed from this section and placed within their respective sign standards sections that follow in Section 26-709. A. Building addresses. House or building address number signs shall be consistent with section 26-639 of the zoning and development code and established city policy. B. Signs located on bus benches and bus stop shelters. 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 with a maximum of twenty-four (24) square feet per face. C. Home Occupations 1. Home occupations must comply with Section 26-613 of the Municipal Code. Page 8 Draft — October 16 CC SS 2. Residential units with an approved home occupation business license through the City, are allowed one freestanding or wall -mounted non -illuminated sign. D. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial, mixed use, 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. 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. E. Signs in the right-of-way. 1. The community development director and public works director may jointly approve freestanding signs which are otherwise permitted to advertise a property, to be located in the public right-of- way immediately adjacent to that property, subject to all of the following criteria: a. There are no viable alternative locations on the subject property, b. The sign is for a property with commercial or mixed use zoning, c. The sign will be within right-of-way that is immediately adjacent to the subject property, d. The sign is not in the right-of-way of a state highway, e. There are no immediate plans for widening the street as identified in the five-year capital investment program (CIP) or planning documents, f. The sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site, g. No underground utilities, except for electricity, exist in the proposed location for the sign, h. The sign does not obstruct the sidewalk or vehicular traffic, i. The sign complies with sight distance triangle requirements per section 26-603.13, j. The sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk, k. The sign is not a pole sign, and I. The sign must be in lieu of a freestanding sign otherwise located only on the immediately adjacent property for which sign is permitted. 2. Signs that meet the above criteria shall obtain a sign permit through the community development department and a right-of-way use permit through the department of public works. 3. Notwithstanding section 26-115, the decision of the community development director and public works director to grant or deny a permit under this subsection F. shall be the final decision of the city, appealable only to the district court. Page 9 Draft — October 16 CC SS F. Signs in mixed use zone districts. Signs in any mixed use zone district must also comply with requirements in section 26-1113. G. Signs for marijuana -related businesses. No permanent or temporary sign associated with a marijuana - related business licensed pursuant to Articles XI I and/or XI I I of Chapter 11 may be installed or located until reviewed and approved by the city. See sections 11-296, 11-306, 11-406 and 11-417. The former sections 26-709 (Residential, agriculture and public facilities zone districts signs standards chart), 26-710 (commercial, industrial and mixed use zone districts sign standards chart) have been entirely removed. The new sections are as follows: Section 709: Permitted sign types, Section 710: Permanent Sign Standards, Section 711: Temporary Sign Standards. The quantitative standards within each of these sections has not changed. The information has been reformatted, and specific sign types in violation of Reed v Gilbert have been removed. New sign types that do not address content have been added to address the gaps created by the deletion of several sign types. New sign types will be noted with bold text and an asterisk (*). The reformatting of these sections, was to make it easier to navigate for the reader, and for City Staff to enforce. We have utilized a similar premise to the zoning standards section of the Municipal Code, in which you check the permitted sign types, then move forward to either section 710 (permanent) or section 711 (temporary) to find the specific regulations for that sign type, if allowed. Sec. 26-709. — Permitted Sign Types. A. A summary of sign types addressed in this article are listed in the following tables. The tables identify if signs are permitted (P), not permitted (NP), or permitted in limited (L) circumstances, based on the land use of the property upon which a sign is located. B. For purposes of this section only, the following definitions shall apply: 1. Low Density Residential. Land use category for determining allowable signage, both permanent and temporary, for single-family and duplex units. 2. Multifamily Residential. Land use category for determining allowable permanent signage for residential uses with three (3) or more attached dwelling units. 3. Multifamily (3-9 units). Land use category for determining allowable temporary signage for moderate intensity multifamily residential uses with three (3) to nine (9) dwelling units. 4. Multifamily (10+ units).Land use category for determining allowable temporary signage for higher intensity multifamily residential uses with ten (10) or more attached dwelling units. 5. Nonresidential. Land use category for determining allowable signage, both permanent and temporary, for all commercial, industrial, and other nonresidential uses. C. Permanent Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 710. Table 1. Permanent Signs by Land Use Type of Sign Low Density Residential Use Multifamily Residential Nonresidential Use Use Address numbers P P P Animated NP NP NP Arcade NP NP P Barber shop poles NP NP P *Blade NP NP P Canopy NP NP P Changeable copy NP P *Directional NP P P Page 10 Draft — October 16 CC SS Flag P P P Freestanding L P P Roof NP NP NP Traffic control or regulatory P P P Vehicle P P P Wall or painted L P P Window or door P P P D. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 711. Sec. 26-710. — Permanent Sign Standards. A. General. 1. Where a property is eligible for a permanent sign based on Section 26-709, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. Residential zone districts include the entire Residential series (R-1, R-1 A, R-1 B, R-1 C, R-2, R -2A, R-3, R -3A), Agricultural series (A-1, A-2), and Public Facilities (PF) 4. Nonresidential zone districts include the entire Commercial series (NC, RC, C-1, C-2), Mixed Use series (MU -C, MU -C TOD, MU -C Interstate, MU -N), and Industrial Employment (I -E). 5. All permanent signs required building permits. r_�'rc2law►R�m, :» 1. Must be compliant with Section 26-639 of the Code. 2. Must be compliant with established city policies regarding addressing. C. Arcade Signs. 1. Definition: Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. 2. Maximum number: 1 per business 3. Maximum size: 4 square feet 4. Height: Minimum height above street frontage or sidewalk level is 7 feet. See figure #. 5. Location: May not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. Can extend into right-of-way with an approved right-of-way permit. D. Barber Shop Poles. Page 11 Table 2. Temporary Signs by Land Use Type of Sign Low Density Residential Use Multifamily Use (3-9 units) Multifamily Use (10+ units) Nonresidential Use Balloon or inflatable NP P P P Banner NP P P P Pennant, streamer, and similar devices NP P P P Portable NP P P P *Yard — Small P P P P *Yard — Large L L L L Sec. 26-710. — Permanent Sign Standards. A. General. 1. Where a property is eligible for a permanent sign based on Section 26-709, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. Residential zone districts include the entire Residential series (R-1, R-1 A, R-1 B, R-1 C, R-2, R -2A, R-3, R -3A), Agricultural series (A-1, A-2), and Public Facilities (PF) 4. Nonresidential zone districts include the entire Commercial series (NC, RC, C-1, C-2), Mixed Use series (MU -C, MU -C TOD, MU -C Interstate, MU -N), and Industrial Employment (I -E). 5. All permanent signs required building permits. r_�'rc2law►R�m, :» 1. Must be compliant with Section 26-639 of the Code. 2. Must be compliant with established city policies regarding addressing. C. Arcade Signs. 1. Definition: Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. 2. Maximum number: 1 per business 3. Maximum size: 4 square feet 4. Height: Minimum height above street frontage or sidewalk level is 7 feet. See figure #. 5. Location: May not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. Can extend into right-of-way with an approved right-of-way permit. D. Barber Shop Poles. Page 11 Draft — October 16 CC SS 1. Definition: A sign with a striped interior which may or may not rotate, which is traditionally utilized to signify the presence an establishment within which the practice of barbering is engaged or carried out. 2. Maximum number: 1 per street frontage 3. Height: Pole height cannot exceed 5 feet in total, may not exceed height of building to which it is attached. 4. Location: Must be wall mounted. May extend into the right-of-way with an approved right-of-way permit. E. Blade. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than twelve (12) inches. Projection shall extend no more than 48 inches away from the structure to which the sign is attached. 