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HomeMy WebLinkAboutZOA-18-01Final Adopted Sign Code A Effective May 11, 2018 City of "�Wheatl dgle COMMUNITY DEVELOPMENT ARTICLE VII. - SIGN CODE Contents Sec. 26-701. - Intent and purpose...................................................................................................1 Sec. 26-702. - Definitions.................................................................................................................. 2 Sec. 26-703. - Enforcement and penalties..................................................................................... 5 Sec. 26-704. - Contractor's license required.................................................................................. 5 Sec. 26-705. - Permit required.........................................................................................................5 Sec. 26-706. - Non -conforming signs.............................................................................................6 Sec. 26-707. - General provisions/performance standards......................................................... 6 Sec. 26-708. - Miscellaneous provisions........................................................................................8 Sec. 26-709. — Permitted Sign Types...........................................................................................10 Sec. 26-710. — Permanent Sign Standards.................................................................................11 Sec. 26-711. — Temporary Sign Standards..................................................................................15 Sec. 26-712. - Billboards; specifications and regulations..........................................................17 Sec. 26-701. - Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe, B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians, C. To facilitate easy, safe and pleasant communication between people and their surroundings, D. To conserve the character and economic value of buildings and neighborhoods, E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves, F. To encourage the erection of signs which are legible in their surroundings 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. Sec. 26-702. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animatedsign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, mechanical or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are barber shop poles. 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 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 fifteen (15) 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 sign. 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. 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 signs that utilize computer-generated messages or some other electronic means of changing copy, including displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Messages shall be static and a change in message shall be instantaneous. 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. Directional sign. Afreestanding orwall-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. Page 2 Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities including a moving light or lights. Flashing signs are prohibited. 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. Where the regulations allow "one sign per major interior drive," the intent is that the sign allowed is placed upon or facing the major interior drive, unless specifically otherwise permitted. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off -premise sign. A commercial sign advertising a land use, business, product or service not located or available as the primary business, product or service upon the premises whereon the sign is located. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Pennant, streamer, and other similar devices. A sign made of flexible materials intended to create a visual attraction through movement. 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, or is deemed 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. 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. Page 3 Sign setback. The total distance between the property line and the leading edge of the sign face Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Signs carried by persons. Any sign, which is carried or worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business. 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. Sign oriented to a drive-through lane. A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. Size of sign. When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one (1) of the two (2) faces. For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For a sign comprised of individual letters, figures or elements on a wall of a building or surface of a structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which form or approximate the perimeter of all elements in the display, the frame and any applied background that is not part of the architecture of the building or structure. When separate elements are organized to form a single sign but are separated by open space, the sign are and dimensions shall be calculated by determining the geometric form, or the combination of forms, which comprises all of the display areas, including the space between different elements. For a freestanding sign, the sign area shall include the frame, if any, but shall not include the pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display, or part of a display device. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building, or structural forms completing the site in general shall also not be in the sign area. 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, wall sign, or blade sign. 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. Page 4 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. 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: A. Unsafe signs and 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. B. Signs which are prohibited pursuant to this article may be removed after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located C. In the discretion of the enforcement officer a sign which is otherwise not in compliance with this article may be removed upon sixty (60) days prior notice. Sec. 26-704. -Contractor's license required. A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) Sec. 26-705. - Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed 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 Community Development Director may require additional submission information in connection with a specific application. C. 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. D. 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. E. The property owner, principal lessee, or authorized agent of the platted or otherwise recognized as legally developable parcel shall be the same person applying for the sign permit. Documentation shall accompany the permit for verification. F. A copy change with no modifications to the sign structure, support, cabinets, electricity, or other features shall be exempt from building permit. Page 5 Sec. 26-706. - Non -conforming signs. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. 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. C. Non -conforming electronic changeable copy signs. Such signs which are made non -conforming by the adoption of Ordinance 1641 shall be brought into conformance with the requirements of this article on or before May 11, 2019. Sec. 26-707. - General provisions/performance standards. A. Sight distance triangle. No sign is allowed which would violate the sight distance triangle requirements of section 26- 603.13. 2. At signalized intersections, where both streets are collectors and/or arterials, 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 of State Highway and Transportation Officials (AASHTO). B. Location of signs. 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 property/building owner, or principal lessee of the property/building on which the sign is placed. Page 6 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 or above 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, or licensed sign, and c. Signs permitted under the criteria in section 26-708. F. 3. 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. 4. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by the public works director pursuant to this article. 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. 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. E. Compliance with building codes. 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 bythe 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. 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. Page 7 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. 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. The nighttime illumination of changeable copy signs shall conform with the following criteria: a. Illumination measurement methods shall be consistent with established city policy. 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. 1. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. Sec. 26-708. - Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26-639 of the Code of Laws and established city policy. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Section 21-124 of the Code of Laws. 2. Signs located on a bus stop shelter shall be in conformance with Section 21-151 of the Code of Laws. 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. 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. Page 8 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, industrial -employment, mixed use, or planned development 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 a pole sign, and k. 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. 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 XII and/or XIII 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. Page 9 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 article 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 signage, both permanent and temporary, for residential uses with three (3) or more attached dwelling units. 3. 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. D. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 711. Table 2. Temporary Signs by Land Use Table 1. Permanent Signs by Land Use Low Density Residential Use Type of Sign Low Density Residential Use Multifamily Residential Use Nonresidential 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 P P Changeable copy NP NP P Directional NP P P Flag P P P Freestanding L P P Off -premise NP NP NP 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. Table 2. Temporary Signs by Land Use Type of Sign Low Density Residential Use Multifamily Residential Use Nonresidential Use Balloon or inflatable NP P P Banner NP P P Pennant, streamer, and similar devices NP P P Portable NP P P Page 10 Signs carried by persons P P P Yard — Small P P P Yard — Large 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 -1A, R-1 B, R -1C, R-2, R -2A R-3, R -3A, PRD), 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), Industrial Employment (I -E), and Planned Developments including PCD, PID, PHD, and PMUD. 5. With the exception of billboards permitted under section ##, no permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an established primary use. r_�151007M IM,, 074M 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. 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 or major interior drive 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 signs. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) 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: Page 11 a. May not extend above the top of the wall or parapet, not to be roof mounted. b. 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 blade signs are allowed on the same wall. c. Blade signs should not be located closer than twenty-five (25) feet apart unless the signs work 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 shall 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 signs. 1. 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 signs 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. Messages shall be static and a change in message shall be instantaneous. 2. Prohibition: Changeable copy signs are not be permitted in the MU -N district or the MU -C TOD sub -district. 3. Maximum number: 1 per street frontage, but no more than 2 per development 4. Maximum size: a. In residential zone districts, a maximum of 32 square feet per sign b. In nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710. G. and 26-710. K.) apply. 5. 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 6. Location: For freestanding changeable copy signs, the minimum setback is 5 feet from any property line 7. The time lapse between the change in information shall not be less than eight (8) seconds. H. Directional signs. 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. Page 12 I. Flag. 1. Definition: Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. 2. Maximum flagpole height of 35 feet. Freestanding signs. 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 authorization required: Building permit applications for single tenant signs on multitenant properties shall include property owner authorization with the building permit application. 3. Design: a. For new development or total redevelopment new pole signs shall not be allowed, unless the development is located within '/a mile of the interstate and a highway -oriented sign is proposed. b. The base of a freestanding monument sign shall be consistent with the materials of the building with which it is associated. c. For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. d. When not associated with new development or total redevelopment, pole signs are permitted, but strongly discouraged. 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 frontages, 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. b. Where multiple signs are permitted because of multiple street frontages, the signs may be erected on the same street frontage. c. For double-faced signs, each sign face can have the maximum square footage allowed. 5. For low density residential uses: a. Not permitted, except for as allowed by the home occupation regulations. 6. For multifamily uses: a. Maximum number: 1 per street frontage, no more than 2 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, no more than 2 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 number: 1 per street frontage, no more than 2 b. Maximum size: Based upon Table 3 below. c. 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 d. 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 mile of an interstate highway measured from the property line Page 13 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 (3D) 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. K. Signs oriented to a drive-through lane. 1. Definition: A freestanding or wall -mounted sign, oriented predominately towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum size: 35 square feet per drive-through lane 3. Maximum height: Six (6) feet 4. Additional standards a. May be illuminated by internal light only. b. Must be screened from the right-of-way such that signs do not violate section 26-707.D. L. Traffic control or regulatory signs. 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. M. Wall or painted signs. 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 fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered wall signs. 2. Maximum size: a. Total size for any single or combined wall sign is no larger than 1 square foot for every linear foot of the side of the building to which it is affixed. 3. Location: a. Signs may only be affixed to walls which face public streets or major interior drives, as determined by the community development director Page 14 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. c. For uses which have a rear entry or delivery door, 1 nonilluminated wall sign not to exceed four (4) square feet per tenant is permitted. d. 4. 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. 5. 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. 6. Additional standards a. 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. N. Window or door signs. 1. Definition: 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. 2. Maximum size: Sign shall not obstruct more than 25 percent of the door or window area 3. Additional standards: a. 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: a. One (1) temporary sign per business may be placed on eligible property at any given time. b. This limitation on maximum number of temporary signs shall take effect on May 11, 2019. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits. OF h71.... ENTF.T.70 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 25 feet above existing grade. 3. Location: May not be located within the public right-of-way. 4. Additional standards: a. 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 not permitted. b. Notwithstanding any other provision of this article, balloon or inflatable signs may be maintained for no longer than 30 consecutive days within any calendar year. 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. Page 15 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. D. 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. G. Signs carried by persons. 1. Definition: Any sign, which is carried or worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business 2. Maximum size: 6 square feet per side. 3. Location: Permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety. Signs shall be limited to the exterior edges of the right-of- way, and completely outside of the vehicular and bicycle travel lanes. Shall be located behind the outermost curb and gutter, not impede pedestrian traffic, and are completely prohibited to be stationed in any median, island, or other refuge within the right-of-way. H. Yard — small. 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 number: a. For all nonresidential uses: Limit of 1 per business b. For all residential uses: No limit 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. I. Yard —large. 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. Page 16 2. Maximum number: 1 per street frontage or major interior drive, not to exceed 2 3. 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 4. Minimum setback: 5 feet 5. Maximum height: Shall not exceed 7 feet in height 6. 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 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DURAN COUNCIL BILL NO. 08 ORDINANCE NO. 1641 Series 2018 TITLE: AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS. WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in June of 2015 the Supreme Court of the United States decided the case of Reed v. Town of Gilbert, Arizona; and WHEREAS, the Supreme Court's decision held the Town of Gilbert's sign code unconstitutional due to its regulation of signs by their content; and, WHEREAS, this decision has a significant impact on all local government sign codes throughout the nation, including the City of Wheat Ridge sign code;.and . WHEREAS, .the City Council finds it necessary.. to update the Wheat Ridge, Code of Laws. to ensure Article VI I, -Chapter 26 is constitutional in. light .of. the. Supreme Court decision; WHEREAS; it is. necessary and appropriate for;the City of periodically update and modernize sign regulations to be consistent with current industry standards; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-701.F..(Intent and purpose.) of the Code is amended to read:. F. To encourage the erection of signs which are legible in their surroundings AND compatible with the -visual character of the surrounding, .�nnTry._.te to the a et"aoi}ieTi'QeTTL, and77TGQ• �P P Section 2. Section 26-702 (Definitions:), of the; Code .is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-702. — Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section; Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, mechanical or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are barber shop poles. 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 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 t(Y signify the presence -of- an establishment within'Which the-practiceof barbering is engaged-ar:carried out. Billboard. Any sign in excess' of fifty, (50)' square feet in 'size oriented to the interstate highway -utili'zed--to advertise a product 'or service that is nbt 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 t'han'fifteen (15) 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 sign. 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. 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 signs that utilize computer-generated messages or some other electronic means of changing copy, including displays using incandescent lamps, _ LEDs, LCDs ora flipper matrix. Messages shall be static and a change in message shall be instantaneous. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels sir 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. Directional sign. A freestanding 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,"parkiing limitations or location' of onsite. buildings or, facilities. Directional signs .shall be clearly incidental tothe primarysignage 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 isilluminated with, intermittent lighting, animated lighting or with. varying intensities. including a.moving light or lights. Flashing signs are prohibited, . 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 sigp..&sign that:is illuminated'with con stant,intensrties pf.light of a non -varying _nature There are Three (3),types ofillurnmated lights as follows: (a) Direct. 'Lig_hting by mean5:.of an unshielded light source which is effectively visible as a part of The sign. Neon lighting is considered direct lighting..,- (b) Indirect I -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 o'r survey map or by metes and bounds, for,the purpose of -sale, lease or use. Major interfor 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. Where the regulations allow "one sign per major interior drive," the intent is that the sign allowed is placed upon or facing the major interior drive, unless specifically otherwise permitted. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off -premise sign. A commercial sign advertising a land use, business, product or service not located or available as the primary business, product or service upon the premises whereon the sign is located. Painted sign. A sign that is painted directly onto -the exterior surface -of- a building, wall or structure. Pennant, streamer, and other similar devices. A sign made 'of flexible materials intended to create a visual attraction through movement. 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, or is deemed necessary for.public .information. Revolving sign. A sign utilizing.an axis point to pivot the sign surface. Roof sign. A sign erected, 1constructed 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. 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 setback. The total distance between the property line and the leading ed.ge.of the sign face. Sign structure. Any supports, uprights, braces or framework'.of a sign which does not include any portion of the..sign message. Signs carried by persons. Any signwhich is carried or worn -by any person, typically in or .along the right-of=way for- the purpose of attracting and directing traffic to a particular place of business. 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. Sign oriented to a drive-through lane. A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. Size of sign. When two (2) identical sign faces are placed back to back so that both faces cannot be viewedfrom any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one (1) of the two (2) faces. For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such -background or frame. ' For a sign comprised of individual letters, figures or elements on -a wall of a building.or surface of a structure, -the area and dimensions of thesign shall :encompass a regular geometric.- shape (rectangle; -circle, trapezoid; triangle, etc:) or'' a combination of regular rgeometric shapes,'which form 'or approximate the perimeter of all, elements in the display, -the frame and any - applied background that is not pact of the architecture of the. building or structure. When separate elements are organized. to. form a single sign. but are separated by open space, the sign are and dimensions shall be calculated by determining the geometric form, or the combination of forms, which comprises all of the display areas, including the space between different elements. For -a freestanding sign, the sign area shall include the frame, if any, but shall not include the pole or. other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display, or part of a display device. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part -of the sign, and which may'consist of'landscaping, building, or structural forms completing the site in general shall also not be''in the sign area. 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 fora 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,. wall sign, or blade -sign. Traffic and regulatory signs. Signs, signals or markings placed or 'erected by federal, state or local allthority-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. Section 3. Section .26-703 (Enforcement and penalfies.) of .the Code is hereby repealed in its. entirety. and reenacted to read as follows: Sec. 26-703. — Enforcement and penalties: Enforcement and penalties_ shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth insection 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs: A. Unsafe signs and 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. B. Signs which are prohibited pursuant to .this article may be removed after .posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located. C. In the discretion of the enforcement officer a sign which is otherwise not in compliance with this article, may be removed upon sixty (60) days prior notice. Section 4. Section 26-706 (Permit required) of the Code is hereby amended as follows: 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. advised that cigns met he fabFin ted permit a ISSk#BeFe�6� ,�''�:�R�o�crrcrc-agrr,�-rrr�roc-Tssurro�ica� THE COMMUNITY DEVELOPMENT DIRECTOR MAY REQUIRE ADDITIONAL SUBMISSION INFORMATION IN CONNECTION WITH A SPECIFIC APPLICATION. C. 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. 6 D. 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. E. THE PROPERTY OWNER, PRINCIPAL LESSEE, OR AUTHORIZED AGENT OF THE PLATTED OR OTHERWISE RECOGNIZED AS LEGALLY DEVELOPABLE PARCEL ON WHICH THE SIGN WILL BE LOCATED SHALL BE THE SAME PERSON APPLYING FOR THE SIGN PERMIT. DOCUMENTATION SHALL ACCOMPANY THE PERMIT FOR VERIFICATION. F. A COPY CHANGE WITH NO MODIFICATIONS TO THE SIGN STRUCTURE, SUPPORT, CABINETS, ELECTRICITY, OR OTHER FEATURES SHALL BE EXEMPT FROM BUILDING PERMIT. Section 5. Section 26-706 (Nonconforming signs.) of the Code is amended as follows: A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. m Y1 Ped /�RUSe Prir_�r e-regu+ri'r+@ Nil Eemplian with these F � g � la +GTeFiI 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its ""+r��cwe th 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. B. Discontinued business, etc. Whenever a use of land and/or building using an identification sign is discontinued, except for seasonal uses pursuant to subsection A.2., above, the sign shall be removed or obscured by the person owning the property within thirty (30) days after the discontinuance of such use. Any such sign which is nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. C. NON -CONFORMING ELECTRONIC CHANGEABLE COPY SIGNS. SUCH SIGNS WHICH ARE MADE NON -CONFORMING BY THE ADOPTION OF ORDINANCE <##> SHALL BE BROUGHT INTO CONFORMANCE WITH THE REQUIREMENTS OF THIS ARTICLE ON OR BEFORE <DATE, 2019>. Section S. Section 26-707 (General provisions/performance standards.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-707. — General provisions/performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26-603.B. 2. At signalized intersections, where both streets are collectors and/or arterials, 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 of 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.E must be owned by the property/building owner, or principal lessee of the property/building 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 or above 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, or licensed sigh; and c. Signs permitted under the criteria in section 26-708.E. 3. 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. 4. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by the public works director pursuant to this article. 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. 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. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards-. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code,- and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. - 1. Notwithstanding the provisions of section 26-631, any merchandise 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, maybe 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. 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. The nighttime illumination of changeable copy signs shall conform with the following criteria: a. Illumination measurement methods shall be consistent with established city policy. ,. 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. i. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed ore repaired. Section 7. Section 26-708 (Miscellaneous provisions.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-708. — Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26-639 of the Code of Laws and established city policy. B. Signs located on bus benches and -bus stop shelters. 1. Signs located on bus benches shall be in conformance with Section 21-124 of the Code of Laws. 2. Signs located on a bus stop shelter shall be in conformance with Section 21-151 of the Code of Laws. Such signs shall be limited to two (2) faces per shelter with a maximum of twenty-four (24) square feet perface. C. Home Occupations ii. Home occupation's must comply with Section 26-613 of the Municipal Code. iii. 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, industrial -employment, mixed use, or planned development 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 26-603.6; j. The sign is not pole sign; and k. 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 aright -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. 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 XII and/or XIII of Chapter 11 may be installed or located until reviewed and approved by the city. See sections 117296, 11-306, 11=406 and 11-417. Section 8. Section 26-709 (Residential, agriculture. and public facilities zone districts sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-789. — 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 article only, the following definitions shall apply: 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 signage, both permanent and temporary, for residential uses with three (3) or more attached dwelling units. 3. 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 Low Density Multifamily Nonresidential Type of Sign Residential Residential Use 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 P P _ _ Changeable copy NP NP P ' Directional NP P P Flag— _ _ P P P Freestanding—L _`_ P. P j Off -premise NP NP NP Roof NP NP NP _ Sign oriented to a NP NP P drive-throu, h lane I Traffic control or P P P regulatory _ Vehicle P P P Wall or painted L P P j 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. Table 2. Temporary Signs by Land Use 'Type of Sign Low Density Multifamily Nonresidential Residential Residential Use Use Use Balloon or inflatable NP P� P P _ P Banner NP P P Pennant, streamer, NP and similar devices Portable NP P P Signs carried by P P P Yard — Small P P P Yard — Large L L L Section 9. Section 26-710 (Commercial, industrial and mixed use zone districts sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Section. 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, PRD), 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), Industrial Employment (I -E), and Planned Developments including PCD, PID, PHD, and PMUD. 5. With the exception of billboards permitted under section 26-712, no permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an established primary use. B. Address Numbers. 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. 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. 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 or major interior drive 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 signs. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) 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: a. May not extend above the top of the wall or parapet; not to be roof mounted. b. 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 blade signs are allowed on the same wall. c. Blade signs should not be located closer than twenty-five (25) feet apart unless the signs work 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 shall 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. F. 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 signs. 1. 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 signs 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. Messages shall be static and a change in message shall be instantaneous. 2. Prohibition: Changeable copy signs are not be permitted in the MU -N district or the MU -C TOD sub -district. 3. Maximum number: 1 per street frontage, but no more than 2 per development 4. Maximum size: a. In residential zone districts, a maximum of 32 square feet per sign b. In nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710.J. and 26-7101.) apply. 5. 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.J. and 26-7101.) apply 6. Location: For freestanding changeable copy signs, the minimum setback is 5 feet from any property line 7. The time lapse between the change in information shall not be less than eight (8) seconds. H. Directional signs. 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. 1. Flag, 1. Definition: Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. 2. Maximum flagpole height of 35 feet. J. Freestanding signs. 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 authorization required: Building permit applications for single tenant signs on multitenant properties shall include property owner authorization with the building permit application. 3. Design: a. For new development or total redevelopment new pole signs shall not be allowed, unless the development is located within Y4 mile of the interstate and a highway -oriented sign is proposed b. The base of a freestanding monument sign shall be consistent with the materials of the building with which it is associated. c. For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. d. When not associated with new development or total redevelopment, pole signs are permitted, but strongly discouraged. 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 frontages, 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. b. Where multiple signs are permitted because of multiple street frontages, the signs may be erected on the same street frontage. c. For double-faced signs, each sign face can have the maximum square footage allowed. 5. For low density residential uses: a. Not permitted, except for as allowed by the home occupation regulations. 6. For multifamily uses: a. Maximum number: 1 per street frontage, not to exceed 2 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, not to exceed 2 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 number: 1 per street frontage, not to exceed 2 b. Maximum size: Based upon Table 3 below. c. Minimum setback: Based upon height and adjacent zoning: L 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 d. 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'/ mile 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 SignI 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 60 s.f. plus 1 s.f. per each additional s.f. 50 s.f. of floor area over 1,501. 40 s.f. of floor area over 1,501. 5,001— 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of 50,000 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 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. to a maximum size of 400 s.f. In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station 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 one (1) non -illuminated sign not to exceed two (2) square feet in size. 10.3D signs: Three-dimensional (3D) 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. K. Sign oriented to a drive-through lane. 1. Definition: A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum size: 35 square feet per drive-through lane 3. Maximum height: Six (6) feet 4. Additional standards a. May be illuminated by internal lighting only. b. Must be screened from the right-of-way such that signs do not violate section 26-707.D. L. Traffic control or regulatory signs. 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. M. Wall or painted signs. 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 fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered wall signs. 2. Maximum size: a. Total size for any single or combined wall sign is no larger than 1 square foot for every linear foot of the side of the building to which it is affixed. 3. Location: a. Signs may only be affixed to walls which face 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. c. For uses which have a rear entry or delivery door, 1 nonilluminated wall sign ndt to exceed four (4) square feet per tenant is permitted. 4. 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. 5. 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 one (1) non -illuminated sign not to exceed two (2) square feet in size_ 6. Additional stancjartls; a. Building wall'signs shallcomplement the building's architecture and fit within the architectural features of the facade so they do not overlap windows or columns. N. Window or door signs: 1. Definition: Any signor 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. Additional standards, a. The material, installation and/or size of window or door signs shall not negatively affect compliance with the transparency standards established in Article Xl. Mixed Use Zone Districts and in the Architectural and Site. Design Manual. b. The interior application of a solid, dark color on back of house windows shall not be considered window or door signs and shall be permitted. Section 10. A new Section 26-711 of the Code is hereby inserted as follows: 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: a. One (1) temporary sign per business may be placed on eligible property at any given time. b. This limitation on maximum number of temporary signs shall take effect on DATE, 2019>. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits. B. Balloon or inflatable. 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 25 feet above existing grade. 3. Location: May not be located within the public right-of-way. 4. Additional standards: a. 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 not permitted. b. Notwithstanding any other provision of this article, balloon or inflatable signs may be maintained for no longer than 30 consecutive days within any calendar year. 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. D. Pennant, streamer, and other similar device. 1. Definition: A sign made of flexible materials intended to create a visual attraction through movement. 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. G. Signs carried by persons., 1. Definition: Any sign, which is carried or.worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business. 2. Maximum size: 6 square feet per side. 3. Location: Permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety as determined by the Director of Public Works or Chief of Police or their designee. Signs shall be limited to the exterior edges of the right-of- way, and completely outside of the vehicular and bicycle travel lanes. Shall be located behind the outermost curb and gutter, not impede pedestrian traffic; and are completely prohibited to be stationed in any median, island, or other refuge within the right -of -way. - H. Yard —small. 1. Definition: A temporary, ground -mounted, portable sign constructed of paper, vinyl., plastic, wood, metal or other comparable material,. and designed orintended to be displayed fora limited period of .time 2. Maximum number a. For all nonresidential uses: Limit of 1 per business b. For all residential uses: No limit 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. I. Yard —large. 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 fora limited period of time. 2. Maximum number: 1 per street frontage or major interior drive, not to exceed 2 3. 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 4. Minimum setback: 5 feet 5. Maximum height: Shall not exceed 7 feet in height 6. Location: Allowed only on properties with active listings for sale or for rent,'or on properties with active building permits. Also allowed for urban gardens. Section 11. The existing Section 26-711 (Billboards.) of the Code is renumbered as Section 26-712 (Billboards). Section 12. The remaining Sections 26-713 through 26-800 are reserved for future enactment. Section 13. Subsection 26-613.A.5. (Home occupations.) of the Code is hereby amended as follows: 5. Each home occupation is permitted to have one non -illuminated sign up to 2 square feet in size. The sign may be freestanding or wall -mounted. See ce^tieh 26 '^O ARTICLE VII, CHAPTER 26. Section 14. Subsection 11-296(a). (Application for license.) of the Code is hereby amended as follows: (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional information required by the Colorado Medical Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed or located on the property until approved by the city. See seetien 26'^8.H..ARTICLE VII, CHAPTER 26. Section 15. Subsection 11-406(a): (Application for license.) of the Code is hereby amended as follows: (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional .information required by the Colorado Retail Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed or located on the property until approved by the city. See re^}'�v ien 26 7n� ARTICLE VII, CHAPTER 26. Section 16. Severability. Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be.deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All. other ordinances or parts of ordinances in conflict With the provisionsof this Ordinance are hereby repealed. Section 17. Effective Date. This ordinance shall take effect fifteen (15). days after final publication, as provided. by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0, this 9th day of April, 2018 and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, .and. Public Hearing and.. consideration on final .passage. -set for April 23,2018 at 7:00 p.rri., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final readying by a vote of 7 to 0, this 23rd day of April, 2018 SIGNED by the Mayor on this 2nd day"of May 2018. Bud Starker, Mayor ATTEST: J�bIle Shaver, City Clerk �0�0RAd� Appyc6v-Was to " tm Gerald E. Dahl, City Attorney First Publication: April 12, 2018 Second Publication:, -April 26, 2018 Wheat Ridge Transcript: Effective Date: may - 11, 7-0 1 s F, 14 V*1�1. PY-, i) L) V" City of WheatRiidge AV., 0 Lle `7 TEM NO: L �Q DATE: April 23, 2018 REQUEST FOR CITY COUNCk ACTION lam., TITLE: COUNCIL BILL NO. 08-2018 - AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS (CASE NO. ZOA-18-01) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (04/09/2018) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (04/23/2018) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES ® NO I O%V-= Community Developnient Director City Manager ISSUE• In June of 2015, the United States Supreme Court decided the case of Reed v. Town of Gilbert, Arizona. This decision, which held the Town of Gilbert's sign code unconstitutional, has a significant impact on local government sign codes throughout the nation. In brief, signs cannot be regulated by their content, so sign codes must be modified to regulate signage utilizing time, place and manner standards. This has prompted cities nationwide, including the City of Wheat Ridge, to evaluate their signs codes and make amendments to ensure they are constitutional. The City found it advantageous to also use this opportunity to update the Code with modern standards, correct longstanding typographical errors, clarify enforcement language, and reaffirm former policy directions on signs. PRIORACTION: Planning Commission heard the request at a public hearing on March 15, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Council Action Form — Sign Code Ordinance April 23, 2018 Page 2 BACKGROUND: In May 2017, staff briefed City Council on the Reed v Town of Gilbert decision by the Supreme Court and how that ruling impacted the City's sign code. Also at that meeting staff asked for direction on several other sign -related items, and Council provided input on additional items they wanted to see addressed, including blade signs, iconic (3D) signs, temporary signs, and illumination. In October 2017, staff presented Council with a sign code draft and requested further direction on several issues. Staff presented the same code draft and Council's input to the Planning Commission in November 2017 for additional input. Due to the complexity of some issues, conflicting input from City Council and Planning Commission, and with a newly seated Mayor and Councilmember, staff took Planning Commission's recommendations to City Council in December 2017 for a final round of "checks and balances" to consider some of the conflicting input before finalizing a draft for public hearings. The enclosed ordinance represents a culmination of the input provided throughout 2017. The proposed changes have not altered any specific development standards (height, size, setbacks, etc.) for existing sign types. However, some sign types that are content -based categories (e.g. real estate, political, and community event signs) have been removed and reorganized into different categories that are not content based. The proposed ordinance aligns the existing development standards with the new generalized sign categories as best as possible. In addition to the content -based "scrub" of the code, other amendments include, by way of example: • Definitions — added and updated definitions as necessary • Illumination — added lighting standards, including a standard applying to changeable copy LED signs and requiring they automatically dim after dark • Temporary signs — this section was modernized to reflect several new types of temporary signs, to ease enforcement, a maximum of one temporary sign is proposed to be allowed and this is proposed to not be effective until one year after adoption • Signs carried by persons — this was added to the Code and said signs would be permitted on private property and in public street rights of way, provide they don't create a traffic safety hazard • Iconic 3-dimensional signs — this was added to the code and they are now permitted on commercial properties • Billboards — no changes were made • Yard signs — eliminated numerous content based references and on residential properties, there is no limit proposed to the number of "small" yard signs At the request of the billboard industry, staff met on April 17 with several representatives of billboard advertising companies, as well as their state lobbyist. They had previously voiced concerns whether the City's proposed sign code changes to comply with Reed vs. Gilbert might create any exposure for the City to see an increase of "billboard -like" signs on some of the City's commercial arterial roadways where billboards are not generally permitted. Specifically, they Council Action Form — Sign Code Ordinance April 23, 2018 Page 3 expressed concern that the removal of language pertaining to "off -premise" signs might create that exposure. It is correct that the draft ordinance removes the previous prohibition of off -premise signs at the advice of the City Attorney. By definition, to determine if a sign is "off premise" one is required to read its content, which violates the content neutrality requirement of the Reed vs. Gilbert Supreme Court decision. Staff has also wanted to protect against the potential for these off_ premise "billboard -like" signs, and to that end has proposed language in Section 4 of the ordinance which requires that the application for a sign permit be the "propertylbuilding owner or principle lessee", in other words, not a third party billboard company. Staff is recommending additional language to this section to further communicate this requirement and make additionally clear that a small parcel could not be sold or leased to a billboard company from a larger parcel. Staff recommends the following be added to Section 26-705.E: "The property4n4ld4igowner, principal lessee, or authorized agent of the PLATTED OR OTHERWISE RECOGNIZED AS LEGALLY DEVELOPABLE PARCEL pr-epertiik1ing on which the sign will be located shall be the same person applying for the sign permit. Documentation shall accompany the permit for verification." It should also be noted that in Section 9 of the ordinance, Section 26-710.A.5 (Permanent Sign Standards) states the following: "With the exception of billboards permitted under section 26-712, no permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an established primary use." This language prevents a vacant commercial lot from being used solely for the purpose of signage, which could result in a "billboard -like" sign being erected on vacant property. Staff believes these approaches adequately address the substantive concerns the billboard industry has called to our attention. RECOMMENDATIONS• Staff recommends approval of the ordinance. We are recommending the language noted above be included as a condition of approval in Council's motion. RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2018, an ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws concerning sign regulations (Case No. ZOA-18-01), on second reading and that it take effect 15 days after final publication, with the following condition: 1. Strike and insert in Section 4 of the ordinance and Section 26-705.E of the Code, "The propertyixg owner, principal lessee, or authorized agent of the PLATTED OR OTHERWISE RECOGNIZED AS LEGALLY DEVELOPABLE prep PARCEL..." Or, Council Action Form — Sign Code Ordinance April 23, 2018 Page 4 "I move to postpone indefinitely Council Bill No. 08-2018, and ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws concerning sign regulations, for the following reason(s): REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2018 2. Planning Commission Staff Report 3. Planning Commission Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DURAN COUNCIL BILL NO. 08 ORDINANCE NO. Series 2018 TITLE: AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in June of 2015 the Supreme Court of the United States decided the case of Reed v. Town of Gilbert, Arizona; and WHEREAS, the Supreme Court's decision held the Town of Gilbert's sign code unconstitutional due to its regulation of signs by their content; and, WHEREAS, this decision has a significant impact on all local government sign codes throughout the nation, including the City of Wheat Ridge sign code; and WHEREAS, the City Council finds it necessary to update the Wheat Ridge Code of Laws to ensure Article VII, Chapter 26 is constitutional in light of the Supreme Court decision; and WHEREAS, it is necessary and appropriate for the City to periodically update and modernize sign regulations to be consistent with current industry standards. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, .COLORADO: Section 1. Subsection 26-701.F. (Intent and purpose.) of the Code is amended to read: F. To encourage the erection of signs which are legible in their surroundings AND compatible with the visual character of the surrounding; annrnr.riate to the arAivities identified; and Section 2. Section 26-702 (Definitions.) of the Code is hereby repealed in its entirety and reenacted to read as follows: ATTACHMENT 1 Sec. 26-702. — Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, mechanical or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are barber shop poles. 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 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 fifteen (15) 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 sign. 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. Changeable copy sign. A sign, either illuminated or non -illuminated, which is designed so that the message or any part of the message may be 2 periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every eight (8) seconds. This includes signs that utilize computer-generated messages or some other electronic means of changing copy, including displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Messages shall be static and a change in message shall be instantaneous. 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. Directional sign. A freestanding 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 including a moving light or lights. Flashing signs are prohibited. 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 non -supporting 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. 3 (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. Where the regulations allow "one sign per major interior drive," the intent is that the sign allowed is placed upon or facing the major interior drive, unless specifically otherwise permitted. 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 devices. A sign made of flexible materials intended to create a visual attraction through movement. 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, or is deemed 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. 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 setback. The total distance between the property line and the leading edge of the sign face. EI Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Signs carried by persons. Any sign, which is carried or worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business. 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. Sign oriented to a drive-through lane. A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. Size of sign. When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one (1) of the two (2) faces. For a sign which is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For a sign comprised of individual letters, figures or elements on a wall of a building or surface of a structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which form or approximate the perimeter of all elements in the display, the frame and any applied background that is not part of the architecture of the building or structure. When separate elements are organized to form a single sign but are separated by open space, the sign are and dimensions shall be calculated by determining the geometric form, or the combination of forms, which comprises all of the display areas, including the space between different elements. 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 (M) 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, wall sign, or blade sign. 5 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. Section 3. Section 26-703 (Enforcement and penalties.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-703. — Enforcement and penalties. Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs: A. Unsafe signs and 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. B. Signs which are prohibited pursuant to this article may be removed after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located. C. In the discretion of the enforcement officer a sign which is otherwise not in compliance with this article may be removed upon sixty (60) days prior notice. lei Section 4. Section 26-705 (Permit required.) of the Code is hereby amended as follows: 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 appliGation fOF perm„ Meet+ net ire that .., ..ter.....,............... .y.. r , . THE COMMUNITY DEVELOPMENT DIRECTOR MAY REQUIRE ADDITIONAL SUBMISSION INFORMATION IN CONNECTION WITH A SPECIFIC APPLICATION. C. 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: D. 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. E. THE PROPERTY/BUILDING OWNER, PRINCIPAL LESSEE, OR AUTHORIZED AGENT OF THE PROPERTY/BUILDING ON WHICH THE SIGN WILL BE LOCATED SHALL BE THE SAME PERSON APPLYING FOR THE SIGN PERMIT. DOCUMENTATION SHALL ACCOMPANY THE PERMIT FOR VERIFICATION. F. A COPY CHANGE WITH NO MODIFICATIONS TO THE SIGN STRUCTURE, SUPPORT, CABINETS, ELECTRICITY, OR OTHER FEATURES SHALL BE EXEMPT FROM BUILDING PERMIT. Section 5. Section 26-706 (Nonconforming signs.) of the Code is amended as follows: 7 A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subjeGt to a twelve Feng lati ns 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net -went# 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. B. Discontinued business, etc. Whenever a use of land and/or building using an identification sign is discontinued, except for seasonal uses pursuant to subsection A.2., above, the sign shall be removed or obscured by the person owning the property within thirty (30) days after the discontinuance of such use. Any such sign which is nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. C. NON -CONFORMING ELECTRONIC CHANGEABLE COPY SIGNS. SUCH SIGNS WHICH ARE MADE NON -CONFORMING BY THE ADOPTION OF ORDINANCE <##> SHALL BE BROUGHT INTO CONFORMANCE WITH THE REQUIREMENTS OF THIS ARTICLE ON OR BEFORE <DATE, 2019>. Section 6. Section 26-707 (General provisions/performance standards.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-707. — General provisions/performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26-603.13. 2. At signalized intersections, where both streets are collectors and/or arterials, 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 of 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.E must be owned by the property/building owner, or . principal lessee of the property/building 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 or above 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, or licensed sign; and c. Signs permitted under the criteria in section 26-708.E. 3. 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. 4. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by the public works director pursuant to this article. 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 0 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. 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. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26-631, any merchandise 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. 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. The nighttime illumination of changeable copy signs shall conform with the following criteria: a. Illumination measurement methods shall be consistent with established city policy. 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. i. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed ore repaired. Section 7. Section 26-708 (Miscellaneous provisions.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-708. — Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26-639 of the Code of Laws and established city policy. B. Signs located on bus benches and bus stop shelters. 11 1. Signs located on bus benches shall be in conformance with Section 21-124 of the Code of Laws. 2. Signs located on a bus stop shelter shall be in conformance with Section 21-151 of the Code of Laws. 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 Home occupations must comply with Section 26-613 of the Municipal Code. iii. 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: 12 a. There are no viable alternative locations on the subject property; b. The sign is for a property with commercial, industrial -employment, mixed use, or planned development 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; L The sign complies with sight distance triangle requirements per section 26-603.13; j. The sign is not a pole sign; and k. 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. 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 XII and/or XIII 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. Section 8. Section 26-709 (Residential, agriculture and public facilities zone districts sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows: 13 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 article 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 signage, both permanent and temporary, for residential uses with three (3) or more attached dwelling units. 3. Non-residential. 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. F Table 1. Permanent Signs by Land Use Type of Sign Low Density Multifamily Nonresidential Residential Residential Use Use Use P P P NP NP NP NP NP P Address numbers Animated Arcade Barber shop poles NP NP P Blade NP NP P Canopy NP P P Changeable copy NP NP P Directional NP P P Flag P P P Freestanding L P P Roof NP NP NP Sign oriented to a drive-through lane Traffic control or regulato NP NP P P P P Vehicle P P P Wall or painted L P P Window or door j P P P 14 D. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26-711. Table 2. Temporary ,Signs-, by Land Use Type.of Sign Low- Density Residential Use Multifamily Residential Use Nonresidential Use Balloon or inflatable NP P P Banner NP P P Pennant, streamer, and similar devices NP P P Portable NP P P Signs carried by persons P P P Yard — Small Yard — Large P L P L P L Section 9. Section 26-710 (Commercial, industrial and mixed use zone districts sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Section. 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-113, R-1 C, R-2, R -2A, R-3, R -3A, PRD), 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), Industrial Employment (1-E), and Planned Developments including PCD, PID, PHD, and PMUD. 5. With the exception of billboards permitted under section 26-712, no permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an established primary use. B. Address Numbers. 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. 15 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. 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. 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 or major interior drive 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 signs. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) 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 (213) 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 (313) 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: a. May not extend above the top of the wall or parapet; not to be roof mounted. b. 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 blade signs are allowed on the same wall. c. Blade signs should not be located closer than twenty-five (25) feet apart unless the signs work 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 shall 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. F. 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 signs. 1. Definition: A sign, either illuminated or non -illuminated, 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 signs 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. Messages shall be static and a change in message shall be instantaneous. 2. Prohibition: Changeable copy signs are not be permitted in the MU -N district or the MU -C TOD sub -district. 3. Maximum number: 1 per street frontage, but no more than 2 per development 4. Maximum size: a. In residential zone districts, a maximum of 32 square feet per sign b. In nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710.J. and 26-7101.) apply. 5. 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.J. and 26-7101.) apply 6. Location: For freestanding changeable copy signs, the minimum setback is 5 feet from any property line 7. The time lapse between the change in information shall not be less than eight (8) seconds. H. Directionai signs. 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. Flag. 1. Definition: Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. 2. Maximum flagpole height of 35 feet. J. Freestanding signs. 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 non -supporting walls. This includes pole - mounted or monument signs. 2. Owner authorization required: Building permit applications for single tenant signs on multitenant properties shall include property owner authorization with the building permit application. 3. Design: a. For new development or total redevelopment new pole signs shall not be allowed, unless the development is located within'/ mile of the interstate and a highway -oriented sign is proposed. b. The base of a freestanding monument sign shall be consistent with the materials of the building with which it is associated. c. For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. d. When not associated with new development or total redevelopment, pole signs are permitted, but strongly discouraged. 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 frontages, 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. b. Where multiple signs are permitted because of multiple street frontages, the signs may be erected on the same street frontage. c. For double-faced signs, each sign face can have the maximum square footage allowed. 5. For low density residential uses: a. Not permitted, except for as allowed by the home occupation regulations. 6. For multifamily uses: a. Maximum number: 1 per street frontage, not to exceed 2 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, not to exceed 2 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 number: 1 per street frontage, not to exceed 2 b. Maximum size: Based upon Table 3 below. c. 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 d. 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 '/ mile 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 ofI Single Tenant Sign Multiple Tenant Sign Building* 0-1,500 s.f. 1 35 s.f. 160 s.f. 1,501-5,000 35 s.f. plus 1 s.f. per each additional 60 s.f. plus 1 s.f. per each additional s.f. 50 s.f. of floor area over 1,501. 40 s.f. of floor area over 1,501. 5,001— 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of 50,000 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 1,000 s.f. of floor area over 50,001 up 1,000 s.f. of floor area over 50,001 up s.f. to a maximum size of 300 s.f. to a maximum size of 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floo, 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 one (1) non -illuminated sign not to exceed two (2) square feet in size. 10.3D signs: Three-dimensional (3D) 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. K. Sign oriented to a drive-through lane. 1. Definition: A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum size: 35 square feet per drive-through lane 3. Maximum height: Six (6) feet 4. Additional standards a. May be illuminated by internal lighting only. b. Must be screened from the right-of-way such that signs do not violate section 26-707.D. L. Traffic control or regulatory signs. 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. M. Wall or painted signs. 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 fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered wall signs. 2. Maximum size: a. Total size for any single or combined wall sign is no larger than 1 square foot for every linear foot of the side of the building to which it is affixed. 3. Location: a. Signs may only be affixed to walls which face 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. c. For uses which have a rear entry or delivery door, 1 non - illuminated wall sign not to exceed four (4) square feet per tenant is permitted. 4. 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. 5. 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 one (1) non -illuminated sign not to exceed two (2) square feet in size. 6. Additional standards a. 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. N. Window or door signs. 1. Definition: 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. 2. Maximum size: Sign shall not obstruct more than 25 percent of the door or window area 3. Additional standards: a. 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. b. The interior application of a solid, dark color on back of house windows shall not be considered window or door signs and shall be permitted. Section 10. A new Section 26-711 of the Code is hereby inserted as follows: 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: 21 a. One (1) temporary sign per business may be placed on eligible property at any given time. b. This limitation on maximum number of temporary signs shall take effect on <DATE, 2019>. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits. B. Balloon or inflatable. 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 25 feet above existing grade. 3. Location: May not be located within the public right-of-way. 4. Additional standards: a. 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 not permitted. b. Notwithstanding any other provision of this article, balloon or inflatable signs may be maintained for no longer than 30 consecutive days within any calendar year. 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. D. Pennant, streamer, and other similar device. 1. Definition: A sign made of flexible materials intended to create a visual attraction through movement. 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. G. Signs carried by persons. 1. Definition: Any sign, which is carried or worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business. 2. Maximum size: 6 square feet per side. 3. Location: Permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety as determined by the Director of Public Works or Chief of Police or their designee. Signs shall be limited to the exterior edges of the right-of- way, and completely outside of the vehicular and bicycle travel lanes. Shall be located behind the outermost curb and gutter, not impede pedestrian traffic, and are completely prohibited to be stationed in any median, island, or other refuge within the right-of-way. H. Yard — small. 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 number: a. For all nonresidential uses: Limit of 1 per business b. For all residential uses: No limit 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. I. Yard —large. 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 number: 1 per street frontage or major interior drive, not to exceed 2 23 3. 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 4. Minimum setback: 5 feet 5. Maximum height: Shall not exceed 7 feet in height 6. Location: Allowed only on properties with active listings for sale or for rent, or on properties with active building permits. Also allowed for urban gardens. Section 11. The existing Section 26-711 (Billboards.) of the Code is renumbered as Section 26-712 (Billboards). Section 12. The remaining Sections 26-713 through 26-800 are reserved for future enactment. Section 13. Subsection 26-613.A.5. (Home occupations.) of the Code is hereby amended as follows: 5. Each home occupation is permitted to have one non -illuminated sign up to 2 square feet in size. The sign may be freestanding or wall -mounted. See ARTICLE VII, CHAPTER 26. Section % Subsection 11-296(a). (Application for license.) of the Code is hereby amended as follows: (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional information required by the Colorado Medical Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed or located on the property until approved by the city. See seGtien 26-798.H. ARTICLE VII, CHAPTER 26. Section 15. Subsection 11-406(a). (Application for license.) of the Code is hereby amended as follows: (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional information required by the Colorado Retail Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed 24 or located on the property until approved by the city. See seGti n 76_ ARTICLE VII, CHAPTER 26. Section 16. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 17. Effective Date. This ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0, this 9th day of April, 2018 and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for April 23, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final readying by a vote of to , this day of , 2018 SIGNED by the Mayor on this day of ATTEST: Janelle Shaver, City Clerk First Publication: April 12, 2018 Second Publication: Wheat Ridge Transcript: Effective Date: Bud Starker, Mayor Approved as to Form , 2018. Gerald E. Dahl, City Attorney 25 City of WheatRji PLANNING COMMISSION COMMUNITY DEmoPMEw LEGISLATIVE ITEM STAFF REPORT MEETING DATE: March 15, 2018 TITLE: AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CASE NO. ZOA-18-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Zack Wallace Mendez, Planner 11 Date of Preparation: March 6, 2018 SUMMARY: In June of 2015, the United States Supreme Court decided the case of Reed v. Town of Gilbert, Arizona. This decision, which held the Town of Gilbert's sign code unconstitutional, has a significant impact on local government sign codes throughout the nation. In brief, signs cannot be regulated by their content, so sign codes must be modified to regulate signage utilizing time, place and manner standards. This has prompted cities nationwide, including the City of Wheat Ridge to evaluate their signs codes and make amendments to ensure they are constitutional. The City found it advantageous to also use this opportunity to update the Code with modern standards and reaffirm former policy directions on signs. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: In May 2017, Staff briefed City Council on the Reed v Town of Gilbert decision by the Supreme Court and how that ruling impacted the City's sign code. Also at that meeting Staff asked for direction on several other sign -related items, and Council provided input on some items they wanted to see addressed in the update, including blade signs, iconic (3D) signs, temporary signs, and illumination. In October 2017, Staff presented Council with a sign code draft and requested further direction on several issues. Staff presented the same code draft and Council's input to the Planning Commission in November 2017. Due to the complexity of some issues, conflicting input from City Council -and Planning Commission, and with a newly seated Mayor and Councilmember, Staff took Planning Commission's recommendations to City Council in December 2017 for a final round of "checks and balances" to consider some of the differing input ATTACHMENT 2 provided before finalizing a draft for public hearings. The enclosed ordinance a represents a culmination of the input provided throughout 2017. Below is a summary of the proposed updates to the Sign Code which is located in Article VII of Chapter 26 of the Code of Laws. Specific development standards (height, size, setbacks, etc.) for existing sign types have not been altered. However, some sign types that are content -based categories (e.g. real estate, political, and community event signs) have been removed and reorganized into different categories that are not content based. The ordinance aligns the existing development standards with the new generalized sign categories as best as possible. In addition to the content -based "scrub" of the code, other amendments include adding and modifying definitions, correcting existing typographical errors, updating outdated cross-references, and adding illumination standards. A full summary of updates by section is provided below: • 26-701 (Intent and purpose.) — Subsection F is modified for compliance with Reed v Gilbert. • 26-702 (Definitions.) — The following definitions were added, modified and deleted respectively: Added: Modified: Deleted: o Balloon or inflatable o Awning o Community event/sponsorship sign o Animated sign banner o Barber shop poles o Canopy sign o Farmers' market sign o Blade sign o Changeable copy o Informational sign (replaced by o Directional sign sign directional sign category) o Flag o Flashing sign o Menu Board/Drive Through o Pennant, streamer, o Freestanding sign Directory Signs (replaced by and other similar o Major interior drive signs oriented to a drive-through devices o Portable sign lane) o Sign setback o Public sign o Off -premise sign o Signs carried by o Surface area of sign o Order confirmation boards persons o Temporary sign (replaced by signs oriented to a o Signs oriented to a drive-through lane) drive-through lane o Pole sign o Size of sign o Political sign o Three-dimensional o Produce stand sign (3D) signs o Projecting sign (replaced by o Window or door sign blade sign category) o Yard sign o Semipublic sign o Surface area of sign o Urban garden sign (absorbed into yard signs -large). • 26-703 (Enforcement and penalties.) — Various sections from Article VII have been ZOA-18-01 / Sign Code 2 migrated to this section and adjusted for more effective code enforcement. 26-704 (Contractor's license required.) — No changes have been made to this section. 26-705 (Permit required.) — A requirement has been added that the property owner or lessee of the property on which a sign will be located shall be the same person applying for the sign permit. 26-706 (Non -conforming signs.) o In subsection A.2, one content -related sentence has been deleted for compliance with the Reed v Gilbert decision. o Subsection C has been added based on Council direction to amortize non- conforming LED changeable copy signage within one year of the passage of this ordinance. • 26-707 (General provisions/performance standards.) o Minor text amendments have been made to fix existing typographical errors, and several subsections have been modified to remove content -based language. Several provisions have been removed and relocated to Section 26-703 (Enforcement and penalties) in order to keep similar provisions together. o Subsection G (Illumination) has been modernized to include illumination measurement standards for effective enforcement and to consolidate all illumination provisions into one place. • 26-708. (Miscellaneous provisions.) o Minor text amendments have been made to fix existing typographical errors. • Existing sections 26-709 and 26-710 (Sign charts) o These two sections have been removed because the signs standards have been reformatted into three new sections: ■ 26-709 (Permitted sign types) 26-710 (Permanent sign standards) 26-711(Tcmporary sign standards) o No specific development regulations (size, height, setbacks, etc.) have been altered. o Per Council direction, commercial properties are limited to one (1) temporary sign per business, while residential properties may have an unlimited number of temporary signs. Council directed that there be a one-year deferral on enforcement of this newly created maximum number of temporary signs for commercial businesses. o These sections include new or redefined categories, including signs carried by persons, blade signs, and 3D signs which are permitted as freestanding or blade designs. Existing Section 26-711 (Billboards.) — The content of this section has not been amended, but it has been renumbered as Section 26-712. For those sections that have extensive amendments, they have been repealed and reenacted in the ordinance. For those sections that have only minor amendments, the ordinance includes redlined changes. ZOA-18-01 / Sign Code RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Articles VII of Chapter 26 of the code of laws, concerning the sign code." Exhibits 1. Proposed Ordinance ZOA-18-01 / Sign Code 4 It was moved by Commissioner VOS and seconded by Commissioner BODEN to recommend APPROVAL of Case No. WSP-17-09, a request for approval of a master sign plan for a unified development on property zoned Mixed Use - Commercial (MU -C) and located on the west side of Wadsworth between 35th and 38* Avenues, including 7690 Yukon Court and 3501, 3545, 3637 and 3765 Wadsworth Boulevard, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is consistent with the intent of the sign code and appropriate for the context of the development. Motion carried 7-0. Commissioner OHM thanked the staff for their hard work on this signage plan. C. Case No. ZOA-18-01: an Ordinance amending Article VII (sign code) of Chapter 26 of the Code of Laws. Mr. Wallace Mendez gave a short presentation regarding the Ordinance. 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 BODEN asked if an existing business has a pole sign and the business changes ownership, can the new business use the same sign or will it have to be taken down. Mr. Wallace Mendez confirmed that the pole sign can have the new business information put on it. Commissioner BUCKNAM asked about the yard sign designation as defined and wanted to know what a limited period of time means and how it is enforceable. Ms. Mikulak said that temporary signs are defined by their construction rather than a specific period of time. Commissioner BUCKNAM confirmed that as long as the sign is removable the sign can stay for as long as possible. Ms. Mikulak and Mr. Wallace Mendez agreed that this is true. Commissioner VOS asked what category a flutter flag falls into. Planning Commission Minutes -10— March 15, 2018 ATTACHMENT 3 Mr. Wallace Mendez said this falls into the pennant category. Ms. Mikulak added that images will be included in the ordinance to help define the language. Commissioner WEAVER wanted to confirm that on a residential property multiple temporary signs could be placed, but only one of those can be for a home occupation, even though we can no longer look at content. Ms. Mikulak and Mr. Wallace Mendez agreed that this is true. Commissioner OHM asked that if the sign code passes all leasing signs will be prohibited unless there is a master sign plan. Ms. Mikulak and Mr. Wallace Mendez concurred that leasing signs are regulated by the large yard sign regulations. Large yard signs are permitted for properties with active building permits or actively listed for sale or lease. The signs are considered temporary. Commissioner OHM then asked about what makes a sign temporary. Ms. Mikulak explained that a permanent signs needs a permit and is typically constructed of more durable materials than temporary signs. She added there will be continued education with Code Enforcement to distinguish between temporary and permanent signs, as well as all updates to the sign code. Mr. Wallace Mendez added there is a meeting in May with Code Enforcement to talk through the sign code updates. It was moved by Commissioner DORSEY and seconded by Commissioner LEO to recommend APPROVAL of the proposed ordinance amending Articles VII of Chapter 26 of the code of laws, concerning the sign code. Motion carried 7-0. Commissioner OHM stated he was fine with City Council's suggestion to allow for the school to have an LED through a process other than the sign code update. Commissioner BUCKNAM added that making an exception for school can be put into the code, but a variance could do the same thing, it would receive the same level of scrutiny. 8. OLD BUSINESS 9. NEW BUSINESS Planning Commission Minutes— March 15, 2018 Council Bill No. 08-2018 (ZOA-18-01) UPDATED RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2018, an ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws concerning sign regulations (Case No. ZOA-18-01), on second reading and that it take effect 15 days after final publication, with the following S conditions: 1. Strike and insert in Section 4 of the ordinance and Section 26-705.E of the Code, "The property owner, principal lessee, or authorized agent of the PLATTED OR OTHERWISE RECOGNIZED AS LEGALLY DEVELOPABLE PARCEL..." 2. Add the following language to the definition of "size of sign" in Section 26-702 (Definitions.): "For a freestanding sign, the sign area shall include the frame, if any, but shall not include the pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display, or part of a display device. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building, or structural forms completing the site in general shall also not be in the sign area." Or, "I move to postpone indefinitely Council Bill No. 08-2018, an ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws concerning sign regulations, for the following reason(s): " ZOA-18-01 I Article VII (Sign Code) Update An ordinance amending Article VII (sign code) of Chapter 26 of the Code of Laws. Planning Commission March 15, City Council April 23, Council Direction • Reed Gilbert • Temporary signs - commercial • Signs carried by persons (sign spinners) • Electronic Message Centers (LED signage) • 3D signs (iconic signage) • Offpremise • Business district signage • Yard signs - residential • Freestanding signage • Non -conforming signs • Changeable copy Background and Process 2015 Supreme Court decision on Reed v. Town of Gilbert. Regulation of signs based on content is prohibited government regulation of free speech. Unconstitutional under the 150Amendment of the United States Constitution. May 1, 2017 Council Study Session provided consensus to move forward on Reed v. Gilbert updates, as well as several other items as noted by Council. October 16, 2017— City Council Study Session November 16, 2017— Planning Commission December 18, 2017 —City Council Study Session March 15, 2018— Planning Commission Public Hearing April 23, 2018 —City Council Public Hearing Updates Content -based scrub of entire code Addition, modification, and deletion of definitions based on sign categories and code -based language Reorganization of permanent and temporary sign standards sections for clarity and user friendliness. No substantive changes to development standards (height, size, setbacks, allowances, etc.) Enforcement and penalties all migrated to one section, with minor adjustments for more effective enforcement. Minor amendments to fix existing typographical errors. Billboards • Staff meet with several representatives of the billboard industry and their State lobbyist to discuss concerns. • Concern that removal of "off -premise" sign category would expose the City to billboard -like signage along commercial arterial roadways, where billboards are generally not permitted. • Proposed sign code ordinance states the applicant fora sign permit shall be the property owner or principle lessee. • Staff recommends adding additional language to clarify that a small parcel could not be sold or leased to a billboard company from a larger parcel. • "The property owner, principal lessee, or authorized agent of the platted or otherwise recognized as legally developable parcel on which the sign will be located shall be the same person applying for the sign permit." Recommendation & Next Steps Staff recommends approval with 2 conditions: Modified language regarding the property owner/principal lessee requirements. Additional language added to 'size of sign' definition. After adoption Staff will ensure all office handouts and online documents are updated. Due to the new illuminance and temporary sign regulations Staff will work on outreach with the Public Information Officer and local business associations. Graphics will be updated. �) � lo, G w -u- 'ice � 1'L2 01n Q i 1 �✓V � ?i"� � j s r� r Liu rv�nZ(- VA�- 2t/ 'All Ip - f3 f3 rc� Zedi v �) � lo, G w -u- 'ice � 1'L2 01n Q i 71n�' ,o cz$5 y4_��� _ F}L/Gu 'r Q ✓1 /f S dVq Gt,ti � � , (( �ur-d �, S ©cz �c. s c�1 ��slt�i � G� !`� >`-r.p�c•�-�- U/��DIVr Ir 2,—A v. � �' h "1 7 t5 V\ k`� c- • City of �" ��Wh6atlwgc AVYN `` f ITEM NO: DATE: April 9, 2018 REQUEST FOR I COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2018 - AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS (CASE NO. ZOA-18-01) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (04/09/2018) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (04/23/2018) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES Community Developnlent Director ./ • City Manager ISSUE: In June of 2015, the United States Supreme Court decided the case of Reed v. Town of Gilbert, Arizona. This decision, which held the Town of Gilbert's sign code unconstitutional, has a significant impact on local government sign codes throughout the nation. In brief, signs cannot be regulated by their content, so sign codes must be modified to regulate signage utilizing time, place and manner standards. This has prompted cities nationwide, including the City of Wheat Ridge, to evaluate their signs codes and make amendments to ensure they are constitutional. The City found it advantageous to also use this opportunity to update the Code with modern standards, correct longstanding typographical errors, clarify enforcement language, and reaffirm former policy directions on signs. PRIOR ACTION: Planning Commission heard the request at a public hearing on March 15, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. Council Action Form — Sign Code Ordinance April 9, 2018 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. BACKGROUND: In May 2017, staff briefed City Council on the Reed v Town of Gilbert decision by the Supreme Court and how that ruling impacted the City's sign code. Also at that meeting staff asked for direction on several other sign -related items, and Council provided input on additional items they wanted to see addressed, including blade signs, iconic (3D) signs, temporary signs, and illumination. In October 2017, staff presented Council with a sign code draft and requested further direction on several issues. Staff presented the same code draft and Council's input to the Planning Commission in November 2017 for additional input. Due to the complexity of some issues, conflicting input from City Council and Planning Commission, and with a newly seated Mayor and Councilmember, staff took Planning Commission's recommendations to City Council in December 2017 for a final round of "checks and balances" to consider some of the conflicting input before finalizing a draft for public hearings. The enclosed ordinance represents a culmination of the input provided throughout 2017. The proposed changes have not altered any specific development standards (height, size, setbacks, etc.) for existing sign types. However, some sign types that are content -based categories (e.g. real estate, political, and community event signs) have been removed and reorganized into different categories that are not content based. The proposed ordinance aligns the existing development standards with the new generalized sign categories as best as possible. In addition to the content -based "scrub" of the code, other amendments include, by way of example: • Definitions — added and updated definitions as necessary • Illumination — added lighting standards, including a standard applying to changeable copy LED signs and requiring they automatically dim after dark • Temporary signs — this section was modernized to reflect several new types of temporary signs and the ease enforcement, a maximum of one temporary sign is proposed to be allowed and this is proposed to not be effective until one year after adoption • Si sn�ed by persons — this was added to the Code and said signs would be permitted on private property and in public street rights of way, provide they don't create a traffic safety hazard • Iconic 3-dimensional signs — this was added to the code and they are now permitted on commercial properties • Billboards — no changes were made • Yard signs — eliminated numerous content based references and on residential properties, there is no limit proposed to the number of "small" yard signs RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form — Sign Code Ordinance April 9, 2018 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2018 an ordinance amending Article VII (sign code) of Chapter 26 of the Wheat Ridge Code of Laws (Case No. ZOA-18-01), on first reading, order it published, public hearing set for Monday, April 23, 2018, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." 33 "I move to postpone indefinitely Council Bill No. 08-2018 an ordinance amending Article VII (sign code) of Chapter 26 of the Wheat Ridge Code of Laws (Case No.. ZOA-18-01), for the following reason(s): " REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 08 ORDINANCE NO. Series 2018 TITLE: AN ORDINANCE AMENDING ARTICLE VII (SIGN CODE) OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, 'the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, in June of 2015 the Supreme Court of the United States decided the case of Reed v. Town of Gilbert, Arizona; and WHEREAS, the Supreme Court's decision held the Town of Gilbert's sign code unconstitutional due to its regulation of signs by their content; and, WHEREAS, this decision has a significant impact on all local government sign codes throughout the nation, including the City of Wheat Ridge sign code; and WHEREAS, the City Council finds it necessary to update the Wheat Ridge Code of Laws to ensure Article VII, Chapter 26 is constitutional in light of the Supreme Court decision; and WHEREAS, it is necessary and appropriate for the City to periodically update and modernize sign regulations to be consistent with current industry standards. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-7015. (Intent and purpose.) of the Code is amended to read: F. To encourage the erection of signs which are legible in their surroundings AND compatible with the visual character of the surrounding; apprepr ate to the and Section 2. Section 26-702 (Definitions.) of the Code is hereby repealed in its entirety and reenacted to read as follows: ATTACHMENT 1 Sec. 26-702. — Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, mechanical or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are barber shop poles. 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 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 fifteen (15) 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 sign. 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. Changeable copy sign. A sign, either illuminated or non -illuminated, 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 signs that utilize computer-generated messages or some other electronic means of changing copy, including displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Messages shall be static and a change in message shall be instantaneous. 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. Directional sign. A freestanding 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 including a moving light or lights. Flashing signs are prohibited. 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 non -supporting 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. 3 (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. Where the regulations allow 'one sign per major interior drive," the intent is that the sign allowed is placed upon or facing the major interior drive, unless specifically otherwise permitted. 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 devices. A sign made of flexible materials intended to create a visual attraction through movement. 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, or is deemed 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. 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 setback. The total distance between the property line and the leading edge of the sign face. 4 Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Signs carried by persons. Any sign, which is carried or worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business. 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. Sign oriented to a drive-through lane. A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. Size of sign. When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one (1) of the two (2) faces. For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For a sign comprised of individual letters, figures or elements on a wall of a building or surface of a structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which form or approximate the perimeter of all elements in the display, the frame and any applied background that is not part of the architecture of the building or structure. When separate elements are organized to form a single sign but are separated by open space, the sign are and dimensions shall be calculated by determining the geometric form, or the combination of forms, which comprises all of the display areas, including the space between different elements. 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 (M) 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, wall sign, or blade sign. 5 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. Section 3. Section 26-703 (Enforcement and penalties.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-703. — Enforcement and penalties. Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs: A. Unsafe signs and 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. B. Signs which are prohibited pursuant to this article may be removed after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located. C. In the discretion of the enforcement officer a sign which is otherwise not in compliance with this article may be removed upon sixty (60) days prior notice. L Section 4. Section 26-705 (Permit required.) of the Code is hereby amended as follows: 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. peFFAit Will t d that d e�+ eri• 4he�efe�e if icy advised sir.ec. r..�.1� he fabFnGated s , THE COMMUNITY DEVELOPMENT DIRECTOR MAY REQUIRE ADDITIONAL SUBMISSION INFORMATION IN CONNECTION WITH A SPECIFIC APPLICATION. C. 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. D. 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. E. THE PROPERTY/BUILDING OWNER, PRINCIPAL LESSEE, OR AUTHORIZED AGENT OF THE PROPERTY/BUILDING ON WHICH THE SIGN WILL BE LOCATED SHALL BE THE SAME PERSON APPLYING FOR THE SIGN PERMIT. DOCUMENTATION SHALL ACCOMPANY THE PERMIT FOR VERIFICATION. F. A COPY CHANGE WITH NO MODIFICATIONS TO THE SIGN STRUCTURE, SUPPORT, CABINETS, ELECTRICITY, OR OTHER FEATURES SHALL BE EXEMPT FROM BUILDING PERMIT. Section 5. Section 26-706 (Nonconforming signs.) of the Code is amended as. follows: 7 A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued' shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be r, bjeGt to a twelve 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its ne+„�n 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. B. Discontinued business, etc. Whenever a use of land and/or building using an identification sign is discontinued, except for seasonal uses pursuant to subsection A.2., above, the sign shall be removed or obscured by the person owning the property within thirty (30) days after the discontinuance of such use. Any such sign which is nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. C. NON-CONFORMING ELECTRONIC CHANGEABLE COPY SIGNS. SUCH SIGNS WHICH ARE MADE NON-CONFORMING BY THE ADOPTION OF ORDINANCE <##> SHALL BE BROUGHT INTO CONFORMANCE WITH THE REQUIREMENTS OF THIS ARTICLE ON OR BEFORE <DATE, 2019>. Section 6. Section 26-707 (General provisions/performance standards.) of the Code is hereby repealed in its entirety and reenacted to read as follows: N Sec. 26-707. — General provisions/performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26-603.13. 2. At signalized intersections, where both streets are collectors and/or arterials, 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 of 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.E must be owned by the property/building owner, or principal lessee of the property/building 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 or above 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, or licensed sign; and c. Signs permitted under the criteria in section 26-708.E. 3. 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. 4. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by the public works director pursuant to this article. 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 R7 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. 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. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 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. 10 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. 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. The nighttime illumination of changeable copy signs shall conform with the following criteria: a. Illumination measurement methods shall be consistent with established city policy. 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. i. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed ore repaired. Section 7. Section 26-708 (Miscellaneous provisions.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 26-708. — Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26-639 of the Code of Laws and established city policy. B. Signs located on bus benches and bus stop shelters. 