2. Maximum number: 1 per street frontage or business 3. Maximum size: a. For two-dimensional (2D) signs: 1 square foot for each 1 foot of height of the building wall to which the sign is to be attached. b. For three-dimensional (3D) signs, as defined in subsection 26-702, 1.75 cubic feet for each 1 foot of height of the building wall to which the sign is to be attached. 4. Height: May not extend above the top of the wall or parapet, not to be roof mounted. Minimum height clearance 7 feet above street frontage or sidewalk. 5. Location: May extend into the right-of-way with an approved right-of-way permit. 6. Additional standards: a. Blade signs are encouraged in the Traditional Overlay areas, as defined by the Architectural and Site Design Manual. b. Wall signs and projecting signs are allowed on the same wall within the Traditional Overlay. c. Blade signs should not be located closer than twenty-five (25) feet apart unless the signs works together to make a unified and compatible design or the sign group is integral to the building architecture, reinforcing a significant building feature such as a primary entry. d. The structural support of projecting signs should be integrated into the design of the sign, either by being simple and inconspicuous, or by being creative in the use of structural elements, lighting, color and materials. Canopy Signs. 1. Definition: A sign mounted to 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. 2. Maximum number: 1 per street frontage or major interior drive 3. Maximum size: Canopy signs may use up to 50% of the allowed wall sign allowance. The size of the canopy sign is to be subtracted from the allowable wall signage. G. Changeable Copy 2. Definition: 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 eight (8) seconds. This includes sings that utilize computer-generated messages or some other electronic means of changing copy, including displays using incandescent lamps, electronic message centers (EMCs), LEDs, LCDs or a flipper matrix. 3. Prohibition: Changeable copy signs are not be permitted in the MU -N district or the MU -C TOD sub -district. 4. Maximum number: 1 per street frontage, but no more than 2 per development 5. Maximum size: a. In residential zone districts, a maximum of 32 square feet per sign Page 12 Draft — October 16 CC SS b. In nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710. G. and 26-710. K.) apply. 6. Height: a. In residential zone districts , a maximum of 7 feet b. In nonresidential zone districts, freestanding and wall signage height regulations (Sec. 26-710. G. and 26-710. K.) apply 7. Location: For freestanding changeable copy signs, the minimum setback is 5 feet from any property line 8. The time lapse between the change in information shall not be less than eight (8) seconds. H. Directional. 1. Definition: A freestanding or wall -type sign, not located within the public street right-of-way, providing necessary directional information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. Directional signs shall be clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum number: No limit 3. Maximum size: 4 square feet per side 4. Height: If freestanding, shall not exceed 36 inches in height if within a required sight distance triangle, or 48 inches where outside of a sight distance triangle. I. Flag. 1. Definition: Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. 2. Must conform to the setbacks requirements the underlying zone district. 3. Maximum flagpole height of 35 feet. Freestanding. 1. Definition: 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. This includes pole -mounted or monument signs. 2. Owner permission required: Single tenant signs on multitenant properties must provide property owner permission with the building permit application. 3. Design: a. Except within the MU -C Interstate sub -district, new pole signs shall not be allowed OR New pole signs shall not be allowed in any MU zone district, except the MU -C Interstate sub -district. b. The base of a freestanding monument sign shall be consistent with the materials of the building with which it is associated. c. The materials of new freestanding signs shall be similar or closely related to the materials of the primary structure(s). d. For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. e. Monument signs, rather than pole signs, are strongly encouraged for all new development. f. Pole signs are strongly discouraged with new development, unless the development is located within '/a mile of the interstate and a highway -oriented sign is proposed. g. Consolidated monument signage is encouraged in multiple use developments. 4. Multiple signs: Where multiple freestanding signs are permitted pursuant to this section, the following standards shall apply: a. 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 noted in this subsection. 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. Page 13 Draft – October 16 CC SS b. Where multiple signs are permitted because of multiple street frontage, the signs may be Table 3. Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone erected on the same street frontage. c. For double-faced signs, each sign face can have the maximum square footage allowed. 5. For single family uses a. Not permitted, except for as allowed by the home occupation regulations. 6. For multifamily uses: a. Maximum number: 1 per street frontage b. Maximum size: 32 square feet c. Minimum setback: 5 feet from any property line d. Maximum height: 7 feet 7. For nonresidential uses in residential zone districts: a. Maximum number: 1 per street frontage b. Maximum size: 32 square feet c. Minimum setback: 5 feet from any property line d. Maximum height: 7 feet 8. For nonresidential uses in nonresidential zone districts: a. Maximum size: Based upon Table 3 below. b. Minimum setback: Based upon height and adjacent zoning: i. 10 feet if adjacent to residentially zoned properties ii. 5 feet from ROW if under 7 feet tall iii. 10 feet from ROW if 7-15 feet in height iv. 30 feet for signs over 15 feet in height c. Maximum height: Based upon zoning and location: i. 7 feet in all mixed use zone districts ii. 50 feet for retail and service businesses within ''/a milt of an interstate highway measured from the property line iii. 15 feet for all other freestanding signs Table 3. Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone districts Floor Area of Single Tenant Sign Multiple Tenant Sign —Building* 0-1,500 s.f. 35 s.f. 60 s.f. 1,501-5,000 35 s.f. plus 1 s.f. per each additional 50 60 s.f. plus 1 s.f. per each additional 40 s.f. s.f. of floor area over 1,501. s.f. of floor area over 1,501. 5,001-50,000 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of s.f. 500 s.f. of floor area over 5,001. floor area over 5,001. Over 50,001 190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional s.f. 1,000 s.f. of floor area over 50,001 up to 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. 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 canopies and drive-thru canopies cannot be applied toward the freestanding sign allowance. 9. Home Occupations a. Must be in compliance with Section 26-613 of the Municipal Code. b. Must have an approved business license through the City. c. Permitted to have one non -illuminated sign up to 2 square feet in size. 10. 3D signs: Three-dimensional (31D) signs, as defined in subsection 26-702, are permitted the sign allowances listed in this subsection multiplied by 1.75, as measured in cubic feet. Page 14 Draft — October 16 CC SS K. Traffic control or regulatory. 1. Definition: Signs, signals or markings placed or erected by federal, state or local authority of the purpose of regulating, warning or guiding traffic 2. Location: May be placed by the federal, state or local authority within the public right-of-way. L. Wall or painted. 1. Definition: A sign constructed of durable materials which is permanently affixed to an exterior surface of any building, wall or structure or painted directly on the exterior surface of a building, wall or structure which does not extend more than 15 inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered wall signs. 2. Maximum number: a. 1 per street frontage or major interior drive per activity b. For uses which have a rear entry or delivery door, 1 nonilluminated wall sign per use is also permitted. 3. Maximum size: No larger than 1 square foot for every linear foot of the side of the building to which it is affixed. 4. Location: a. Signs may only be affixed to walls which are parallel with public streets or major interior drives, as determined by the community development director b. For buildings with flat roofs, wall signs shall not extend above the top of the parapet or mansard, and if placed upon a parapet or mansard shall not extend more than 3 feet above the deck line. 5. Other: Signs affixed to canopies shall be considered wall signs and shall be calculated based upon the length of the wall to which they are attached or adjacent. 6. Home Occupations a. Must be in compliance with Section 26-613 of the Municipal Code. b. Must have an approved business license through the City. c. Permitted to have one non -illuminated sign up to 2 square feet in size. 7. Additional standards a. Sings attached to a structure should be human -scaled and well-designed to contribute to the character of a street. b. Building wall signs shall complement the building's architecture and fit within the architectural features of the fagade so they do not overlap windows or columns. c. Innovative and unique sign graphics are encouraged. M. Window or door. 1. Definition: Any signs or decal affixed to, painted on, applied to, or hanging within twelve (12) inches of the interior of a window and that can be seen through the window from the exterior of the structure, but excludes merchandise included in a window display. 2. Maximum size: Sign shall not obstruct more than 25 percent of the door or window area 3. Other: The material, installation and/or size of window or door signs shall not negatively affect compliance with the transparency standards established in Article XI. Mixed Use Zone Districts and in the Architectural and Site Design Manual. Sec. 26-711. — Temporary Sign Standards. A. General. 1. Where a property is eligible for a temporary sign based on Section 26-709, the standards of this section shall apply. 2. Maximum number: Where a property is eligible for a temporary sign based on Section 26-7##, only one (1) temporary sign per business or dwelling unit may be placed on eligible property at any given time, with the exception of seasonal signs as described in subsection F below. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits. Page 15 Draft — October 16 CC SS el h71... • ENTE IM 1. Definition: Any sign consisting of material intended to be filled with air or helium, or have air blown through in order to create a visual attraction, this is inclusive of air dancers, inflatables caricatures, all types and sizes of balloons, and similar devices. 2. Height: Cannot exceed the maximum permitted building height for the zone district in which they are located measured from existing grade. 3. Location: May not be located within the public right-of-way. 4. Other: 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. C. Banner. 1. Definition: 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. Maximum size: Total size for any single or combined banners affixed to a wall based on one half (1/2) the allowance for wall signs. 3. Location: May be placed upon a building wall but shall not be attached to fencing, landscaping, freestanding posts or utility poles. Banners may be placed only on walls facing a public street or major interior drive. 4. Other: 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. E. Pennant, streamer, and other similar device. 1. Definition: A sign made of flexible materials intended to create a visual attraction through movement or combining similar sign types to create the impression of a line. This is inclusive of flutter flags. 2. Location: 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. F. Portable. 1. Definition: Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design, such as A -frame or pedestal style signs. 2. Maximum size: 6 square feet per side per sign 3. Setback: a. 5 feet from any street right-of-way line if taller than 36 inches b. 2 feet from any street right-of-way line if 36 inches or less in height 4. Location: a. May be located on a sidewalk within private property, provided that adequate clearance exists to meet ADA requirements. b. Must be anchored to the ground or weighted sufficiently to prevent movement by wind c. May not be located outside when business is closed. 14MUST7:MEM'i SY/I 1. Definition: A temporary, ground -mounted, portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time 2. Seasonal allowance: 3. Maximum size: Shall not exceed four (4) square feet in size per sign 4. Location: Shall not be placed within city right-of-way or municipally owned property. H. Yard —large. Page 16 Draft — October 16 CC SS 1. Definition: A temporary, ground -mounted, portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time 2. Maximum size: a. For low density residential uses and multifamily (3-9 units), 9 square feet b. For multifamily (10+ units), 32 square feet c. For nonresidential uses, 32 square feet 3. Minimum setback: 5 feet 4. Maximum height: Shall not exceed 7 feet in height 5. Location: Allowed only on properties with active listings for sale or for rent, or on properties with active building permits Sec. 26-712. - Billboards; specifications and regulations. There have been no changes to this section, other than the section number has changed from 711 to 712. Page 17 ♦LA City of WheatRdge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Lauren Mikulak, Planning Manager Gerald Dahl, City Attorney DATE: November 7, 2017 (for November 16 meeting) SUBJECT: Bylaws Update The Wheat Ridge Planning Commission is established by Sections 2-52 and 2-60 of the Municipal Code, but it is the bylaws that more specifically govern the conduct of the Commission. The bylaws establish protocols for public meetings and establish the roles of officers and staff. The current bylaws were originally adopted in 1980 and most recently updated over 10 years ago in July 2006. Several provisions are outdated and are inconsistent with current and/or best practice. The City Attorney and Community Development staff have reviewed the existing bylaws, and attached are redlined and clean versions, which propose several modifications and updates. The purpose of this memo is to summarize those proposed changes. Summary of Amendments The following bylaw amendments are proposed and are reflected in the attached versions. All paragraph numbers refer to the proposed numbers as they appear in the redlined version. • Paragraph 1 (Regular Commission Meetings)—Update to meeting cancellation protocol to reflect current practice. Update to meeting length provisions, consistent with City Council rules and other City boards and commissions. • Paragraph 2 (Special Meetings) —Update to noticing requirements consistent with current and best practice. • Paragraph 3 (Study Sessions) —New provisions allowing study sessions (often used for training purposes) are added. • Paragraph 4 (Executive Session) —Update to voting, meeting purpose, and record keeping consistent with best practice for executive sessions. • Paragraph 6 (Election of Officers) — Consolidation of all election protocols into this paragraph for clarity, but no change to the election protocols. • Paragraphs 11-15 (related to City staff) —Updates consistent with current and best practice related to staff attendance. • Paragraph 18 (Limitation of Debate) — Elimination of unnecessary time restriction. • Paragraph 19 (Voting) — Consolidation of all voting -related provisions into this paragraph for clarity. New provisions related to tie votes are added these have not been previously included in the bylaws but are necessary. • Paragraph 34 (Public Hearing) —Updates to simplify and clarify the process of testimony, questioning, and rebuttal. In addition, all references to Chair, Vice Chair, and Community Development Director have been updated. All paragraphs related to committees have been eliminated. Committees have not been utilized by the Planning Commission, and it is best practice to have the entire Commission involved in matters of the board. Amendment Process Paragraph 44 of the current bylaws establishes the protocol for updating the document: These Bylaws may be amended or new Bylaws adopted by a majority vote of all members of the Commission present. Any such alterations or amendments shall be submitted in writing at the preceding regular meeting and shall be placed on the calendar under the order of "New Business. " Discussion of the bylaws will take place on November 16, and based on feedback from the Commission, approval of amendments may be presented at the following regular meeting in December. Proposed redlines to current bylaws - for November 16 PC Meeting CITY OF WHEAT RIDGE PLANNING COMMISSION BYLAWS Statement of Purpose These bylaws are promulgated by the Planning Commission of the City of Wheat Ridge, Colorado, for the purpose of governing all public hearings and meetings before this body, thereby insuring that this body conducts itself in accordance with its status as a quasi-judicial, fact-finding body, and further ensuring that due process of law will be accorded to all those participating therein. By consistent interpretation of these bylaws, the above purposes will be fulfilled, and the City of Wheat Ridge and its residents will be well -served. 1. Regular Commission Meetings. The Commission shall meet in regular session on the first and third Thursday of each month at 7:00 p.m. When Thursday is a holiday, which is officially recognized by the City of Wheat Ridge, the regular meeting shall be held on the following Thursday at the same hour, unless otherwise provided for by motion. Tke r�............:....:..... ..... l.......,.t:,... ,1:,,..,...,,,. W414 ,.ff�,...i,........,.,.40g ,. ,...t 4.,.t ,.t i,.,.,,t 0 44 A egulaf eet:..,� all he held ... A...etA In the event there are no agenda items to be acted upon by the Commission, the Communitv Development Director may cancel the meeting with at least forty-eight (48) hours written notice to each member of the Commission. The place of the meeting shall be in the Municipal Complex, no regular meeting shall extend bevond 11:00 p.m., at which time the Commission shall vote to continue the meeting or to adjourn the meeting and continue all unfinished business to the next regular or special meeting. No public hearing shall be started after 11:00 PM, except upon majority vote of the Commission. 2. Special Meetings. Special meetings may be calledestab -s--he by motion and a majority vote of the Commission at a regular meeting or may be called by the Commission Secretary on the written request of the 6kaiR*a*Chair or any two members of the Commission on at least forty-eight (48) hours written notice to each member of the Commission. fflee4ifigfflftybeheld R" all Memhers �.... .... ..:. ...1 ..,.t: ,.,. tti,,.. ARA::..... -:t:..,. ,...a tti,,..