11 1. Signs located on bus benches shall be in conformance with Section 21-124 of the Code of Laws. 2. Signs located on a bus stop shelter shall be in conformance with Section 21-151 of the Code of Laws. Such signs shall be limited to two (2) faces per shelter with a maximum of twenty-four (24) square feet perface. C. Home Occupations Home occupations must comply with Section 26-613 of the Municipal Code. iii. 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: 12 a. There are no viable alternative locations on the subject property; b. The sign is for a property with commercial, industrial -employment, mixed use, or planned development 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; L The sign complies with sight distance triangle requirements per section 26-603.6; j. The sign is not a pole sign; and k. 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. 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 XII and/or XIII 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. Section 8. Section 26-709 (Residential, agriculture and public facilities zone districts sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows: 13 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 article 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 signage, both permanent and temporary, for residential uses with three (3) or more attached dwelling units. 3. Non-residential. 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 Low Density Multifamily Nonresidential Type of Sign Residential Residential Use Use Use Address numbers P P P Animated NP NP NP Arcade NP NP P Barber shop poles NR NP P Blade NP NP P Canopy NP P P Changeable copy NP NP P Directional NP P P Flag P P P Freestanding L P P Roof NP NP NP Sign oriented to a NP NP P drive-through lane Traffic control or P P P regulatory Vehicle P P P Wall or painted L P P Window or door P P P 14 D. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26-711. Table 2. Temporary Signs by Land Use Type of Sign Low Density Residential Use Multifamily Residential Use Nonresidential Use Balloon or inflatable NP P P Banner NP P P Pennant, streamer, and similar devices NP _ P P Portable NP P P Signs carried by persons P P P Yard — Small P P P Yard — Large L L L Section 9. Section 26-710 (Commercial, industrial and mixed use zone districts sign standards chart.) of the Code is hereby repealed in its entirety and reenacted to read as follows: Section. 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-113, RAC, R-2, R -2A, R-3, R -3A, PRD), 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), Industrial Employment (I -E), and Planned Developments including PCD, PID, PHD, and PMUD. 5. With the exception of billboards permitted under section 26-712, no permanent sign shall be erected or maintained upon a lot, tract, or parcel devoid of an established primary use. B. Address Numbers. 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. 15 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. 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. 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 or major interior drive 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 signs. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) 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: a. May not extend above the top of the wall or parapet; not to be roof mounted. b. 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 blade signs are allowed on the same wall. c. Blade signs should not be located closer than twenty-five (25) feet apart unless the signs work together to make a unified and compatible design or the sign group is integral to the building 16 architecture, reinforcing a significant building feature such as a primary entry. d. The structural support of projecting signs shall 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. F. 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 signs. 1. Definition: A sign, either illuminated or non -illuminated, 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 signs 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. Messages shall be static and a change in message shall be instantaneous. 2. Prohibition: Changeable copy signs are not be permitted in the MU -IV district or the MU -C TOD sub -district. 3. Maximum number: 1 per street frontage, but no more than 2 per development 4. Maximum size: a. In residential zone districts, a maximum of 32 square feet per sign b. In nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710.J. and 26-710.L.) apply. 5. 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.J. and 26-710. L.) apply 6. Location: For freestanding changeable copy signs, the minimum setback is 5 feet from any property line 7. The time lapse between the change in information shall not be less than eight (8) seconds. H. Directional signs. 17 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. Maximum flagpole height of 35 feet. J. Freestanding signs. 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 non -supporting walls. This includes pole - mounted or monument signs. 2. Owner authorization required: Building permit applications for single tenant signs on multitenant properties shall include property owner authorization with the building permit application. 3. Design: a. For new development or total redevelopment new pole signs shall not be allowed, unless the development is located within'/ mile of the interstate and a highway -oriented sign is proposed. b. The base of a freestanding monument sign shall be consistent with the materials of the building with which it is associated. c. For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. d. When not associated with new development or total redevelopment, pole signs are permitted, but strongly discouraged. 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 frontages, 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. iu b. Where multiple signs are permitted because of multiple street frontages, the signs may be erected on the same street frontage. c. For double-faced signs, each sign face can have the maximum square footage allowed. 5. For low density residential uses: a. Not permitted, except for as allowed by the home occupation regulations. 6. For multifamily uses: a. Maximum number: 1 per street frontage, not to exceed 2 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, not to exceed 2 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 number: 1 per street frontage, not to exceed 2 b. Maximum size: Based upon Table 3 below. c. Minimum setback: Based upon height and adjacent zoning: L 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 d. Maximum height: Based upon zoning and location: L 7 feet in all mixed use zone districts ii. 50 feet for retail and service businesses within'/ mile 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 Building Single Tenant Sign 0-1,500 s.f. 1 35 s.f. 160 s.f. Multiple Tenant Sign 1,501-5,000 135 s.f. plus 1 s.f. per each additional 60 s.f. plus 1 s.f. per each additional s.f. 50 s.f. of floor area over 1,501. 40 s.f. of floor area over 1,501. 5,001— 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of 50,000 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 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. to a maximum size of 400 s.f. 19 In computing allowable sign size, only the footprint of the structure can be used. The floo 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 one (1) non -illuminated sign not to exceed two (2) square feet in size. 10.3D signs: Three-dimensional (3D) 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. K. Sign oriented to a drive-through lane. 1. Definition: A freestanding or wall -mounted sign, oriented predominantly towards a drive-through or drive -up lane, which is clearly incidental to the primary signage on a property, in both height and sign area. 2. Maximum size: 35 square feet per drive-through lane 3. Maximum height: Six (6) feet 4. Additional standards a. May be illuminated by internal lighting only. b. Must be screened from the right-of-way such that signs do not violate section 26-707.D. L. Traffic control or regulatory signs. 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. M. Wall or painted signs. 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 fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered wall signs. 2. Maximum size: a. Total size for any single or combined wall sign is no larger than 1 square foot for every linear foot of the side of the building to which it is affixed. 3. Location: a. Signs may only be affixed to walls which face public streets or major interior drives, as determined by the community development director 20 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. c. For uses which have a rear entry or delivery door, 1 non - illuminated wall sign not to exceed four (4) square feet per tenant is permitted. 4. 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. 5. 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 one (1) non -illuminated sign not to exceed two (2) square feet in size. 6. Additional standards a. Building wall signs shall complement the building's architecture and fit within the architectural features of the facade so they do not overlap windows or columns. N. Window or door signs. 1. Definition: 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. 2. Maximum size: Sign shall not obstruct more than 25 percent of the door or window area 3. Additional standards: a. 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. b. The interior application of a solid, dark color on back of house windows shall not be considered window or door signs and shall be permitted. Section 10. A new Section 26-711 of the Code is hereby inserted as follows: 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: 21 a. One (1) temporary sign per business may be placed on eligible property at any given time. b. This limitation on maximum number of temporary signs shall take effect on <DATE, 2019>. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits. B. Balloon or inflatable. 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 25 feet above existing grade. 3. Location: May not be located within the public right-of-way. 4. Additional standards: a. 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 not permitted. b. Notwithstanding any other provision of this article, balloon or inflatable signs may be maintained for no longer than 30 consecutive days within any calendar year. 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. D. Pennant, streamer, and other similar device. 1. Definition: A sign made of flexible materials intended to create a visual attraction through movement. 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. 22 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. G. Signs carried by persons. 1. Definition: Any sign, which is carried or worn by any person, typically in or along the right-of-way for the purpose of attracting and directing traffic to a particular place of business. 2. Maximum size: 6 square feet per side. 3. Location: Permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety as determined by the Director of Public Works or Chief of Police or their designee. Signs shall be limited to the exterior edges of the right-of- way, and completely outside of the vehicular and bicycle travel lanes. Shall be located behind the outermost curb and gutter, not impede pedestrian traffic, and are completely prohibited to be stationed in any median, island, or other refuge within the right-of-way. H. Yard — small. 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 number: a. For all nonresidential uses: Limit of 1 per business b. For all residential uses: No limit 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. I. Yard —large. 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 number: 1 per street frontage or major interior drive, not to exceed 2 23 3. 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 4. Minimum setback: 5 feet 5. Maximum height: Shall not exceed 7 feet in height 6. Location: Allowed only on properties with active listings for sale or for rent, or on properties with active building permits. Also allowed for urban gardens. Section 11. The existing Section 26-711 (Billboards.) of the Code is renumbered as Section 26-712 (Billboards). Section 12. The remaining Sections 26-713 through 26-800 are reserved for future enactment. Section 13. Subsection 26-613.A.5. (Home occupations.) of the Code is hereby amended as follows: 5. Each home occupation is permitted to have one non -illuminated sign up to 2 square feet in size. The sign may be freestanding or wall -mounted. See seGt;en 26- ARTICLE VII, CHAPTER 26. Section % Subsection 11-296(a). (Application for license.) of the Code is hereby amended as follows: (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional information required by the Colorado Medical Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed or located on the property until approved by the city. See seGtiGn 26 7-08.H. ARTICLE VII, CHAPTER 26. Section 15. Subsection 11-406(a). (Application for license.) of the Code is hereby amended as follows: (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, a sign application and all additional information required by the Colorado Retail Marijuana Code. If proposed signage is not available at the time of initial application, an applicant may file the sign application as soon as practical. No permanent or temporary signage may be installed 24 or located on the property until approved by the city. See seGtien 26 ARTICLE VII, CHAPTER 26. Section 16. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 17. Effective Date. This ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to , this 9th day of April, 2018 and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for April 23, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29t" Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final readying by a vote of to , this day of , 2018 SIGNED by the Mayor on this day of ATTEST-. Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: Bud Starker, Mayor Approved as to Form , 2018. Gerald E. Dahl, City Attorney 25 Draft — February 6, 2018 Staff Review ARTICLE VII. - SIGN CODE 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 ........1 ..................9 ................10 . .......................................................................... Sec. 26-712. - Billboards; specifications and regulations .................................................. ....15 ....16 Sec. 26-701. - Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings 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. Sec. 26-702. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Page 1 Draft —February 6, 2018 Staff Review 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. Directional sign. A freestanding 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 eight(8) 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. Page 2 Draft —February 6, 2018 Staff Review 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. 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. Signs carried by persons. Any sign, which is carried or worn by any person, typically in the right-of- way for the purpose of attracting and directing traffic to a particular place of business. 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 Page 3 Draft — February 6, 2018 Staff Review 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. Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. Sec. 26-704. - Contractor's license required. A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) Page 4 Draft — February 6, 2018 Staff Review Sec. 26-705. - Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed outdoors within the city limits until a permit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with 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. D. The property owner or lessee of the property on which the sign will be located shall be the same person applying for the sign permit. Documentation shall accompany the permit for verification. Sec. 26-706. - Non -conforming signs. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. 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 Page 5 Draft — February 6, 2018 Staff Review 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. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26- 6036. 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. 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. 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. Page 6 Draft — February 6, 2018 Staff Review 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 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. 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 Page 7 Draft — February 6, 2018 Staff Review 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. 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. 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. 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. Page 8 Draft — February 6, 2018 Staff Review 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. 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 XII and/or XIII 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. 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. Page 9 Draft — February 6, 2018 Staff Review 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. D. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 711. Type of Sign Balloon or inflatable_ Banner Pennant, streamer, and similar devices Portable Signs carried by Yard — Small Yard — Lanae Table 2. Temporary Signs by Land Use Low Density Multifamily Use Multifamily Use Residential (3-9 units) (10+ units) Use NP P P NP P P NP P P NP P P P P P P ' P L L D 0 Nonresidential Use P P P P P P 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. Page 10 Table 1. Permanent Signs by Land Use Low Density Multifamily Nonresidential Type of Sign Residential Residential Use 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 NP P Directional NP P P Flag P P P Freestanding L P P Roof NP NP NP Traffic control or P P P regulatory 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. Type of Sign Balloon or inflatable_ Banner Pennant, streamer, and similar devices Portable Signs carried by Yard — Small Yard — Lanae Table 2. Temporary Signs by Land Use Low Density Multifamily Use Multifamily Use Residential (3-9 units) (10+ units) Use NP P P NP P P NP P P NP P P P P P P ' P L L D 0 Nonresidential Use P P P P P P 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. Page 10 Draft — February 6, 2018 Staff Review 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 require building permits. B. Address Numbers. 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. 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 (21D) 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 (31D) 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. Page 11 Draft — February 6, 2018 Staff Review F. 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 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. J. 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: Page 12 Draft – February 6, 2018 Staff Review a. For new development or total redevelopment new pole signs shall not be allowed, unless the development is located within'/ bile of the interstate and a highway -oriented sign is proposed. 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. When not associated with new development or total redevelopment, pole signs are permitted, but strongly discouraged f. 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. b. Where multiple signs are permitted because of multiple street frontage, the signs may be 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'/ 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. Page 13 1,501-5,000 s.f. 5,001-50,000 s.f. Over 50,001 s.f. Draft – February 6, 2018 Staff Review 35 s.f. plus 1 s.f. per each additional 50 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. 1 s.f. of floor area over 1,501. 100 s.f. plus 1 s.f. per each additional 500 s.f. of floor area over 5,001. 190s ' f. plus 1 s.f. per each additional 1,000s.f. of floor area over 50,001 up to a maximum size of 300 s.f. 150 s.f. plus 1 s.f. per each 300 s.f. of floor area over 5,001. 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 400 s.f. *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 (3D) 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. 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. 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 facade so they do not overlap windows or columns. c. Innovative and unique sign graphics are encouraged. Page 14 Draft — February 6, 2018 Staff Review 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, except as noted in subsection H below. a. One (1) temporary sign per business may be placed on eligible property at any given time. 3. Illumination of temporary signs is prohibited. 4. Temporary signs do not require building permits. B. Balloon or inflatable. 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. Page 15 Draft — February 6, 2018 Staff Review 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. G. Signs carried by persons. 1. Definition: Any sign, which is carried or worn by any person, typically in the right-of-way for the purpose of attracting and directing traffic to a particular place of business 2. Maximum size: 6 square feet per side. 3. Location: Permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety. Signs shall be limited to the exterior edges of the right-of- way, and completely outside of the vehicular and bicycle travel lanes. Shall be located behind the outermost curb and gutter, not impede pedestrian traffic, and are completely prohibited in any median, island, or pork chop within the right-of-way. H. Yard — small. 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 number: a. For all nonresidential uses: Limit of 1 per business b. For all residential uses: No limit 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. Yard — large. 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 16 a. Location. No yard signs shall be erected or placed in parks, alleys or in a street or other public right -of way or place. b. Quantity, area and height. A yard sign shall comply with the quantity, area and height requirements established in subsection (m) of this Section. (p) Sign measurement. (1) When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one (1) of the two (2) faces. (2) For a sign which is framed, outlined, painted or otteewise :prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. (3) For a sign comprised of individual letters,. figures or elements on a wall of a building or surface of a structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which form or approximate the perimeter of all: elements in the display;,, the frame and any applied background that is not part of the architecture of the building or, structure. When separate elements are organized'to, form a single ,sign - but are separated by open space, the sign area and dimensions shall', be calculated by' determining the geometric form, or combination of forms, which comprises all of the display'areas, including the space between different elements. j9n Measurement Detail (4) For a freestanding pole or, monument sign, the sign area shall include the frame, if any, but shall not include: a. The pole(s) or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or part of a display device. b. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general. (5) The area of a freestanding pole or monument sign shall be measured as follows if the sign is composed of more than one (1) individual cabinet or includes a rider: a. The area around and enclosing the perimeter of each cabinet or rider shall be summed and then totaled to determine total area. Page 24 Draft — January, 2018--- Formatted: Right ARTICLE VII. - SIGN CODE Contents Sec. 26-702. - Definitions................................................................................................................2.1 Sec. 26-703. - Enforcement and penalties...................................................................................54 Sec. 26-704. - Contractor's license required................................................................................65 Sec. 26-705. - Permit required.......................................................................................................65 Sec. 26-706. - Non -conforming signs............................................................................................75 Sec. 26-707. - General provisions/performance standards.......................................................76 Sec. 26-708. - Miscellaneous provisions....................................................................................1013 Sec. 26-709. — Permitted Sign Types........................................................................................133.8 Sec. 26-710. — Permanent Sign Standards..............................................................................1444 Sec. 26-711. —Temporary Sign Standards..............................................................................1935 Sec. 26-712. - Billboards; specifications and regulations .......................................................2.13 Ses. 2i3 7E12. Befinitiens..................................................................................................................... Page 1 Draft —Januar _ 2018------ (Formatted: Right Sec. 26-701. - Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings; and compatible with the visual character of the surrounding area, e@ Fes; 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. Sec. 26-702. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twin 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. Page 2 Draft -January 2018 - Formatted: Right 'Balloon or Inflatable sign. Any sign consisting of material intended _ Formatted: Font: Bold to be filled with air or helium or have air blown through in order to create a visual attractionentisement-f #; 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. 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. glade sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than twelvaif123 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 everyifteen 10.41 second This ---- including displag using incandescent lams electronic messaging centers EMCs LEDs. LCDs or a flipper matrix. Community sventtapenseFship bamner. A. Winner adyeFtis'Fig eemmunity events, speFts leagues, oF related naIWWAA Seheel Bisirist. 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. 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. Formatted: Font Bold Formatted: Font Bold Commented [ZWIJ: Commented [ZW2]: Follow up w changes from sign standards Formatted: Font Bold Formatted: Font: Bold Formatted: Font (Default) Arial, 10 pt, Bold Formatted: Font Bold Commented [IT3]: Revisit -council input Formatted: Highlight Formatted: Font: (Default) Arial, 10 pt Formatted: Font: Bold '"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 may Formatted: Font: Bold 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: Page 3 Draft—Jany, G (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. arA*Ymty Gendusted, sold Ar aftred elS8WheF8 GtheF than OR the PF0198Fty whish the sign is 106ated. 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 material: intended to create a visual attraction throw h movement or combining similar §4Ln es to create the impression of a line. This is inclusive of flutter flags. Formatted: Right Formatted: Font: Bold * 'eFder to efeate a visual attFacto - Commented [LM41: Probably needs more fFeestanding pole and ansheFed in the ground. consideration —especially if we want those feather signs included Z: wind or movement, Webster dictionary? Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and Commented [ZWSR4]: Attempted update based on which is of portable design, auch as A -frame or pedestal style signs. Webster dictionary definition and current definition. whish extends beyee Formatted: Font: 10 pt 1 Formatted: Font: Bold 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. Page 4 Draft —January 2018~- --- Formatted: Right Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon orfacing 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,Ib adepFejestmfl,_ A -frame or pedestal signs) are allowed the maximum square footage for _ Formatted: Font: Bold 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 valaRse ------ Formatted: Font: Bold or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure orcreating 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. twelve t1 Formatted: Font Bold ".Yard sign. Temporary, ground -mounted, portable sign constructed of paper, vinyl, plastic. ---------FormattedFont: Bold wood, metal or other comparable material, and designed or intended to be displayed for a limited erW of time. —� Sec. 26-703. - Enforcement and penalties. ------Formatted: Heading 3 ,There have been no chant es to this section. __ Formatted: Font color. Dark Red 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 at seq., specific authority is granted to the enforcement officer Page 5 Draft — J anMAly 2018• - to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. Sec. 26-704. - Contractor's license required. There re been no changes to this 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 hP 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. D 1,ie ray awner or lessee of the Property ors which the sign will be located shall be the same ep rson MAIVing for the sign permit. Documentation will need to accompany the permitfor verification. Page 6 Formatted: Right ----"- Formatted: Heading 3 Formatted: Heading 3 Draft — January 2018 ------ Formatted: Right Sec. 26-706. - Non -conforming signs. '----- Formatted: Heading 3, IndentLeft: 0", First line: 0" Subsection A.1 has been flagged as an item for Council input, lease 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. 1 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seaseaal uses shall be subjest to a twelve Fnenth paged Of ReRUGS P99F t8 Faquidng full eemplianee with 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its Replacement cost - n_ voluntarily o, 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. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26- 6038. 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. Page 7 Formatted: Font color. Dark Red Commented [176]: Add to list of questions for Council. Formatted: Font: (Default) Arial, 10 pt Formatted: Font: Bold Formatted: Heading 3 Draft —January 2018~------ Formatted: Right 1. All signs allowed by this article, except billboards,_public.signs, f permitted under the criteria in section 26-708.F saesatE which the sign isIn aced. C. Streets and rights-of-way. 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.— isry_d adreestysigsand ,., f_ : -------- 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. (there 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. 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. 1. 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 Page 8 Formatted: Font: Bold Formatted: Font: Bold Commented [IT7]: Question for council Formatted: Font: (Default) Arial, 10 pt f� Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Draft -Jan uarV 201 ------- Formatted: Right 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 businessesFormatted: Font Bold are not in operation —------------------------------------------ ----- Commented [ZWB]: From MU code 6. Internally illuminated, translucent signs should have the tvnograohy lighter than the sian f "" background. Opaque slan faces with internally -illuminated translucent typography oror Formatted: Font Bold Internally -illuminated individual channel letter with translucent faces are acceptable. Formatted: Font Bold .7. Sign lighting should be consistent with the lighting of building elements and storefront Formatted: Font Bold lighting. Formatted: Font: Bold .8_It is. encouraged that sign faces be of darker hue with light colored text topreventlight - Ware emitted at night. Formatted: Font: Bold '9. Signs adiacent to residential neighborhoods should be turned off after business hours. Commented IZW9]: Word for word from ASDM. *to. The nisthttime illumination of changeable coos signs shall conform with the+_,';;., Formatted: Font Bold foliowina criteria: — - Formatted: Font (Default) Arial, 10 pt Bold a. Illumination measurement criteria: The illuminance of a changeable copy sign shall be measured with an illuminance meter set to maasura fentcandlesrcuarata M at Formatted: Font Bold 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 nisiht:. adiusted to comply with the 0.3 footcandle measurements, H. Maintenance. 1. Any sign, including temporary signs that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. Page 9 Commented ILM11]: Cross check with ASDM? Formatted: Indent: Left: 0.3", Hanging: 0.3", No t bullets or numbering Formatted: Font: Bold Commented IZW10]: From ISA recommendations Formatted: Font: Bold Formatted: Font: Bold Draft—Janu- . - Formatted: Right 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Sec. 26-708. - Miscellaneous provisions. Formatted: Heading 3 _ Former subsection C (Freestanding signs. Commercial, industrial, and mixed use zone districts) and D(Freestanding signs. Residential a riculture 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. 1. House or building address number signs shall be consistent with section 26-639 of the zoning and development code and gstablished city policy. Formatted: Font: Bold B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21- 124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21-151. Such signs shall be limited to two (2) faces per shelter purposes with a maximum of twenty-four (24) square feet per face. C. Home Occupation 1. Home occupations must comply with Section 26-613 of the Municipal Code. 2. Residential units with an approved home occupation business license through the City, are allowed one freestanding or wall -mounted non -illuminated si n. Page 10 { Formatted: Font: Bold Draft —January 2018 ------ Formatted: Right of flooF aFea over "04-. 160 s.f plus 1 s s aFea-eVBF6;$94. 1 199 900 lAveF�&994 �us 1 s.f. per each additional 909 300 , 1 B� s inn r ' I €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 whale at the saFne VFAe al'GWOR@ 49F 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. FE. Signs in the right-of-way. Page 11 Draft—January 2018~----- Formatted: Right 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; L The sign complies with sight distance triangle requirements per section 26-603.8; 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-i_________________-----___Fo ___- Formatted: FontBold armed be in liaelieu 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. &F. Signs in mixed use zone districts. Signs in any mixed use zone district must also comply with requirements in section 26- 113. Gkt. Signs formadjuana-related businesses. No permanent or temporary sign associated with a marijuana - related business licensed pursuant to Articles XII and/or XIII 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 --- i Formatted: Normal 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 Sian Standards, Section 711: Temporary_s4gn 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 M. 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 Page 12 Draft -January 201St----- Formatted: Right 1 Municival Code, in which you check thepermifted sign types, then move forward to either section 710 ermanent or section 711 [temporary) to find the specific regulations for that sign type, if allowed. Ser- -26-7111911. - Residential, agF*GU'tUFe and publie- fa-e-ilitle-s- -we-ne diStFiets sign standaMs ehart. ru�4 Sea- -26-7110-. - CemFnervial, iindUStFial and mixed use zone diStFiGtS sign standards. shart CHART 2 Sec. 26-709. - Permitted Sign Types. A_ . A_summ_ary-of sign types addressed in this article are listed in the following tables. The tables identify if signs are permitted 1P1r 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 onlyr the following defia4ensdefinitions shall apply; 1. 4 -.Low Density Residential. Land use Cate o for determining allowable signage. both permanent and temporary, for single-family and duplex units. 2. 2 -.Multifamily Residential. Land use category for determining allowable permanent signage for residential uses with three (3) or more attached dwelling units. 3. 3 -Multifamily (3-9 units). Land use category for determining allowable temporary signage for IeweFmoderate intensity multifamily residential uses with three (3) to nine r91 ^• ^^^tee. ' ^^' dwelling units. 4. 4. -Multifamily (10+ units).Land use category for determining allowable temporary signage for higher intensity multifamily residential uses with ten (10,1,or, more attached dwelling units. 5. 6 -Nonresidential. Land use category for determining allowable signage. both permanent and temporary, for all commercia'i, industrial, and other nonresidential uses AS AM ^W ^a^^^^a^^. 1:..;^^ ^ ^..^... fGF ^^^ M C. Permanent Signs. For signs that are permitted lP or L1. additional standards are found in Section 26- 710. Page 13 Formatted: Font: Bold Formatted: Font Bold Table 1. Permanent Signs by Land Use Type of Sign Low Density Residential Use Multifamily Residential Use Nonresidential Use — Address numbers P P P Animated NP NP NP Arcade NP NP P Barbershop oles NP NP P lade NP NP P Canopy NP NP P Chan2eable copy NP NP P 'Directional NP P P Freestanding L P P Roof NP NP NP Page 13 Formatted: Font: Bold Formatted: Font Bold Draft—JanuarY2018------1 Formatted: 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. Formatted: Font: Bold Formatted: Font: Bold Formatted: Heading 3 1 Where a property is eligible for a permanent sign based on Section 26-709, the standards of this section shall apply. 2. Buildin ermits are required for all permanent signs. ----- _____________________________________________.__________-- Commented [LM12]:Ithink weput indefinitions. 3. Residential zone districts include the entire Residential series R-1 R-tA R-16 R-iC R-2 R -2A R-3, R -3A) Agricultural series (A-1. A-2), and Public Facilities (PF1----------------- ...... ...... Commented [ZW13]: REPLACE WITH NEW GRAPHICS 4. Nonresidential zone districts include the entire Commercial series [NC. RC, C-11, C-2). Mixed Use Formatted: Font: (Default) Arial, 10 pt series(MU-C, MU -C TOD MU -C Interstate MU -N). and Industrial Employment I -E B. Address Numbers. 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 proiecting beneath and attached to the underside of any balcony, canopy. awning or other structural overhand or 2assageway. 2. Maximum number: 1 per business 3. Maximum size: 4 square feet 4. Hei ht: Minimum height above street frontage or sidewalk level is 7 feet. See figure #. 5 Location: May not extend above the bottom of eaver balcony, canopy, awning or other structural overhang or passe ewe to which it is affixed. Can extend into ri ht -of -way with an approved right-of-way permit. D. Barber Shop Poles. Page 14 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 Signs carried by arsons P P P P "Yard — Small P P P P *Yard — Larne L L L L Sec. 26-710. — Permanent Sign Standards. A. General. Formatted: Font: Bold Formatted: Font: Bold Formatted: Heading 3 1 Where a property is eligible for a permanent sign based on Section 26-709, the standards of this section shall apply. 2. Buildin ermits are required for all permanent signs. ----- _____________________________________________.__________-- Commented [LM12]:Ithink weput indefinitions. 3. Residential zone districts include the entire Residential series R-1 R-tA R-16 R-iC R-2 R -2A R-3, R -3A) Agricultural series (A-1. A-2), and Public Facilities (PF1----------------- ...... ...... Commented [ZW13]: REPLACE WITH NEW GRAPHICS 4. Nonresidential zone districts include the entire Commercial series [NC. RC, C-11, C-2). Mixed Use Formatted: Font: (Default) Arial, 10 pt series(MU-C, MU -C TOD MU -C Interstate MU -N). and Industrial Employment I -E B. Address Numbers. 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 proiecting beneath and attached to the underside of any balcony, canopy. awning or other structural overhand or 2assageway. 2. Maximum number: 1 per business 3. Maximum size: 4 square feet 4. Hei ht: Minimum height above street frontage or sidewalk level is 7 feet. See figure #. 5 Location: May not extend above the bottom of eaver balcony, canopy, awning or other structural overhang or passe ewe to which it is affixed. Can extend into ri ht -of -way with an approved right-of-way permit. D. Barber Shop Poles. Page 14 Draft —January 2018---- Formatted• Right 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: l„perstreetfrontage 3. Hei ht: Pole height Gcannot exceed 5 feet in Mkihttotal, may not exceed height of buildingto which it is attached. 4. Location: Must be wall mounted. May extend into the right-of-way with an approved ri ht-of-wa permit. E. Canopy Signs. 1. Definition: A sign mounted to a roof -like structure serving the pumose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with sports, 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 F. Changeable Copy 2. Definition: A sirtn, either illuminated or nonilluminated, which is desii ned so that the message or changing copy. Including displays using Incandescent lamps,`electronlc messaging centers -„ [EMCs). LEDs. LCDs or a flipper matrix. 3. Prohibition: Chan eable 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 develo ment 5. Maximum size: a. InFef residential zone districts, a maximum of 32 square feet per sign-, w#h-a-naxin}um Meiaq>:-eft-feeE b. InFef nonresidential zone districts, the freestanding and wall signage size regulations (Sec. 26-710.G. and 26-710.K.) apply, 6. Height: a. In For -residential zone districts usesr a maximum of 7 feet b. InFef nonresidential zone districts, freestanding and wall signage height regulations (See .----- 26-710.G. and 26-710.K.) apply 7. Location: For freestanding changeable copy signs. Athe minimum setback is 5 feeteet setbaeh from any property line IG. Freestanding.1 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 nonsupporing walls. This includes ole -mounted or monument signs. 2. Owner permission required: Single tenant signs on multitenant properties must Provide property Page 15 Commented [IT741: Clarification: SW. allowance subtracted from allowable wall signage. Formatted: Font: (Default) Arial, 10 pt Commented [ZW15]: Should be changed. Need council input. formatted: Highlight Formatted: Highlight Formatted: Font: (Default) Arial, 10 pt, Highlight Formatted: Font: Arial, 10 pt Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75' + Indent at: 1” Formatted: Numbered + Level:1 + Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment: Left + Aligned at 0.25' + Indent at: 0.5" Commented [ZW16]: From MU code. Commented [ZW771: Add 3D sign allowance Commented [LM18]: Need to discuss pole v monument regs with consideration for existing regs, existing ASDM, and desire Formatted: Highlight Commented IZW19]: Pulled from MU code. Formatted: i Formatted: Formatted: Highlight Draft -Januar 20181------ Formatted: Right b In the Mixed Use zone diistftts (M The base of a freestanding the -monument sign shall be consistent with the materials of the building tewith 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 sk ns shall be placed within landscaped areas. e. Monument signs, rather than i3ole signs, re stron I encoura ed for all new development. f. Pole signs are strongly discoura ed with new development unless the develo ment is following standards shall apply: a. Where two (21 freestanding signs are permitted by virtue of multiple street fronta e. each permitted sign shall be allowed to_have the maximum square foot@ge allowed as noted in this subsection In addition the sign area allowed may be transferred from one (11 si n to another: provided that no freestanding_ sign shall exceed four hundred (4001 square feet in area. b Where multiple signs are permitted because of multiple street frontage the stens may be 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 use a. Not permitted, except for as allowed by the home occu ation regulations 6. For multifamily uses: a. Maximum number: 1 per street frontage b. Maximum size: 32 pguare feet c. Minimum setback: 5 feet from any property line d. Maximum hht: 7 feet 7. For nonresidential uses in residential zone districts: a. Maximum number: 1 perstreet fronta e b. Maximum size: 32 square feet c. Minimum setback: 5 feet from any propertyline d. Maximum height: 7 feet 8. For nonresidential uses in nonresidential zone districts: a. Maximum size: Based u on Table 3 below. b. Minimum setback: Based upon height and adjacent zoning.- oning:i. 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 heiiaht iv. 30 feet for sions over 15 feet in height c. Maximum height: Based upon zoning and location: L 7 feet in all mixed use zone districts ii. 50 feet for r ail and service businesses within Y4 milt of an interstate highway. measured from the property line iii. 15 feet for all other freestanding signs .iH. �e of m ultoole s#eet feet -Rae allowed based an the fe area allowed r+av #esstanding -ia W h8Fe mUMS1e SOEIRS We 199FM'Heil beGause of multwDle rt.eet f.e Ata H.e may be ereeted on the same SO Commented [ZW201: Pulled word for word from ASDM. `------ I Formatted r Page 16 Draft – Jan uary 2018• Table 3. Maximum sign area forfreestanding signs for nonresidential uses in nonresidential zone distrc+s Floor Area of Buildin . Single TenantUse Sign9eveleameat Multiple TenantUse- SignBeveleemeat 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 M1 s.f. of floor area over 1,501. 5.001-50.000 S. f. 100 s.f. olus 1 s.f. oer each additional 150 s.f. plus 1 s.f. Per each 300 s.f. of 500 s.f. of floor area over 5,001 floor area over 5.001. Over 50.001 s.f. 190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional 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. fFontaQe. el. n Fmw#Ad sign shell be e11e,.,ee1 {e have the m feetaqe allowed. as defined in seefien 1A hBFe e..„Minle signs Fmotted bemuse of multiple stFeet f.e Rtage the SMQRS ••,ybe eFeeted on thestFeeffmnFeee allew . LandeGaigiRQ n{. Ce. n .e dA eleemenl or fetal Fedevelenmen el 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.i#wss__.sage fFeestandung OF we!' mounted. H. Blade. 1. Definition: A sign which is affixed to any buildinq. wall or structure and which extends beyond the building wall more than twelve (12) inches. Prosection shall extend no more than 48 inches away from the structure to which the sign is attached, ------------------------------------------------ 2. Maximum number: 1per street frontage or business 3. Maximum size: 1 square foot 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 ri ht-of-wa with an a roved riqht-of-wav permit. 6. Additional standards: a. Blade signs are encouraged in the Traditional Overlay areas as defined by the Architectural and Site Design Manual. Formatted: Right Commented [IT211: change to blade sign, and make sure to update elsewhere. Refine definition, and include minimum and maximum in same section. Research what other communities have. Formatted: Font: (Default) Arial, 10 pt `------' Formatted Page 17 Draft — JaEgity 2018, Formatted: Right b. Wall signs and prooecting signs are allowed on the same wall within the Traditional Overlay. c Blade signs should not be located closer than twenty_ -five 1251 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 features such as a primary en d. The structural support of oroiect"snctsfpns should be integrated into the design of the sign, Commented IZW221: From ASDM 7. 3-dimensional allowance: Standards 1-6 apply, however. the size is permitted to be 1.75 cubic I Formatted: Font: (Default) Arial, 10 pt feet for each 1 foot of height of the building wall to which the sign is to be attached. Should not --------- Commented [ZW23]: Need standard that differentiates me motorized or animated. 3D from 2D sign I. Directional. 1, Definition: A freestanding or wall -type sin not located within the gublic street richt-of-way, providing necessary directional information to motor vehicle operators or oedestrians, such as entrarrce, exit, parking limitations or location of onsite blJAdings 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 heicht if within a required sight distance triangle or 48 inches where outside of a sight distance triangle. If 8R OfflanozatiOR inseFwate the Woe shall not d e feel LoGatmeT J. Traffic control or Mulatoiy. 1 Definition Signs, signals or markings placed or erected by federal, state or local authority of the purpose of regulating warning or guiding traffic 6A...e'mum `• Ale. nmA Heiq ft 0.L.li mil . v 2. Location: Ma be placed by the federalr state or focal authority within the public ri ht-of-wa . MF Vekisle. —Be#ia+tiea t S+anaae 99FinaneraNle�serr+l aees+aaefltty n^�^� erative yehielf�w#iieh 06 9F'FAaFjIV used b., F f8F delmyeFy 8F o al tFaR eel ti reQuIaf basir- A.. ...hAr- Ale. p limit • NeRe I'mil„ l4eipht: None limit 1 afiew G H.. re mr'. el+L.le el. K. Wall or painted. 1. Definition: aA sign constructed of durable materi I which is permanently affixed to an exterior surface of any buildin , wall or structure or ainted directly on the exterior surface of a buildln wall or structure which does not extend more than 15 inches beyond the building . wall except that signage placed upon marquees, canopies or awnin s shall be considered wall -signs, 2. Maximum number: a. 1 per street fronts a or major interior drive per activity b. -For uses which have a rear entry or delivery,door, 1 nonilluminated wall sin ner 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. Page 18 Draft—January 2018------ Formatted: Right '� �hall-1r�e�tsasider�-waas[aalr'�e-eal8u�te€I based -u r-bvildltaae-walla-€Sad — — -440"eWFIGI ataev —FRBRGEIFEI.- -��Fa a. 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 5. Other: Signs affixed to ^.,,gfg2 es nooles er awninos shall be consjdered wall signs and shall -be calculated based upon the length of the wall to which they are attached or adiacent-jo- 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. L. lffindow o 1. Detinmon: any signs or aecai amxea to, painteo onranpuea to, or nangmg wmmn tweive 11'.'-1 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 �m Commented [LM24]: Canopies or awnings? We don't use the term marquee Commented [IT25]: consistency Formatted: Font: (Default) Arial, 10 pt ------" Formatted Sec. 26-711. Temporary Sian 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 propene at anv given fime with the exception of seasonal signs as described in subsection F below. 