-el@, ,...t isie s ,.F o,.,.4o ff 5.2.(b) 8 -2-3. Studv Sessions. Studv sessions may be conducted for the purpose of discussion of procedures, comprehensive plan or code drafts, or other matters not presently the subject of an active land use application at the citv. The Commission may give direction to staff at studv sessions for the purpose of bringing matters to the Commission in a regular or special business meeting for formal action 44. Adjourned Sessions. Any session of the Commission may be adjourned or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. 45. Executive Sessions. A. An executive session of the Planning Commission may be convened only if the majority of the members of the Commission present vote publicly to hold such a session, the subject matter to be considered is one of those listed in Subsection (B) of this Section and a public announcement is made as to which category of Subsection (B) the matter concerns.^ R 4.««...1 _ ,4 .,... a be * 1 n in a fty ,...ti. ,...,...gie4...«1,...., tke 680604:n«...tt,.« :..,.1..,1,.,1 as a ,...t,.,.,.«y of B. An executive session may be convened only on the following matters: (1) Legal Consultation regarding a > Ul n airEneE sessie4q114qaA«4l..4;RIIe.A4ffg .,...,l: ions:a. Asuit,which names the Planning Commission or any of its members, has been filed against the City and has received formal written notice that suit against the City is imminent. Th e 421 an"ing C effifflissien has knewledge of Violations of the law (2) Legal Advice from the City Attorney on specific legal questions. C. The Commission Secretary shall make an audio %recording mintAes of all executive sessions. Such recordings ffnd-n+inutesshall be closed to the public unless a majority of the Commission votes to make them available to the public. The 6kai;: Chair, any member of the Commission, the City Attorney, or the Communitv Development Director of Pla+. ing and De .lopm . t or his/her designee (in the event the Community Development Director 4 Ulai*iing and r,,._ ,d,...«.,...t was a participant in the executive session), may examine such tapes mat any reasonable time under the direct supervision of the Commission Secretary. The Commission Secretary may also release such tapes aff44HiH*t@spursuant to a valid court order in any action challenging the legitimacy of an executive session. M .................. C. The Commission Secretary shall make an audio %recording mintAes of all executive sessions. Such recordings ffnd-n+inutesshall be closed to the public unless a majority of the Commission votes to make them available to the public. The 6kai;: Chair, any member of the Commission, the City Attorney, or the Communitv Development Director of Pla+. ing and De .lopm . t or his/her designee (in the event the Community Development Director 4 Ulai*iing and r,,._ ,d,...«.,...t was a participant in the executive session), may examine such tapes mat any reasonable time under the direct supervision of the Commission Secretary. The Commission Secretary may also release such tapes aff44HiH*t@spursuant to a valid court order in any action challenging the legitimacy of an executive session. THE PRESIDING OFFICER -5-6. Election of Officers. A majority vote of all members present of the Commission shall be required to elect a 6k*kq*aeChair and Vice Chair. The Chair shall be elected on an annual basis at the next regular meeting following appointments in March of each vear. This shall be the first order of business after public hearings at that meeting and it shall be held by secret ballot without nomination. Until one person has received votes of a majority of all members present of the Commission, successive ballots will be taken. After selection of the Chair, the Commission shall choose one of its members as Vice Chair. The Vice Chair shall be selected in the same manner as the Chair. The same member may not serve in the same role in successive vears. 4'aL7. Presiding Officer. The Chair, or in his/her absence, the Vice Chair, shall be the presiding officer at all meetings of the CommissionAR-1-P. 41p. Chair ,.4 41,.1,..... appoifAed for 414A C,.44.44.:....:R44 4..meet, and ..1...11 :448..,7:..4,.1. eall 41,. «.,.«bens 40 Order T7,. «,.11 ..1..114400 b@ ,...11,.,1 b 41,. C;RM44.:....:R44 0,.,.«,.4..«. ..18..1..11 ,...4..«:.. 414 44.:.4114.... of 41e 448..4:... 41,.....me q ,.f 41,. «.,.«.1,.«.. 4444,...,.«4 'P7,. ..1..111,. ,.1,.,.4,.,1 T7,. l�1..:««...«l�1 air ..1..11 14A ,.1,.,.4,.,7 044 a «.44:44.. basis and ..1..11 4404 .............1 fHOE4ing and 4 slla4l-oo1481d by sepre41_..11,.4 .. 441.,...4 44,.44.: «..4: ,.«. 144 440 414,. pirp.h..« ,.f Ula-Hoing and ll,.. ,.1,.««.,.«4 .,1...11 ..reside .1444:1 414A ,.1,.,4:,.44 0"14A 14A 4A -A44. T 444:1 offe Person 14as «,.eeiA ,.A A. -04p., 04:.. 44...:,.«:4. ,.f ..11 members ..«,...,.444 4418 C,.44.44.issie ff .. ,,. 1...11,.4....,:11 1,. 4..L..4. -78. Vice 4;h*iR*ai+hair. —44or s .1 ..4ie4q 444o Presiding OfPeer, too C .44.44.issi@44 41..11 ..1,.osp o4w 44q 44.,.mbpr.. a.. The Vice 0qaifma4qChairw4e--shall serve as ChftifmanC hair during the absence or disability of the ChaifmffiChair and, in case of vacancy in the office of the f4aiR*aeChair pending the selection of a successor at the next regular meeting. 11,. /..1,...1..11 14A q .1,.,.4,.,7 :.. 41 ,.....44.,. «...4444,.« as 41 ,. 01..:««...«l�1..:« 99. Temporary Chair. In the case of the absence of the Chair and Vice fhaiR*a*Chair, the most senior member of the remaining members shall act as Temporary ChaifmanChair until the ChaifmffiChair or Vice ChaifmffiChair appears. 410. Decorum and Order. The presiding officer shall preserve decorum and decide all questions of order, subject to appeal e€to the Commission. If a member transgresses the rules of the Commission, the presiding officer shall, or any officer may, call him to order, in which case he/she shall relinquish the floor, unless permitted to explain. 119. Quorum. A minimum of five (5) Commissioners shall constitute a quorum for the transaction of business at all Commission meetings. Once the Commission Secretary makes a determination, based upon contact within Planning Commission members prior to a meeting that a quorum will not be attained, all public hearing items scheduled for that meeting shall automatically be continued to the next regular meeting. 123. Community Development Director. The Pirester e Community Development Director or his/her appointed deputy, shall attend all meetings of the Commission, unless excused by the Commission or the City Manager. He/she shall keep the Commission fully advised as to all matters related to the planning and development conditions and needs of the City. He/she may make recommendations to the Commission and may take part in discussions on all matters coming before the Commission. He/she shall have a seat, but no vote in the meetings of the Planning Commission. 134. 8ex+issietrRecording Secretary. A City employee appointed by the g13eiHiig Community Development Director shall serve as Commissiett Recording Secretary and shall keep minutes and recordings of the meetings and perform such other and further duties in the meeting as may be ordered by the ommunitv Development Director 4 Planning and 143. City Attorney. The City Attomey.either in person or by deputy, shall attend a4 meetings of the Commission at the request of the Community Development Director. An oral or written opinion to provide advice on any question of law by the City Attorney may be requested by a major4y E4the Commission_ a44a sl4a" be ,...w. -44 d t4,...o t o 156. Officers and Emplovees to Attend. When the Commission needs to confer with the head of any department or any officer or employee of the City on any matter relating to zoning or planning, the City ManagerAdminisifalei shall be asked to request that such officer or employee attend any regular or special meeting. DUTIES AND PRIVILEGES OF MEMBERS 167. Right of Floor. When recognized by the Chair, a member shall confine statementssel€to the question under debate, refrain from personalized assessments of the matter- E)�iss, and refrain from impugning the motives of any other member's argument or vote. 175. Right of Appeal. Any member may appeal to the Commission from a ruling of presiding officer. If the appeal is seconded, the member making the appeal may briefly state thel4is�kes reason for the same, and the presiding officer may briefly explain his/her ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then pose the question, "Shall the decision of the Chair be sustained?" If a majority of the members present vote "Yes", the ruling of the chair is sustained; otherwise, it is overruled. 181. Limitation of Debate. At his/her discretion and with consideration for time and the Chair may impose limitations on the number of times or duration of time a member may speak on anv one subject, particularly if all members have not vet spoken. N -e 41.^44 r.. ^ .....:... .4,.., ..:41.,...4 .. RB 04:41.,. n ............:....:.... 1929. Voting. A. The vote by "Yes" and "No" shall be taken upon the passage of all motions and entered upon the minutes of the Commission proceedings. Every matter for decision before the Planning Commission shall require the affirmative vote of a majority of the members of the Planning Commission present for adoption, unless a greater number is specifically required by the Code of r4a ffi^^ A*Laws. An abstention shall not be counted as a vote, but shall be entered into the record. B. In the event a motion fails to receive a majority vote, it shall conclusivelv be presumed that no action has been taken, and it shall be required that a second motion be made, seconded, and adopted by majority vote indicating the definite action (either granting or refusing the requested action). C. In case of a tie in votes on anv proposal for which the Commission is required to make a recommendation to Citv Council, the tie shall mean no recommendation is beine forwarded. In the case of a tie in votes on anv Dronosal for which the Commission is the final deciding body, additional motions shall be required until an approval or denial is approved by a majority of votes. A motion to continue discussion to a date certain may also be made, at which meeting additional motions shall be required until an approval or denial is approved by a majority of votes., the sal . kall 1.,. ^044..:,1^«,.,1 1,..,4 C. No member of the Commission shall vote upon any question upon which he/she believes himself to have a conflict of interest (other than the common public interest), on any question concerning his/her own conduct, or on any question upon which the remaining voting members of the Commission determines, by majority vote, that said member shall be disqualified from the hearing based upon the reasons specified herein. On all other questions, each member who is present shall vote when the question is called. Application to abstain from voting shall be made before the hearing of the case commences, or immediately upon discovery of the fact requiring abstention. The moving member shall briefly state the reason for his/her request or motion, and debate may be had on the motion.the a^^:s:444 41.,..-^^44gl,^ll 14,......^a^ .. 441.,...4 a^>_^4,. 14 gl,^ll .4,4 1.^ :.q erd for ^.... Memberto @. Eplai4q 1.:., tt.Rr A,-,44,. ,... ,. esti,... 4 ^1..,4,...4:,... ,1..«:..g said Once an affirmative vote granting or requiring abstention is recorded, the abstaining member shall take no further part in discussion or consideration of, or voting upon, the case pending. The sole reasons upon which a member may base a motion to disqualify a member are actual or apparent conflict of interest, breach of this Commission's bylaws, or breach of quasi-judicial procedures as defined herein. No member abstaining under the provisions of this n. Paragraph 19(C) shall be penalized for thus abstaining. A member who abstains from voting shall remove himself/herself from the hearing room until the matter has been finalized, except where a member is the applicant in a matter before the Commission, then the member may step down and participate in the presentation of his/her request and shall not retake his/her seat with the Commission until the matter is finalized by the Commission. 81). Any member who was absent from a public hearing and said public hearing has not reached a conclusion, may vote on the public hearing of a previous case, provided he/she has listened to the tapesrecording of the meeting, read the minutes of the previous public hearing (if available), has familiarized himself/herself with the contents of the case file, and at the beginning of the continuation of the subject hearing, states he/she has complied with the foregoing requirements and is capable of making an informed decision in the matter. 204-. Demand for Roll Call. When a vote is taken on any question before the Commission for which a roll call vote is not otherwise required and upon demand of any member, made before the question has been put, the roll shall be called for "yes" and "no" and entered upon the Minutes of the Commission proceedings. It shall not be in order for members to explain their vote during the roll call. 21-2. Personal Privilege. The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are assailed, questioned or impugned. z3J. Tl:....,.444..«,1 pyof,...f.. Any «. -m-be« ..L...11 L.... A t o right to @. Ep«ess ,1:....,.«f 488 8 ,fc up0ifL. miftfe5-0coL. c:SSelif-or. -p 1.,. f: !d i ff riti ff. . ..L..1 :« SPBvtfH1 224. Attendance. All members of the Commission are expected to attend all regular and special meetings of the Commission. The Chair shall review all absences of Commission members and inform the secretary whether such absences are excused or unexcused. Where the Chair determines that a Commission member has a sufficient number of unexcused absences to constitute neglect of duty, in accordance with Wheat Ridge Code of Laws Sec. 2-53(e), the Chair shall bring the matter to the attention of the Commission under agenda item number 119, Discussion and Decision Items, and the Commission shall vote upon the matter. If the Commission finds neglect of duty, a resolution shall be adopted that informs the City Council of the Commission's findings and requests that the member be replaced. 233. Excusal During Meeting. No member may leave the chamber while Commission is in regular session without permission from the presiding officer. 246. Making Motions. A motion presented by any member shall require a second. The presiding officer shall have the same rights and privileges of making motions as any other member. However, to do this, the presiding officer must step down from the Chair and have his/her deputy preside. COMMISSION PROCEDURE 25-7. Order of Business. The business of all regular meetings of the Commission shall be transacted in the following order, unless the Commission, by a vote of the majority of the members present, shall suspend the rules and change the order: 1. Call to Order 2. Roll Call of Members 3. Pledge of Allegiance 4. Approval of Order of Agenda 5. Approval of Minutes 6. Public Forum 67. Public Hearing -78. Close the Public Hearing 99. Old Business 410. New Business 4411. Discussion & Decision Items 4412. Committee and Department Reports X13. Adjournment The Commission will make every attempt to be as flexible as possible in the order of the agenda to make the most considerate use of time for those who must appear. On the Friday proceeding the regular Commission meeting, the Community Development Director ,.F P1a+* ffin and P@. @Iopme t will have delivered to each Commission member an agenda showing the order of business and indicating the public hearings to be anticipated and items pet4ainingt,. said ..geed., i4ems Only Commission members and staff may submit other matters for consideration under New Business at that same meeting. At each meeting, it shall be asked by the presiding officer if there are objections or are corrections to be made to the minutes of the preceding meeting, as published. 265. Precedence of Motions. When a question is before the Commission, no motion shall be entertained except: (a) to fix the hour of adjournment, (b) to adjourn, (c) to lay on the table, (d) for the previous question, (e) to continue to a certain date, (f ` t , � to amend, and (4g) to postpone indefinitely. These motions shall have precedence in the order indicated. Any such motion, except a motion to amend the motion to postpone indefinitely, shall be put to a vote without debate. 271. Motions - General. Roberts Rules of Order shall govern the meeting unless otherwise set forth in these Bylaws or changed by a majority vote of the Commission. 2839. Anonvmous Communications. Unsigned communications may '+a1 be introduced before the Commission, but the Commission is entitled to give each communication less weiWit in its deliberations. standing l�,.«..«:44.. T -hp l�1.aimi..«lGh*if id 4 ,.F41.,. (4)MMi ll 39. s. �s-gres���ss�e� n app@ 44 ......1, standing ,e,ommit4ees .. . 1.e aot-horized b ...4..44 8 C,.«.«.igsie4q 33. TJ .., A«« :«4 7 T-her...1,..11 be 414«,.,. Members ,44:414 . n,.«.«.issi,.« . :..4..7 , ARP14 standing ....MM 44......«7....s e41...«4.:.......44@rized b the n..«. «1111...« 41.p n1...:««...« d2": ,•«•�i2ii32ni1321-FViviS�B-sei� l�L...:««...« ,.F 4L,�vimimi22��&o¢acicS «.:44,.,...1...11 be F:11,.,7 :.. 1:1 A Tl.,. l�L...:««...«l�L, ..:« Ma also 1"IOYsIIOZTli01"IISCRiTRTLOIej Or—asTISA�PCRi TILVITLy the Commission, expedite the 1...«,71ing 4t -h,. 1.....: .............1 .aFF..irq ,44:414A Ce fflffljs.:..«(44.. «s:,.,. 04:414A 44HO and plae,. ,.F«.eeting to all «.,.mbpr., ,44:414A C,.«.«.iggio ff the (;:4y !4@4 (;:4 T R..«.. ,.,.« A A«,:«:..4«..4..« Pir@E4.)« ,.F 121a+i ffing and P,.. ,.1 ,.««.,.«4 and 4148Pefse« «s 1 to « to be if 4,.«,...4,.A in F... of Of O sed 4,. the «..«4:,...1..« «..d4,.«.. proposed to be Po4qqi dered r«a# Ar q «,.F,.«..,.,7 ..1...11 on! ess 4.«4ker tim@ b@ ,.«....4...7 b@ ,.,.«. i,1, r@d 1111 41.,.ugh rep E).-4,.,7 In stieh easethe eemmi#eeshall 4)44hwitlifetumte the s eer..4..«. 41.8 .1......«...«4.. «..«4..:«:«g to the «.'..44..«, ..«.1 414A «...44..« ..1...11 4..1 e its « rope .. 1.., o in the Order 34. D .«,..-4 4,. b@ in 3A7r: :acs of oonxmaws otL «41 41.. pemmi#p ..F414. .. 1.,.1,...1...11 14A i ff .. «:4:«.. .. ,.,.,1 4,.:« ,. -M-i# ... .. «.1.1,.,7 ..«,l ..1...11 «..4 be pres,..Aed 41+.. «,.pof4 A ..41 inn in tkis «..1....1...11 14..........4«.....7 4....«,.kibi4 the i«4«...7....4:..« ,.F «m:n@64.. S. 33. :.:« F R -M- ,:.1441.,. n « : 7 « 4: « 1.«,.« motion Commission may, by a mnj@6�' same «1..,.,.,1 ,..4 414..agenda. 