3. Illumination of temporarysitins is prohibited. B. Balloon or inflatable. 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 tVVes and sizes of balloons, and similar devices. Page 19 ------ Formatted: Heading 3 Draft—January 2018• i Formatted: Right MafHmurR gize ----------------------------_._ ___-_-_-___----_-_-_-__--___--- Commented [ZW27]: Want to revisit... thinking about 2. Height: Cannot exceed the maximum permitted building height for the zone district in which they giant gorilla or whatever was mounted ontop of medved. are located measured from existing rade. — 3. Location: May not be located within the Public right-of-way. Formatted: Font: (Default) Arial, 10 pt 4. Other: Shall be securely anchored or attached so as to i3revent 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 flight material that is mounted with no enclosing framework intended to be displayed for a short 1period of time. 2. Maximum size: Total size for any single or combined banners affixed to a wall based on one half 112 he allowance for wall sign $. 3 Location• May be placed upon a building wail but shall not be atWhed to fencing, landscaa: n% freestanding posts or utility poles. Banners may be placed only on walls facing a public street or maior 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 sion made of flexible materials intended to create a visual attraction through movement or combining similar sign types tQ create the impression of a line. This is inclusive of flutter fi s. MaAFRuFn size: ue ..tip• I.. a i. 2. 94heFLocation Shall be securely anchored or attached so as to 2revent dislocation entanglement or encroachment onto adjacent properties or public streets or undue hazard to motorists or pedestrians. Signs carried by persons 1. Definition: Needed, and match definitions section 2. Maximum Number: 3. Maximum size: 4. Location: Permitted along any public right -of -way, -provided they do not negatively impact vyphicular icvcle or pedestrian safety. Signs shall be limited to the exterior edges of the roadway, behind the outermost curb and flutter. and are prohibited in any medians, islands or pork chops within the right-of-way. H. Yard — small. 5. Definibon: A rag, round mounted rt bla sign co of pa per vinyl, piesti motel or other cormarable mated I and designed or in ended to be displayed forlimited 2griod of time 6. Maximum number: a. For !ow density residential uses, and multifarriilb (3-9 units): No limit. b. For multifamily_ 10+ units): c.For nonresidential uses: Limit �r business at any given tim _ nit e iLwarrceFrom va I --sesta -- d" ria4wDm 1-thra41Bk1-NMGMber-a0 Page 20 Formatted: Font: Arial, 10 pt Commented [ZW28]: Standards pulled from current "Political Campaign Signs" Commented [LM29R28]: Distinguish between small and large in definitions also Commented [ZW301: From Brush sign code i Formatted: Highlight Formatted [Commented [RM31]: Three months seems more realistic? Ask CC? Commented [IT32]: allow council to discuss Formatted: Highlight Formatted: Highlight 11 Formatted: Indent•. Left: 1 ", No bullets or numbering Formatted: Highlight I Formatted: Font. (Default) Arial, 10 pt, Highlight Draft—January 2018• Formatted:Right 7. Maximum size: Shall not exceed $four OWA square feel] in size ,per sign ............................. Commented [IT33]: follow up. 6 sq ft r 8. Location: MavShall not be placed within city right-of-way or municipally owned property. Ale vary Commented [LM34]: seems too big. what's the size of a typical small yard sign? 3 square feet? 18 x24? I. Yard — large.) Formatted: Font (Default) Arial, 10 pt 1. Definition: A Ttem ra round -mounted Commented [ZW35]; standards pulled from current portable sign constructed of paler, vinyl, plastic, "Real Estate Signs" wood_ metal or other comparable materiah and designed or intended to be disolaved for a limited period of time AAANORM-FR R' 2. Maximum size: a. For low density residential uses, and multifamily (3-9 units)5 9.9 square feet b. For multifamily 10+ units 32 square feet ---------------- c. For nonresidential uses 2 square fee 3. Minimum setback: 5 feet 4. 'Maximum }theighl. Shall not exceed 7 feet in he[nh� 5. Location Allowed only on properties with active listings for sale or for rentor on properties with active building permits OtheF For !a- density residential. this sman We is allowable fGF OFOI99FUes astively lmsted4ai, eale With 8 se4o .e bumidee Finat No aFd lame s a foF an n ner1.. ..ha" L.e ill.. ..tee F. PortabLd ___________ --------------------------------------- 1. Definition: Anv sign which is suDoorted by one fl or more uoriahts or braces upon the around and which is of portable design, such as A -frame or pedestal stkle signs. h4nx6m,,m n, 2. Maximum size: 6 square feet per side per sign 3. Leea4eaSetback: a. feet from any street right-of-way line if taller than 36 inches b, eF2 feet from any street d ht-of-wa line if 36 inches or less in hei ht 4. Location: a—Maybe located on a -sidewalk within private prooertv, provided that adequate clearance exists to meet ADA requirements. a- 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. Must eniv be dds Sec. 26-7124. - Billboards; specifications and regulations. There have been no changes to this section, other than the section number has changed from 711 to 712. Page 21 Commented [ZW36]: Need something to differentiate this from yard — small Commented [LM37R36]: Maybenot—justdistinguished by size and eligible properties (sort of like minor or major accessory structures?) Commented [LM38]: Differentiate between low density res and mid -/high- multi? Commented [ZW39]: Pulled from current "construction signs" Commented [LM40]: Put in alphabetical order Formatted: Heading 3 Char, Font (Default) +Body (Calibri), 11 pt STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO December 18, 2017 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. Residential Height Limitations in R1 -C 2. Marijuana Research & Development Licenses 3. Sign Code Regulations 4. Freestanding Emergency Rooms 5. Staff Report(s) 6. Elected Officials' Report(s) ADJOURNMENT WhCity of 1�9r eat j CQwu►auNilY DEVELOPMENT �idge Memorandum TO: Mayor and City Council FROM: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Gerald Dahl, City Attorney THROUGH: Patrick Goff, City Manager DATE: December 18, 2017 SUBJECT: Sign Code Regulations Item 3. ISSUE: In June of 2015, the United States Supreme Court decided the case of Reed 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. Briefly, signs cannot be regulated by their content, and sign codes may only regulate signage utilizing time, place and manner regulations. The purpose of this memorandum is to follow up on several issues now that City Council and Planning Commission have provided additional input and recommendations. This memorandum is very similar to the sign code memorandum received by City Council for the October 16 Study Session. Below each sign type, Staff has summarized the consensus motions and recommendations provided during the October 16 Study Session and November 16 Planning Commission meeting. 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 presented Council with a sign code draft and requested further direction on several issues. Staff presented the same code draft and Council's input to the Planning Commission in November 2017. Due to the complexity of some issues and conflicting input from City Council and Planning Commission, Staff is seeking additional input from City Council on the sign code draft and on specific sign - related items before moving forward with an update to the code and public hearing. 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. The attached draft sign code is the same version presented to City Council on October 16. It will be updated after the December 18 study session to incorporate all feedback received up to this point. This memo is also similar to the one presented on October 16. The grey text boxes summarize the direction received to date and the outstanding questions that remain. Sign Code Regulation December 18, 2017 Page 2 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 text format. This formatting change improves 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. City Council and Planning Commission have indicated their support for the Reed v Gilbert proposed updates. No further input on this topic is required. 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. City Council and Planning Commission are supportive of this approach. Sign Code Regulation December 18, 2017 Page 3 No further input on this topic is required. Another item of interest, particularly from business owners and the Community Services Unit who is responsible for in -field sign code enforcement, is the regulation of persons holding and spinning commercial signs, often referred to as `sign spinners,' or as Council has previously directed staff to categorize them as `signs carried by persons.' 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. Council reached consensus to allow sign spinners along any public right-of-way, provided they do not negatively impact vehicular, bicycle, or pedestrian safety. Council further directed they should not be allowed within the roadway. Planning Commission requested that the prohibition on sign spinners in the roadway be drafted to specify that signs carried by persons are also prohibited from medians, islands, and pork chops within the right-of-way. No further input on this topic is required. 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. Sign Code Regulation December 18, 2017 Page 4 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. A "how to" guide is available 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. 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. Planning Commission concurred with City Council's consensus. No further input on this topic is required. 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. Planning Commission was also supportive of this approach, but also wanted to ensure 3D signage could not be motorized or animated. No further input on this topic is required. 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. Sign Code Regulation December 18, 2017 Page 5 Council provided consensus to request the property owner / lessee of the property be the same person applying for the sign. Planning Commission was also supportive of this approach. No further input on this topic is required. 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 an 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 sigps (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 had 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 had recommended 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. Planning Commission disagreed with the Council consensus and expressed concern about the proliferation of yard signs, and the ability to circumvent other signs standards, such as the home occupation sign allowance. In the spirit of preserving neighborhood integrity and reducing visual clutter, Planning Commission requests that Council reconsider this topic and recommends that there be limits on residential yard signs, with a less restrictive allowance leading up to an election, and a more restrictive allowance during the remainder of the year. Planning Commission recommends the less restrictive allowance not be date specific, but rather be applied to a specific number of days prior to any election (November, special, primary, etc). Q: Is Council willing to reconsider this issue and to consider the Planning Commission recommendation? A separate content -neutral category of "yard sign (large)" accommodates real estate, leasing, and construction signs for residential properties. Freestanding signs Sign Code Regulation December 18, 2017 Page 6 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, City Council is 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 within 1/4 -mile of I-70) 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, however, were less certain regarding new signs not associated with development, and were split 3-3 on this issue. Mayor Jay 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. Planning Commission reached consensus to recommend that all new signs to be of monument design. Q: Is Council willing to reconsider the issue and to consider the Planning Commission recommendation that all new signs be monument design? Non -conforming signs Current code encourages the continuing 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, such as sign height and setback. Council consensus to move forward with creating a schedule for amortizing existing non -conforming pole signs. Planning Commission agreed with City Council's direction, and proposed a 3 -year amortization schedule. In addition, they recommended all existing pole signs be amortized within 10 years in an effort to improve the visual character of the community and signs. Q: Does Council support a 3 -year timeframe for the amortization of nonconforming pole signs? Q: Does Council support a 10 -year amortization of all pole signs? Changeable Co EMC LED signage Staff has noted an increased interest in changeable copy LED signage from businesses across the City, including many along 38th Avenue. The current sign code prohibits LED signs in the Mixed -Use Neighborhood (MU -N) zone district, which comprises the majority of 38th 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. Sign Code Regulation December 18, 2017 Page 7 Council was split on this issue (3-3), and Mayor Jay 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. Planning Commission agreed that current regulations should remain in place prohibiting changeable copy and LED signage in the MU -N and MU -C TOD zone districts. In the time between the October City Council Study Session and the November Planning Commission study session, the question was raised as to whether or not it was appropriate or desirable to allow LED/changeable copy signs for properties owned by the City, a school district, or political subdivision of the state. Planning Commission had no objection to creating a carve out for LED and changeable copy signage to be located on publically owned land. Q: Does Council support an allowance for LED and changeable copy signs on publicly owned land? 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 that end, Staff recognizes the importance of completing this project as efficiently as possible. Next steps include the following: • City Council Study Session —December 2017 • Planning Commission Public Hearing — January 2018 • City Council Public Hearing — February/March 2018 ATTACHMENTS: 1. Draft Sign Code Draft — October 16 CC SS ARTICLE VII. - SIGN CODE Contents Sec. 26-701. - Intent and purpose...................................................................................................1 Sec. 26-702. - Definitions..................................................................................................................2 Sec. 26-703. - Enforcement and penalties.....................................................................................4 Sec. 26-704. - Contractor's license required..................................................................................5 Sec. 26-705. - Permit required.........................................................................................................5 Sec. 26-706. - Non -conforming signs..............................................................................................5 Sec. 26-707. - General provisions/performance standards.........................................................6 Sec. 26-708. - Miscellaneous provisions........................................................................................8 Sec. 26-709. — Permitted Sign Types............................................................................................10 Sec. 26-710. — Permanent Sign Standards..................................................................................11 Sec. 26-711. — Temporary Sign Standards..................................................................................15 Sec. 26-712. - Billboards; specifications and regulations...........................................................17 Sec. 26-701. - Intent and purpose. Subsection F modified to be in compliance with Reed v Gilbert. 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. ATTACHMENT 1 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. A freestanding 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- 6036. 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 yonder the criteria in section 26-7085 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. ka V 1 1 . No sign shall be erected in such a location as to interfere with motor vehicle) 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; 1 f *b. Public, traffic, regulatory, ry,and blade signs; and 1 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. F. Outside display. 1. 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. 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. 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, The sign complies with sight distance triangle requirements per section 26-603.13; The sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; 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 Al and/or XIII 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. Page 10 Table 1. Permanent Signs by Land Use Low Density ' Multifamily Nonresidential Type of Sign Residential Residential Use 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 NP P Page 10 Draft — October 16 CC SS *Directional NP P P Flag P P P Freestanding L P P Roof NP NP NP Traffic control or regulatory P P P Vehicle Wall or painted Window or door P L P P P P 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 -1A, 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. B. Address Numbers. 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) Multifarnily, 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 -1A, 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. B. Address Numbers. 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 (21D) 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. F. 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. J. 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 % 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 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: L 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: L 7 feet in all mixed use zone districts ii. 50 feet for retail and service businesses within '/< milt of an interstate highway measured from the property line iii. 15 feet for all other freestanding signs Tattle 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 (3D) 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 B. Balloon or inflatable. 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. G. Yard — small. 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 December 4, 2017 Patrick Goff City Manager City of Wheat Ridge Dear Patrick, I am writing on behalf of the Colorado Outdoor Advertising Association (COAA) to request a meeting with you and your staff to discuss the proposed sign code changes in Wheat Ridge. The upcoming changes that Wheat Ridge is entertaining would create a proliferation of advertisements that the City would be powerless to contain. COAA's suggestion is to maintain the distinction between on -premise and off -premise signage because it would prohibit a business owner from selling their signage space on their property to companies that aren't associated with that specific property. The City's proposed workaround: requiring the owner of the sign and property to be the same person does nothing to prohibit the owner from hiring an agent to sell off -premise messages to advertisers. Our suggestion of maintain the off -premise definition legally complies with Reed vs. Town of Gilbert. Our lawyer, Dick Holme, has been an attorney for the past 45+ years representing Colorado's largest outdoor advertising company and is an expert in sign code. Recently, he was heavily involved in the complete revamp and adoption of the CDOT's outdoor advertising regulations. In the attached letter Re: Grand Junction Sign Code and Outdoor Advertising, Holme outlines the legal argument as to why it's possible to maintain the distinction between on -premise and off -premise signage while complying with the Reed vs. Town of Gilbert ruling. It would be of great benefit for Wheat Ridge to meet with us following our recent success in Jefferson County. The county was considering moving forward with amendments to the sign code that removed the definition of off -premise signage, but changed their mind following our meeting because they didn't realize that the county would be opening themselves to an uncontainable proliferation of advertisements. County staff didn't realize that they could legally comply with the Supreme Court ruling and while keeping the language regarding off - premise signage. We are looking forward to discussing this issue further with you. Thank you for the consideration. Sincerely, RD Sewald Sewald Hanfling Public Affairs RD SewaldHanf_ling.com 303-800-4500 DAVIS GRAHAM STUBBS December 15, 2016 Mark L. Gamble, General Manager Colorado Western Outdoor Advertising Inc. P.O. Box 2906 Grand Junction, CO 81502 Re: Grand Junction Sign Code and Outdoor Advertising Dear Mark: Richard P. Holme 303 892 7340 richard.holme@dgslaw.com You have requested that I discuss my analysis of the impact of the United States Supreme Court's ruling in its decision in the case of Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), as it affects the City of Grand Junction's approach to revising its Sign Code, particularly relating to off -premises, outdoor advertising. I understand that you may be providing this letter to City officials who do not know me, so let me start with a brief description of my background in this area. Starting 44 years ago, I have continually represented Colorado's largest outdoor advertising (billboard) company in all of its litigation and regulatory legal issues in Colorado. For about the last 20 years, I have also been primary counsel for all of the other major billboard companies for much of their legal work in Colorado, and have served as counsel for the Colorado Outdoor Advertising Association. For example, in 1975,1 represented Denver's largest outdoor advertising company in its successful challenge to Denver's Sign Code which would have effectively terminated outdoor advertising in the entire City. Most recently, I was heavily involved in the complete revamping and adoption of the Colorado Department of Transportation's new outdoor advertising regulations. In these various roles, I have kept very close tabs on decisions of the United States Supreme Court relating to billboard regulations, including closely studying the Reed decision when it was announced. The decisions in those cases usually revolve around the relationship of signs to First Amendment Freedom of Speech. In short, the Court has been concerned about laws that either stifle speech or that discriminate against certain subject matters and favor others (e.g., political speech versus religious speech). These regulations are generally referred to as "content based".and are subjected to very strict analysis, usually resulting in their invalidation under the First Amendment. Laws that are not based on the content of the sign are "content neutral" and are subject to a less stringent First . Amendment analysis, which normally finds the laws valid and enforceable. Although the Reed decision relates primarily to non-commercial signage, my clear conclusion when it was issued, and still today, is that it has very little, if any, relevance to the regulation of billboards. I will try to summarize the bases for my conclusion without making this letter too long. Davis Graham & Stubbs LLP F: 1550 17th Street, Suite 500 b Denver, CO 80202 is 303.892.9400 as fax 303.893.1379 a dgslaw.com 4242378.1 Mark L. Gamble, General Manager Colorado Western Outdoor Advertising Inc. December 15, 2016 Page 2 First, when the author of Reed, Justice Thomas, was discussing content based signs, he described them as laws that apply "to particular speech because of the topic discussed or the ideas or message expressed." A content based law, he said, "requires a court to consider whether a regulation of speech 'on its face' draws distinctions based on the messa g a speaker conveys." Given these descriptions of content based laws, Reed was not aimed at laws that merely regulate signs based on the location of the signs — i.e., on -premise signs with messages about the establishment located on the same physical location, or off -premise signs containing messages about any topic, idea or message that is not located on the same physical site as the sign. Second, the discussion in Reed was approved by only six justices. Three of the six explicitly stated that Reed "does not mean that municipalities are powerless to enact and enforce reasonable sign regulations," including "Rules distinguishing between on -premises and off -premises signs." Without the three concurring justices and their significant modification (or, perhaps, more kindly stated, clarification) of Justice Thomas' opinion, his opinion would not have prevailed. Thus, their view has to be considered as crucial to understanding Reed. Third, Reed was clearly concerned about laws concerning non-commercial signs — laws specifically based on signs carrying messages on religious, political and ideological topics. Reed was not dealing with commercial signs because it did not cite, mention or discuss any of the prior Supreme Court decisions that had related to laws involving commercial signs, including the 1980 landmark decision in Central Hudson Gas & Electric Corp. v. Public Service, 447 U.S. 557 (1980). If the Court were going to change the law concerning commercial signs, it would have had to deal with and distinguish those cases. I was recently pleased to learn that Harvard Law Professor, Laurence Tribe, perhaps to most knowledgeable and widely recognized expert on the First Amendment in this country (outside of the Supreme Court Justices themselves), reached the same conclusions that I did (suggesting that the conclusions were not so difficult that only Professor Tribe could figure them out). I have included his letter to the Outdoor Advertising Association of America for a more erudite explanation why Reed does not apply to billboards. Neither Professor Tribe, nor I, had the advantage that one can have now of a series of judicial decisions that have reached the same conclusions that we did. Those cases include: Geft Outdoor LLC v. Consol. City of Indianapolis, 1:15-cv-01568-SEB-MJD (S.D. Ind. May 20, 2016); Contest Promotions, LLC v. City and County of San Francisco, No. 15-cv-00093-SI, 2015 WL 4571564, at *4 (N.D. Cal. July 28, 2015); California Outdoor Equity Partners v. City of Corona, No. CV 15-03172 MMM (AGRx), 2015 WL 4163346, at * 10 (C.D. Cal. July 9, 2015); Citizens for Free Speech, LLC v. County of Alameda, No. C14-02513 CRB, 2015 WL 4365439, at *13 (N.D. Cal. July 16, 2015). In short, concerning Grand Junction's consideration of rewriting its sign code as it relates to off - premise signs, it should be apparent that Reed does not justify any significant (or any) revision of those portions of its existing sign code. Mark L. Gamble, General Manager Colorado Western Outdoor Advertising Inc. December 15, 2016 Page 3 If you have any other questions I can answer, please let me know. Sincerely, 7t/ 1 /AL- Richard P. Holme Senior Of Counsel for DAvis GRAHAM & STUBBS LLP RPH:dk HARVARD UNNSRSrrY 1 Hauser Ha11420 Cambridge, Massachusetts 02,38 tribeMaw.harvard.edu Laurence H. Tribe Tel-- 617-495-1767 Carl M. Loeb University Professor* MEMORANDUM To: Nancy Fletcher, president, Outdoor Advertising Association of America From: Laurence H. Tribe"'` Date: September 11, 2015 Applying the First Amendment to Regulations Distinguishing Between Off -premises and On -premises Signs After Reed v Town of Gilbert i:.:This memorandum is in�response to•your request,for my Qpinio:and guidaue.an•the impact of the Supreme. Court',:arecent decision,inReed .v..Tpwn of Gilbert,qu regulations.that distinguish-between�off:preznises:ond,Qn-premises signs. The fact that a regulation distinguishes between off -premises and on -premises signs does not render it content -based and thereby subject it to strict scrtrtiny after the Supreme Court's June 2015 decision in Reed `v. Town of Gilbert. Instead, courts will follow a wealth of Supreme Court precedent treating such laws as content -neutral regulations of speech and will review — and ordinarily uphold — those laws under intermediate scrutiny. As three Justices made explicit in a premises distinction was not called into question by concurring opinion in Reed, the on -/off - Reed's framework for determining when a regulation is.content based. Indeed, a straightforward exercisetin Supreme Court vote counting demonstrates that there would be at least. six votes on i the Supreme Court to uphold regulations that treat on- and off -premises signs differently. } Laws regulating signs and billboards must, of course, comply with the First Amendment, as applied to the States through the Fourteenth Amendment, which prohibits the enactment of laws abridging the freedom of speech: The Supreme Court has established. two levels of review_ for evaluating challenges to such laws based on whether they are content based or content neutral:: Laws that are deemed ".content -based" are evaluated under strict scrutiny, and will be upheld onlyif•they.are "the least:restrictive means of achieving a compelling state �intexest," . McCullen v. Coakley, 134 S. Ct,-25i-8•, 2530 •(2014). Laws that are; deemed.:"content neutral," in contrast, are evAluated under less -searching intermediate scrutiny, a standard under which laws are upheld provided they are "narrowly tailored to serve a significant governmental interest." Id at 2534 (quoting Ward v. Rock Against Racism, 491 U.S. 781, 796 (1989)). Indeed, the Supreme Court has frequently declined to apply strict scrutiny even to Laws that at first blush appear to be content based. See Turner Broad Sys., Inc. v. FCC, 512 U.S. 622, 642 (1994) ("Deciding whether a particular regulation is content based or content neutral is not always a simple task."). For example, the Court refted to apply strict scrutiny in a challenge to a municipal sign law that excepted address numbers and commemorative markers from its restrictions. See Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984); see also City of Ladue v. Gilleo, 512 U.S. 43 (1994) (assuming without deciding that exceptions to a sign ordinance for certain types of signs did not trigger. strict scrutiny). Similarly, the Court declined to apply strict scrutiny to a zoning law that banned adult movie theatres in designated areas because it was not designed to "suppress the expression of unpopular views." gee Renton v. Playtime Theatres, Inc., 475 U.S. 41, 48 (1986). . The Supreme Court issued its most recent formulation of the content-based/content- neutral ontent based/contentneutral distinction this June in Reed'v. Town of Gilbert. 135 S.Ct. 2218 (2015). In Reed, the Court applied strict scrutiny to strike down a municipal sign code that expressly singled out "Ideological Signs," "Political Signs," and "Temporary Directional Signs" for different time and size restrictions. Id at 2224 - 25. Justice Thomas, j Dined by Chief Justice Roberts and Justices Scalia, Kennedy, Alito, and Sotomayyor, held that the a law "is content based if [it] applies to . particular speech because of the topic discussed or the idea or message expressed." Id at 2227. This "clear and firm rule governing content neutrality," id at 2231, could significantly broaden the sweep of laws vulnerable to invalidation under strict scrutiny. After Reed, many regulations that were previously thought to be content neutral might now be subject to strict scrutiny.• For example, since Reed was decided, lower federal courts have struck down laws that prohibited or burdened discussion of specific subject matter even when those laws did not -manifest any desire to suppress. disfavored messages or viewpoints. These include a municipal ban on panhandling, a ban on sharing pictures of completedballots, and a ban on political "robocalls." See Norton v. City of Springfield, No. 13-3581, 2015 WL 4714073 (7th Cir. Aug. 8, 2015) (panhandling); Rideout v. Gardner, No. 14-ev-489, 2015 WL 4743731 (Aug. 11, 2015) (ballot photographs); Cahaly v. Larosa, No. 14-1651, 2015 WL 4646922 (4th Cir. Aug. 6, 2015) (roboealls). Notwithstanding such decisions, Reed does not have dire implications for regulations making use of the long-standing on-premisesloff-premises distinction. Under Reed's own terms, such regulations are content neutral. As an initial matter, it is worth noting that the great majority of signs covered by such regulations are commercial speech; which is categorically afforded less protection than non-commercial expression. Signs displaying the name or logo of a restaurant, gas station, retail store, or any other business are "expression related solely to the economic interests of the speaker and its audience," unlike the signs advertising a religious service that were at issue in Reed. Central Hudson Gas & Elec. Corp. v. Pub. Sere. Comm'n, 447 U.S. 557, 561 (1980). Because speech proposing a commercial transaction "occurs in an area traditionally subject to government regulation," and for other reasons as well, restrictions on commercial speech are generally subject to nothing beyond a form of intermediate scrutiny rather than strict scrutiny. Id. at 562. Justice Thomas's opinion in Reed made no reference at all to commercial speech and, as three district courts have already held, there is no reason to think that Reed silently revolutionized commercial speech doctrine by requiring strict scrutiny rather than intermediate scrutiny of place -based distinctions in the regulation of advertising. See Contest Promotions, LLC v. City. and Cnty. of S F , No. 15-cv-93, 2015 WL 4571564 at *4 (N.D. Cal. July 28,2015); Cal. Outdoor Equity Partners v. City of Corona, No. 15 -OV -3172,2015 WL 4163346 at *9 (C.D. Cal. July 9, 2015); Citizens for Free Speech, LLC v. Cnty. ofAlameda, No. C14-2513, 2015 WL 4365439 at *13 (N.D. Cal. July 16, 2015). Even when the commercial speech doctrine does not rule out the application of strict scrutiny, the on-premises/off-premises distinction would be deemed content neutral under the framework laid'out in Reed. The Court held in Reed that "a speech regulation targeted at a specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter," Reed, 135 S. Ct. at 2230, but made clear that "a speech regulation is content based" only "if the law applies to particular speech because of the topic discussed or the idea or message expressed." Id By contrast, the on-premises/off-premises distinction does not "singled out specific subject matter for differential treatment." Reed, 135 S. Ct at 2223. Such a distinction "is fundamentally concerned with the location of the sign relative to the location of the product which it advertises." Contest Promotions, 2015 WL 4571564, at *4. The very same sign will be permissible in one location but not in another. As one of the district courts to consider the question noted,. "one store's non -primary use will be another store's primary use, and there is thus no danger that the challenged law will work as a'prohibition of public discussion of an entire topic."' Id. (citing Reed, 135 S.Ct. at 2230). A regulation that singles out off -premises signs does not apply to a particular topic, idea, or viewpoint. It regulates the locations of commercial signs generally, without imposing special burdens on any particular speaker or class of speakers. What's more, the Supreme Court itself has concluded, and has not subsequently questioned, that the distinction between on-site and offsite advertising is content neutral and is thus presumptively constitutional. In Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981), the Court concluded that a city could ban off-site billboards while permitting on-site billboards, a conclusion repeated by a unanimous Court in City ofLadue v. Gilleo, 512 U.S. 43, 3 49 (1994). "[T]he city could reasonably conclude that a commercial enterprise — as well as the interested public —has a stronger interest in identifying its place of business ... than it. has in using or leasing its available space for the purpose of advertising commercial enterprises located elsewhere." Metromedia, 453 U.S. at 512. Given this stronger interest in on-site -advertisement, a city can reasonably decide to sacrifice its aesthetic and safety interests in one physical location but not the other. As the Court itself has recognized, the on -/off -premises distinction is location based, not content based. ' Moreover, it is easy to confirm that a majority of the Court continues to view regulations distinguishing between on-site and off-site signs as content neutral simply by counting the Justices who joined the various opinions in Reed. To begin that counting process, three Justices who joined the majority opinion in Reed — Justices Kennedy, Sowmayor, and Alito — explicitly affirmed in a concurring opinion by Justice Alito that regulations distingulishing between on -premise and off -premise signs are content neutral under the framework developed by Justice Thomas (which achieved majority support only with the votes of Kennedy, Sotomayor, and. Alito). See Reed, 135 S. Ct. at 2233 (Alito, J. concurring) ("I will not attempt to provide anything like a comprehensive list, but here are some rules that would not be content -based ... Ir]ules distinguishing between on premises and oil premises signs 'J. Further, it is virtually certain that Justices Breyer, Kagan, and Ginsburg would view a regulation distinguishing between on-site and off-site signs to be content neutral. While all three of these -Justices concurred in the Court's judgment in Reed; they emphatically disagreed with Justice Thomas's claim that laws which "on [their] face" draw distinctions based on the topics or subject matter discussed necessarily trigger strict scrutiny. Reed, slip op. 6-7 (quoting Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989)). Justice Kagan, joined by Justices Ginsburg and Breyer, penned a concurrence that rejected Justice Thomas's broad willingness to apply strict. scrutiny to all manner of reasonable regulations that cannot be applied without reading what the signs regulated say, instead focusing on the underlying purposes of the First Amendment. Kagan argued that the Court ought to "apply strict scrutiny to facially content -based regulations of speech [only] when there is [a] `realistic possibility that official suppression of ideas is afoot."' Reed, 135 S. Ct. at 2237 (Kagan, J., concurring in the judgment) (quoting Davenport v. Washington Educ. Assn., 551 U.S. I Justice Breyer, though he joined Justice Kagan's opinion, concurred separately in Reed to further argue that the majority's pat application of strict scrutiny to all regulations that on their face distinguish between speakers or subjects failed to take into account the "judicial sensitivity both to the Amendment's expressive objectives and to the public's legitimate need for regulation than a simple recitation of categories" that the First Amendment requires, advocating more explicitly the adoption of a test that balances these competing objectives. Reed, 135 S. Q. at 2234 (Breyer, J., concurring in the judgment). This nuance is unlikely to -impact his position on the on4off-premises distinction. 4 177,189 (2007)). Justice Kagan thus applied a healthy dose of common sense to Justice Thomas's strict formulation, expressing her concern that the Supreme Court "may soon find itself a veritable Supreme Board of Sign Review." Id at 2239. This approach to limiting the reach of strict scrutiny would almost certainly lead Kagan, along with Ginsburg and Breyer, not to apply such searching review to regulations distinguishing between on -premises and off - premises signage absent the specter of official suppression. Thus, based on the opinions in Reed, at least six Justices (and possibly seven or more) would not apply strict scrutiny to regulations distinguishing between on -premises and oil premises signs. Justices Alito, Sotomayor, and Kennedy said as much explicitly, while Justices Kagan, Breyer, and Ginsburg favor a more measured and nuanced approach in general. . Confronted with the question, Chief Justice Roberts might also take this tack, given his opinion for the Court in McCullen v. Coakley, which held that a buffer zone law that applied only to the area surrounding abortion clinics was content neutral because the law did not focus on what people say "but simply on where they say it." McCullen, 134 S. Ct. at 2531. * For identification purposes only. 5 k 177,189 (2007)). Justice Kagan thus applied a healthy dose of common sense to Justice Thomas's strict formulation, expressing her concern that the Supreme Court "may soon find itself a veritable Supreme Board of Sign Review." Id at 2239. This approach to limiting the reach of strict scrutiny would almost certainly lead Kagan, along with Ginsburg and Breyer, not to apply such searching review to regulations distinguishing between on -premises and off - premises signage absent the specter of official suppression. Thus, based on the opinions in Reed, at least six Justices (and possibly seven or more) would not apply strict scrutiny to regulations distinguishing between on -premises and oil premises signs. Justices Alito, Sotomayor, and Kennedy said as much explicitly, while Justices Kagan, Breyer, and Ginsburg favor a more measured and nuanced approach in general. . Confronted with the question, Chief Justice Roberts might also take this tack, given his opinion for the Court in McCullen v. Coakley, which held that a buffer zone law that applied only to the area surrounding abortion clinics was content neutral because the law did not focus on what people say "but simply on where they say it." McCullen, 134 S. Ct. at 2531. * For identification purposes only. 5 I AAIA Com-- aft AZA,/ -+-- C->W"-)�t i -I -Z-�- eal pt�k� aJ--,kA-, S Kivu oaf uAAAXI� w r �4t5, 6-,�T t7D Sign Code Update Zonir]g Code Am%ndmen t Article VII =!Anne cwt=l ts" sr- ..V Sesstr. 1i WIOW % 7fliY Good evening. Tonight I will be brining forth an update on the sign code amendment process. The format for this presentation and update is more interactive in nature. We will be discussing each of the main topics from the memo one at a time, describing Council's direction, and gathering Planning Commission input on each discrete issue along the way, rather than sitting through the whole presentation and gathering feedback at the end. Background 2015Supmme Court decWonon (teed v. rown of {al Ihrm ReRuladon at signs bated an tanieflt kr p[WSibned 90"FrIfOdMT POSUtintan of f r tpreth. U n ranatituli anal under the 1" Amend -,.ms of We trolled Stat" conuittitien. M my 1, Z 017 Coun ci k Stu dy Sets] on prosrid e d ton sensus to mare forward an Rerd x Gilbert updates, as well as several other Items as noted by Council. October 16, 2027 Countll Stvdy Session pfovided furthe r d i rection an saw4irai sign Bode issues, which will ba presented today. Quick overview of what brings us here... IN 2015, the Supreme Court unanimously decided on the case of Reed v. the Town of Gilbert. To quickly summarize their findings The Town of Gilbert's sign code regulated signs based on their content, so in this instance a temporary sign for a religious service was regulated differently than a temporary election sign, and a temporary commercial sign, and so on. The Supreme Court ruled that this was a prohibited government regulation of free speech, && unconstitutional per the 1St amendment of the U.S. Constitution. This decision and the Justice's arguments on the case, have prompted most cities across the country to remove content -based regulations from their sign codes. The City of Wheat Ridge's current code, for example, currently regulates political signs differently than real estate signs, differently than construction signs, etc, etc. All of which were deemed to be in violation of the 1St amendment as we are basing the sign allowance based on what the signs SAYS During a Study Session in May, Council reach consensus for Staff to move forward with Reed v. Gilbert related updates, in addition to several other items to modernize the Code, such as addressing illumination and temporary signage. Staff returned to Council last month at a study session to discuss the Reed v Gilbert updates, other issues noted by Council, and present some other issues Staff ran into while working through the update. We will now go through all of those items. 2 Reed v. Gilbert Updates Cvrttmm ba5easiwr tategoriv5and languages • rV¢W [Drttent nautral si gll Ca IeEot SCS iced t Cj. Format change (tabula. t text) • 5r4rrdardt 1l/.v not twin-QaAlid Sartre reargandraItorr to r^niolIda te scatt-fl Rolled in sip sfandards from o0per area, IVlunlrJNI Code. • Prolestnng reclaSmfiedas dude stgas. • lntormatinrlarreclassffiedasdireaJon.al%Ign." As required, we removed all content based sign categories and language throughout the code. To fill the void created by this removal, we created several new content -neutral sign categories. For example, the political sign category was removed and a new sign category, yard signs, was created. Which we will discuss in-depth later on in this presentation. For ease of use, the tables were removed and changed to a text format. None of the sign standards were changed during this process. We rejoined several scattered section of the code, and added in sign regulations from the Mixed Use section and Home occupation section. Some categories were also reclassified for clarification. City Council is supportive of the Reed v Gilbert proposed updated. 3 Temporary Signs Wi Temporary signs were noted by Council in May to be an item of interest. Current regulations make enforcement difficult. Staff proposes to allow one temporary sign at any given time per property or business. In the example on the screen, this cell phone store would be restricted from having a flutter flag for every carrier in their store... CHANGE SLIDE 4 TO only having 1 sign NEXT Temporary Signs Another example of this regulation... Both the restaurant and apartment complex on the site would be allowed their own temporary sign. The restaurants a -frame is acceptable, however, the apartment complex would be in violation, as they currently have 2 temporary signs and would need to decide between the flutter flag or the yard sign. The apartment complex would swap back and forth between the 2 every day if they wanted, so long as only 1 temporary sign is displayed at a time. Council is supportive of this approach. Does Planning Commission support limiting commercial properties/businesses to 1 temporary sign at any given time? LI Sign Spinners M. Council reached consensus to allow sign skinners along the right-of-way, given that they do not negatively impact vehicular, bicycle, or pedestrian safety. They will not be allowed in the roadway. Is Planning Commission supportive of this approach? 7 Electronic Messageenters s At Council's direction, Staff reviewed standards for electronic message centers, also known as LED signs. Our current standards are misaligned with industry standards in two ways. First, our code restricts copy changes to no less than every 15 seconds. Current industry standard is between 4 and 10 seconds. Staff recommends reducing our standard to no less than every 8 seconds, which is in line with many of our neighboring jurisdictions Additionally, our illumination standards are out of date and difficult to enforce. Staff suggests adding language to the Code that establishes requirements and measurement techniques. This language and measurement standard would require the purchase of an illuminance meter for the Community Services (Code Enforcement) Team. The Supervisor of Community Services has been briefed on this approach and is supportive. The illuminance meter, via a quick search, costs anywhere between $100 and $1000, Mr. Hunt with Community Services, estimates the cost would be between $200 and $500. Council reach consensus to reduce the minimum duration between messages from is seconds to 8 seconds and to add the proposed illumination language to the Code. Council also directed the amortization of existing LED signs, requiring them to comply with the new illuminations standards within 2 years of Code adoption. Is planning commission supportive of... the reduction in minimum duration between messages, the addition of illumination language, and the 2 year amortization schedule? P Staff researched "Iconic" signs at council direction. We have included a 3D sign category in the code, that would be only be permissible for blade or freestanding signs. Measurements would be based on cubic feet as a function of what is permissible for 2D signs. 9 A"OW 3D Signs Staff proposed allowing 1.75x the 2D allowance. Which would result in the sizes demonstrated in this image. 15 square feet x 1.75 = 26.25 cubic feet Council was supportive of this approach. Is Planning Commission supportive? 10 Off -premise signage is currently prohibited in the Code. Sign regulations must now be content neutral, which means we cannot read a sign to address how it should be regulated. Off -premise signs must be read in order to determine they are in fact off premise. Staff has proposed the following requirement: the owner of the sign and owner/lessee of the property must be the same person. This means proof of ownership or lease must be provided with a building permit application. This is standard practice for most building permit applications already. Council provided consensus to request the property owner/lessee of the property be the same person applying for the sign. Is Planning Commission also supportive of this approach? 11 Business district signage was also discussed during the May study session. Staff envisions regulating these as public signage, and feels it is appropriate to provide 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 of district signage. The images on the screen are from two of Denver' established business districts. As you can see the signs clearly have a standardized text, color, size and placement. This is a good concept for what Wheat Ridge could accomplish with this signage. Ultimately this signage will be regulated by an internal policy. Council will be presented with the policy prior to its implementation. 