4raffis..,.4,.,l ..f 41 —ir CODE AMENDMENTS 329. Introduction. All changes to Chapter 26 of the Code of Lawsa n ems shall be introduced in the Commission in printed or written form. All such changes shall be reviewedappfe-*i4 by the Commission in their final written form before forwarding to City Council with the Commission's recommendation regarding the same. 40 D,..:,... All Proposed ordi....«,.,.....1...11 14A F,..-....«d@d to the Cit. A#E)F e With ,...f 4)r rpA :AAA 40 ..... ur@ 6,.«f@E4 1ega4 F,.««. 4:hp 44irep4er 4 Planning and Tl,.. ,.1,.««.,.«t .,1...11 proposed to amend an @�Eistiffg Ordiffanee, sook dig@4 qlqall i4qdipa4e 414A ekange sought to 14A madp MISCELLANEOUS 3043. Privileges of Floor. No persons, except members of the Commission and Officers named in the rules and persons invited by the presiding officer of the Commission or by vote of the Commission, shall be allowed to address the Commission except as set forth in Paragraphs 31 and 34 Para 42—a4qd 4 5. 3143. Addressing the Commission under Public Forum Section of Agenda. Any citizen may address the Commission under the Public Forum section of the agenda on any subject not on the agenda or on Discussion and Decision Items. Time may be limited by the Chair. 3243. Suspension of BylawsRules. Any provision of these BylawsF4es not governed by State statute or City Code of Laws may be temporarily suspended at any meeting of the Commission by a majority vote of all those members of the Commission who are present. The vote on any such suspension shall be taken by "yes" and "no" votes and entered into the record. Any Bylawftde may be suspended by general consent if presented by the Chair and if there are no objections from any member. 3344. To Amend BvlawsRules. These Bylawsfules may be amended or new Bylawsrnles adopted by a majority vote of all members of the Commission present. Any such alterations or amendments shall be submitted in writing at the preceding regular meeting and shall be placed on the calendar under the order of "New Business. ", This requirement shall be waived only by majority consent, with a recorded vote of all members. 3443. Public Hearings. All those desiring to be heard on a particular issue at a regular public hearing before the Commission shall list their names on forms provided. This list shall be handed to the Chair. For quasi-judicial matters onlv. the Chair-Whe shall have all those so listed stand**oto attest, by sworn oath, that all evidence they present shall be the truth. The Chair shall be empowered to announce the length of time allotted to any particular case, and thereafter to enforce said time limit. Presentation and discussion of all zoning and rezoning cases, subdivision plat approvals, and any other action upon which a public hearing is required by ordinance, affE�-shall follow the following procedure: A. Upon the calling of a case, the planning staff shall give a brief presentation summarizing the action requested, introducing into the record all relevant ordinances, regulations and related materials, and briefly outlining the non - disputed facts of the case. Staffs presentation may include recommendations and findings which the Commission, at its discretion, may accept, accept in part or reject. B. Following staffs presentation, applicant shall present all facts, whether in written or testimonial form, which the apnlicanthe deems appropriate to meet his/her burden of proof. The burden of proof in any zoning or rezoning case, in any subdivision plat request, any planned development request, any special use permit request, or any other request for change wherein a public hearing is required shall be upon the applicant_ (wket er t o tea- or a tl ird pa to o.4abl:..l. tl.....*:..t....,.,. 04:414,...,.,.,1 4)r ..,.t:,..... C. Members of the PublicPre4es4a4q4s may present any evidence, whether in written or testimonial form, which they deem appropriate. Authority is hereby expressly granted to the Chair to designate or recognize a spokesman or representative for a group of-� having the same or substantially similar positions, said authority being granted solely for the purpose of expediting hearings by avoidance of repetitious presentations, and not for the purpose of limiting testimon . D. The Commission shall have the right to question all Persons testifying. Mfeeensseear aenas�easea�!e!se�ss�sfe!eeR�naa:ss�ars •Y (2) and stnamay ecio3:rexamined rbxcx¢ir E. An opportunity for brief Fe4u#i+4-Lesnonse shall be afforded applicant and staff, during which rebu#al testimony or other evidence may be presented only to address evidence presented during the case on behalf of either applicant or members of the publicpfete4agt. 9. An ,. ....Atm 4. for 1.«:4su ffl«...4:.... „l.,.ii 1.,.......48.1 Arlt t. protest..«4.. and t1.,... to sta4l", then to applieftI4. F. In the presentation of evidence, the Colorado Rules of Evidence shall not be applied, but the Commission expressly reserves to itself the right to determine the relevance and weight of all evidence presented and to limit or exclude evidence which it deems to be irrelevant, repetitious, or otherwise inappropriate or unhelpful in reaching a decision. G. Upon closing the public hearing, the Commission shall render a decision based solely upon the facts adduced and appearing upon the record of the public hearing just completed. A motion shall be made and duly seconded recommending Commission action either granting or denying the action sought, which motion shall embody the facts relied upon to sustain the action recommended. In the event a condition is sought to be imposed as a portion of the motion thus made, a right shall be granted to the applicant to briefly and succinctly respond to the proposed condition. Nothing contained in this rule shall be deemed automatically to preclude the staff from making suggestions or answering questions regarding the form of the motion thus made. Refer to Paragraph 19 for provisions on voting. 144 41.A .444 41.A me4".4. a.:'„ 40 Majefity Vote, it shall eefleltiSively be pfeStiffled that tie 824iRn has hpP,44 taken and it ..kala be required 4144 ....,.,.,...,1 mots,... «. ..,1,. b@ .. ,.,.«,l,.,l ..«,l ...1 ..«4...1 1... maj rit ...4.. indi .atin.. the ,1,.4:..:4,...,.4:,... ..:41... /« ,.......4:ng ,. re fH. ing 41.,. feEtti,.steel ,1,.,. ac4ien),aetien.' .. fevided 1.o e th a vote ..1.:,.1.,...,1„ in ,, t:,. shall ..4:4 «..4.. .. .......4� 1 t1...aE4io ff sought, and s4 li ll not .. nmot:« ..«.1 ,..4.. 41...«....« H. Upon the vote on the question being recorded, a Resolution shall be prepared by the Commission Secretary, and executed by the Chair, which Resolution shall be the official record of the Commission's action. READOPTED this 444 day of 1 1990. signed/Bii—Scott Ohm 440"4"1SCOTT OHM CHAIR Wheat Ridge Planning Commission Adopted by the Planning Commission May 1, 1980 Amended by Planning Commission May 15, 1980 Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission February 16, 1984 December 11, 1986 April 4, 1991 December 3, 1992 April 4, 2002 July 6, 2006 Amended by Planning Commission 2017 Clean version of proposed bylaws - for November 16 PC Meeting CITY OF WHEAT RIDGE PLANNING COMMISSION BYLAWS Statement of Purpose These bylaws are promulgated by the Planning Commission of the City of Wheat Ridge, Colorado, for the purpose of governing all public hearings and meetings before this body, thereby insuring that this body conducts itself in accordance with its status as a quasi-judicial, fact-finding body, and further ensuring that due process of law will be accorded to all those participating therein. By consistent interpretation of these bylaws, the above purposes will be fulfilled, and the City of Wheat Ridge and its residents will be well -served. 1. Regular Commission Meetings. The Commission shall meet in regular session on the first and third Thursday of each month at 7:00 p.m. When Thursday is a holiday, which is officially recognized by the City of Wheat Ridge, the regular meeting shall be held on the following Thursday at the same hour, unless otherwise provided for by motion. In the event there are no agenda items to be acted upon by the Commission, the Community Development Director may cancel the meeting with at least forty-eight (48) hours written notice to each member of the Commission. The place of the meeting shall be in the Municipal Complex, no regular meeting shall extend beyond 11:00 p.m., at which time the Commission shall vote to continue the meeting or to adjourn the meeting and continue all unfinished business to the next regular or special meeting. No public hearing shall be started after 11:00 PM, except upon majority vote of the Commission. 2. Special Meetings. Special meetings may be called by motion and a majority vote of the Commission at a regular meeting or may be called by the Commission Secretary on the written request of the Chair or any two members of the Commission on at least forty- eight (48) hours written notice to each member of the Commission. 3. Studv Sessions. Study sessions may be conducted for the purpose of discussion of procedures, comprehensive plan or code drafts, or other matters not presently the subject of an active land use application at the city. The Commission may give direction to staff at study sessions for the purpose of bringing matters to the Commission in a regular or special business meeting for formal action 4. Adjourned Sessions. Any session of the Commission may be adjourned or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. 