12 Yard Sign$ ~_ tl -Fs Re Vanes w� t New content -neutral category "yard signs' is proposed and is intended to capture some of the removed content -based sign categories such as political signs and community events signs. Staff recommends a limitation of 1 small yard sign per property. However, as is evidenced by this picture, residents may want more sign allowance during certain times of year. Staff is supportive of a seasonal allowance, that would permit additional signs. As a starting point, staff recommended 3 signs allowed between October 1 and November 30. Council ultimately reached consensus to have no limitation on the number of temporary yard signs on a residential property? What is the Planning Commissions recommendation on residential temporary yard signs? 13 Current sign code allows for freestanding signs to be supported by either a monument -style base or a pole. The only exception is in mixed use zone districts, where new signs are required to be monument. In an effort to improve the visual impacts associated with signs and to enhance the character of the community, we asked Council to consider whether the regulations for new signs should be augmented. Council reached consensus to require monument signs for all new developments. However they were split 3-3 on regarding new signs not associated with new development. Mayor Jay broke the tie in support of allowing new signs that are not associated with new development or redevelopment to be monument or pole mounted. The Mayor stated it could be cost prohibitive to many businesses who want new signs but are not associated with new development or total redevelopment. 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? 14 Non -conforming Signs Too tall _ • 'foo 60Se to ROW • ion tiK • Pair mounted - where rT,w%umLnt} t Irk Signs may be considered non -conforming for one of the following reasons: too tall, too close to ROW, too big, or pole mounted where monument is required. Current code encourages the existence of legally non -conforming signs by allowing sign cabinets to be completely replaced, so long as the support structure remains. This means that non -conforming signs are rarely removed. This allows for a significant investment in signage without coming into compliance with current regulations. As an example, the sign pictured, if in the COWR, is nonconforming as it does not meet the required setback, and is too tall. Under the current code, so long as only the sign face (the portion that says Hi -performance car wash) is replaced, there is no requirement for the sign to come into compliance with the existing sign code. City Council reached consensus to move forward with creating a schedule for amortizing existing non -conforming pole signs. Does planning commission support the amortization of existing non -conforming signs? 15 Back to LED, Changeable copy signs, like the one pictured above. 16 Changeable Copy Signs These changeable copy LED signs are not permitted in the MU -N or MU -C TOD zone districts (talk about map briefly — 381h and TOD). Staff has noted an increased interested in this signage, especially along 38th Avenue, zoned MU -N, not permitted. The intent of the restriction was to encourage sign designs that are more pedestrian -oriented in nature, despite the current non -conforming development pattern being more vehicular in nature. Council was asked to reaffirm that this restriction is still appropriate based on the purpose and vision for those zone districts and subareas. Council was split 3-3, with Mayor lay breaking to 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. Planning Commission is asked to reaffirm this restriction is still appropriate based on the purpose and vision for the MU -N and MU -C TOD zone districts and subareas. Also 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? 17 18 Zackary Wallace From: Zackary Wallace Sent: Tuesday, November 14, 2017 4:00 PM To: 'Scott Ohm' Subject: RE: SIGN codes Hi Scott, Thanks for the questions. I'll provide some answers below, but feel free to clarify or ask again on Thursday. 1. Signs are required to be located on private property, and not within CDOT's right-of-way. As such they are only regulated by the City. CDOT usually gets involved in billboards, but we are not touching our billboard regulations. 2. Signage regulated to marijuana can remain content based, as it is my understanding that marijuana regulations do not fall under the protection of the 11t amendment on a Federal level. The City Attorney will be present at the meeting and might be able to describe this distinction more eloquently than I can. Thanks, Zack Wallace Mendez Planner II 303-235-2852 City of ` h6at 1 � 0�����u�ai`• ' From: Scott Ohm [mailto:scott@groundedbydesign.com] Sent: Monday, November 13, 2017 10:59 AM To: Zackary Wallace <zwallace@ci.wheatridge.co.us> Subject: SIGN codes Zack, please see attached sign references and questions that I may ask. 1) As Wadsworth and other roads are considered State highways, how does CDOT's jurisdiction come into play and does the City's proposed sign code mesh with CDOT's? 2) the new sign code regulations discuss removing any content -related restrictions. Sec. 11-417. - Signage states "(c) A retail marijuana establishment shall not include in any form of signage any content that specifically targets individuals under the age of twenty-one (21), including but not limited to cartoon characters or similar images. (d) A retail marijuana establishment shall not include in any form of signage any content that is deceptive, false, or misleading. (e) A retail marijuana establishment shall not display a sign that depicts the leaf of the marijuana plant or an image resembling the same. (f) A retail marijuana establishment shall not display a sign that contains a green cross graphic in excess of two (2) feet high by two (2) feet wide. (Ord. No. 1543 , § 2, 10-14-13; Ord. No. 1563 , § 8, 1-26-15) Zackary Wallace From: Scott Ohm <scott@groundedbydesign.com> Sent: Monday, November 13, 2017 10:59 AM To: Zackary Wallace Subject: SIGN codes Attachments: 2-ccr-601-3-rules-governing-outdoor-advertising-in-colorado-clean-copy.pdf; Flashing signs- hold time.docx; medved castle rock sign cdot.pdf Follow Up Flag: Follow up Flag Status: Flagged Zack, please see attached sign references and questions that I may ask. 1) As Wadsworth and other roads are considered State highways, how does CDOT's jurisdiction come into play and does the City's proposed sign code mesh with CDOT's? u✓Vv.e 2) the new sign code regulations discuss removing any content -related restrictions. Sec. 11-417. - Signage states "(c) A retail marijuana establishment shall not include in any form of signage any content that specifically targets individuals under the age of twenty-one (21), including but not limited to cartoon characters or similar images. (d) A retail marijuana establishment shall not include in any form of signage any content that is deceptive, false, or misleading. (e) A retail marijuana establishment shall not display a sign that depicts the leaf of the marijuana plant or an image resembling the same. (f) A retail marijuana establishment shall not display a sign that contains a green cross graphic in excess of two (2) feet high by two (2) feet wide. (Ord. No. 1543 , § 2, 10-14-13; Ord. No. 1563 , § 8, 1-26-15) Thank you, Scott Ohm, RLA Colorado #830 CLARB Certified Landscape Architect #10006 Principal Grounded By Design, LLC. Office: 303.872.7807 Wheat Ridge, CO Jason Reynolds From: Loeffler, Steven<Steven.Loeffler@dot.state.co.us> Sent: Thursday, November 17, 201110:14 AM To: Jason Reynolds Cc: Solomon, Richard Subject: Medved LED Sign/Project No: COZ11-0002 Jason, I have reviewed the submittal for the proposed Medved LED sign and have the following comments: As an on -premise sign, this sign can only advertise the primary activities, goods, or services conducted or available on the premises. They cannot advertise any activities, goods or services that are not available at this Medved business. Signs which contain, include, or are illuminated by any flashing, intermittent, pulsing, or moving light or lights or which move or appear to move or which have any animated or moving display are prohibited. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the State Highway system and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's attention and the operation of a motor vehicle, are prohibited. CDOT suggests that no sign luminance shall exceed one thousand five hundred (1500) footlamberts during daylight hours or a maximum level of average luminance between the period one-half hour before sunset and one-half hour after sunrise of one hundred (100) footlamberts. Thank you for the opportunity to review this submittal. If you have any further questions, please contact me at 303-365-7308 or reply to this email. dit'haL.)OT1'taking aretogrtyooWr* st8gs I.oeffl4Br Assistant Access Manager CDOT Region 1, Traffic 303-365-7308 Office 303-365-7304 Fax steven.loeffler@dot.state.co.us www.coloradodot.info a. MESSAGE HOLD TIME — EACH MESSAGE DISPLAYED SHALL REMAIN STATIC FOR A MINIMUM OF EIGHT (8) SECONDS. ALL SUCH SIGNS SHALL HAVE A DEFAULT MODE TO PREVENT THE DISPLAY FROM MALFUNCTIONING IN A FLASHING OR INTERMITTENT FASHION. b. TRANSITION METHOD — EACH ELECTRONIC SIGN SHALL BE LIMITED TO STATIC MESSAGES ONLY, AND SHALL NOT HAVE MOVEMENT, OR THE APPEARANCE OR OPTICAL ILLUSION OF MOVEMENT, OF ANY PART OF THE SIGN STRUCTURE, DESIGN, OR PICTORIAL SEGMENT OF THE SIGN. THIS SHALL INCLUDE THE MOVEMENT OR APPEARANCE OF MOVEMENT OF ANY ILLUMINATION OR THE FLASHING, SCINTILLATING OR VARYING OF LIGHT INTENSITY. THE TRANSITION DURATION SHALL BE INSTANTANEOUS. c. BRIGHTNESS / LUMINANCE — i. EACH ELECTRONIC SIGN SHALL BE EQUIPPED WITH DIMMING TECHNOLOGY THAT AUTOMATICALLY VARIES THE BRIGHTNESS OF THE ELECTRONIC SIGN ACCORDING TO AMBIENT LIGHT CONDITIONS. ii. THE INTENSITY OF THE LIGHT SOURCE SHALL NOT PRODUCE GLARE, THE EFFECT OF WHICH CONSTITUTES A TRAFFIC HAZARD OR IS OTHERWISE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE. LIGHTING FROM THE MESSAGE MODULE SHALL NOT EXCEED 500 NIT (CANDELAS PER SQUARE METER) BETWEEN DUSK AND DAWN AS MEASURED BY THE EQUIVALENT 'PERCENTAGE OF MAXIMUM BRIGHTNESS - NIGHTTIME' SETTING ON THE APPLICANT'S SIGN CONTROLLING SOFTWARE. APPLICATIONS FOR SIGN PERMITS CONTAINING AN ELECTRONIC DISPLAY SHALL INCLUDE THE MANUFACTURER'S SPECIFICATIONS AND NIT RATING. CITY OFFICIALS SHALL HAVE THE RIGHT TO VIEW THE TECHNICAL SPECIFICATIONS OF THE SIGN TO DETERMINE COMPLIANCE. The relationship of state, federal, and local authorities in regulating signs is complicated, but staff's research shows that the Federal Highway Administration (FHWA) has "a prohibition against 'intermittent' or 'flashing' or 'moving' lights" on signs that are visible from highway corridors. Also, local CDOT staff informed staff that Colorado state statute does not allow any sign visible from the state highway to be flashing or have any motion. State statute requires a minimum 4 -second hold time and a 1 -second `transition time' between changes. Enforcement of these statutes is difficult so CDOT relies on municipalities to help. CDOT operates under a federal agreement to manage outdoor advertising. If municipalities allow noncompliant outdoor advertising, federal funds could be withheld. A memo from the Federal Highway Administration dated September 25, 2007 outlines the department's position on digital signs. They emphasize that all digital signs do not violate the prohibition on animated signs if adequate hold times and transition times between changes are in place. This memo states that allowable hold times are, "generally between 4 and 10 seconds - 8 seconds is recommended." They also suggest that, "Transition between messages is generally between 1 and 4 seconds - 1-2 seconds is recommended." And they recommend that brightness be adjusted, "in response to changes in light levels so that the signs are not unreasonably bright for the safety of the motoring public." ♦ 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. En 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 Multifamily Residential Residential Use Use Nonresidential Use Address numbers P P P Animated NP NP NP Arcade NP NP P Barber shop poles NP NP P *Blade NP NP P CanopyNP NP P Changeable copy NP NP P Page 10 Draft — October 16 CC SS *Directional NP P P 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 ainted 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. B. Address Numbers. 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 Type of Sign Low Density Residential Use Balloon or inflatable NP Banner NP Pennant, streamer, and similar devices NP Portable NP *Yard —Small P *Yard — Lar e 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. B. Address Numbers. 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 a ✓l Sivk Y, cck,<, of -&� [4A O -J-0— (/ Ga - a� w V j" J / clelAl-l- ra? fc �Sfi (�� S i &J,�,k- 9"- A � -kt) Sign Code Update Zoning Code Amendment Article VII City Council Study Session October 16, 2017 Reed v. Gilbert Updates • Content based sign categories and language removed. • New content -neutral sign categories created. • Format change (tabular to text) • Standards have not been modified. • Some reorganization to consolidate scattered sections. • Rolled in sign standards from other areas of the Municipal Code. • Projecting reclassified as blade signs. • Informational reclassified as directional signs. Background • 2015 Supreme Court decision on Reed v. Town of Gilbert. • Regulation of signs based on content is prohibited government regulation of free speech. Unconstitutional underthe V Amendment of the United States Constitution. • May 1, 2017 Council Study Session provided consensus to move forward on Reed v. Gilbert updates, as well as several other items as noted by Council. Temporary Signs t� Image Source: Flutter Flay Not,ou —___ Temporary Signs Sign Spinners r Image 5ourre: Flutter Flay Natan Image Scarce: Naa roc Temporary Signs Electronic Message Centers (EMCs) V ® rwr "f WorslllP O am 3D Signs w ,feel Off -premise Signs „ , d rte. �f y.. Business District Signage 1 � �jctll Yard Signs �.71 RABB— I i unr• Non -conforming Signs Too tall Too close to ROW Too big • Pole mounted where monument is required Freestanding Signs AUTU MiTS ImageI e: IA AA Slgre antlana Grata Ar•p, Tti, AUTO PARTS image soma: 'eenr Aun Parra CMrate Changeable Copy Signs Changeable Copy Signs Next Steps • Incorporate input from this meeting and add images where necessary for clarification. • Planning Commission Study Session—early Nov. • City Council Study Session — late Nov. (if necessary) • Planning Commission Public Hearing — December City Council Public Hearing—January V 1W City of ]�qrWh6atp,,d ge CoAAlmuwy DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Gerald Dahl, City Attorney DATE: October 16, 2017 SUBJECT: Sign Code Regulations Item 4. ISSUE: In June of 2015, the United States Supreme Court decided the case of Reed 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. Council was briefed on this issue during a study session on May 1, 2017, where there was consensus to move forward with modifications based on the Reed v. Town of Gilbert, Arizona decision as well as several other items. PROPOSED UPDATES: Attached is the first 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 approval or direction from Council. 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 text format. This formatting change improves usability of the code. The sign standards that comprise these sections (height, size, setback, etc.) are not changed. Study Session — Sign Code Regulations October 16, 2017 Page 2 • 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. Follow-up from May 1, 2017, Study Session: Several items were discussed at the May 1, 2017, study session, which required additional follow-up and policy directions. Those include temporary signs, electronic messaging centers (EMCs), 3D signs, off -premise signs, and district signs each of which is discussed below. Temporar�Signs 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. +, Q: Is Council supportive of this approach? \l 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 be 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 Council desires. Q: How would Council like Staff to proceed? C� r�,e-iA Study Session — Sign Code Regulations October 16, 2017 Page 3 Electronic Message Centers (EMCs) At Council's direction, Staff reviewed standards for electronic message centers (EMCs) or 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 foot-candles 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 foot-candles 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 foot-candle 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 $1,000 depending on functionality and quality, and would need to be purchased to allow enforcement. Q: Is Council supportive of reducing the amount of time required between copy messages? Q: Is Council supportive of incorporating brightness standards into the Code? Study Session — Sign Code Regulations October 16, 2017 Page 4 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. Q: Is Council supportive of this approach? Off -Premise Signage The code currently prohibits off -premise signage. As discussed at the May 1, 2017, study session, the Reed v. Gilbert decision states that sign codes must now be content neutral. However, in order to know that a sign is off premise, its 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. Q: Is Council supportive of this approach? _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 provide 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. Other Items: In drafting this code amendment and reclassifying sign types, several other minor policy questions arose for which staff is seeking direction. These are related to seasonal allowances for small yard signs, the style of freestanding signs, the non -conforming sign provisions, and LED signs in mixed use zone districts. Yard Signs 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. Study Session — Sign Code Regulations October 16, 2017 Page 5 Q: Is Council supportive of allowing more than one (1) sign during certain times of the year? Q: If so, Staff recommends 3 signs between QctQbrz4 and Novembl 104 Is Council supportive of this approach? 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, Council is 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. _A CZ47 l I [ S l Ar<C Q: For new development or total redevelopment, should new freestanding signs be required to be monument signs? Q: Should all new freestanding signs (including those not associated with new development or total redevelopment) be required to be monument signs? NW Nan -Conforming Signs Current code encourages the existence of legally non -conforming signs by allowing sign cabinets to be completely replaced, so long as the support structure remains. This means that non -conforming signs are rarely removed. This allows for a significant investment in signage without coming into compliance with current regulations. .e__� Q: Is Council interested in continuing this practice or in amortizing non -conforming A_�__ signs? Changeable Copy (EMC, LED) Signage Staff has noted an increased interest in changeable copy LED signage from businesses across the City, including many along 38th Avenue. The current sign code prohibits LED signs in the Mixed -Use Neighborhood (MU -N) zone district, which comprises the majority of 38th 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 (non -conforming) development patterns being more vehicular in nature. Council is asked to reaffirm that this restriction is still appropriate based on the purpose and vision for those zone districts and subareas. Study Session — Sign Code Regulations October 16, 2017 Page 6 Q: Does Council have any desire to reconsider the prohibition on LED signs in MU -N and MU -C TOD? 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 that end, Staff recognizes the importance of completing this project as efficiently as possible. Next steps include the following: • Incorporate input from October 16, City Council Study Session • Add images to code where necessary to help clarify definitions and standards in the code • Planning Commission Study Session — early November • Council Study Session (if necessary based on CC and PC feedback) — late November • Planning Commission Public Hearing —December -) v-- • City Council Public Hearing — January ATTACHMENTS: 1. Proposed Brightness Measurement Guidelines 2. 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 evaluated to ensure that it does not exceed the brightness levels established in the municipal sign ordinance. If the municipality is unable to obtain access to the sign controls or attempting to take the measurement after business hours, this method should be followed. Unlike the six -step process described 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 extremely simple 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) FTEP 3 DETERMINE THE MEASUREMENT DISTANCE. (See previous Step 3 or use (Area of Sign in Sq. Ft. x 100)) aIhp4 POSITION THE TESTERS. Based on the size of the digital display, the person conducting the test should position themselves as close to directly in front of the digital display as practical, at the appropriate distance (calculated in Step 3). 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 for this.) The sheet should be positioned so it blocks all light from the EMC, but still allows the remaining ambient light to register on the illuminance meter. EMC Area Measurement Distance 24 ftz 1 49 ft 32 ftz 57 ft 50 ft2 71 ft 100 ftz 100 ft This helper should use a cardboard sheet to block the EMC light from the footcandle meter. This will establish the baseline footcandle reading. , A - 5- 5 1 T -t� After the cardboard block is held in place, a reading should be taken for the N.�e Commercial ngh s ambient light. L-d—p.Ughu street Lights Tmffic lights In this example, various light sources are impacting the photocell measuring 2.3 footcandles of ambient light. This is the baseline for the measurement. Write it down. ATTACHMENT 1 .................................................... : International Sign Association 11 ISA RESEARCH STEP F 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 for surrounding sources of light or the absence thereof. In this case our ambient light reading was 2.3 fc. The new light reading with the LED displaying a full white frame cannot read above 2.6 fc or 2.3 (ambient)+0.3 (threshold). If a full white frame cannot be arranged, watch the meter to see if any ad exceeds 2.6 fc. 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.) --'-P 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, then 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 manufacturers recommended procedures. If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. ..................................................... 12 :r International Sign Association Aro ISA RESEARCH RECOMMENDED LEGISLATIVE LANGUAGE Electronic Message Center (EMC) Criteria: The night-time illumination of an EMC shall conform with the criteria set forth in this section. A. EMC Illumination Measurement Criteria: The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color -capable EMC, 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 EMC as set forth in the accompanying Sign Area of a Sign versus Measurement Distance table. B. EMC Illumination Limits: The difference between the off and solid -message measurements using the EMC Measurement Criteria shall not exceed 0.3 footcandles at night. C. Dimming Capabilities: All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, orthat can be adjusted to comply with the 0.3 footcandle measurements. D. Definition of EMC: A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. 11 .............................. 8 International Sign Association SIGN AREA VERSUS MEASUREMENT DISTANCE 80 85 90 95 100 110 120 130 140 150 160 170 180 190 200 220 240 260 280 300 MEASUREMENT' (8•) 32 39 45 50 55 59 63 67 71 74 77 81 84 87 89 92 95 97 100 105 110 114 118 122 126 130 134 138 141 148 155 161 167 173 *For signs with an area in square feet other than those specifically listed in the table (i.e., 12 sq ft, 400 sq h, etc), the measurement distance may be calculated with the following formula: Measurement Distance = JArea of Sign Sq. Ft. x 100 ISA RESEARCH HOW TO MEASURE THE NIGHT-TIME BRIGHTNESS OF AN EMC WITH OPERATIONAL CONTROL (Note: This method can be completed by one individual, but requires operational control to shutoff the EMC) STEP 7 OBTAIN AN ILLUMINANCE METER. Purchase or otherwise procure an illuminance meter. Most city/county traffic departments have an illuminance meter, which are also referred to as lux or footcandle meters (lux is the metric measure of illuminance; footcandles is the English measure of illuminance). The illuminance meter must have the ability to provide a reading up to two decimal places and must be set to read footcandles. It is preferred to have an illuminance meter with a screw -mount that allows the sensor to be mounted on a tripod. A tripod ensures that the highly sensitive sensor is held perfectly still; otherwise it may be difficult to obtain an accurate reading. STEP 2 DETERMINE SQUARE FOOTAGE. Determine the square footage of the face of the electronic message sign (EMC) by multiplying the height and width of the EMC. This infor- mation may be available in a permit application, or can be determined by physically measuring the height and width of the EMC. Do not include the sign face square footage attributable to any additional static signs associated with the EMC (if applicable). STEP 3 DETERMINE THE MEASUREMENT DISTANCE. Using the total square footage found in Step 2, look up the measurement distance in the table provided in the Recommended Legislative Language on page 8, to determine the distance to measure the brightness of the EMC. The distance should be measured perpendicular to the EMC sign face. The use of a measuring wheel, laser finder or a smartphone app are the most convenient ways to measure the distance. C International Sign Association 9 ISA RESEARCH ►111121M PREPARE THE DISPLAY FOR TESTING. Ensure that the EMC is programmed to alternate between a solid white (or in the case of a monochrome display - the solid color of the display) message and a blank message. The community may require that the sign owner cooperate with testing by programming the EMC for testing upon written notice. STEP 5 USEAN ILLUMINANCE METERTO MEASURETHE BRIGHTNESS OF THE EMC. Mount the sensor of your illuminance meter to a tripod and orient the sensor directly towards the face of the EMC at the measurement distance determined in Step 2. Ensure that the illuminance meter is set to measure footcandles up to two decimal places. As the display alternates between a solid white message and an "off" message, note the range of values on the illuminance meter. If the difference between the readings is less than 0.3 footcandles, then the brightness of the display is in compliance. If not, the display will need to be adjusted to a lower brightness level using the manufacturer's recommended procedures. 10 International Sign Association STEP 6 ENSURE THAT THE DISPLAY CAN ADJUST TO DIFFERENT AMBIENT CONDITIONS. Inspect the sign to ensure that it incorporates a photocell or other technology to ensure that the display can adjust according to ambient lighting conditions. As the display alternates between a solid white message and an "off" message, note the range of values on the illuminance meter. If the difference between the readings is less than O.3 footcandles, then the brightness of the display is in compliance. ri No Single tenant freestanding sign allowance = I m 0 0 E L.- �Mm === == - �-== Wim� Proposed 3D signage allowance Finding Common Ground When Regulating Electronic Message Centers Friday, August 25, 2017 10:58 AM's! S (U`"'� • Common questions: o What are electronic signs? o Strike balance between use and community aesthetics? o How do we allow them without looking like Las Vegas o How to regulate them in understandable and enforceable ways o Impact of EMCs and regulation on users • 6 key regulatory distinctions: o Brightness o Message hold times o Transition method o Transition duration o Area/square footage o Regulated in post Reed v Gilbert Common Concern 1: These signs will make our community Look like Las Vegas 0 Your community will NEVER be confused with Las Vegas; New York New York Sign: 222' high, 7,000 square feet of sign area; Harmon sign: 18,300 square feet all electric Concern2: Presence of these signs will distract drivers and cause crashes o Studies show there is no causal relationship between these signs and accidents rates o Accident rates before and after implementation of signage: study 4 year period at 130 locations in 4 states: no statistically significant impact found 0 Virginia Tech Study 2007: Found less than 1 second eye glance duration at digital billboards; NTSB declared 2 seconds was dangerous. Same study found texting to distract 4.6 seconds per 6 seconds o FHWA Study 2013: mean eye glance far less than 1 second; presence of changeable copy did not appear to related in decrease in looking toward the road ahead Concern 3: If we do allow these signs, we should require long message hold times o A community's negative emotional reaction is almost always more associated with improperly regulated brightness 0 Message hold times are one of the most difficult regulatory distinctions to discuss. o Recommendation: Use visual examples like the following to demonstrate hold time 0 Visit www.signs.org/planners,, then click on free resources for examples of 30, 10, 5 and 3 second hold times ■ Use for internal staff discussion, planning meetings, council meetings: save time and agony when discussing this topic ■ Consider other factors like allowable sign size, and setbacks Concern 4: EMCs are way to bright they will shine in peoples living rooms, cause crashes o Only improperly regulated or unregulated 0 Back to 6 key regulatory distinctions: Key key= brightness Brightness ■ Illuminance: measured in footcandles; meters are inexpensive, easier to check and enforce ■ Luminance; measured in nits or candelas per square meter, meters are expensive, difficult to enforce (how hold meter, where you point the meter, how far away) ■ ISA's recommended brightness guidelines; Dr Ian Lewin; solely for EMCs - not applicable for traditional signs (channel letters etc) ❑ Over 240 jurisdictions have adopted ❑ Auto dimming is a must - common for manufactures these days, almost standard ❑ Primary brightness guideline - turn sign off stand at specified distance measure footcandles; turn on all white and measure again; if difference in footcandles is more than 0.3 the sign is out of compliance. ❑ Guidelines in research provide distances and information for code enforcement ❑ For most communities, between 3-7% of maximum brightness during night is acceptable; ❑ Daytime brightness limitations that are not effective - do not recommend daytime brightness controls Message hold time ■ Normal for nbw: between 4 and 10 seconds ■ 2 frames of information to drivers: what businesses want as a minimum ■ Business impact: ❑ Consider what problem you are trying to solve before regulating hold times ❑ Retroactively regulating this area may create legal issues -Sparks, NV as example allows smaller signs to Sign Webinar Page 1 change more frequently ■ Safety concerns; studies demonstrate EMC's do not create a safety problem o Transition method ■ Static ■ Dissolve ■ "powerpoint" level: appear, change zie, reveal sequentially ■ Full motion video or constant animation ■ MOST COMMUNITIES GRAVITATE TOWARDS THE FIRST 2 ■ Have discussion about what works best for you community; keep in mind there maybe distinctions in permitted transition methods based on zoning ■ USE DEFINITIONS WHEN DESCRIBING PERMITTED OR PROHIBITED TRANSITION METHODS Transition duration ■ How long it takes the transition method/frame to go from one message to the next ■ Recommend keeping transition to one second or less to minimize Area of EMC ■ Some jurisdictions choose to limit the square footage of EMCs differently than static signs ■ Not recommended ■ Recommend not treating them differtently than static signs; do vary by zone district ■ Some communities regulate how much of the sign can be electronic message center; to avoid popsicle on a stick Regulatory Issue # 5 - Area of EMC 50"Io = .WE 4 Usually at least 50% or more is needed to allow for logo, call to action & imagery. o Regulating EMC's post Reed v Gilbert ■ Content neutrality is essential - no color limitations, alphanumeric limitations ■ TIME, PLACE AND MANNER ■ Where EMCs are allowed: if brightness is property regulated, digital can be within a few hundred feet of residential with no'dancing lights' ■ Economic studies / impacts of regulation ■ Special administration options ❑ Prior to permit issuance, signed acknowledgement of the required EMC regulations & that they will operate by guidelines o Economic impacts University of Cincinnati study: car dealer 30% increase in auto sales, 80% increase in service work Impact on multi -tenant retail ❑ Gives better visibility to all tenants ❑ Makes sign easier to read ❑ Makes shopping center retail space more marketable Community at large benefits: they increase sales tax revenue, they reduce blight by making business more viable, they make unreadable signs readable, they almost always look better than static leaderboards, they can reduce sign clutter, they can communicate6 Public Service Announcements (Parker attendance at events doubled after sign), can be a symbol of community vitality ala SJ' ill f�d-.� sal &n)s-3E Mu N vMt,*�T Sign Webinar Page 2 ARTICLE VII. - SIGN CODE Sec. 26-701 - Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings; and compatible with the visual characterofthe surrounding are4, er►itteri_ 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-702. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 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 attractionqftlugTggLJ : 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. Page 1 C=delete I see why you changed it, but maybe all Barber shop, poles. A sLgn with a red white and blue stried interior which ma or ma not rotate 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. 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 nonilluminat ,which ig so that the message or any part of the message may be periodically changed, her mecha ically or however, where a change in message occurs no sooner than every f en(15)sec Seheel Bi&Gt. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi- use and multi -tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development' for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign - supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. This may include pole -mounted or monument sions. 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. Page 2 �p Major interior drive. A drive aisle located on private property which connects two (2) public streets or V> provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off -premises sign. Any sign which advertises or directs attention to a business, commodity, service or f _ activity conducted, sold or offered elsewhere other than on the property which the sign is located. ,^vq Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Pennant. streamer- and other similar device siunaue. A sign made of flexible materials suspended iruw one or two corners, used in combination with other signs to create the impression of a line!____ Commented [LM2]: Probably needs more consideration - Pole sign. A sign which is affixed to, or mounted on, a freestanding pole and anchored in the ground. especially ifwe want those feather signs included Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the f' building wall more than fifteen (15) inches. U Public sign. A sign that is required by federal, state or local law or ordinance necessary for public ` 'ti! information. ' \ Revolving sign. A sign utilizing an axis point to pivot the sign surface. adL - Roof sign. A sign erect d, constructed and maintained above the eaves and atta ed to the roof of a � building. OilSecon ary (}informationa✓1 sign. A freesizndE�y 4f- aL*pe s rl. nvt to ated within Ips r I�� of -ways unieeNrutilized for providing whinh eiaernecessary d fiotlal information iQ �Q 4, motor vehicle operators or pedestrians. such as entrance. exit. parking limitations or location of onsite / o buildings or fannilips .... n ,..,..Rn,. Inns A' n�...e .... �......., ti...n nno (1) gni'-are font mm, Ing in,d.-d..d ..n ......L. Secondary signs shall be clearly Incidental to the primary signage on a property, in both height and sign area. lesatieno. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon orfacing 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 Page 3 the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A -frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, balloon, intlatabier portable s.;; gra sin vaiaase or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Vehicle signage. SienaeeAny sign permanently or semi- erma. _ntly affixed to a currently licer.- operative vehicle which is primarily used by its owner for service, delivery or general transportation on { regular basis. 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. doof_9Fw4dew. Yard sLgn Temporary, portable sign constructed of paper. vinyl Plastic wood metal or othe comparable material, and designed or intended to be displayed for a limited period of time. Sec. 26-703. - Enforcement and penalties. Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: A. Signs which are prohibited pursuant to the residentiallagriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. Sec. 26-704. - Contractor's license required. A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) Sec. 26-705. - Permit required. Page 4 Commented we currently have more regs on this? 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. 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) consecutiv days, the nonconforming sign shall thereafter conform to the provisions of the zoni4distr't�n-which it is located or be removed. For the purpose of this section, the tens "discontII apply to uses which customarily operate on a continuous basis versus a seasonal bI uses P •t sE+b]eet•{a a•tW8lve.n, :.: ,;ed Bt f+er+use PROF these regulations. Sims erected on a seasonal o-.ary basis rNalijbeTr, t to a twelve t 121 month period of_nonuse_prior to reauirinc.full with these repu ations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth 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. 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 Page 5 GommenLM4]: I'm not clear on this provision. Discuss? elete? active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. Sec. 26-707. - General provisions/performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26- 6036. 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, semipubtie signs, and signs permitted under the criteria in section 26-7081 shall be located on the lot which they advertise. C. Streets and rights-of-way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right-of-way, with the exception of: a. Signs on bus benches and shelters pursuant to Article IV of Chapter 21; b. Public, serAi public, traffic, regulatory, and projecting 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 sians,Wwhere 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. 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. Page 6 1Commented[LMS]: Is this for temporary signs only? Presumably we require that a permanent sign has a site plan with correct property lines/setbacks? Commented [LM6]: Presumably then we run our district sign program by CC since it will likely include banners on light poles? 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26-631, any merchandise 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. 5.1 In the MU -N district, illuminated signs are encouraged to be turned off when businesses are not in operation I13. ADD LIGHTING STANDARDS AND MEASUREMENT;' H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Sec. 26-708. - Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26-639 of the zoning and development code and established citypolicy. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21- 124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21-151. Such signs shall be limited to two (2) faces per shelter feF rammemial adYBa°S'^^ PWFPGGeG with a maximum of twenty-four (24) square feet per face. C. Home Occupations Page 7 Commented tZW7]: From Mu code Commented [LM8]: Cross check with ASDM7 1. Home occupations must comply with Section 26-613 of the Municipal Code. 2. Residential units with an approved home occupation business license through the City are allowed one freestanding or wall -mounted non -illuminated sicin. Ma)('FnuFR SigR AFea (SquaFe Feet — 6.f -.Y* ---- ------------- Formatted: Font: 10 pt of Build*Rq Single Use Develepmion -- -Mufti pie: U so Deveierme I I ---------------------- a f. Formatted: Font 10 pt --------------------- = - �--- = - - Formatted: Font 10 pt 6,000 r 7 Of fiGOF aFea 8Y9F 4,504. AfflAAF AMR. GYMF 4,691. POF eaGh aqokqft@��G -:P -P ------- Formatted: Font: 10 pt A@f�� AUS -1-S+ -e 50,009 G.f. 64. Of flGGF aFSa GV6F 6,001 Me OV6F 6,00 1, 1 190 s.f. plus 4 s.f. peF eash additional 1. 000 300 s.f. plus 4 s.f. peF earsh additional ----- ---- Formatted: Font: 10 pt a I - ----- I B of 390 S.f. A soze of 400 S.f. t beweed-ThefigOFM---a--o-f- 9 a --- --- Formated: Font: 10 pt station and dFiVe thFu Ganapies oannet be appi-ed towapd the fFeestandRg SOR a"GW Page 8 €C. Master sign plan. 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. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same tiFFIB all8WlRg AW 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. 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. 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; L 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 Page 9 I. The sign must-exsluswely advertise OF identify be in liue 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. Signs in mixed use zone districts. Signs in any mixed use zone district must also comply with requirements in section 26-1113. _ .. Signs for marijuana -related businesses. No permanent or temporary sign associated with a marijuana - related business licensed pursuant to Articles XII and/or XIII 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. CHART CHART DELETED AND REMOVED FROM REDLINES TO CONSERVE SPACE rum=T 2 CHART DELETED AND REMOVED FROM REDLINES TO CONSERVE SPACE Sec. 26-709. — Permitted Sign Types. A. A summary of sign types addressed in this article are listed in the following. tables. The tables identif if signs are permitted W), not permitted MID). or permitted in limited M circumstances. based on the land use of the property upon which a sign is located. B. For puraoses of this section only, the following defintions shall apply: 1. 4 -Low Density Residential. Land use category for determining allowable signs a both.permanent and temporary, for single-family and duplex units. 2. 2—Multifamily Residential. Land u e cateoory for determining allowable permanent signage for residential uses with three 3 or more attached dwelling units. 3. 3—Multifamily 13-9 units .Land use cate o na a for tewermoderate intensity multifamily residential uses with three [3] to nine (91 welling units. 4. 4—Multifamily 110+ unitsl.Land use category for determining allowable temporary sicinaa a for higher intensity multifamily residential uses with ten f101or more attached dwelling units. 5. 6—Nonresidential. Land use category for determinin allowable signage, both permanent and temporary, for all commercial, industrial and other nonresidential uses net des:qned fereGOUDaRGY C. Permanent Signs. For signs that are permitted IP or L additional standards are found in Section 26- 710. Table 1. Permanent Signs by Land Use Page 10 Type of Sian Low Density Residential Use Multifamily Residential Use Nonresidential Use — Address numbers P P P Animated NP NP NP Arcade NP NP P Barber shop les NP NP P Canopy NP NP P Changeable co NP NP P FreestandinA L P P Projecting NP NP P Secondary Informational NP P P Traffic control or rectulatory P P P Vehicle P P P W all yr ainted L P P Window or door P P P D. Temporary Signs. For sirens that are permitted IP or L,1. 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. Must be compliant with established city policies regarding addressing. C. Arcade Si4rrs. 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 ger business_ 3, Maximum size: 4 square feet Page 11 1 Commented [LM9 in alphabetical order Commented [LM10]: Cha II to Limited? Only allowed for certain eligib roperites (for sale, for rent, underconstruction Commented [LM11]: 1 think we put in definitions. Commented [M12]: REPLACE WITH NEW GRAPHICS Table 2. Temporary Signs by Land Use Tvpe of Sigrp _____ ______ __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 Yard - Small P P P P 'Yard - La o L P P P Portable NP P P P 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. Must be compliant with established city policies regarding addressing. C. Arcade Si4rrs. 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 ger business_ 3, Maximum size: 4 square feet Page 11 1 Commented [LM9 in alphabetical order Commented [LM10]: Cha II to Limited? Only allowed for certain eligib roperites (for sale, for rent, underconstruction Commented [LM11]: 1 think we put in definitions. Commented [M12]: REPLACE WITH NEW GRAPHICS e I^) erIA,- Figure F' ure X. Placeholder if needed for certain illustrations. Commented [LM13]: Do you think we need this or any other illustrations in here? 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 ri ht-of-wa with an ap roved right-of-way ermi . D. Barber Shop Poles. 1. Definition: A sign with a red white and blue striped interior which may or may not rotate- which is traditionally utilized to signify the presence an establishment within which t»ractice of barbering is engaged or carried out. 2. Maximum number: 1 per street frontage 3. Height: Pole heinht Scannot exceed 5 feet in heighttotal, may not exceed height of building to which it is attached. 4. Location: Must be wall mounted. Mav extend into the right-of-way with an ap2roved ri ht-of-wa permit. E. Canopy Signs. 1. Definition: A sion 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: May use up to 50% of the allowed wall sign allowance for canopies. F. Changeable Copy 1. Definition: A sign, either illuminated or nonilluminated, which is designed so that the message or any cart of the message may be periodically changed. either mechanically or electronically, however.however. where a chanoe in message occurs no sooner than every fifteen {151 seconds. 2. Prohibition: Changeable copy signs are not be permitted in the MU -N district or the MU -C TOD sub -district. 3. Maximum number: 1 per street frontage, but no more than 2 Der develo ment 4. Maximum size: a. For residential a maximum of 32 s uare feet oer sin with a maximum height of 7 feet b. For nonresidential must follow the freestanding and wall signage size regulations (CROSS REFERNCE SECTION NUBMER 5. Height: a. For residential uses, a maximum of 7 feet b. For nonresidential must follow the freestanding and wall si na a height regulations (CROSS REFERENCE( 6. Location: A minimum 5 foot setback from any property line: changeable copy, wall signs are not f Commented [ZW14]: From MU code. Page 12 G. Freestanding, 1, Definition:.- Awn 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 may include pole -mounted or monument signs. 2. Owner permission required: Single tenant signs on multitenant properties must provide property Page 13 Commented [LM151: Need to discuss pole v monument regs with consideration for existing regs, existing ASDM, and desire Commented [ZW7 61: Pulled from MU code. which it is associated. c. For new develo ment or total redevelo ment all freestanding signs shall be placed within landscaped areas. 4. Multiple si ns: 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 sguase footage allowed as noted in this subsection. In addition, the sign area allowed may be transferred from one 01 sign to another,provided, that no freestanding si n shall exceed four hundred 400 square feet in area. b. Where multiple signs are permitted because of multiple street frontage. the signs may be erected on the same street frontage. c. For double-faced signsr signseach sign face can have the maximumsquare foota a allowed. 5_ 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 6. For nonresidential uses in residential zone disincts- 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: 7feei 7. For nonresidential uses in nonresidential zone districts: a. Maximum size: Based upon Table 3 below. b. Minimum setback: Based upon heitlht and ad acent 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 in height Iv. 30 feet for si ns 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 `:4 milt of an interstate hi hwa measured from the property line iii. 15 feet for all other freestanding signs d. Location: Signs shall be in landscaped area for all new development r total redevelopment Oche. r U latiOnS fe. n niden4a #914tBae. eaGh permitted sign rhall he allowed to have the ... ,1 feetaee allowed -h8 ^d ^ the fe .1.. she in elven IHF In edd'1 tbg ' RFeA A"AWAd FA that no f.eestand'nsoqn shall e ed f9 F h.,nd.ed (490) .- a feel in area m*tt8d 4.eee of FAI-OPnle e{.eel benl....e the ^ ocins Fnay be eeled an same 6tFee fnnMeee Page 13 Commented [LM151: Need to discuss pole v monument regs with consideration for existing regs, existing ASDM, and desire Commented [ZW7 61: Pulled from MU code. Table 3 Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone districts Floor Area of Buildi Single U e Development Multiple Use Devel ment 4i2 0-1 500 s.f. 35 s.f. 60 s.f. 11 5015 000000 35 s.f. plus 1 s.f. ger 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 1,50 1. 5.001-50.000 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. Der each 300 s.f. of s.f. 500 s.f. of floor area over 5 001. floor area over 5.001. Over 50 001 s.f. — 190 s.f. plus 1 s.f. 2er each additional 300 s.f. plus 1 s.f, per each additional 1.000 s.f. of floor area over 50,001 up to 1 .f. of floor area over 50,001 u to a maximum size of 300 s.f. a maximum size of 400 s.f. `In computing allowable sin ize. only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestandinci sign allowance. 1114he.e two 1(21 fregstas dine ROOM e gniHeed by «:riun pf m, Itielp rtFe ett alln ed to ha a the feetase all_nwed as defined on ..thew; 1W. —WheFe multiple sips aFe iqeFFRO#A-d- Of .., ltiple nd. ed ftnte a +l,e may be Per double fared suns- each signnn`'ne allewe4d-. W nds&aeina freestandiaa sianrehail be S. Home Occupation 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.i+e_sigr► m #aestand'nq or wall mounted. H. Proiecting. 1. Definition: A sign which is affixed to any buildin wall or structure and which extends beyond the building wall more than�fitirlstlee* 2. Maximum number: 1 per street frontage or business 3. Maximum size: 1 square foot 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 sidew Ik. 5. Location: May extend into the right-of-way with an aQproved right-of-way permit, shall be no less than 12 inches but nom re than 48 inches away from the structure to which the sign is attached. I. Secondary (Information.,, Page 14 pedestrians, such as entrance. exit, parking limitations or location of onsite buildings or facilities. Secondary signs shall be clearly incidental to the primary signage on a property, in both height and sign area- l_ 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 trianctle. or 48 inches where outside of a sight distance triangle. If an o anization loo is incorporated into the sign the logo shall not exceed 1 square foot in size. i s'. J. Traffic control or reyukdory, 1. Definition: Signs, signals or markings ofaced or erected by federal, state or local authority of the purpose of regylating, warning or quiding traffic 2. Maximum number: No limit 3. Maximum size: No limit 4. Height: No limit W.11 or .ilted. 1. Definition: aA 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, extent that signac]e 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. based ween 8486149611 SF fidiaSi 5. Location: Cee ^ er a. Signs may only be affixed to walls which are parallel with public streets or moor interior drives. as determined by the community development director b_ For buildings with flat roofs. wall signs shall not extend above the too of the parapet or 7. Home Occupations Page 15 Commented [LM17]:Orjustdeletethi Commented [LM18]: Anythinga6ut not allowing mobile billboards? Vehicles that are 1(otherwise used for service, delivery, or general transpeYtation? Commented [LM19]: Canopies or awnings? We don't use the term marquee 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. T#re saafla window or door. 1. Definition: Signaoe affixed or painted on to a door or window Maximum number- Ate wad 2. Maximum size: Sicin shall not obstruct more than 25 aercent of the door or window area Heiqht� NAA 6esafiew 3. Other: The material installation and/or size of window or door signs shall not negatively affect compliance with the transparency standards established in Sienese Section 26-### and in the Architectural and Site Design Manual. Sec. 26-711. - Temporal Sign Standards. A. General. 1. Where a property is eligible for a temporary sign based on Section 26-7##, the standards of this section shall apply. J 2. Maximum number: Where a property is eliplible for a temporary si n based on Section 26-7## any given time, with the exception of seasonal signs as described in subsection F below. Seet*en 26 702. or out an TOwii 3. Illumination of temporary si ns is prohibited. B. Balloon or inflatable. 1. Definition: An sign consisting of material intended to be filled with air or helium or have air blown through in order to create a visual nIlattraction• this is inclusive of air dancers inflatables caricatures all types of balloons. and similar devices. 2. Maximum umber: ------------------------- --- 3. Maximum izec 4. Height: Cannot exceed the maximum permitted building height for the zone district in which the are located measured from existing rade. 5. Location: May not be located within the public right-of-way. 6. Other: Shall be securely anchored or attached so as to Prevent dislocation entanglement or encroachment onto adiacent 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 number: 1 per business or activity 3- Maximum size: Total size for any single or combined banners affixed t0 a wall - based on one half (1/21 the allowance for wall sins. 4. Height: 5. Location: May be placed upon a building wall but shall not be attached to fencing, landscaping, freestanding posts or utilitpoles. Banners may be placed only on walls facing a public street or maior interior drive. 6. 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. Page 16 Commented [ZW20]: Must be a better Commented [ZW21]: Multiple smal (loons okay, but multiple large inflatable characters mit by size? Commented [LM22R21]: qY6 much detail. WE already said only 1 temporary sign r. I would just delete "2. Maximum number" entirely. i Commented [3]: Think we need to determine what this might be J Commen [LM24R23]: Or just delete. A balloon is a balloon. E. Pennant, streamer. and other similar device.i - 1 . Definition: IA sign made of flexible materials suspendedfrom one or two corners, used in combination with other sign signs to create the impression of a line] AA�..in.,..n n .., r.er• AA u..:..La. �o�cwrrr. -L�6at19f� 2_ AtherLocation: Shall be securely anchored or attached so as to prevent dislocation, entanglement or encroachment onto adiacent pMperties or public streets or undue hazard to motorists or g_gdestHans. F Yard – small.) Commented [ZW25]: Current regulations are very open. No max size, or height. Max number Is the complicated 1x for 60 days, 2x for 30 days, 4x for 15 days. May be reasonable for this type of sign? Commented [ZW26]: From APA planner directory _. _._- _..- _ . . . I .._. ----- Commented [ZW27]: Standards pulled from current ;onstructed of paper, vinyl, plastic, wood. "Political Campaign Signs" ...-_-. of time Commented [LM28R27]: Distinguish between small and ------------------- ------------------------------------ ----------------------------------------- large 2. Maximum number: From September 1 through November 30Tonly, P^"F se; up to g n definitions also three (3) small yard signs are allowed per dwelling unit or business Commented [ZW29]: From Brush sign code Nevember-36 - 3. Maximum size: Shall not exceed square feel in size per sign Commented [LM30]: Three months seems more u^onh.. realistic? Ask CC? �T 4. Location: MaaShall not be placed within city right-of-way or municipally owned property. Ne ward Commented Wall]: Seems too big. What's the size of a typical small yard sign? 3 square feet? 18 x247 IG. Yard –large.] 1. Definition: A rrtemDora rv. ground -mounted. portable sion constructed of nailer. vinvl_ olastic wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time• 2. Maximum size: a. IFor residential uses 9 suare feet b. For nonresidential uses.102 square feet 3. Minimum setback: 5 feet 4. Maximum Hheight: Shall not exceed 7 feet in height ..................................................... 5. Location: Allowed only on prop2rties with active listings for sale or for rent. or on properties with active building permit shall be illuminated. H. orlabl . 1. Definition: Anv Sion which is supported by one 11 ] or more uprights or braces unon the around and which is of portable design, such as A -frame or pedestal style signs. 2. Maximum size: 6 square feet peside per sign u.: nL1• yrs: 3. LeeatkmSetback: a. feet from any street right-of-way line if taller than 36 inches b. eF-2 feet from any street right-of-way line if 36 inches or less in height 4. Location: a—Mav be located on a -sidewalk within private property. provided that adertuate clearance exists to meet ADA repuirements. a. Page 17 Commented [ZW32]: Standards pulled from current "Real Estate Signs" Commented [ZW331: Need something to differentiate this from yard — small Commented MUM]: Maybenot—justdistinguished by size and eligible properties (sort of like minor or major accessory structures?) Commented [LM351: Differentiate between low density res and mid -/high- multi? Commented [ZW36]: Pulled from current "construction I signs" Commented [LM37]: Put in alphabetical order b . Must be anchored to the around or weighted sufficientIV to prevent movement by wind c May not be located outside when business is closed. Must aRly be dffisp4yg4A2EjEq Sec. 26-7124. - Billboards; specifications and regulations. [no change] Page 18 sight distance triangle sign, abandoned a sight distance triangle (See also clear vision triangle) The triangular area formed by a diagonal line connecting two points located on intersecting street right- of-way lines (or a right-of-way line and the curb or edge of a driveway). (Baton Rouge, La.) The area of a corner lot bounded by the right-of-way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines. (Maryland Heights, Mo.) An area of land at the intersection of streets, or a street and a driveway, within which nothing may be erected, planted, placed, or allowed to grow in a manner which will obstruct the vision of motor- ists entering or leaving the intersection. (Clarkdale, Ariz.) A triangular area on a comer lot, two of the sides of such triangle being formed by extending two imaginary lines from the corner of the lot adjacent to the street intersection at least 40 feet back to two points along the sides of the lot parallel to the two intersecting streets, the third side then being formed by the connection of such points. (Moorpark, Calif.) ■ sign Any device (including but not limited to letters, words, numerals, fig- ures, emblems, pictures, or any part or combination) used for visual communi- cation intended to attract the attention of the public and visible to the public right - PROJECT z_ n 79 c3 Q FREE Y- � STAN• �ro�d DING 360 of -way or other properties. The term "sign" shall not include any flag, badge, or insignia or any governmental unit, nor shall it include any item of merchandise normally displayed within a show win- dow of a business. (Glendale, Ariz.) A communication device, structure, or fix- ture that incorporates graphics, symbols, or written copy intended to promote the sale of a product, commodity, or service, or to provide direction or identification for a premises or facility. (Redmond, Wash.) Any words, lettering, figures, numerals, emblems, devices, trademarks, or trade names, or any combination thereof, by which anything is made known and which is designed to attract attention or convey a message. (Doylestown, Ohio) Any writing (including letter, word, or numeral), pictorial presentation (includ- ing illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other figure of similar character, that: (1) is a structure or any part thereof, or is at- tached to, painted on, or in any other manner represented on a building or other structure; (2) is used to announce, direct attention to, or advertise; and (3) is visible from outside a building. A sign includes writing, representation, or other figures of similar character, within a building, only when illuminated and lo- cated in a window. However, nonillu- sign minated signs containing solely noncom- mercial copy with a total surface area not exceeding 12 square feet on any zoning lot, including memorial tablets or signs displayed for the direction or convenience of the public, shall not be subject to the provisions of this resolution. (New York, N.Y.) Commentary: The definition of sign should be broad enough to include all signs, without regard to physical appearance or content. Fol- lowing this rule of thumb, the definitions of sign we offer here do not have a detailed list of the possible physical attributes of a sign and its supporting structure, nor do they say any- thing about the content of the sign message. Instead, the emphasis is on what a sign does. Since various types of signs are regulated dif- ferently, the zoning ordinance will necessar- ily provide definitions for each, and we have provided a long list of sign definitions here describing a number of types of signs. Plan- ners must consult their municipal attorney when drafting sign definitions and regula- tions. PAS Report No. 489/490, Aesthetics, Community Character, and the Law, by Christopher J. Duerksen and R. Matthew Goebel, has a chapter specifically devoted to an analysis of case Iaw regarding what com- munities can and cannot do in the regulation of signs. ■ sign, abandoned A sign or sign structure on a site where all buildings have been demolished or removed. (Port- land, Ore.) Any sign that advertises a business, les- sor, owner, product, service, or activity that is no longer located on the premises where the sign is displayed. (Ingo County, Calif.; Truckee, Calif.) A sign that no longer identifies or adver- tises a bona fide business, lessor, service, owner, product, or activity and/or for which no legal owner can be found. (Con- cord Township, Pa.) (a) A sign pertaining to or associated with an event, business, or purpose which is no longer ongoing and which has been inactive or out of business for a period of 90 consecutive days or longer; or (b) a sign which contains structural components but no display for a period of 90 consecu- tive days or longer. (Milwaukee, Wisc.) ■ sign, advertising Any advertising sign, billboard, statuary or poster that directs attention to a business, commod- ity, service, or entertainment not exclu- sively related to the premises where such sign is located or to which it is affixed, but does not include those advertising signs, billboards, or poster panels that direct attention to the business on the pre- mises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises. (Doylestown, Ohio) A sign that has as its purpose to promote, advertise, or sell a product or service ob- tainable on the premises upon which the sign is located, and not to identify the premises. (Duluth, Ga.) A sign which directs attention to a busi- ness, commodity, service, or entertain- ment not exclusively related to the pre- mises where such thing is located or to which it is affixed. (Mora, Minn.) ■ sign, aerial A balloon or other air- borne flotation device which is tethered to the ground or to a building or other structure that directs attention to a busi- ness, commodity, service, or entertain- ment conducted, sold, or offered. (Troy, Ohio) • sign alteration Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or sup- porting structure of any sign. (Inyo County, Calif.) ■ sign, animated or moving Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. (Iowa State University Exten- sion Service) A sign with action, motion, or changing colors which require electrical energy. This does not include signs that indicate only time, temperature, or date. (Duluth, Ga.) A sign that uses movement, lighting, or special materials to depict action or cre- ate a special effect to imitate movement. A flashing sign shall not be considered an animated or moving sign. (Inyo County, Calif.) Any sign that, through the use of moving structural elements, flashing or sequen- tial lights, lighting elements, or other au- tomated method, results in movement, the appearance of movement, or change of sign image or text. Changing image signs do not include otherwise static signs where illumination is turned off and back on not more than once every 24 hours. (Portland, Ore.) Any sign or part of a sign which changes physical position or light intensity by any movement or rotation or that gives the appearance of such movement or rota- tion. (Clarkdale, Ariz.) Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impres- sion of such movement by use of light- ing, or that exhibits intermittent or se- quential flashing of natural or artificial light or color effects by any means what- soever. (Loveland, Colo.) ■ sign animation The presentation of pictorials and graphics on signs displayed in a progression of frames which give the illusion of motion, including but not lim- ited to the illusion of moving objects, moving patterns or bands of light, or ex- panding or contracting shapes. (Lancaster, Ohio) ■ sign, appurtenant A sign incidental, appropriate, and subordinate to a permit- ted use of the lot or building upon which the sign is located. (Redding, Calif.) A sign relating only to the sale of goods or rendering of services upon the build- ing site on which said sign is erected or maintained. (Monterey County, Calif.) s sign area The entire area within a continuous perimeter, enclosing the ex- treme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual let- ters, numerals, or other devices shall be the sum of the area of the smallest rect- angle or other geometric figure encom- passing all of said letters or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be constructed so that the pe- Sign, awning rimeter of both faces coincide and are parallel and not more than 24 inches apart. (Prince William County, Va.) The entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure. (Iowa State Univer- sity Extension Service) The area within a continuous perimeter enclosing the limits of writing, represen- tation, emblem, or any figure or similar character, together with any frame or other material or color forming an inte- gral part of the display or used to differ- entiate this sign from the background against which it is placed, excluding the necessary supports or uprights on which this sign is placed; provided, however, that any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the dis- play face shall be included in the compu- tation of the sign whether this open space be enclosed or not by a frame or border. For projecting or double-faced signs, only one display face shall be measured in computing sign area which the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that it is a common attached structure. If the two faces of a double- faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face. (Duluth, Ga.) n sign, auxiliary A sign pertaining to the safe and efficient movement of pedes- trians and vehicular traffic into and out of a building, parking area, and premises. (E1 Paso, Tex.) ■ sign, awning A sign incorporated into or attached to an awning. (Portland, Ore.) A sign that is either attached to, affixed to, or painted on an awning or canopy and not exceeding 50 square feet in sign area. (Inyo County, Calif.) Any nonilluminated sign painted on or applied to a structure made of cloth, can- vas, metal, or similar material that is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding 361 back -lit - 5 _ +�,,� an awning in a retracted position against the building. (Concord Township, Penn.) Any sign attached to or constructed on the face of a permanent, rooflike shelter, extending from part or all of the building face and constructed of some durable material. (Gillette, Wyo.) A sign that is painted on or otherwise at- tached to an awning that is otherwise permitted by ordinance. (Loveland, CoIo.) A sign that is mounted, painted, or oth- erwise applied on or attached to an awning or other fabric, plastic, or struc- tural protective cover over a door, en- trance, or window of a building. A mar- quee or a canopy is not an awning. (Troy, Ohio) ■ sign, back -lit An indirect source of light which illuminates a sign by shining through a translucent surface of a sign, including plastic signs, lit from an inter- nal light source. (Sedona, Ariz.) A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign. (Truckee, Calif.) K sign, balloon One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commod- ity or service sold, offered, or manufac- tured, or to any entertainment. (Redondo Beach, Calif.) 362 awning sign Any lighter -than -air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location. (Reno, Nev.) balloon sign w sign, banner A sign with or without characters, letters, illustrations, or orna- mentations applied to cloth, paper, flex- ible plastic, or fabric of any kind with only such material for backing. (Duluth, Ga.) A sign having characters, letters or illustra- tions applied to cloth, paper or fabric of any kind, with only such nonrigid material for background. (Concord Township, Pa.) A sign which is constructed of cloth, can- vas, or other type of natural or man-made fabric, or other similar light material which can be easily folded or rolled, but not including paper or cardboard. (Loveland, Colo.) bench A sign of lightweight fabric or similar nonridged material that is mounted with no enclosing framework. (Troy, Ohio) ■ sign, banner, corporate The emblem or standard of a for-profit or not-for-profit corporation, or other similar entity. (Co- lumbus, Ohio) z sign, banner, ornamental A banner that uses any of a variety of images or colors of an ornamental nature, and that displays no on -premises or off -premises copy. (Columbus, Ohio) ■ sign, banner, permanent A sign made of flexible materials and supported along one or more sides or at two or more comers by one or more fixed, rigid sup- ports, such as poles or rods. (Milwaukee, Wisc.) ■ sign, banner, temporary A sign made of flexible materials and supported along one or more sides or at two or more corners by staples, tape, wires, ropes, strings, or other materials that are not fixed or rigid. (Milwaukee, Wisc.) a sign, bench A sign located on the seat or back of a bench or seat placed on or adjacent to a public right-of-way. (Con- cord Township, Pa.) A sign which directs attention to a busi- ness, product, service, or entertainment conducted, sold, or offered at a location other than on the premises on which the sign is located, but shall not include bus stop signs. (Loveland, CoIo.) banner sign i, billboard A bench or similar device containing ei- ther off -premise or on -premise advertis- ing. (Beaverton, Ore.) Any bench or seat, which is placed in or within 30 feet of the public right-of-way, and which contains advertising material. (Golden, Colo.) ■ sign, billboard (See also corridor, sign) A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other then the premises on which the sign is located. (Iowa State University Extension Service) Aboard, panel, or tablet used for the dis- play of posters, printed or painted adver- tising matter, either illuminated or nonilluminated, that directs attention to goods, merchandise, entertainment, or services offered elsewhere than the pre- mises where the sign is located. (Gillette, Wyo.) A structure for the permanent display of off -premises advertising. Off -premises advertising is any commercial message referring or relating to an enterprise or business that is not conducted on the pre- mises where the sign is located. (Dewey Beach, Del.) A sign which directs attention to a busi- ness, product, service, or entertainment conducted, sold, or offered at a location other than on the premises on which the sign is located, but shall not include bus stop signs. (Loveland, Colo.) ■ sign, billboard, back-to-back A structure with two parallel sign faces ori- ented in opposite directions. (Cape Girardeau, Mo.) n sign, billboard, V type A structure or structures with two sign faces, form- ing the shape of the letter "V" when viewed from above, with an angle be- tween the two faces of not more than 60 degrees. (Cape Girardeau, Mo.) sign, blade/bracket A small, pedes- trian -oriented sign (i.e., less than four square feet) that projects perpendicular from a structure (blade sign) or is hung beneath a canopy (bracket sign). (Inyo County, Calif.) ■ sign, bus stop Signs located on benches or shelters placed in the public rights-of-way or on private property ad- jacent to public rights-of-way at a bus stop pursuant to a written agreement with the city which sets forth the regulations for size, content, placement, design, and ma- terials used in the construction of said signs, benches, and shelters. (Loveland, Colo.) it sign, business identification Any sign identifying a specific business, either retail, wholesale, or industrial, or a pro- fession and is located upon the subject property. (Plymouth, Minn.) A sign displaying information pertaining to goods, services, or entertainment of- fered or produced by the business located on the same property as the business sign, but not including advertising devices or advertising displays. (Malibu, Calif.) A sign directing attention to a business or profession conducted or to a commod- ity, service, or entertainment sold or of- fered on the premises on which such sign is located or to which it is affixed. (Mora, Minn.) ■ sign, cabinet A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. (Ingo County, Calif.) sign, canopy A wall sign that is lo- cated on the roof, fascia, soffit, or ceiling of a canopy, and that is otherwise permit- ted by ordinance. (Loveland, Colo.) , civic event A sign that is mounted, painted, or oth- erwise applied on or attached to a free- standing canopy or structural protective cover over an outdoor service area. An awning or a marquee is not a canopy. (Troy, Ohio) Any sign attached to the underside or constructed upon a canopy. (Irvine, Calif.) n sign, changeable copy A sign de- signed to allow the changing of copy through manual, mechanical, or electri- cal means including time and tempera- ture. (Truckee, Calif.) A sign which displays words, lines, logos or symbols which can change to provide different information. Changeable copy signs include computer signs, reader boards with changeable letters and time and temperature units. (Loveland, Colo.) A sign or portion thereof designed to ac- commodate frequent message changes composed of characters, letters, or illus- trations and that can be changed or rear- ranged, either manually or electronically, without altering the face or surface of such sign. (Troy, Ohio) w sign character Any letter of the al- phabet or numeral. (Lancaster, Ohio) ■ sign, civic event A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic -frater- nal organization, or similar noncommer- cial organization. (Truckee, Calif.) canopy sign 363 sign, cloth a sign, cloth Any sign executed upon or composed of any flexible fabric. (Ver- nal City, Utah) ■ sign, combination A sign incorpo- rating any combination of the features of freestanding, projecting, and roof signs. (St. Paul, Minn.) A sign incorporating any combination of the features of projecting, roof, or free- standing signs. (Vernal City, Utah) ■ sign, commemorative A sign, tablet, or plaque commemorating or memorial- izing a person, event, structure, or site. (Loveland, Colo.) A sign, tablet, or plaque memorializing a person, event, structure, or site.... (Ingo County, Calif.) construction sign ■ sign, construction A temporary sign providing information about future de- velopment or current construction on a site and the parties involved in the project. (GIendale, Ariz.) Atemporary sign identifying an architect, engineer, contractor, subcontractor, or material supplier who participates in con- struction on the property on which the 364 conunerative sign sign is located. (Concord Township, Pa.) A temporary sign placed by a licensed contractor to advertise the work done on that property. (Clarkdale, Ariz.) A temporary sign erected on the premises on which construction, alteration, or re- pair is taking place, during the period of active continuous construction, display- ing only the names of the architects, en- sign, development gineers, landscape architects, contractors, or similar artisans, and the owners, finan- cial supporters, sponsors, and similar in- dividuals or firms having a role or inter- est with respect to the structure or project. (Loveland, Colo.) An on -premises sign identifying a con- struction project or subdivision develop- ment. The sign may contain the name of the project, name, and address of the con- struction firm(s), architect, and developer. (Vernal City, Utah) E sign copy Any combination of let- ters or numbers which is intended to in- form, direct or otherwise transmit infor- mation. (Boise City, Idaho) Any graphic, word numeral, symbol, in- signia, text, sample, model, device or combination thereof which is primarily intended to advertise, identify, or notify. (Sedona, Ariz.) ■ sign copy area The area of the sign occupied by copy. It is computed by mea- suring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers. (Boise City, Idaho) The area of a sign that is used for display purposes excluding the minimum frame and supports. In relation to signs that do not have a frame or separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. (Ver- nal City, Utah) ■ sign copy, changeable Copy or other images that physically change or give the appearance of change at intervals of less than 10 minutes. (Lancaster, Ohio) ■ sign, detached A sign not attached to or painted on a building, but which is permanently affixed to the ground. A sign attached to a flat surface such as a fence or wall and not a part of a building shall be considered a detached sign. (Baton Rouge, La.) a sign, development identification A sign which, by means of symbol or name, identifies a shopping center, com- mercial or industrial park, or other de- velopment that may contain a mixture of residential, commercial, or industrial uses. (Troy, Ohio) sign, dilapidated sign, flashing ■ sign, dilapidated A sign where ele- ments of the display area or panel are vis- ibly cracked, broken, or discolored, where the support structure or frame members are visibly corroded, bent, broken, torn, or dented, or where the message can no longer be read under normal viewing con- ditions. (Milwaukee, Wisc.) 11 sign, direct illumination A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is per- ceived as a design element of the sign. (Inyo County, Calif.) Illumination of a sign that is effected by a source of light contained within the sign it- self. Any sign in which light becomes vis- ible by shining through a translucent sur- face shall be considered a sign in which internal illumination is used. (Peoria, Ill.) The method of sign illumination using indi- vidual bulbs or other lighting elements to form the alphabetic or numeric characters or graphic elements of the sign, or where the sign face or individual letters or numbers are of translucent material through which light from lighting fixtures inside the sign is trans- mitted. (Truckee, Calif.) ■ sign, directional Any on -premises sign that includes information assisting in the flow of pedestrian or vehicular traf- fic such as enter, exit, and one-way. (Glen- dale, Ariz.) A sign whose message is exclusively lim- ited to guiding the circulation of motorists or pedestrians on the site. (Portland, Ore.) Signs limited to providing directions nec- essary or convenient for visitors or clients coming onto a premises including signs marking entrances and exits, parking ar- eas, loading zones, or circulation direc- tion. (Clarkdale, Ariz.) a sign, directory A sign, other than an identification sign, listing the names, uses, or locations of the various businesses or activities conducted within a building or group of buildings, that is centrally lo- cated and intended to provide on-site di- rections. (Glendale, Ariz.) A sign or group of signs attached to a building or freestanding which identifies the business, owner, address, or occupa- tion of a group of businesses, but contains no advertising. (Scott County, Minn.) ■ sign, double-faced A sign with two display areas against each other or where the interior angle formed by the display areas is 60 degrees or less, where one face is designed to be seen from one direction and the other side from another direction. (Duluth, Ga.) A sign constructed to display its message on the outer surfaces of two identical and op- posite parallel planes. (Inyo County, Calif.) A sign with two faces. (Concord Township, Pa.) ■ sign, electric Any sign containing or using electrical wiring, but not including signs illuminated by an exterior light source. (Renton, Wash.) w sign, electronic message board A sign with a fixed or changing display/ message composed of a series of lights that may be changed through electronic means. A time and/or temperature sign shall not be considered an electronic graphics sign. (Inyo County, Calif.) Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illumi- nated segments. (Renton, Wash.) r sign encroachment, permissible Any existing awning, marquee, advertis- ing sign, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissible retention of overhanging signs is not to be construed as being applicable to those signs sup- ported from poles constructed outside the right-of-way line and not confined by adjacent buildings. (Charleston, Ill.) r sign face The area or display surface used for the message. (Prince William County, ha.) The part of the sign that is or can be used to identify, advertise, or commu- nicate information or for visual repre- sentation that attracts the attention of the public for any purpose. The frame or structural members may be consid- ered as part of the sign face if it is so designed with lighting or other orna- mentation that is incorporated for the sign design. (Jacksonville, N.C.) z sign, fascia A sign mounted against the horizontal piece covering the joint between the top of a wall and the project- ing eaves of the roof. (GIendale, Ariz.) A single -faced sign attached flush to a building. (Portland, Ore.) ■ sign, fence A sign attached to or painted on a fence. (Beaverton, Ore.) ■ sign, flashing Any illuminated sign on which the artificial light is not main- tained stationary or constant in intensity and color at all times when such is in use. Any moving, illuminated sign shall be considered a "flashing sign." Such signs shall not be deemed to include time and temperature signs or public message dis- flashing sign plays using electronic switching. (Doyles- town, Ohio) A sign that contains an intermittent or se- quential flashing light source. An ani- mated or moving sign shall not be consid- ered as a flashing sign. (Inyo County, Calif.) A sign that exhibits artificially changing light or color effects visible from the right- of-way or adjoining properties. (Cham- paign, III.) 365 flat Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means. (CIarkdale, Ariz.) Any illuminated sign on which the lights either blink on and off randomly or in sequence or have intermittent variation in intensity or color. (Troy, Ohio) A sign having lights or illumination which flashes, moves, rotates, scintillates, blinks, flickers, varies in intensity of color, or uses intermittent electrical pulsations; provided, however, that season lighting as permitted by [local code] shall not be considered a flashing sign. (Sedona, Ariz.) ■ sign, flat Any sign which is attached directly, in rigid manner, and parallel to the building wall. (Grant County, Ky.) Any sign attached to a building or other structure that projects less than 18 inches beyond the building but extends parallel or substantially parallel thereto. (Vernal City, Utah) ■ sign, freestanding Any sign sup- ported wholly or in part by some struc- ture other than the building or buildings housing the business to which the sign pertains, or any sign which projects more than five feet from the side of the building to which it is attached. (Doylestown, Ohio) A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. (Duluth, Ga.) Any nonmovable sign not attached to a building. (Clarkdale, Ariz.) identification . sign, fuel pump A sign affixed to or to the highest point of the sign or sign mounted on a fuel pump. (Troy, Ohio) structure. (Blacksburg, Va.) sign, garage sale A sign with a mes- sage advertising the resale of personal property that has been used by the resi- dent. (Truckee, Calif.) r sign, gas station price A changeable copy sign advertising gasoline price signs. (Beaverton, Ore.) ■ sign, going out of business A tem- porary sign indicating that the business displaying the sign will cease and be dis- continued at a specific location. (Sedona, Ariz.) i sign, government A sign erected and maintained by or on behalf of the United States, the state, the county, or the city for the purpose of regulating traffic or for civic purposes. (Loveland, Colo.) ■ sign, grand opening (See also grand opening) A temporary sign indicating that a new business is opening at a spe- cific location. (Sedona, Ariz.) r sign, gross area of The entire area within a single continuous perimeter en- closing the extreme limits of a sign. How- ever, this perimeter shall not include any structural elements lying outside of the hm- its of the sign and not forming an integral part of the display. (Doylestown, Ohio) The entire area within a single continu- ous perimeter enclosing the extreme lim- its of a sign, and in no case passing through or between any adjacent ele- ments of the same; provided, however, such perimeter shall not include any structural elements lying outside of the sign and not forming an integral part of the display. (Mora, Minn.) Any nonmovable sign not affixed to a re sign, ground A sign suspended or building that is not a portable sign. supported by one or more uprights or (Loveland, Colo.) braces anchored in the ground with no A sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for sup- port from anybuilding. (Milwaukee, Wisc.) r sign, freeway -oriented (See also corri- doi; sign) A sign located within 1,000 feet of any ramp of an interstate highway. (Troy, Ohio) 366 more than 30 inches clearance from the bottom of the sign to the ground below. (Troy, Ohio) x sign, hazardous A sign that by reason of inadequate maintenance, dilapidation, or obsolescence creates a hazard to public health, safety, or welfare. (Loveland, Colo.) ■ sign height The vertical distance measured from the lowest adjacent grade The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below and adjoining the sign. (Ingo County, Calif.) Height shall be measured from sign base, provided that if the ground at the base is augmented in a manner that adds height to the sign but not the surrounding build- ings, the height shall be measured from the nearest paved travel way. Where such traveled way is to be enlarged or other- wise altered in the future, the measure- ment is to be made from the projected grade of the anticipated traveled way at final buildout. (Henderson, Nev.) ■ sign, highway directional An offi- cial highway directional sign or other of- ficial sign authorized by a city, state, or federal agency. (Philadelphia, Pa.) ■ sign, holiday decoration (See also sea- sonal decoration) Temporary seasonal signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message. (Truckee, Calif.) A temporary sign, in the nature of deco- rations, clearly customary and commonly associated with federal, state, local, or religious holidays and contains no com- mercial message. (Loveland, Colo.) ■ sign, home occupation A sign con- taining only the name and occupation of a permitted home occupation. (Iowa State University Extension Service) A sign listing only the name or occupa- tion of a permitted home occupation. (Clarkdale, Ariz.) sign, hood A sign attached to, painted on, or suspended from a hood. This term includes signs commonly re- ferred to as marquee signs. (Milwaukee, Wisc.) ■ sign, identification A sign giving the nature, logo, trademark, or other iden- tifying symbol; address; or any combina- tion of the name, symbol, and address of a building, business, development, or es - sign, tablishment on the premises where it is located. (Iowa State University Extension Service) A sign used to display only the name, address, crest, or trademark of the busi- ness, individual, family, organization, or enterprise occupying the premises, the profession of the occupant or the name of the building on which the sign is dis- played. Also, a permanent sign announc- ing the name of a subdivision, shopping center, tourist home, group housing project, church, school, park, or public or quasi -public structure, facility, or devel- opment and the name of the owners or developers. (Doylestown, Ohio) A sign giving only the nature, logo, trade- mark or other identifying symbol, ad- dress, or any combination of the name, symbol, and address of a building, busi- ness, development, or establishment. (Loveland, Colo.) A sign which, by means of symbol or name, identifies the area or premises where such sign is located or to which it is affixed. (Troy, Ohio) a sign, ideological Any sign announc- ing or supporting the personal views of the property owner or tenant of the lot on which the sign is located. (Clarkdale, Ariz.) A sign which does not propose a commer- cial transaction but, instead, involves only the expression of ideas or beliefs. (Sedona, Ariz.) ■ sign, illegal Any of the following: (1) a sign erected without first obtaining a permit and complying with all regula- tions in effect at the time of its construc- tion or use; (2) a sign that was legally erected but whose use has ceased because the business it identifies is no longer con- ducted on the premises; (3) a nonconform- ing sign for which the amortization pe- riod has expired; (4) a sign that was legally erected but which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value; (5) a sign that is a danger to the public or is unsafe; or (6) a sign that pertains to a specific event that has not been removed within five days after the occurrence of the event. Unyo County, Calif.) A sign which includes any of the follow- ing: (a) a sign erected without first com- plying with all regulations in effect at the time of its construction or use; (b) a sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days; (c) a sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortiza- tion period for the display provided by the ordinance rending the display con- forming has expired, and conformance has not been accomplished; (d) a sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value; (e) a sign which is a danger to the public or is un- safe; (f) a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the town; or (g) a sign that pertains to a specific event, and five days have elapsed since the occur- rence of the event. (Truckee, Calif.) Any sign which was erected without a sign permit in violation of any of the or- dinances of the city governing the same at the time of its erection and which sign has not been in conformance with such ordinances ... and which shall include signs which are posted, nailed, or other- wise fastened or attached to or painted upon structures, utility poles, trees, fences, or other signs. (Loveland, Colo.) a sign, illuminated A sign designed to give forth artificial light directly or through transparent or translucent mate- rial from a source of light within this sign, including but not limited to neon and ex- posed lamp signs, or a sign illuminated by external light directed primarily to- ward this sign and so shielded that no direct rays from the light are visible else- where than on the lot where the illumi- nation occurs. An illuminated sign that indicates only the time, temperature, or date shall not be considered a flashing sign. (Duluth, Ga.) A sign lighted by or exposed to artificial lighting either by lights on or in the sign si-,>17, iiilormational or directed toward the sign. (Iowa State University Extension Service) Any sign directly lighted by any electri- cal light source, internal or external, ex- cept light sources specifically and clearly operated for the purpose of lighting the general area in which the sign is located rather than the sign itself. (Tulsa, Okla.) a sign, incidental Those signs that are permitted without need for a sign permit. (San Juan Capistrano, Calif.) a sign, indirect illumination A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of il- lumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs de- pending on automobile headlights for an image in periods of darkness shall be con- strued to be indirectly illuminated signs. (Miami, Fla.) Illumination of a sign that is effected by a source of light not contained within the sign itself. (Peoria, Ill.) A sign whose light source is external to the sign and which casts its light onto the sign from some distance. (Truckee, Calif.) The illumination of a sign by a light fix- ture separate from the sign that shines light on the sign. (Truckee, Calif.) ■ sign, informational A sign which directs or regulates pedestrians or vehicle traffic within private property and in- cludes information of a general directive or informational nature such as no park- ing, handicapped parking, loading area, self-service, and rest rooms; which bears no advertising matter, and does not ex- ceed two square feet of sign area per face. (Loveland, Colo.) Any on -premise sign containing no other message, copy, announcement, or decora- tion other than instruction or direction to the public. Such signs include but are not limited to the following: identifying rest rooms, public telephones, walkways, en- trance and exit drives, freight entrances, and traffic direction. (Jacksonville, N.C.) A sign that provides a service, direction, or courtesy information intended to as - 367 institutional sist the public and is not displayed for the general purpose of advertising products or services. Information signs shall in- clude the location of business facilities (e.g., store entrances, walk-up windows, self-service operations) and courtesy in- formation (hours of operation, menus, credit cards accepted, restrooms, "no so- licitors"). Information signs shall not in- clude fuel price signs or traffic directional signs, nor shall they be part of any sign whose primary function is business iden- tification. (Redondo Beach, Calif.) A sign stating the hours of operation of a business, emergency telephone numbers, credit card usage, or other information of a similar nature. (Malibu, Calif.) Any sign installed within public right-of- way by a political subdivision to direct or control vehicular, pedestrian, and bi- cycle traffic, identify streets, parks, his- torical events, or provide other informa- tion deemed appropriate. (Grand Forks, N.Dak.) r sign, institutional A sign, which by symbol or name identifies an institutional use permitted within a residential zoning district and may also provide the an- nouncement of services or activities to be held therein. (Troy, Ohio) ■ sign, internal A sign that is not in- tended to be viewed from outside the property, and located so as not to be vis- ible from any public right-of-way or from any adjacent property, including any signs in interior areas of shopping cen- ters, commercial buildings and structures, stadiums, and similar structures of a rec- reational nature. Also included in such definition is a sign inside a building more than three feet inside any window or door and any sign not attached to a window or door that is not legible from a distance of more than five feet beyond the lot line of the zoning lot or parcel on which such sign is located. (Troy, Ohio) s sign, kiosk (See also kiosk) A sign consisting of three to five sides that lists names of businesses located on a prop- erty or in a building. (Duluth, Ga.) A freestanding bulletin board having more than two faces. (Miami, Fla.) 368 • sign, mansard A sign permanently affixed to a wall or surface designed to protect the edge of a roof, such surface being no more than 30 degrees from ver- tical. (Glendale, Ariz.) ■ sign, marquee A sign designed to have changeable copy, either manually or electronically. Marquee signs may be a principal identification sign, a freestand- ing sign, or a wall sign. Also known as a "readerboard sign." (Duluth, Ga.) A rooflike structure of a permanent na- ture that projects from the wall of a build- ing or its supports and may overhang the public way. (Cecil County, Md.) Apermanent rooflike structure extending from part of the wall of a building but not supported by the ground and constructed of a durable material such as metal or glass. (Schaumburg, III.) A sign that is attached to, in any manner, or made a part of any permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. (Troy, Ohio) ■ sign, menu A temporary sign used to inform the public of the list of entrees, dishes, foods, and entertainment avail- able in a restaurant. (GIendale, Ariz.) ■ sign, menu board A permanently mounted sign displaying the bill of fare for a drive-through restaurant. (Glendale, Ariz.) A portable or freestanding sign display- ing the type and price of food and bever- ages sold in connection with permitted outdoor dining, or a freestanding sign permanently affixed to the ground in con- nection with drive-through restaurant service. This definition is not meant to apply to signs displaying menu informa- tion that are attached to buildings (such signs are included within definitions for wall or projecting signs, as the case may be). (Redondo Beach, Calif.) A wall or freestanding sign that lists the foods or other products available at drive- through facilities. (Loveland, Colo.) ■ sign module A self-contained mes- sage component that is an integral part sign, nameplate of a sign. (Loveland, Colo.) ■ sign, monument A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural fea- tures other than support poles. (Prince William County, lea.) A freestanding sign where the base of the sign structure is on the ground or a maxi- mum of 12 inches above the adjacent grade. The width of the top of the sign structure can be no more than 120 percent of the width of the base. (Portland, Ore.) R sign monument zone An area of a site dedicated or permitted to the erection of a sign or sign cluster usually less than six feet in height, often lighted and planted with low, brightly colored sea- sonal flowers. (Louisiana State University) ■ sign, moving Any sign which in part or in total rotates, revolves, or other- wise is in motion. (Troy, Ohio) ■ sign, multitenant An identification sign for a commercial site with multiple tenants, displaying the names of each ten- ant on the site. (Truckee, Calif.) A sign that serves as a common or collec- tive identification for two or more uses on the same premises. (Loveland, Colo.) a sign, nameplate A sign indicating the name and address of a building; or the name of an occupant thereof, and the practice of a permitted occupation therein. (Gurnee, Ill.) A sign, located on the premises, giving only the name or address, or both, of the nameplate sign neon owner or occupant of a building or pre- mises. (Loveland, Colo.) A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein. (Mora, Minn.; Robbinsdale, Minn.) N sign, neon A sign containing glass tube lighting in which a gas and phos- phors are used in combination to create a colored light. (Inyo County, Calif.) An illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube that is bent to form letters, sym- bols, or other shapes. (Malibu, Calif.) A sign formed from neon