5. Executive Sessions. A. An executive session of the Planning Commission may be convened only if the majority of the members of the Commission present vote publicly to hold such a session, the subject matter to be considered is one of those listed in Subsection (B) of this Section and a public announcement is made as to which category of Subsection (B) the matter concerns. B. An executive session may be convened only on the following matters: (1) Legal Consultation regarding a suit which names the Planning Commission or any of its members, has been filed against the City and has received formal written notice that suit against the City is imminent. (2) Legal Advice from the City Attorney on specific legal questions. C. The Commission Secretary shall make an audio recording of all executive sessions. Such recordings shall be closed to the public unless a majority of the Commission votes to make them available to the public. The Chair, any member of the Commission, the City Attorney, or the Community Development Director or his/her designee (in the event the Community Development Director was a participant in the executive session), may examine such tapes at any reasonable time under the direct supervision of the Commission Secretary. The Commission Secretary may also release such tapes pursuant to a valid court order in any action challenging the legitimacy of an executive session. THE PRESIDING OFFICER 6. Election of Officers. A majority vote of all members present of the Commission shall be required to elect a Chair and Vice Chair. The Chair shall be elected on an annual basis at the next regular meeting following appointments in March of each year. This shall be the first order of business after public hearings at that meeting and it shall be held by secret ballot without nomination. Until one person has received votes of a majority of all members present of the Commission, successive ballots will be taken. After selection of the Chair, the Commission shall choose one of its members as Vice Chair. The Vice Chair shall be selected in the same manner as the Chair. The same member may not serve in the same role in successive years. 7. Presiding Officer. The Chair, or in his/her absence, the Vice Chair, shall be the presiding officer at all meetings of the Commission. 8. Vice Chair. The Vice Chair shall serve as Chair during the absence or disability of the Chair and, in case of vacancy in the office of the Chair, pending the selection of a successor at the next regular meeting. 9. Temporary Chair. In the case of the absence of the Chair and Vice Chair, the most senior member of the remaining members shall act as Temporary Chair until the Chair or Vice Chair appears. 10. Decorum and Order. The presiding officer shall preserve decorum and decide all questions of order, subject to appeal to the Commission. If a member transgresses the rules of the Commission, the presiding officer shall, or any officer may, call him to order, in which case he/she shall relinquish the floor, unless permitted to explain. 11. Quorum. A minimum of five (5) Commissioners shall constitute a quorum for the transaction of business at all Commission meetings. Once the Commission Secretary makes a determination, based upon contact with Planning Commission members prior to a meeting that a quorum will not be attained, all public hearing items scheduled for that meeting shall automatically be continued to the next regular meeting. 12. Community Development Director. The Community Development Director, or his/her appointed deputy, shall attend all meetings of the Commission, unless excused by the Commission or the City Manager. He/she shall keep the Commission fully advised as to all matters related to the planning and development conditions and needs of the City. He/she may make recommendations to the Commission and may take part in discussions on all matters coming before the Commission. He/she shall have a seat, but no vote in the meetings of the Planning Commission. 13. Recording Secretary. A City employee appointed by the Community Development Director shall serve as Recording Secretary and shall keep minutes and recordings of the meetings and perform such other and further duties in the meeting as may be ordered by the Community Development Director. 14. City Attorney. The City Attorney, either in person or by deputy, shall attend meetings of the Commission at the request of the Community Development Director. An oral or written opinion to provide advice on any question of law by the City Attorney may be requested by the Commission. 15. Officers and Employees to Attend. When the Commission needs to confer with the head of any department or any officer or employee of the City on any matter relating to zoning or planning, the City Manager shall be asked to request that such officer or employee attend any regular or special meeting DUTIES AND PRIVILEGES OF MEMBERS 16. Right of Floor. When recognized by the Chair, a member shall confine statements to the question under debate, refrain from personalized assessments of the matter, and refrain from impugning the motives of any other member's argument or vote. 17. Right of Appeal. Any member may appeal to the Commission from a ruling of presiding officer. If the appeal is seconded, the member making the appeal may briefly state the reason for the same, and the presiding officer may briefly explain his/her ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then pose the question, "Shall the decision of the Chair be sustained?" If a majority of the members present vote "Yes", the ruling of the chair is sustained; otherwise, it is overruled. 18. Limitation of Debate. At his/her discretion and with consideration for time and equity, the Chair may impose limitations on the number of times or duration of time a member may speak on any one subject, particularly if all members have not yet spoken. 19. Voting. A. The vote by "Yes" and "No" shall be taken upon the passage of all motions and entered upon the minutes of the Commission proceedings. Every matter for decision before the Planning Commission shall require the affirmative vote of a majority of the members of the Planning Commission present for adoption, unless a greater number is specifically required by the Code of Laws. An abstention shall not be counted as a vote, but shall be entered into the record. B. In the event a motion fails to receive a majority vote, it shall conclusively be presumed that no action has been taken, and it shall be required that a second motion be made, seconded, and adopted by majority vote indicating the definite action (either granting or refusing the requested action). C. In case of a tie in votes on any proposal for which the Commission is required to make a recommendation to City Council, the tie shall mean no recommendation is being forwarded. In the case of a tie in votes on any proposal for which the Commission is the final deciding body, additional motions shall be required until an approval or denial is approved by a majority of votes. A motion to continue discussion to a date certain may also be made, at which meeting additional motions shall be required until an approval or denial is approved by a majority of votes. C. No member of the Commission shall vote upon any question upon which he/she believes himself to have a conflict of interest (other than the common public interest), on any question concerning his/her own conduct, or on any question upon which the remaining voting members of the Commission determine, by majority vote, that said member shall be disqualified from the hearing based upon the reasons specified herein. On all other questions, each member who is present shall vote when the question is called. Application to abstain from voting shall be made before the hearing of the case commences, or immediately upon discovery of the fact requiring abstention. The moving member shall briefly state the reason for his/her request or motion, and debate may be had on the motion. Once an affirmative vote granting or requiring abstention is recorded, the abstaining member shall take no further part in discussion or consideration of, or voting upon, the case pending. The sole reasons upon which a member may base a motion to disqualify a member are actual or apparent conflict of interest, breach of this Commission's bylaws, or breach of quasi-judicial procedures as defined herein. No member abstaining under the provisions of this Paragraph 19(C) shall be penalized for thus abstaining. A member who abstains from voting shall remove himself/herself from the hearing room until the matter has been finalized, except where a member is the applicant in a matter before the Commission, then the member may step down and participate in the presentation of his/her request and shall not retake his/her seat with the Commission until the matter is finalized by the Commission. D. Any member who was absent from a public hearing and said public hearing has not reached a conclusion, may vote on the public hearing of a previous case, provided he/she has listened to the recording of the meeting, read the minutes of the previous public hearing (if available), has familiarized himself/herself with the contents of the case file, and at the beginning of the continuation of the subject hearing, states he/she has complied with the foregoing requirements and is capable of making an informed decision in the matter. 20. Demand for Roll Call. When a vote is taken on any question before the Commission for which a roll call vote is not otherwise required and upon demand of any member, made before the question has been put, the roll shall be called for "yes" and "no" and entered upon the Minutes of the Commission proceedings. It shall not be in order for members to explain their vote during the roll call. 21. Personal Privilege. The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are assailed, questioned or impugned. 22. Attendance. All members of the Commission are expected to attend all regular and special meetings of the Commission. The Chair shall review all absences of Commission members and inform the secretary whether such absences are excused or unexcused. Where the Chair determines that a Commission member has a sufficient number of unexcused absences to constitute neglect of duty, in accordance with Wheat Ridge Code of Laws Sec. 2-53(e), the Chair shall bring the matter to the attention of the Commission under agenda item number 11, Discussion and Decision Items, and the Commission shall vote upon the matter. If the Commission finds neglect of duty, a resolution shall be adopted that informs the City Council of the Commission's findings and requests that the member be replaced. 23. Excusal During Meeting. No member may leave the chamber while Commission is in regular session without permission from the presiding officer. 24. Making Motions. A motion presented by any member shall require a second. The presiding officer shall have the same rights and privileges of making motions as any other member. However, to do this, the presiding officer must step down from the Chair and have his/her deputy preside. COMMISSION PROCEDURE 25. Order of Business. The business of all regular meetings of the Commission shall be transacted in the following order, unless the Commission, by a vote of the majority of the members present, shall suspend the rules and change the order: 1. Call to Order 2. Roll Call of Members 3. Pledge of Allegiance 4. Approval of Order of Agenda 5. Approval of Minutes 6. Public Forum 7. Public Hearing 8. Close the Public Hearing 9. Old Business 10. New Business 11. Discussion & Decision Items 12. Committee and Department Reports 13. Adjournment The Commission will make every attempt to be as flexible as possible in the order of the agenda to make the most considerate use of time for those who must appear. On the Friday proceeding the regular Commission meeting, the Community Development Director will have delivered to each Commission member an agenda showing the order of business and indicating the public hearings to be anticipated. Only Commission members and staff may submit other matters for consideration under New Business at that same meeting. At each meeting, it shall be asked by the presiding officer if there are objections or are corrections to be made to the minutes of the preceding meeting, as published. 26. Precedence of Motions. When a question is before the Commission, no motion shall be entertained except: (a) to fix the hour of adjournment, (b) to adjourn, (c) to lay on the table, (d) for the previous question, (e) to continue to a certain date, (f) to amend, and (g) to postpone indefinitely. These motions shall have precedence in the order indicated. Any such motion, except a motion to amend the motion to postpone indefinitely, shall be put to a vote without debate. 27. Motions - General. Roberts Rules of Order shall govern the meeting unless otherwise set forth in these Bylaws or changed by a majority vote of the Commission. 28. Anonvmous Communications. Unsigned communications may be introduced before the Commission, but the Commission is entitled to give each communication less weight in its deliberations. CODE AMENDMENTS 29. Introduction. All changes to Chapter 26 of the Code of Laws shall be introduced in the Commission in printed or written form. All such changes shall be reviewed by the Commission in their final written form before forwarding to City Council with the Commission's recommendation regarding the same. MISCELLANEOUS 30. Privileges of Floor. No persons, except members of the Commission and Officers named in the rules and persons invited by the presiding officer of the Commission or by vote of the Commission, shall be allowed to address the Commission except as set forth in Paragraphs 31 and 34. 31. Addressing the Commission under Public Forum Section of Agenda. Any citizen may address the Commission under the Public Forum section of the agenda on any subject not on the agenda or on Discussion and Decision Items. Time may be limited by the Chair. 32. Suspension of Bylaws. Any provision of these Bylaws not governed by State statute or City Code of Laws may be temporarily suspended at any meeting of the Commission by a majority vote of all those members of the Commission who are present. The vote on any such suspension shall be taken by "yes" and "no" votes and entered into the record. Any Bylaw may be suspended by general consent if presented by the Chair and if there are no objections from any member. 33. To Amend Bvlaws. These Bylaws may be amended or new Bylaws adopted by a majority vote of all members of the Commission present. Any such alterations or amendments shall be submitted in writing at the preceding regular meeting and shall be placed on the calendar under the order of "New Business." This requirement shall be waived only by majority consent, with a recorded vote of all members. 34. Public Hearings. All those desiring to be heard on a particular issue at a regular public hearing before the Commission shall list their names on forms provided. This list shall be handed to the Chair. For quasi-judicial matters only, the Chair shall have all those so listed stand to attest, by sworn oath, that all evidence they present shall be the truth. The Chair shall be empowered to announce the length of time allotted to any particular case, and thereafter to enforce said time limit. Presentation and discussion of all zoning and rezoning cases, subdivision plat approvals, and any other action upon which a public hearing is required by ordinance, shall follow the following procedure: A. Upon the calling of a case, the planning staff shall give a brief presentation summarizing the action requested, introducing into the record all relevant ordinances, regulations and related materials, and briefly outlining the non - disputed facts of the case. Staffs presentation may include recommendations and findings which the Commission, at its discretion, may accept, accept in part or reject. B. Following staffs presentation, applicant shall present all facts, whether in written or testimonial form, which the applicant deems appropriate to meet his/her burden of proof. The burden of proof in any zoning or rezoning case, in any subdivision plat request, any planned development request, any special use permit request, or any other request for change wherein a public hearing is required shall be upon the applicant. C. Members of the public may present any evidence, whether in written or testimonial form, which they deem appropriate. Authority is hereby expressly granted to the Chair to designate or recognize a spokesman or representative for a group having the same or substantially similar positions, said authority being granted solely for the purpose of expediting hearings by avoidance of repetitious presentations, and not for the purpose of limiting testimony. D. The Commission shall have the right to question all persons testifying. E. An opportunity for brief response shall be afforded applicant and staff, during which testimony or other evidence may be presented only to address evidence presented during the case on behalf of either applicant or members of the public. F. In the presentation of evidence, the Colorado Rules of Evidence shall not be applied, but the Commission expressly reserves to itself the right to determine the relevance and weight of all evidence presented and to limit or exclude evidence which it deems to be irrelevant, repetitious, or otherwise inappropriate or unhelpful in reaching a decision. G. Upon closing the public hearing, the Commission shall render a decision based solely upon the facts adduced and appearing upon the record of the public hearing just completed. A motion shall be made and duly seconded recommending Commission action either granting or denying the action sought, which motion shall embody the facts relied upon to sustain the action recommended. In the event a condition is sought to be imposed as a portion of the motion thus made, a right shall be granted to the applicant to briefly and succinctly respond to the proposed condition. Nothing contained in this rule shall be deemed automatically to preclude the staff from making suggestions or answering questions regarding the form of the motion thus made. Refer to Paragraph 19 for provisions on voting. H. Upon the vote on the question being recorded, a Resolution shall be prepared by the Commission Secretary, and executed by the Chair, which Resolution shall be the official record of the Commission's action. READOPTED this day of , signed/Scott Ohm SCOTT OHM, CHAIR Wheat Ridge Planning Commission Adopted by the Planning Commission May 1, 1980 Amended by Planning Commission May 15, 1980 Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission Amended by Planning Commission February 16, 1984 December 11, 1986 April 4, 1991 December 3, 1992 April 4, 2002 July 6, 2006 , 2017