lamps contain- ing neon gas. (Troy, Ohio) Any sign that uses neon, argon, or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon, or any similar gas lighting on or near the exterior of a build- ing or window. (Fountain Hills, Ariz.) A piece of electrical equipment or an elec- trical apparatus inside of which are wir- ing and transformers that transform the electricity from low voltage into as high as 12,000 volts or greater, and the neces- sary high tension wires to the neon tub- ing that illuminates the sign. (Suffolk, ha.) ■ sign, noncommercial A sign that does not contain information or advertis- ing for any business, commodity service, entertainment, product, or other attrac- tion. (Glendale, Ariz.) A sign which has no commercial content. (Loveland, Colo.) A sign that does not direct attention to a business or to a service or commodity for sale, and is of a political, religious, or ideo- logical nature. (Mashpee, Mass.) ■ sign, nonconforming A sign law- fully erected and maintained prior to the adopting of this ordinance that does not conform with the requirements of this ordinance. (Glendale, Ariz.) A lawfully erected sign that, on the effec- tive date of this article, fails to comply with requirements of this ordinance. (Duluth, Ga.) An advertising structure or sign that was lawfully erected and maintained prior to the adoption of this ordinance, and which has subsequently come under the require- ments of this ordinance, but does not now completely comply therewith. (Inyo County, Calif.) A sign lawfully existing at the time of adoption, revision, or amendment of the zoning ordinance which no longer con- forms to the zoning standards because of said revision or amendment. (Clarkdale, Ariz.) Any sign that does not conform to the re- quirements of the ordinance. (Concord, N.C.) w sign, obsolete A sign that no longer advertises or identifies a bona fide busi- ness conducted on the property or prod- uct sold. (Troy, Ohio) s sign, obstructing A sign or sign structure so that any portion of its sur- face or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or the exterior of any window. Also, any sign projecting more than 12 inches from an exterior wall, except pro- jecting signs. (Beaverton, Ore.) a sign, off -premise A sign that directs attention to a business, commodity, ser- vice, or entertainment not exclusively re- lated to the premises where such sign is located or to which it is affixed. (Doyles- town, Ohio) A sign advertising a use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign. (Inyo County, Calif.) Any sign advertising goods, products, or services, not located or sold on the pre- mises on which the sign is located. (Gillette, Wyo.) A sign which directs attention to a busi- ness, product, service, or entertainment conducted, sold, or offered at a location other than on the premises on which the sign is located, but shall not include bus stop signs. (Loveland, Colo.) w sign, on -premise Any sign identify- ing or advertising a business, person, ac- tivity, goods, products, or services, lo - M cated on the premises where the sign is installed and maintained. (Gillette, Wyo.) A sign relating in its subject matter to the premises on which it is located, or to prod- ucts, accommodations, services, or activi- ties on the premises. On-site signs shall not be construed to include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising busi- ness. (Miami, Fla.) ■ sign, open house A temporary sign used to advertise the sale of a house and direct traffic to the house for sale. (Glen- dale, Ariz.) w sign owner The permittee with re- spect to any sign for which a sign permit has been issued; or, with respect to a sign for which no sign permit is required, or for which no sign permit has been ob- tained, "sign owner" means the person entitled to possession of such sign, the owner, occupant, and agent of the prop- erty where the sign is located, and any person deriving a benefit from the sign. (Sedona, Ariz.) v sign, painted wall A sign applied to a building wall with paint and which has no sign structure. (Portland, Ore.) ■ sign, parapet A sign attached to that portion of a building's exterior wall that projects above the plate line of a building (Glendale, Ariz.) a sign, parasitic A sign affixed to a sign structure which is in addition to signs specifically designed for said sign struc- ture. (Sioux Falls, S.Dak.) ■ sign, pedestrian A sign near street or sidewalk level, oriented and scaled to the pedestrian rather than the motorist. (Truckee, Calif.) A small sign readable primarily from the abutting sidewalk or other walkway, but generally not from the street. (San Juan Capistrano, Calif.) ■ sign, pennant A sign, with or without a logo, made of flexible mate- rials suspended from one or two cor- ners, used in combination with other such signs to create the impression of a line. (Milwaukee, Wisc.) 369 sign, pernionent Any geometric shaped cloth, fabric, or other lightweight material normally fas- tened to a stringer and limited to a maxi- mum sign area of one and one-half square feet which is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere. (Sioux Falls, S.Dak.) ■ sign, permanent A sign attached to a building, structure, or the ground in some manner that requires a permit from the buildings department and which is made of materials intended for long-term use. (Portland, Ore.) A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. (Ingo County, Calif.) ■ sign, pitched roof A sign attached to a roof with a pitch of one -to -four or greater and placed parallel to the build- ing wall. (Portland, Ore.) for public office. (Duluth, Ga.) A temporary sign announcing or support- ing candidates or issues in connection with any national, state, or local election. (Clarkdale, Ariz.) a sign, portable A sign whose princi- pal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for re- use. Portable signs shall include but are not limited to signs mounted upon a trailer, bench, wheeled carrier, or other nonmotorized mobile structure with or without wheels. (Duluth, Ga.) A sign that is not permanently affixed to a structure or the ground (e.g., A -frame or sandwich -board signs) and does not exceed 12 square feet in sign area per sign face. (Ingo County, Calif.) - A sign designated or intended to be moved easily that is not permanently ■ sign, pole A sign that is mounted on embedded in the ground or affixed to a a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade. (Iowa State University Extension Service) pole sign A freestanding sign that is affixed, at- tached, or erected on a pole that is not it- self an integral part of or attached to a building or structure. (Jacksonville, N.C.) r sign, political A sign identifying and urging voter support for a particular election issue, political party, or candidate 370 building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure. Including but not limited to the follow- ing signs: trailer signs (with or without wheels), menu and sandwich boards, hot air or gas-filled balloons or umbrel- las used for advertising, signs mounted for advertising purposes on a vehicle that is parked and visible from the pub- lic right-of-way (except signs identify- ing the related business when the ve- hicle is being used in the normal day-to-day operation of that business), sidewalk or curb signs, and A -frame signs. (Jacksonville, N.C.) A sign that is designed to be easily trans- portable, including but not limited to signs designed to be displayed while mounted or affixed to the trailer by which it is transported, or with wheels remain- ing otherwise attached during display; signs mounted on transportable frames with wheels removed; signs attached or affixed to a chassis or other moveable sup- port constructed without wheels; signs designed as, or converted to, A -frame or T -frame signs; signs attached temporarily to the ground, a structure, or other signs; signs mounted on a vehicle and visible sign, public information from the public right-of-way, including business vehicle identification signs; sandwich boards; and hot-air or gas-filled balloons which are not designed or ap- proved for navigable flight. (Loveland, Colo.) ■ sign, projecting A sign attached to a building or other structure and extend- ing in whole or in part more than 14 inches beyond the building. (Glendale, Ariz.) projecting sign A sign attached to a wall and projecting away from that wall more than 12 inches, but not more than five feet. (Doylestown, Ohio) A sign attached to and projecting out from a building face or wall, generally at right angles to the building. Projecting signs include signs that are totally in the right- of-way, partially in the right-of-way, or fully on private property. (Portland, Ore.) A sign attached to a building or structure and which extends more than 18 inches from said building or structure. (Clarkdale, Ariz.) A sign that is wholly or partly dependent upon a building for support and which projects horizontally more than 15 inches from such building. (Loveland, Colo.) ■ sign, public information A sign, usually erected and maintained by a pub- lic agency, that provides the public with information and in no way relates to a commercial activity. Includes, but not lim- ited to, speed limit signs, stop signs, city limit signs, street name signs, and direc- tional signs. (Doylestown, Ohio) Any sign erected and maintained by pub- lic officials or public agencies, or ap- proved and authorized for use by state or local governmental authorities. (Duluth, Ga.) P sign, pylon A freestanding sign other than a pole sign, permanently af- fixed to the ground by supports, but not having the appearance of a solid base. (Redondo Beach, Calif.) n sign, railroad (See railroad crossing signal) a sign, real estate A temporary sign that relates to the sale, lease, or rental of property or buildings, or to construction activities on a site. (Portland, Ore.) A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs. (Ingo County, Calif.) Signs used solely for the purpose of of- fering the property on which they are dis- real estate sign played, for sale, rent, lease, or inspection or indicating that the property has been sold, rented, or leased. Such signs shall be nonilluminated and limited in content to the name of the owner or agent, an address or telephone number for contact, and an indication of the area and general classification of the property. Real estate signs are distinguished in these regula- tions from other forms of advertising signs and are permitted in certain districts and locations from which other forms of I event r sign, rotating A sign which in its entirety or in part moves in a revolving or similar manner. Such motion does not advertising signs are excluded. (Miami, include methods of changing copy. (Con - Fla.) A sign pertaining to the sale or lease of the premises on which the sign is located. (Clarkdale, Ariz.) A sign indicating only the availability for sale, rent, or lease of a specific parcel, building, or portion of a building and name, address, and telephone number of owner or listing of real estate broker. (Loveland, Colo.) w sign, real estate, off-site A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property. (Federal Way, Wash.) sign, real estate, on-site A sign an- nouncing the sale or rental of the prop- erty upon which the sign is located. (Fed- eral Way, Wash.) ■ sign, roof A sign erected on a roof or signs that project above the highest point of the roof line, parapet, or fascia of the building. (Glendale, Ariz.) A sign displayed above the eaves of a building. (Doylestown, Ohio) A sign erected upon and above a roof structure and wholly supported by the roof structure placed upon a roof. (Duluth, Ga.) A sign on a roof that has a pitch of less than one -to -four. (Portland, Ore.) A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. (Inyo County, Calif.) A sign which is mounted on the roof of a building or which extends above the top edge of the wall of a flat -roofed building, above the eave line of a building with a hip, gambrel, or gable roof or the deck line of a building with a mansard roof. (CIarkdale, Ariz.) cord Township, Pa.) A sign or sign part that rotates or revolves. (Tulsa, Okla.) An animated sign that revolves or turns or has external sign elements that revolve or turn at a speed greater than six revolu- tions per minute. Such sign may be power -driven or propelled by the force of wind or air. (Miami, Fla.) P sign, sandwich board A movable sign not secured or attached to the ground or sur- face upon which it is located. (Duluth, Ga.) An advertising or business ground sign constructed in such a manner as to form an "A" or a tent -like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a support- ing member. (Gillette, Wyo.) a sign, searchlight (See also search- light) Searchlights shall be considered signs that are used to announce, direct attention to, or advertise businesses. (Champaign, Ill.) w sign setback The minimum distance required between any property line and any portion of a sign or sign structure. (Blacksburg, Va.) a sign setback line The spacing be- tween a sign and a lot line or two signs. (Nashville and Davidson County, Tenn.) ■ sign, shingle A sign suspended from and located entirely under a covered porch, covered walkway, or an awning. (Glendale, Ariz.) A projection or wall sign not over six square feet in area, constructed of metal or other noncombustible material at- tached securely to a building and not pro- jecting more than 24 inches over public property. (Jacksonville, N.C.) w sign, snipe An off -premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects. (Clearwater, Fla.) w sign, special event A sign advertis- ing display that is temporary in nature, 371 sign stacking is not permanently attached to the ground or sign surface, and is used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going -out -of -business sales, fire sales, and promotions. (Duluth, Ga.) A sign advertising or announcing a spe- cial communitywide event or activity con- ducted by, or sponsored by, or on behalf of a unit of local government, the Univer- sity of Illinois, a charitable organization, or a not-for-profit corporation. A special communitywide event or activity is one that occurs not more than twice in any 12 - month period and seeks to attract dona- tions, participants, or customers through- out the city. (Champaign, Ill.) ■ sign stacking The placing of one sign above another at the same location. (El Paso, Tex.) E sign, statuary Any sign which is a modeled or sculptured likeness of a liv- ing creature or inanimate object intended to be used as an advertising device. (Sedona, Ariz.) An imitation, representation, or simili- tude of a person or thing which is sculp- tured, molded, modeled or cast in any solid or plastic substance, material, or fab- ric which for advertising or identifying purposes is erected on or attached to the ground. (San Juan Capistrano, Calif.) ■ sign store (See also retail sales estab- lishment, specialty) An establishment where the primary use is the retail sale of signs, banners, or similar items. Limited on-site fabrication or creation of signage may be permitted. (Fort Wayne, Ind.) ■ sign structure The supports, up- rights, bracing, or framework of any structure exhibiting a sign, be it single - faced, double-faced, or V -type or other- wise. (Blacksburg, Va.) A structure for the display or support of signs. In addition, for purposes of these regulations, and notwithstanding the definition of structure generally appli- cable in these zoning regulations, any trailer or other vehicle and any other de- vice that is readily movable and designed or used primarily for the display of signs (rather than with signs as an accessory OPA function) shall be construed to be a sign structure, and any signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations ap- plying in the district in which displayed. (Miami, Fla.) • sign, subdivision identification A sign which, by means of symbol or name, identifies a subdivision. (Troy, Ohio) A permanent on -premises sign identify- ing a vehicular entrance to a residential subdivision, residential complex, or insti- tutional use. (Columbus, Ohio) sign, vehicle played for a seasonal or brief activity such as, but not limited to, sales, specials, pro- motions, holidays, auctions, business grand openings, and signs advertising the lease or vacancy or rental units in multi- unit residential developments. Symbols, figures, balloons, and other similar items shall be considered temporary signs. (BIacksburg, Va.) Any sign constructed of cloth, canvas, fabric, plywood, or other light materials and intended for display for a short pe- riod of time. (Clarkdale, Ariz.) A type of wall sign identifying an en- trance or an exit to a building, or used to direct functions within the building, such as day care, gymnasium, etc. (EI Paso, Tex.) ■ sign, suspended A sign that is sus- pended, parallel, or perpendicular from a building wall, roof, facade, canopy, marquee, or porch by means of brackets, hooks, or chains and the like. (BIacksburg, Va.) A sign that is suspended from the under- side of a horizontal plane surface and is supported by such surface. (Sedona, Ariz.) ■ sign, temporary A sign not intended or designed for permanent display. (Glen- dale, Ariz.) Any sign, banner, pennant, or advertis- ing display intended to be displayed for a limited time period. Easily removed signs attached to windows are considered temporary signs. (Redmond, Wash.) An attached on -premises sign made of nonrigid material, designed and dis- subdivision identification sign ■ sign, tethered (See also tethered bal- loon) A sign which is anchored by a rope, wire, chain or similar method. (Mil- waukee, Wisc.) sign, third -party Any sign identify- ing an enterprise and including a spon- soring advertisement, such as Coca Cola or 7-Up. (Redmond, Wash.) .. sign, V type For purposes of com- puting surface area, is two separate signs if the angle between the two outer sur- faces exceeds 240 degrees; otherwise the wings shall be considered one sign. (Grand Forks, N.Dak.) Two separate sign faces at one location that are at an angle of 45 degrees or less to each other; one or two structures may be used. (EI Paso, Tex.) e sign, vehicle A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the prin- cipal purpose of which is to attract atten- tion to a product sold or business located on the property. (Inyo County, Calif.) 10011 A portable sign affixed to or inside a ve- hicle for the purpose of directing people to a business in close proximity to where the vehicle is parked. (Malibu, Calif.) A sign which is permanently mounted or otherwise permanently affixed to a vehicle, trailer, or semitrailer and which identifies the business, products, or services with which the vehicle, trailer, or semitrailer is related. For purposes of this definition, magnetic and adhesive signs shall be con- sidered as being permanently affixed. Bumper stickers and similarly sized adhe- sive decals shall not be considered business vehicle identification signs. (Loveland, CoIo.) Any sign attached to or painted on a ve- hicle parked and visible from the public right-of-way, unless said vehicle is used for transporting people or materials in the normal day-to-day operations of the busi- ness. (Troy, Ohio) A sign attached to, mounted, pasted, painted, or drawn on any vehicle, whether motorized or drawn, that is placed, parked, or maintained at one par- ticular location for the express purpose and intent of promotion or conveying an advertising message. (Duluth, Ga.) ■ sign, wall A sign mounted flat against and projecting less than 14 inches from, or painted on the wall of, a build- ing or structure with the exposed face of the sign in a plane parallel to the face of the wall. This does not include window signs. (Glendale, Ariz.) A sign attached to a wall and not project- ing away from the wall more than 12 inches. (Doylestown, Ohio) A sign attached to or painted on the exte- rior wall of a building. The total lettering on one facade of a building or structure shall constitute one wall sign. (Duluth, Ga.) Any sign attached to or painted on a wall of a building or structure so that the wall forms the supporting structure or be- comes the background of the sign and which does not project more than 18 inches from the wall. (Clarkdale, Ariz.) A sign fastened to or painted on a wall of a building or structure in such a manner that the wall is the supporting structure for or forms the background surface of the sign and which does not project more than 15 inches from such building or structure. (Loveland, Colo.) ■ sign, warning A sign limited to a message of warning, danger, or caution. (Siskiyou County, Calif.) A sign located on a property posting such property for warning or prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity. . . . (Clearwater, Fla.) Any sign indicating the danger of a situ- ation that is potentially dangerous. (Troy, Ohio) ■ sign, wind Any display or series of displays, banners, flags, balloons, or other wall sign siltation objects designed and fashioned in such a manner as to move when subjected to wind pressure. (Reno, Nev.) a sign, window A sign affixed to the interior or exterior of a window or placed immediately behind a window pane so as to attract the attention of persons outside the building. (Glendale, Ariz.) A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window ex- posed to public view and located within three feet of the window is considered a window sign for the purpose of calculat- ing the total area of all window signs. (Inyo County, Calif.) Any type of sign or outdoor advertising device that is attached to a window of any building, but does not extend past the lim- its of said window.... The word "win- dow" shall be construed to mean any glass that comprises part of the surface of the wall, regardless of its movability. (Grant County, Ky.) A sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it is visible from the exterior of the build- ing through a window, but excludes mer- chandise in a window display. (Loveland, Colo.) ■ sign with relief A carved sign with a three-dimensional textured surface that is integral to its design, such as exten- sively carved, routed, or sandblasted signs. A sign with a simple raised or routed border shall not constitute a sign with relief. (Sedona, Ariz.) ■ signage plan A graphic representa- tion showing a comprehensive detailed presentation of all signage proposed for a particular lot. (Dewey Beach, DeI.) ■ siltation (See also sedimentation) Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land disturbing activity; and which has been deposited, or is in suspension in water. (Concord, N.C.) 373 r City Of Wheat idle COMMUNITY DEVELOPMENT- -" Memorandum TO: Planning Division FROM: Zack DATE: ,-- August 8, 2017 SUBJECT: Sign o e iscussion part 3 Working draft Draft sign code attached with new charts/text inserted, and old charts deleted. Edits made per our previous discussion, as well as notes from a meeting between Lisa and Jerry. The attached document should show the redlines when you open it. If you would like to view the `clean' version showing only the updated code you can toggle to this option in the Review tab, change "All Markup" to "No Markup." There are many discussion points within the memo, called out as comments. Lauren has provided initial feedback/discussion points as well that can be seen in the memo. Illumination Research attaLed consists of other City's regulations. We will need Council and Code Enforcement � ) t3' g input on how to proceed with this regulation. Namely, what level of regulations do we want to codify, and is there support for code enforcement resources/training/measuring devices. Three-dimensional signage 2 After further research, it appears other cities allow 3D signs and = — l 7-1 detail how to correctly calculate the signs area. That being said, they I I do not specify if the signs are allowed as freestanding, wall, etc.` I signage. As such, I am unsure of what size these signs are allowed. I've reached out to Thornton and Lakewood for clarification, as they I I had the most up to date codes that contemplate 3D signs. Pending the feedback from Thomton and Lakewood, I would propose allowing this signage as a projecting/wall sign or freestanding. Perhaps 1.25 cubic feet per linear frontage of a unit. Measured by the smallest square that can be drawn around an object. See figure to the right. Additional Discussion / Follow Up • Animated signage r y, r. elf - o Discussion with Jerry regarding ability to prohibit. l (t' o Discussion with Council about if they want to prohibit, restrict, etc. • Off premises business district signage o Need to establish a policy • Signs in parks; special events o Need to circle back to this issue. Lakewood Reading 10 feet from property line on adjacent property shall be 1 foot candle or less Illumination must cease be en 9pm and 6am, except for medial and public service (police and fire) signs Arvada External illumination of signs ahll not exceed the following illuminance: Cl zones: 600 lux; OT zones: 500 lux; RM and RS: 400 lux Internally lit signs shall not exceed 600 nits of luminance Edgewater Lighted only to the minimum level for nighttime readability Does not cause glare onto street or adjacent properties Northglenr Shall not create hazardous glare for pedesrians or vehicles Each internally illuminated sign shall be designed so illumination does not exceed 500 NITS Thornton Wall signs: direct illumination is allowed if it does not increase the light level at the boundary of any adjacent residentially - zoned property, ignoring any intervening streets, by more than one foot-candle Electronic signs: shall have dimmer software or solar sensors to control brightness for nighttime vieing; intensity of the light source shall not produce glare impacting traffice or otherwise detrimental to the public health, safety, and welfare; lighting from message module shall not exceed 300 NITS (candelas per square meter) between dusk and dawn as measured from the signs face. Applications ahll include manufactures specs and NIT rating. City officials have the right to enter the property and view the programmed specifications of the sign to determine compliance with the provision Temporary: concealed illumination for swing signs only; level shall not exceed 5 foot candles when measured 5 feet from the PA btc-r,8- L)Sul- U E 0 c IN WINDOW SIGN WALL SIGN Ift DOOR W SIGN, -6 rp ?WX51�' FIs 0 I ei 6 f- `moo CA Gam- CA& " r o LC ` S 77 Lin. `�- +-6 sl CXAAV- Ll -2, ?,� a--4p— e:,U 17� CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2017 TITLE: AN ORDINANCE AMENDING ARTICLE 7 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF SIGNS. WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the Supreme Court decided upon the case of Reed v Gilbert; and WHEREAS, the Reed v Gilbert decision has implications on how municipalities enforce their sign regulations; and WHEREAS, the City Council finds that this ordinance is necessary to address this Supreme Court decision; and WHEREAS, the City Council has identified other areas of the Sign Code which should be addressed at this time; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article VII of Chapter 26 of the Code is hereby repealed in its entirety and reenacted to read as follows: ARTICLE VII. - SIGN CODE Sec. 26-701. - Intent and purpose. The intent and purpose of this article is: Page 1 A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings, compatible with the visual character of the surrounding area, appropriate to the cc'.;::'.:cc'.ac '.'.`.'.cc for the locations permitted; 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-702. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 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. Attention -getting signage consisting of material intended to be filled with air or helium or have air blown through in order to create a visual enticement (??); 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 red white and blue striped interior which may or may not rotate which is traditionally utilized to signify the presence of an establishment within which the 2mgtice 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. Page 2 Building front The exterior wall(s) of a building facing a public street or streets or other public right-of- way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof -like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. GeFRFRuni4, e�,entlspensershjp ba_r;R_Pr_ A -hanner advertis ng community events, sports leagues, OF related antivifles; RRd leGated eR pmpeFty ewF;ed by the City of Wheat Ridge; era banneFady Scheel Bistfiet. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi- use and multi -tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development' for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign - supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. This may include 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. informational sigm A freestanding e. -1 whieh 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. Page 3 Off -premises sign. Any sign which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. 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 sin made of flexible materials sus ended from one or two corners used in combination with other si ns to create the impression of a line. Pole sign. A sign which is affixed to, or mounted on, a freestanding pole and anchored in the ground. as to advert se, announce, deGlare GF state a pelitioal Friessage, whetheF relatiRg te a pel tisal G8FnPai9R 9 election or any ether: issue of publie eaneem which is preteGted by the Fiffit Amendment right of free speeGh. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Seca daU._llinformational) sign A freestanding orwall-type sign not located within public street right - both height and sign area. teeatigns. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon orfacing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A -frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Page 4 �dA--t- Temporary , t - Temporary sign. Any sign, banner, pennants other outdoor a ve3 rtising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. . Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, waming 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 orcreating a hazard or menace to the public safety, health and welfare. Vehicle siQnaQe. SlQnage permanently or semi -permanently affixed to a currently licenses_ operative vehicle which is primarily used by its owner for service, delivery or general transportation on a regular basis. 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. Siunage affixed or painted to a door or window. Yard sign. Temporary: 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 1, 6- 28-10) Sec. 26-703. - Enforcement and penalties. Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. (Ord No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-704. - Contractor's license required. A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Page 5 Sec. 26-705. - Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed outdoors within the city limits until a permit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1547, § 15, 4- 28-14) Sec. 26-706. - Non -conforming signs. 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 nnnronfnrming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seaseflat mese Fegulatie^TSigns erected on a seasonal or temoorary basis shall be subject to a twelve 021 month period of nonuse prior to requirin_q full compliance with these regulations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within six (6) months or otherwise it must be reconstructed in conformance with this article. 4. Normal maintenance which does not require modification of the sign structure, supports or members shall be permitted. A face change is considered normal maintenance. Page 6 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-707. - General provisions/performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26- 603B. 2. At signalized intersections, where both streets are collectors and/or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs. 1. All signs allowed by this article, except billboards, public signs, ses s and signs permitted under the criteria in section 26-708.F shall be located on the lot which they advertise. C. Streets and rights-of-way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right-of-way, with the exception of: a. Signs on bus benches and shelters pursuant to Article IV of Chapter 21; b. Public, traffic, regulatory, and projecting 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. 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. 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. Page 7 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26-631, any merchandise 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. 5.1 In the MU -N district, illuniated signs are encouraged to be turned off when businesses are not in o eration. ____________- -- Lcommented [ZW11: From MU code 6. ADD LIGHTING STANDARDS AND MEASUREMENTS. H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 2, 6- 28-10) Page 8 Sec. 26-708. - Miscellaneous provisions. A. Building addresses. 1. 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. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21- 124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21-151. Such signs shall be limited to two (2) faces per shelter far cnmrneminl adve..'..Ing purPeses with a maximum of twenty-four (24) square feet per face. C. . Nome Occuvations 1. Home occupations must comply with Sectio 26-613 the Municipal Code. 2. Residential units with an approved home occupation business license through the City. are allowed one freestandi or wall -mounted non -illuminated since, 1100{ n Lo IeAr AF@a Single Use DeyelepFAeRt B�-IRQ 9— 89 35 64. S _ l 35 o f plus 1 s f peF nh additie al 50 Page 9 €C. Master sign plan. 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. 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 whileatthe same '"^R^ allGWiRg for agA; able knilividual business adentifiee'.?e^. 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. 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. F.D. 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: Page 10 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.B; 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^' sive/ y adveFt'se of identify the business or operati^^ replace a permitted sign 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. GE. Signs in mixed use zone districts. Signs in any mixed use zone district must also comply with requirements in section 26-1113. F4. Signs for marijuana -related businesses. No permanent or temporary sign associated with a marijuana - related business licensed pursuant to Articles XII and/or XIII of Chapter 11 maybe installed or located until reviewed and approved by the city. See sections 11-296, 11-306, 11-406 and 11-417. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 3, 6- 28-10; Ord. No. 1471, § 10, 9-13-10; Ord. No. 1547, § 16, 4-28-14; Ord. No. 1563, § 11, 1-26-15) Ser.. 26 7-09. Res*deRtial, a@iFiGUlt6IFe and publiG faGilitie!3 ;KeRe diStFiGts sign standards ohaFt. CHART 1 CHART DELETED AND REMOVED FROM REDLINES TO CONSERVE SPACE 28-10; Ord. Ne. 1491,§8, 5 23 11; 9rd. No. 154 §17, n 4) See. 26-710. Gemmersial, Industrial and mixed --i-se ze,Temdistrk-As sign standaFds GhaFt. CHART DELETED AND REMOVED FROM REDLINES TO CONSERVE SPACE Page 11 �Q-Sian t� t < `4^4 & V Sec. 26-709. — Permitted Sign Types. A. A summary of sign types addressed in this article are listed in the following tables. The tables identif if signs are permitted(P1. not permitted [NPS, or germitted in limited L circurnstancesr based on the land use of the property upon which a sign is located. B. For purposes of this section only, the following defintions shall apply: 1. Low Density Residential. Land use cafe ory for determining allowable signage. both permanent and temporary, for single-familV and duplex units. 2 Multifamily Residential. Land use cate4ory for determining allowable Dermanent sionage for residential uses with 3 or more attached dwellinciunits. 3. Multifamily 3-9 units). Land use category,for determining allowable temporary signage for lower intensity multifamilV residential uses with 3 or more. but not exceeding 9 attached dwelling units. 4 Multifamilx[10+ units). Land use category for determining allowable temporary signa-ge for higher intensity multifamily residential uses with 10 or more attached dwelling units. 5. Nonresidential. Land use category for determining allowable si nage, both permanent and tem orar . for all commercial. industrial and other uses not designed for occupancy as complete, independent living quarters for one 1 or more persons. C Permonent Signs. For signs that are permitted i'P or Ll. additional standards are found in Section 26- 710. D Temporary Signs. For signs that are permitted IP or L), additional standards are found in Section 26- 711. Table 2. Temporary Signs by and Use Table 1. Permanent Signs by Land Use Low Density Residential Use Type of Sign Low Density Residential Use Multifamily Residential Use Nonresidential Use Address numbers P P P Animated NP NP NP Arcade NP NP P Barber shoo oles NP NP P CanoDv NP NP P Changeable co NP NP P Freestanding L P P Projecting NP NP P Secondary finformationalNP P P Traffic control or regulatore regulator P P P Vehicle P P P Wall or gainted L P P Window or door P P P D Temporary Signs. For signs that are permitted IP or L), additional standards are found in Section 26- 711. Table 2. Temporary Signs by and Use Type of Sign Low Density Residential Use Multifamily Use Multifamily Use l0+units Nonresidential Use L2 units Page 12 Balloon or inflatable NP P P P Banner L P P P Pennant, streamer, and similar devices ttJP P P P Yard — Small P P P P _ Ya rd — La ree L P P P Portable NP P I P P Sec. 26-710. — Permanent Sign Standards. A. General. 1. Where a property is eligible for a permanent sicn based on Section 26-709, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. FturY1 supplements the definitions of each sign tvae provided in this section and in [.�h.mmented [Z1N2]: <,tNPN' er at the moment tthis distinction waseed to clearly spell out the distinction ang SqpN 25.702. or put in definitions section.. _ Commented QW31: REPLACE WITH NEW GRAPHICS B. Address Numbers, 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: Ant+ sign brolecting beneath and attached to the underside of anv balconv. cano 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 #. Figure X. Placeholder if needed for certain illustrations. 5. Location: May not extend above the bottom of eave. balconv, 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. 1. Definition: A sign with a red. white and blue striped interior which mayor may not rotate. which is traditionally utilized to signifv the presence an establishment within which the practice of barbering is engat€ed or carried out. 2. Maximum number: 1 tier street frontage Page 13 3. Height: Cannot exceed 5 feet in hei ht 4. Location: Must be wall mounted. May extend into the right-of-way with an approved right- of-way permit. E. Canopy Signs. 1. Definition: A Sian mounted to a roof -like structure serving the purpose of protecting vehicles and or pedestrians and which may be freestandin 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 maior interior drive 3. Maximum size: May use uR to 50% of the allowed wall sign allowance for canopies F. Changeable Copy 1. Definition: A sign, either illuminated or nonilluminated, which is designed so that the message or anv part of the message may be periodically changed either mechanically or electronically, however, where a chane in messa a occurs no sooner than every fifteen (151 seconds. 2. Maximum number: 1 per street frontage, but no more than 2 ]2er develop,ment 3. Maximum size: a. For residential a maximum of 32 square feet per sin with a maximum height of 7 feet b. For nonresidential must follow the freestandinp, and wall signage size regulations CROSS REFERNCE SECTION NUBMER 4. Height: a. For residential uses a maximum of 7 feet b. For nonresidential must follow the freestanding and wall signajte height regulations [CROSS REFERENCE] 5. Location: A minimum 5 foot setback from any property line; changeable copy wall signs are not subject to this setback reuuirement 6. Other: Changeable copy signs, flashing signs. and LED electronic signs shall not be permitted in the MU -N district or the MU -C TOD sub -district. ` I Commented M41: From MU Code. G. 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 nonsupportinp, walls. This ma include pole -mounted or monument signs. associated. 5. For multifamily uses: a. Maximum number: l Rer street frontage b. Maximum size: 32 square feet c. Minimum setback: 5 feet from any propertyline d. Maximum height: 7 feet 6. For nonresidential uses in residential zone districts: a. Maximum number: 1 per street frontage b. Maximum size: 32 scuare feet Page 14 Commented LZWS]: Pulled to MU code. c. Minimum setback: 5 feet from any property line d. Maximum height: 7 feet 7. For nonresidential uses in nonresidential zone districts: Floor Area of Building* a. Maximum size: Based upon Table 3 below. Multiple Use Development b. Minimum setback: Based upon height and adjacent zoning 35 s.f. i. 10 feet if adjacent to residentially zoned properties ii. 5 feet from ROW if under 7 feet tall 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor iii. 10 feet from ROW if 7-15 in height �n iv. 30 feet for signs over 15 feet in height C. Maximum height: Based upon zoning and location: area over 1.501. i. 7 feet in all mixed use zone districts 100 s.f. plus 1 s.f. per each additional 500 s.f. of ii. 50 feet for retail and service businesses within Y. milt of an interstate highway measured from the aropertv line over 5,001. iii. 15 feet for all other freestanding sipns 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of d. Location: Signs shall be in landscat)ed area for all new development or total floor area over 50.001 up to a maximum size of redevelopment 300 s.f. e. Other regulations for nonresidential uses: *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru L Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted siren shall be allowed to have the maximum square footage allowed based on the formulas shown in section ##. 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. ii. Where multiple signs are permitt2d because of multiple street frontage, the si(ins may, be erected on the same street frontage. iii. For double-faced signs, each sgn face can have the maximum square footage allowed. iv. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. v. Maximum sign area: based on the following table: Tabte 3. Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone districts Floor Area of Building* Single Use Development Multiple Use Development 0-1,500 s.f. 35 s.f. 60 s.f. 1,501-5.000 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1.501. area over 1.501. 5-001-5-0 000 s.f. 100 s.f. plus 1 s.f. per each additional 500 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area floor area over 5,001. over 5,001. Over 50 001 s.f. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of 300 s.f. plus 1 s.f. per each additional 1 o0D s.f. of floor area over 50.001 up to a maximum size of floor area over 50.001 ua to a maximum size of 300 s.f. 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding si@n allowance. f. Other regulations for all residential uses: Page 15 J i. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footaize allowed as defined in section ## ii. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. iii. For double-faced signs, each sign face can have the maximum square footage allowed. iv. Landscaping requirement: For new development or total redevelopment, a_II freestanding signs shall be paced within landscaped areas. g_ Home Occupations i. Must be in compliance with Section 26-613 of the Municipal Code ii. Must have an aporoved business license throujzh the City. iii. Permitted to have one non -illuminated sign u to 2 square feet in size. n ma . unted. H. Projecting_ 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen [151 inches. 2. Maximum number: 1 per street frontage or business 3. Maximum size: 1 square foot 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 hei ht clearance 7 feet above street frontage or sidewalk. 5. Location: MaV, extend into the right-of-way with an approved right-of-way ermit. Projection shall be no less than 12 inches but no more than 48 inches away from the structure to which the sign is attached. I. Secondary lln{ormationoll. 1 Definition: A freestanding or wall-tvoe sign, not located within the public street right-of-way, typically utilized for providing necessary direction or information to motor vehicle operators or pedestrians, such as entrance, exit. parking limitations or location of onsite buildings or facilities. Secondary 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. If an organization logo is incorporated into the sign the logo shall not exceed 1 square foot in size. 5. Location: J. TroFFic 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. Maximum number: No limit 3. Maximum size: No limit 4. Height: No limit Page 16 S. Location: MaV be placed by the federal state or local authority within the public right-of-way. K. Vehicle. 1. Definition: Signage permanently or semi -permanents affixed to a currently licensed, operative vehicle which is primarily used by its owner for service delivery or general transportation on a regular basis. 2. Maximum number: None 3. Maximum size: None 4. _Height: None S. Location: Currently license. operative vehicles only. 6. _Other: Banners or temporary signs attached to vehicles are not allowed 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 vainted 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: 1 per street frontage or major interior drive per activity. For uses which have a rear entry or delivery door. 1 nonilluminated wall sign per use. 3. Maximum size: No larger than 1 square foot for every linear foot of the side of the building to which it is affixed. Si ns affixed to marquees or awnings shall be considered wall signs and shall be calculated based upon the length of the wall to which they are attached or adjacent to. 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. 4. Height: NIa 5. Location: See maximum number. 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. Th fr nted. M. Window or door. 1. Definition: Signage affixed or painted on to a door or window 2. Maximum number: No limit 3. Maximum size: Sign shall not obstruct more than 25 percent of the door or window area 4. Height: NIA 5. Location: 6. Other: Signage covering, windows and doors shall not be in violation of the transparency, re uirements shall be met. See Section 26-### and the Architectural and Site Design Manual. Sec. 26-711. —Temporary Sian Standards. A. General. 1. Where a property is eligible for a temporary sign based on Section 26-7##, the standards of this section shall apply. Page 17 2. Where a property is eligible for a temporary sign based on Section 26-7##, only one temporary sign may be placed on eligible property at any given time 3. Figure # supplements the definitions of each sign tyqe provided in this section and in Section 26-702. or put in definitions section. B. Balloon or inflatable. 1. Definition: Attention- ettin signage consisting of material intended to be filled with air or helium, or have air blown through in order to create a visual enticement; this is inclusive of air dancers inflatables caricaturesr all types of balloons and similar devices. 2. Maximuminumber: ------------------------------ 3. Maximumsize------------------------------------------------------------------------------------ 4. Height: Cannot exceed the maximum permitted building height for the zone district in which they are located measured from existinpurade. 5. Location: May not be located within the public right-of-way. 6 Other: Shall be securely anchored or attached so as to arevent dislocation entanglement or encroachment onto adiacent 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 lid material that is mounted with no enclosing framework intended to be displayed for a short period of time. 2. Maximum number: 1 per business or activit 3 Maximum size: Total size for any single or combined banners affixed to a wall based on one half (112) the allowance for wall signs. 4. Height: 5 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 onik on walls facing a public street or maior interior drive. 6. Other: Shall be securely anchored or attached so as to prevent dislocation entanglement or encroachment onto adiacent properties or public streets, or undue hazard to motorists or pedestrians. L. Pennant streamer, and other similar device. 1. Definition: A sign made of flexible materials suspended from one or two corners, used in combination with other sign signs to create the impression of a line.) 2. Maximum number: 3. Maximum size: 4. Height: 5. Location: 6. Other: Shall be securely anchored or attached so as to prevent dislocation entanglement or encroachment onto adiacent properties or public streets, or undue hazard to motorists or pedestrians. IF. Yard —small._ Page 18 Commented [ZW6]: Must be a better word..... Commented [ZW7]: Multiple small balloons okay, but multiple large inflatable characters? Limit by size? Commented [ZW8]: Think we need to determine what this might be Commented [ZW9]: Current regulations are very open. No max size, or height. Max number is the complicated lx for 60 days, 2x for 30 days, 4x for 15 days. May be reasonable for this type of sign? Commented [ZW70]: From APA planner directory Commented [ZW71]: Standards pulled from current "Political Campaign Signs" 1. Definition: hemporary 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 - 'Commented [ZW72]: From Brush sign code 2. Maximum number: 1 per unit or business _up to three i3} signs allowed per unit or business from October 1 through November 30 3. Maximum size: Shall not exceed 8 square feet in size per sign 4. Height: 5. Location: May not be alaced within city right-of-way or municipally owned property. No yard — small signage for any property shall be illuminated. u. Yard — larae.1 ------ Commented [ZW13]: Standards pulled from current 1. Definition: fFemporary portable sign constructed of paper, vinyl, plastic, wood, metal or other "Real Estate Signs" comparable material and designed or intended to be displayed for a limited period of time Commented [ZW14]: Need somethingto differentiate 2. Maximum number: Iper street frontage this from yard - small 3. Maximum size.- a. ize:a. For residential. 9 square feet b. For nonresidential, 32 square feet 4. Hei> ht: Shall not exceed 7 feet in heighti _ _ Commented QW757: Pulled from current "construction 5. Location: Minimum 5 foot setback signs" 6. Other: For low-density residential. this sign tve is allowable for properties actively listed for sale or rent; or for properties with an active building permit. No yard — large signage for any property shall be illuminated. H. Portable. 1. Definition: Any siizn which is supported by one (1) or more uprights or braces upon the dround and which is of portable design 2. Maximum number: 1 per business 3. Maximum size: 6 square feet per side per sign 4. Height: 5. Location: Must be setback a minimum of 5 feet from any street right-of-way line if 36 inches or 2 feet if 36 inches or less in height. May be located on a sidewalk provided that adequate . clearance exists to meet ADA requirements. 6. Other: A -frame or pedestal style only. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. Must only be displayed durins normal hours of operation. Sec. 26-7124. - Billboards; specifications and regulations. A. General provisions. 1. For the purpose of this subsection, the city is divided into two (2) billboard districts, B-1, and B-2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Page 19 ❑ 61 wasrnwre Q 8* i1GUM M711.1 Official Billboard ZoningMa 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway is additionally approved by the state in writing and that such written approval is made available to the department of community development. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. Page 20 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall fumish a certificate from a Colorado -registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the 13- 1 district may be relocated to the B-2 district regardless of the maximum number. 2. Maximum size equals seven hundred fifty (750) square feet. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Maximum height shall be thirty-two (32) feet. 5. Length shall not exceed three and one-half (3'/) times the height. 6. No new billboard may be located closer than six hundred (600) feet to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. D. Processing of billboard vacancies. 1. An existing billboard will be considered abandoned, creating a billboard vacancy, under the following circumstances: a. The owner of the billboard or the property upon which it is located files written notice of its intent to abandon the billboard with the director of community development. In this event, the city may begin to process the pending vacancy, as set forth in this subsection d., prior to the removal of the billboard. It shall be unlawful for an owner to fail to remove a billboard as specified in a notice of intent to abandon filed hereunder. A billboard existing after the date of its abandonment shall be and is hereby declared a nuisance, as defined by section 15-4 of this Code, and shall be subject to the abatement and other enforcement remedies and penalties set forth under article ii of chapter 15 of this Code. b. A billboard is removed; provided however that a billboard may be temporarily removed and re -located, under the following conditions: (1) The owner of the billboard orthe property upon which it is located has filed written notice of its intent to temporarily remove the billboard with the director of community development, which notice shall include the purpose for the temporary removal and a projected timeline to re -locate the billboard; (2) The billboard is proposed to be removed to perform structural upgrades, modifications or another purpose approved by the community development director; (3) The billboard will be re -located on the same property in substantially the same location, as determined by the community development director in his or her sole discretion; (4) The time the billboard is removed shall not exceed one hundred eighty (180) days; (5) The community development director has issued priorwritten approval ofthe temporary removal; and (6) All required building permits, licenses or other approvals necessary to lawfully remove the billboard have been obtained prior to removal. Page 21 c. Failure to comply with any of the conditions under which temporary removal is permitted under subparagraph 1.b., above. 2. Whenever an abandonment or other event results in fewer than the maximum permitted number of billboards to be located within the city, the city shall declare that a vacancy exists and publish notice of the vacancy on the city's website and post such notice at the city's official posting places. The determination and declaration of a vacancy shall be in the city's sole and absolute discretion. The notice of vacancy shall provide that interested parties must file a preliminary application with the city within thirty (30) days of the date of notice. 3. The city shall accept preliminary applications from interested parties for thirty (30) days from the date of the notice of vacancy. Preliminary applications must include, at a minimum, the following information: a. A letter of intent from the applicant; b. The proposed location of the billboard, including either property address or assessor parcel id; and c. Written permission of the property owner to locate the billboard, if the property owner is not the named applicant. 4. The community development director will determine whether preliminary applications are complete and proposed locations are eligible pursuant to chapter 26 of the code of laws. 5. In the event more than one complete and eligible preliminary application is timely filed, the city shall select one preliminary application to continue processing by lottery. All potential applicants in the lottery shall be notified of the time and place that lots shall be drawn and may attend and observe the process. If the city does not receive any preliminary applications within the initial thirty (30) day response period, the city shall maintain the notice of vacancy on the city's website. The notice of vacancy shall be amended to reflect that the initial response period has lapsed and that preliminary applications will now be accepted and processed by the city in the order received. If more than one (1) preliminary application is thereafter received by city on the same date, the lottery process set forth above shall be used to select one (1) application to continue processing. 6. The sole or selected applicant must file a complete building permit application within one hundred eighty (180) days of: a. The date the applicant is selected by lottery, if so selected; b. The expiration of the initial thirty (30) day response period if the applicant is the only party that has filed a timely letter of intent; or c. The date of the applicant's preliminary application if submitted after the initial thirty (30) day response period; Provided, however, that the community development director may authorize an extension of not more than one hundred eighty (180) additional days upon a showing by the applicant that it is making substantial progress towards filing a complete application, as determined by the director in his or her sole and absolute discretion. 7. An applicant's failure to meet deadlines or to timely file materials and information necessary to comply with the permit process, as determined by the community development director in his or her sole and absolute discretion, shall result in the rejection of his or her application and the generation of a new notice of vacancy, in accordance with paragraph 2., above. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1610, § 1, 10-10-16) Secs. 26-7123-26-800. - Reserved. Page 22 0 r City Of WheatR,�dge COMMUNITY DEVELOPMENT TO: Planning Division kv R -DR I i H -c72 Nn -0 e -j w Memorandum FROM: Zack, DATE: July 18 SUBJECT: —Sign Code Discussion part 2 Item 1. Working draft of sign code "use chart" type table and specifics tables attached. As discussed, I have created a use chart of sorts, utilizing our typical permitted (P), not permitted (NP) system. I also added a limited (L) category for sign categories needing more in depth explanations to determine if they are allowable or not. On page 2 of the document begins the specific regulations for each sign type. The standards have been pulled from the existing Code. Where modifications need to be made, I have inserted comments. Is this a useable format? Are the charts legible and easy to navigate? Suggestions for modifications, revisions, formatting are needed Item 2. Council requested we look into additional items with the sign code update: • Blade signs • Iconic signs Temporary signage (specifically things like sign spinners and flutter flags) Business district signage Illumination/LED Questions to be answered: Has the issue been adequately summarized? Additional areas/cides/points of research needed? Discussion of recommendation to reach agreement at a Staff level. BLADE SIGNS Issue: • �ouncil and Staff recognized that our sign code often makes it difficult for businesses, especially along 38' Avenue, to provide automobile oriented signage and pedestrian scale signage. At C9 Research: Arvada does not allow "fin signs" when a cabinet wall sign is also present in its Commercial - Industrial and Multifamily sign districts, but does not place this limitation on the Olde Town sign district. 0 Brighton allows a mix, so long as you do not exceed the total permitted sign area • Edgewater does not allow projecting signs in conjunction with wall signs in Commercial areas (along Sheridan Blvd or 20' Avenue) — unclear which standards apply to 25' Ave. • Thornton allows mix — Maximum sign area: Total for all projecting signs = 50% of permitted sign area for wall signs. Total for all projecting signs and wall signs combined = 100% of permitted sign area of wall signs. • Lakewood, Northglenn do not show any limits on combining sign types. Recommendation: • Allow for instances were wall signs and projecting signs can be utilized by the same business. 1�S a,-� o+G or -M St rM . k'^ tw C /ONIC SIGNS — D �- , _ . "b A^,) CA, Issue: �� • Council expressed interest in researching how we might be able to allow/regulate "iconic" signage. For example, a construction company having a sign shaped like a hammer. Research: • Almost all cities researched had sign measurements for sign types that do not conform to traditional 2D sign types. • Aurora has a creative sign program that allows for property owners and businesses to propose creatively designed signs that encourage high quality materials and workmanship, as well as signs of unique design that exhibit a high degree of imagination, inventiveness. These signs are reviewed by the Creative Sign Design Review Board. Recommendation: • Ensure code has a method of measu' _ hat are 3D. I would assume this sign type would be allowable and count again.? freestanding ign allowance. TEMPORARY SIGNAGE — Sign Spinners�(,� Issue: Council indicated support for adjustments to the temporary signage allowances. Of particular note were sign spinners, flutter flags, and the duration these are permissible. Research: • Much of t1 research on this subject yielded results from Arizona. It seems several cities, cludin ilbert and Scottsdale, attempted to ban signs spinners (aka: sign walkers, human di ctio al, animated sign). They were sued and an Arizona Appeals Court ruled that `sign wal ' could not be banned, but that cities were still able to regulate them (such as how large the s' . can be, and where they can stand). As a result, Arizona Revised Statues specifically state no that u cannot ban sign walker, but reasonable time, place and manner regulations may be i posed by municipalities. • More locally: • Parket', and Greenwood Village prohibit sign spinners • Northglenn: regulated as moving signage (alongside twirlers and air dancers); allowed up to 30 consecutive days, once per year. Separate (but similar) regulations apply for Grand Opening Events • Arvada prohibits, animated signage, which does not appear to extend to sign spinners • Adams County and Edgewater prohibit sigs that move by any means • Brighton allows handheld advertising signage, with regulations • � ' Sl �+ • 40 TTi'orntoA recently updated its sign code, and allows persons dressed in costume or displaying signs expressing messages that are within the protection of the I` Amendment Other Temporary Resear h • Most allow "flutter flags" and inflatables as temporary and/or special event signage. Parker prohibits flashing, moving, animated, whirlgig devices, inflatable signs, tethered balloons, pennants, ribbons, streamers, spinners and other similar attention -getting devices. Some require temporary sign permits or some type of sign registry. • In some municipalities, temporary signs are tied to SUPs and TUPs. Y % .y Tempor Signage Recommendation/Question: ,`h a • Allow all types, spinners, feather, inflatable, etc. But a business may only have 1 at a time, and for limited time periods. Our temporary sign code has time allowances as follows: 1 time per year for up to 60 days, or 2 times per year for up to 30 days each time, or 4 times per year for up to 15 days each time. Is this reasonable? L-1yvpl;, hu- OFF-PREMISEiJSINESS DISTRICT SIGNAGE - Issue: • Some business districts have been interested in signage along arterials to direct drivers into the district. For example, businesses within the 29fl` Avenue shopping district have inquired about signs along Sheridan and Wadsworth pointing drivers towards their shops. Research • Off -premise signage regulations researched relate to billboards or single -businesses having an off-site sign. None dealt with district signage. • Based on personal knowledge, signs pointing towards business districts have been seen in 1 Denver, Louisville, Boulder • Planners in Denver and Louisville were contacted regarding the signage in their respective jurisdictions. Neither was able to point to a Code section demonstration how these signs were regulated. It appears district signage is likely handled internally as City signage. • Research from Seattle, courtesy of Lauren, indicates a City which cooperates with business districts to place signage. The business district pays for the sign (which they can choose from a limited variety of colors/logos); Public Works then makes and installs the signage. JRecommendations • Regulate by policy that can be updated as necessary. Work with Public Works to have template on hand to ensure the signs will be recognizable (idea: match our street signs - white and blue with wheat stalk). Will need to establish criteria for recognized business districts. (� • See Item 2 attachment for recently placed bike route wayfinding signage templates. ILLiTMINATION - _ A • More research needed (learning curve...) Item 3. Table in Section 26-708 7 ate- w ,. Municipality Sign Spinners Flutter Flags Other: Temporary Blade Signs Off premise business District Illumination Allowed in Commercial -Industrial and Multifamily -1 per may be illuminated in the Prohibits animated signage - does not ear signs s inner=. pp 9 p property p p y "Fin signs" - 1 rima per building, and 1 seconds 9 primary p g' secondary per OT and Cl sign districts after 10 PM if: (a) the operating hours of the use to Arvada would fit into this definition Inflatables only allowed in Commercial -Industrial -1 per Nothing of note building Off -premises, off-site, billboards not mentioned which the sign relates property extend past 10 PM, in which case the sign shall be turned off when operating hours end each day; Banners, balloons and/or Flags may be used for a period of The maximum lighting level shall not exceed one (1.0) foot-candle for parking Adams County Prohibits signs that move by any means % time not to exceed 14 consecutive days in any calendar year NIA N/A Requires a SUP - must be w/in 1000 feet of subject property; areas and twenty (20.0) footcandle in loading areas and unloading platforms; and ✓/ to promote a special event. Inflatable devises or signs prohbibited separate from billboards 5. Light levels measured twenty (20) feet beyond the property line shall not exceed one-tenth (0.1) foot-candle as a direct result of on-site lighting. "handheld advertising sign" hall not exceed 20 sq ft in area, No I Requires temporary sign permit application - 2 per business or person shall place, maintain or otherwise utilize a handheld nonresidential use at any given time; may be displayed for no "projecting" - projects more than 18 inches from building; up to Off -premises commercial signs shall be permitted on Brighton advertising sign in an obstructive manner on any street or /• Limited regulations for both flutter Flags and inflatables more than 60 days in a 90 day period; and for no more than 4 feet in downtown; 6 ft 6 in in other commercial and industrial commercial property that is greater than one hundred (100) N/A sidewalk. / (f 180 days per calendar year zones acres in size and is located adjacent to a state highway Blade. Small scale sign hanging or projecting perpendicular to Any sign or other advertising device or display constructed of building face. Limited zone districts B-3, M-2, M-3, non residential areas of Aurora N/A Believe they are allowed as "ground fabric signage" cloth, canvas, cardboard, wall board, plywood, or other light Each tenant is allowed one blade sign per pedestrian entrance, PD. One sign max 200 square feet (100 sq ft per side for LED not allowed for illumination temporary material, with or without structural frame, intended with a maximum size of six square feet. The sign must be double faced), no less than 600 feet from another sign in this for a temporary display for a limited period of time only. placed within the occupied elevation leased and entirely category between nine and 12 feel above grade. Use a direct light source. All lighted signs shall have their lighting directed in Temporary sign permits required and valid for 45 days; Falls under projecting signage - projecting at least 12 inches Allowed with written lease or permission from property owner such a manner as to illuminate only the face of the sign. When Edgewater Prohibits animated signage -which includes any change P by any movement or rotation / Allowed with some regulations along with inflatables temporary portable sign permits are voila for any length of time. No than 1 temporary time, for more horizontally beyond bldg, with max of 2 sign faces; be in May of site sign will be located on. Counts against the signage allowance fo the property on which the sign is located. Does Iexternal light sources are directed at the sign surface, the light source must be concealed from pedestrians' and motorists' "lines of sight." physical position more sign at any maybe may not with wall or monument. not not count against the signage for the property being (b) Signs must be illuminated in a way that does not cause glare onto the Y/ granted 2 permits per calendar year thanft project more than 4 ft from wall advertised. street and adjacent properties. Signs shall be lighted only to the minimum level for nighttime readability (C)Illumination for directly or indirectly illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane North lenn g "Moving signage" -allowed up to 30 consecutive days, once per year. Separate (but similar) regulations apply for Grand Pennants or wind blades prohibited Most require permits except weekend sale signs and election Projecting signage -May not project more than 4 feet from the wall; adjacent projecting signs shall not be closer than 20 feet Classified as billbards - allowed in C-5, 1-1, and 1-2 adjacent to of the top of the sign or onto any public right-of-way or adjoining property. (D)Each internally illuminated sign (including EMC's) shall be designed so that Opening Events season signs and banners (still regulated by size and time) to one another; maximum area of 12 square feet 1-25; max 672 square feet; 2,000 foot separation illumination does not exceed five hundred (500) NITS. VJ (E)Each directly or indirectly lit sign shall be designed so that illumination does not exceed one hundred (100) luxes (10 footcandles) measured at a distance often feet (10') from the sign. Prohibits the following: flashing, moving, animated, coursing, blinker, racer -type, intermittent, rotating, moving or revolving Blade/bracket signs permitted - extends 12 inches or more Parker Prohibited signs and/or devices, whirligig devices, inflatable signs and Registration program from a building wall, eave, fascia, canopy, awning or sign Doesn't speak to off -premises or billboards tethered balloons, pennants, ribbons, streamers, spinners and structure other similar types of attention -getting devices Sign illumination shall not create a hazardous glare for pedestrians or vehicles on adjacent properties or public ways. (2) Sign illumination shall be turned off at 10 PM or one hour after close of business, whichever is later. Pedestrian oriented blade signs allowed in business and (3) The light source, whether internal to the sign or external, shall be shielded Greenwood Village Prohibited N/A N/A commercial building districts; 6 sq ft per tenant, 3' height max; N/A from view and diffused through an external translucent surface if contained 8.5' minimum clearance above grade within the sign itself. This shall not preclude the use of exposed neon when approved as part of a Planned Sign Program or FDP. (4) Sign illumination for externally illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the toin of the sign or onto any ad'acent properties or public ways. Lighting from the message module shall not exceed 300 Nils (candelas per Private persons dressed in costume or displaying signs Not in code. Projecting signs are in code, does not specifiy Billboard signs shall be off-site freestanding signs; must be sguare meter) between dusk and dawn as measured from the sign's face. Thorntonexpressing messages that are within the protection of the 1st Feather flags permitted as a temporary sign and for special Air dancers included in definition how far they may extend from building, but appear to be what located 600 feet from any other permitted sign and at least Applications for sign permits containing an electronic display shall include the Amendment are exempt from provisions of the sign code. events Permitted in all zone districts with applicable provisions. may be considered as "blade signage," different from how our 1,000 square feet from any billboard sign; 300 square foot manufacturer's specifications and NIT (candela per sguare meter) rating. City code defines projecting, based on image in Code max; 25 feet max height officials shall have the right to enter the property and view the programmed specifications of the shin to determine compliance with this Provision. The light source of signs shall not be visible from adjacent properties. "Banner flags" - located minimum of 4 feet from back of Limited to: Banner, banner flags, portable a -frame, speical Allowed -max projection of 36 inches from building; 10 foot Off -premise advertising prohibited except for Table 17.9.7., B. The light reading at 10 feet from the property line on an adjacent property shall be 1 -foot Lakewood NIA sidewalk, not in ROW. Only 1 banner OR banner flag at any event, construction project ID, temporary uses clearance, 20 foot max height which is temporary signs and there is no explicit reference to candle of light or less. time. off premise signage Also limits hours of illuminated signs in residential areas from 6am to 9pm, unless medical fire or other 24 hour service 11 City of i�Wh6at �d ge COMMUNT y DEVELOPMENT Memorandum TO: Planning Division FROM: Zack DATE: June 19, 2017 SUBJECT: Sign Code Discussion In response to Reed v Gilbert we are reworking our sign code to be compliant with the major finding of the case by the Supreme Court. Simply, signs cannot be regulated by content. As such, it is necessary to remove categories from our code such as: Political Campaign Signs, Real Estate Signs, Temporary Model Home Signs, and others that regulate size, number and other requirements based on what the sign says. After reviewing the sign code, I have found that the essence of our current sign standards can be maintained, but we must regulate utilizing different tools. For example, we can no longer regulate "real estate" signage, but we can allow temporary signage for properties with an active MLS listing. / Sample of what a new code category could look like in lieu of room for rent, real estate, temporary model home, and construction signage: Temporary Signage 1 and 2 family residential Fee st riding properties with: o 5 ft max height An active MLS listing An active building permit with the City of Wheat Ridge An actively listed unit o 9 square feet max Wall sign —1 square foot per linear foot of property frontage _,-A I for rent • Window sign r.— Our current sig development st ndards will remain, for the most part, in place. I do not intend on increasing/decreasing sign allowances during this process. Before I start to re -write using those standards... Are there any sign categories in the current code that need allowance adjustments? Opening up the sign code also allows us to make the Code more user friendly. I would like to brainstorm today how we want to see the sign code reorganized. Current code Organized by zone district: Issues: repetitive chart for non-conforming/other uses, makes chart unwieldy; ME= organization at the very least can be cleaned up For example: `Wall or painted sign' is included in the residential zone districts chart but states `not permitted for single family and two family dwellings.' Duplicated sign categories (such as `wall or painted sign') have the same size, height, and number allocation in both the residential and non-residential zone district charts. Sample updated codes (attached): Brush Adopted September 2015 Flagstaff Adopted June 2016 Arvada Adopted January 2017 Gilbert In process; Meetings planned with Redevelopment Commission and Town Council in June Recommendation: Consider organizing by use Simple chart for residential uses More thorough chart for non-residential In depth requirements that follow the basic charts Is there support for a use based sign code, rather than the current by zone district code? Other method? • July follow up meeting: Rolling in other issues Council members want to see addressed. 17 ee7� Com. I k.-, t.4 -e, v OEM T-- - -- - L/ - �jt�� 0 �q� G �A Lir W -rt� pa- d2 a &') Na �. .S� =u �.- Agenda. Quick overview: Reed v Gilbert • Simply put, regulating by content is in violation of the 1s* amendment. • Case arose from a church without a permanent location who placed signs prior to services advertising where church would be held that week. Under Gilberts sign code, these signs were treated differently than other types of temporary signs. The church was told they were in violation of the sign code. The pastor challenged that, and it ended up in the Supreme Court • Our Code, like most City sign codes regulate political campaign signs, real estate signs, construction signs, community event signs and the like. In order to know how to regulate a sign, we have to read it. For sale by owner vs Jay for Mayor. • As a general rule: we can now regulate based on time, place and manner. This includes size, height, maximum number per lot or business. Also, sign location like setbacks, sight distance, what is allowed in particular zone districts or land uses, even if particular corridors are allowed specific types of signage. We can also regulate materials, lighting and form (monument vs pole; cabinet/ channel letter). II. How this impacts our code A. Before diving in, want to discuss any current code sections that need allowance adjustments. B. Pole signs Our code update will not introduce foreign concepts, for many signs, we already regulate by type: free standing, projecting, arcade, canopy. With transitioning our other content based sign regulations we do not intend to alter our current sign allowances, to the extent that we can fit them into the code. For example, while we remove real estate signs from the code. We can regulate signage on properties with active MLS listings with the same development standards currently in place for Real Estate signs. • That being said, if there are any issues with our current allowances that anyone has noticed, now would be the time to address them, and roll them into the sign code update. For example, Lauren and I were pretty sure that new pole signs are not allowed. However the sign code does not state this, as far as we could find. We realized that maybe that provision is only in the Mixed Use Code. Is this provision something we want to extend to all areas of the City (with the exception of freestanding signs within % mile of the freeway, which can be up to 50 feet tall.)?? V III. Current challenges with our code, �p1iV��e►vf • Also, with the sign code update, we have the ability to improve our code, so it is more user 0� friendly. Current issues with our sign code, in my opinion, is the tables. ey are extremely long and somewhat difficult to move through, the temporary sign category cuts in the middle, then moves back again to permanent signs, but you don't really notice. Also all the sign categories are included in both the Residential zone chart and the commercial/industrial zone chart. Even though many of the signs in the residential zone chart say "not allowed for single or two family home." I understand the intent was probably to regulate non -conforming or other uses, like the Sons of Italy building, and all the churches that are on residentially zoned land to have adequate signage. However, it makes the tables long and unwieldy. This makes me think that perhaps a use based sign code may be more appropriate, and created cleaner, easier to read tables. Residents and non -planning folks who think R -1C is a commercial zone district won't need to figure out what zoning they are to determine what signage they can have. • LIKE SOME DISCUSSIO HERE IV. Sample Codes A. Brush, CO B. Flagstaff, AZ C. Arvada, CO D. Gilbert, AZ I'd also like to quickly glance at some of the updated sign codes I found. Brush — very simple, residential chart is very simple, the commercial is more complex. Like this model. Graphics! Flagstaff — I like the way this is set up. Perhaps not the formatting, but the organization. First pages of the sign code show signs types and where they are allowed. Then you get into detail about the specific development standards for each type of sign on the following pages. From, lets say, a business owner perspective this may be a decent method of disseminating this information to them, as they are likely to approach the code in one of two ways. 1) 1 have a commercial business, what can I put up — chart in front shows all their options. 2) 1 want a wall sign, is it allowed and what can I have. Chart in front says yes it is and directs me to the wall sign section for specific development standards. Graphics! • Arvada - divided zone districts into four sign districts. Complies all districts and allowances into a series of charts: attached permanent, detached permanent, attached temporary, detached temporary. • Gilbert — thought the center of Reed v Gilbert would be a good place to look. Very text heavy. V. Next Steps /� A. Consensus on ho Ie want to organize code/ B. Use vs Zone C. Make charts easier to read for customer an aff D. Do we want to include more graphics? VI. Next meeting: m' Discu Council direct' on LED, temporary,,digita1, off premise district identification Agenda. I. Quick overview: Reed v Gilbert II. How this impacts our code A. Before diving in, want to discuss any current code sections that need allowance adjustments. B. Pole signs III. Current challenges with our code IV. Sample Codes A. Brush, CO B. Flagstaff, AZ C. Arvada, CO D. Gilbert, AZ V. Next Steps A. Consensus on how we want to organize code B. Use vs Zone C. Make charts easier to read for customer and Staff D. Do we want to include more graphics? VI. Next meeting: mid-July A. Discuss Council direction on LED, temporary, digital, off premise district identification Division 3. Sign Standards Sec. 16-12-310. Sign standards by zoning district. Signs in all zoning districts shall be subject to the standards set forth in this Section. The number, types and sizes of signs set forth in Tables 12-1 and 12-2 shall also comply with the standards by sign type listed in Section 16-12-320 and Section 16-12-330. (1) Standards for residential zoning districts and uses. Signs in the RE, R -LD, R -MD, R-MHD, and RMH zoning districts, and residential land use designations within a residential PUD zoning district, shall be subject to the following limitations and standards: TABLE 12-1 Standards for Residential Zoning Districts Sign Type Maximum Number Maximum Area Maximum/Minimum Height Directional Unlimited, within 6 square feet per sign/32 square Sign maximum area feet total No higher than 4 feet requirements 1 per non-residential use; 1 per entrance to a Monument Sign subdivision, multi -family 32 square feet No higher than 6 feet housing complex or mobile home park Site Sign 1 per street frontage 16 square feet 6 square feet, inclusive of riders No higher than 6 feet Swing Sign I per street frontage No higher than 6 feet 1per single-family or two-family dwelling 4 square feet q No higher than eave or parapet with a home occupation line or home business Wall Sign 1 per principal multifamily building, per 32square feet No higher than eave or parapet street frontage line 1 per non-residential use 32 square feet. No higher than eave or parapetline Yard Sign Unlimited, within maximum area 6 square feet per sign/24 square No higher than 4 feet requirements feet total (2) Standards for nonresidential zoning districts and uses. Signs in the AG, EP, C, CC, and I zoning districts, and nonresidential land use designations within a PUD zoning district, shall be subject to the following limitations and standards: 9 TABLE 12-2 Standards for Nonresidential Zoning Districts Sign Type Maximum Number Maximum Area Maximum/Minimum Height Unlimited, within 0.5 square feet of signage for No higher than eave or parapet Awning Sign maximum area each linear foot of awning, up to line; 9 feet minimum height requirements a maximum of 32 square feet pedestrian clearance 1 banner per business 0.50 square feet for each linear displayed on a building foot of exterior wall up to a No higher than eave or parapet Banners wall. maximum area of 100 square line for wall banner. feet. 2 freestanding wave 50 square feet per wave banner. No higher than 12 feet for wave banners per business. banner. No higher than eave or parapet Unlimited, within 0.5 square feet of signage for line; 9 feet minimum height Canopy Sign maximum area each linear foot of canopy, up to pedestrian clearance; 14 feet requirements a maximum of 32 square feet minimum height vehicular clearance Unlimited, within 6 square feet, up to a maximum No higher than 4 feet, except Directional Sign maximum area of 32 square feet when used on a vehicular re uirements clearance structure Electronic See Section 16-12-320 See Section 16-12-320 (e) See Section 16-12-320 (e) Message Center e 1 per street frontage of 75 square feet. An electronic principal building, plus message center may be 1 additional for street integrated up to 50% of allowed No higher than 25 feet Freestanding frontages in excess of 500 feet sign area. Pole Sign 1 per principal building 300 square feet. An electronic within 1000 feet of message center many be No higher than 100 feet edge of interstate integrated up to 50% of allowed highway R.O.W. sign area. Marquee Sign l per principal building 120 square feet per sign face, up No higher than eave or parapet to a maximum of 3 faces line; 9 feet minimum height 75 square feet. An electronic Monument Sign 1 per business use message center may be integrated up to 50% of allowed No higher than 8 feet sign area. No higher than wall (single story building)/bottom of Projecting Sign 1 per business use 15 square feet second story window (multi- story building); 9 feet minimum height No higher than 4 feet above Roof Sign 1 per principal building .6 square feet of area per lineal parapet (flat roof); no higher foot of fagade width than roofline (peaked or mansard roof) 10 i Sidewalk Sign 1 per business use 8 square feet No higher than 4 feet Site Sign 1per street frontage 32 square feet No higher than 8 feet Swing Sign 1 per street frontage 6 square feet, inclusive of riders No higher than 6 feet Unlimited, within 2 square feet of area per lineal Wall Sign maximum area foot of exterior wall frontage, up to a maximum of 200 square feet No higher than the eave line requirements per sign Window Sign Unlimited Up to a minimum 50% window None transparency Yard Sign Unlimited, within maximum area 6 square feet per sign/24 square No higher than 4 feet requirements feet total 11 Sec. 16-12-320. Standards for permanent signs. FIGURE 12-1 Permanent Sign Types Freetanding Pole Rign Awning Sign Sign tional lProSignjecting Wall Marquee ! gM Si S16N TYPES: Permanent (a) General. The following standards are applicable to all permanent signs: (1) Owner consent. No sign permit shall be issued for any permanent sign on private property without written consent of the property owner or the owner's authorized agent. (2) Lighting. The light from any light source intended to illuminate a permanent sign shall be so shaded, shielded or directed so that the light intensity or brightness shall not cause glare to affect surrounding properties, or cause glare to affect safe vision of pedestrians or operators of vehicles moving on public or private streets, driveways or parking areas. (b) Awning signs. (1) Location. Signs may be placed only on awnings that are located on first and second -story building frontages, including those fronting a street, parking lot or pedestrian way. An awning may include a printed or mounted sign. No sign mounted to an awning shall project beyond, above or below the face of an awning. 12 (k) Wall signs. (1) Location. A wall sign shall not obstruct any portion of a window, doorway or other architectural detail. (2) Quantity, area and height. A wall sign shall comply with the quantity, area and height requirements established in Section 16-12-310. Wall signs shall not be higher than the eave line of the principal building. No sign part, including cut-out letters, may project from the building wall more than required for construction purposes and in no case more than twelve (12) inches. (3) Lighting. Wall signs may be illuminated in nonresidential zoning districts only. FIGURE 12-11 Wall Sign Detail 29i.t. of sigh area`p r Ijnearft, of. fac de up to 200 sq. . per sign Example- :25trnear.ft. facade 30 sq. /t: of Signage — + No higher :�essage I than eave 11 I Line L A in PO (1) Window signs. (1) Location. Signs are permitted on interior and exterior windows. (2) Quantity, area and height. A window sign shall comply with the quantity, area and height requirements established in Section 16-12-310. (3) Lighting. Window signs may be illuminated and/or animated. One (1) neon sign per window is permitted, with a maximum sign area of six (6) square feet. Neon signs may be illuminated (turned on) only during normal business hours. 19 FIGURE 12-12 Window Sign Detail Sec. 16-12-330. Standards for temporary signs. FIGURE 12-13 Temporary Sign Types Banner Sign SIGN TYPES: Temporary (a) General. The following standards are applicable to all temporary signs: Sidewalk Sign (1) Owner consent. All temporary signs must be located on private property and only with the consent of the property owner. it] 1 Flagstaff 1 -50.100.010 Purpose 10-50.100.010 Purpose Page 1 of 42 A. The Council finds that the natural surroundings, climate, history, and people of the City provide the Flagstaff community with its unique charm and beauty. This division has been adopted to ensure that all signs installed in the City are compatible with the unique character and environment of the community, and in compliance with the General Plan. B. The purpose of this division is to promote public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content -neutral, and nondiscriminatory sign standards and requirements, including the following specific purposes: 1. To promote and accomplish the goals, policies, and objectives of the General Plan; 2. To balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages; 3. To recognize free speech rights by regulating signs in a content -neutral manner; 4. To improve pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; 5. To protect the aesthetic beauty of the City's natural and built environment for the citizens of and visitors to the City, and to protect prominent viewsheds within the community; 6. To prevent property damage, personal injury, and litter from signs which are improperly constructed, poorly maintained, or made of flimsy materials; 7. To protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape; and 8. To provide consistent sign design standards that enables the fair and consistent enforcement of these sign regulations. C. A summary of sign types addressed within this division are listed in Table 10-50.100.010.A, Sign Types. Table 10-50.100.010.A also identifies the permitted uses of each sign type and whether it may be located in a walkable urban environment (Urban) or drivable suburban environment (Suburban), or both, as further defined and explained in the Preamble to this Zoning Code. Table 10-50.100.010.A: Sign Types Sign Type and Urban Suburban Uses Permit?' Zoning Code Description Section The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Flagstaff 10-50.100.010 Purpose FPermanent Signs (See Table 10-50.100.060.A (Standards for Permanent Signs)) Awning Sign P P SFR • Yes 10 - MFR 50.100.060.C.4.b(1) Building Identification Sign P -- SFR • Yes 10- � MFR iN❑ 50.100.100.A.5.a(3) Building Mounted Sign P P SFR COMYes/No' 10- I IVIFR IND 50.100.060.C.4.b(2) Canopy Sign P P SFR • Yes 10 MFR 50.100.060.C.4.b(3) Changeable Copy Sign P P SFR • Yes 10 - MFR 50.100.060.C.4.b(4) Directional Sign -- P SFR • Yes 10 - MFR 50.100.060.C.4.b(5) Directory Sign P2 P SFR • Yes 10 MFR IND 50.100.060.C.4.b(6) Freestanding Sign P2 P SFR COMYes 10- 50.100.060.C.4.b(7) Interpretative Sign P P SFR COM'Yes j-0-- IVIFR IND Landscape Wall Sign p2 P SIFIR COMYes 10- IVIFR IND Painted Wall Sign P P SIFIR COMYes Table iQ IVIFR IND 50.100.060.0 Projecting Sign P2 P SFR • Yes 10 -- MFR IND 50.100.060.C.4.b(10) Roof Mounted Sign -- P SFR • Yes 10 -- MFR 50.100.060.C.4.b(11) Service Island Canopy -- P SFR • Yes 10 - Sign MFR IND 50.100.060.C.4.b(12) Suspended Sign P P SFRYes 10- MFR • a 50.100.060.C.4.b(13) Page 2 of 42 The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Flagstaff 10-50.100.010 Purpose Window Sign P P SFR M Yes 10 - MFR 50.100.060.C.4.b(14) 'Temporary Signs (See Section 10-50.100.090, Temporary Signs) Sign Walker P P SFR • No 10- MFR 50.100.090.C.4.c.(6) Temporary A -Frame Sign P3 P SFR • Yes/No4 10 - MFR 50.100.090.C.4.c(1) l Temporary Civic or P P • No 10-0.100.090.C.2 Nonprofit Event Sign Temporary Directional P P Signs for Special Events, Recreation Events, and Approved Temporary Uses Temporary New P Development/Construction Sign Temporary Sign for P Approved Temporary Uses Temporary Stanchion Sign P Temporary Upright Sign p3 Temporary Vertical -- Banner Temporary Wall Banner P P I SFR P P No x.10 -50.100.090.C.3 No 10-50.100.090.C.5 No 110-50.100.090.C.1 -- JRNo ' 10-50.100.100.B.5.b P Yes/No4 10- 50.100.090.C.4.c(1) P Yes 10- Temporary Window Sign P P SFR End Notes 50.100.090.C.4.c(2) Yes 10- 50.100.090.C.4.c(3) Yes 10- 50.100.090.C.4.c(4) The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Page 3 of 42 Flagstaff 10-50.100.060 Permanent Signs 'Except detached single-family dwellings and duplexes. Page 4 of 42 2This sign type is only allowed in accordance with the provisions of Section 10-50.100.100.A, Flagstaff Central District. 3Except, this sign type is not permitted in the Downtown Historic District (Section 10-50.100.100.13). 4See Section 10.50.100.090.C.4.c(1). I— Key ® Allowed XXX Not Allowed P Sign type is permitted within the area type identified in this table. -- .... Sign type is not permitted within the area type identified in this table. SFR = Single-family Residential; MFR = Multi -family Residential; COM = Commercial; and IND = Industrial (Ord. 2014-27, Amended, 11/18/2014) 10-50.100.060 Permanent Signs A. Permanent signs shall comply with the sign area, height, number, type and other requirements of this section and Table 10-50.100.060.A, Standards for Permanent Signs by Use, except as otherwise provided in subsections (B) and (C) of this section. Unless specifically indicated, sign permits are required for all permanent signs in accordance with Section 10-20.40.120, Sign Permit – Permanent Signs. Table 10-50.100.060.A: Standards for Permanent Signs by Use Land Allowed Sign Types Number of Signs' Max. Ht. Max Area (sq. ft.) Use (in. ft.) WNW W i -Single -Family Residential or Duplex (includes Home Occupations and Bed land Breakfasts) Building Mounted 12 6 6 Freestanding 12 3 6 i Single -Family Subdivision, Multi -Family Developments, Manufactured Home Parks Building Mounted 1 4 2 Freestanding 13 6 24 Landscape Wall 13 4 24 The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Flagstaff 10-50.100.060 Permanent Signs (2) Building Mounted Sign. (a) The standards provided in Table 10-50.100.060.C, Standards for Building Mounted Signs, shall apply to building mounted signs in all zones where allowed by Table 10- 50.100.060.A, Standards for Permanent Signs by Use. Table 10-50.100.060.C: Standards for Building Mounted Signs Standard Sign Area See this section and Table 10-50.100.060.A (Standards for Permanent Signs by Use). Mounting Height See Table 10-50.100.060.A (Standards for Permanent Signs by Use). Sign Placement The total sign area for signs on single -tenant or multi -tenant buildings may be placed on any building elevation except: (1) At least 1 sign shall be associated with the building entry zone' (may be wall mounted, projecting, awning, etc.) (2) No sign shall face an adjoining residential zone. (3) Signs shall be placed on the lesser of 12 inches or 20% of the width and height of the building element on which they are mounted. The width of the sign shall not be greater than 60% of the width of the building element on which it is displayed. The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Page 9 of 42 Flagstaff 10-50.100.060 Permanent Signs Page 10 of 42 The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Individual tenants in multi -tenant buildings are permitted building mounted signs only on the primary entrance elevation of the space occupied by the business. If vertically placed on a mansard roof, structural supports shall be minimized, and secondary supports (angle irons, guy wires, braces) shall be enclosed/ hidden from view. Total Allowable Sign Area Max. sign area for businesses with multiple frontages, and for all building elevations on a single stand-alone business is 200 sq. ft., subject to the provisions of this section, including Sections 10-50.10Q.070 and 10- 50.100.080. 2 or More Businesses Served by Considered 1 business sign for sign a Single Common Entrance computation purposes; max. of 1.5 sq. ft. for each linear foot of building frontage of the entrance. Sign for Non -Customer Service Max. 1 nonilluminated building mounted sign; Entry max. 6 sq. ft. in area; must be located adjacent to the entry. Illumination Permitted — See Section 10-50.100.050.C; except for single-family residences and duplexes. Permitting Sign permit is required, except for single- family residences and duplexes. Special Provisions Single Business with 1 Frontage — Additional sign area is permitted if the owner Increased Sign Area forgoes display of a freestanding sign permitted for the site, to a max. of 1.5 sq. ft. per linear foot of building frontage, to a max. sign area of 100 sq. ft.2,3 Corner Sign Area Incentive Additional sign area is permitted for a sign mounted on the corner of a building and associated with a primary corner entrance; determined by adding 50% of the allowed Page 10 of 42 The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Flagstaff 10-50.100.060 Permanent Signs sign area for the primary building frontage and 50% of the allowed sign area for the auxiliary building frontage (included in the total allowable sign area for building mounted signs). Single Business with 2 or More Additional sign area is permitted for one or Frontages — Increased Sign Area both building mounted signs if the owner forgoes display of one or both freestanding signs permitted for the site, to a max. of 1.5 sq. ft. per linear foot of building frontage along each street where no freestanding sign will be displayed, up to a max. sign area of 100 sq. ft. per building frontage.2,3 Additional Increases in Sign Area Additional sign area may be sought under (Section 10-50.100.080, Sign Section 10-50.100.080, Sign Design Design Performance Standards) Performance Standards, but is limited to a max. sign area of 100 sq. ft. Painted Wall Signs End Notes Painted wall signs are permitted on any exterior building wall of an individual tenant space or building. Painted wall signs shall be included in the total allowable area for building mounted signs. The allowable area for a painted wall sign shall be increased by 10%. Shall be professionally painted. Nonilluminated or externally illuminated with down directed, fully shielded fixtures only. 'Building entries in this context do not include service entries or separate doors for lodging rooms. Page 11 of 42 213equests to use this provision are reviewed under the normal sign permit application procedure, in accordance with Section 10-20.40.120, Sign Permit — Permanent Signs. 3A release of rights to a freestanding sign for the duration of use of a larger building mounted sign is required with a sign permit, evidenced by a recordable form of acceptance signed by the property owner. The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Flagstaff 10-50.100.060 Permanent Signs Figure 10-50.100.060B Standards for Building Mounted Signs V TQf NAME STOU W -W. f4 Max. C+b�+h of r (3) Canopy Sign. (a) Canopy signs are not permitted in residential zones. Page 12 of 42 (b) The standards provided in Table 10-50.100.060.D, Standards for Canopy Signs, shall apply. Table 10-50.100.060.D: Standards for Canopy Signs The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Standard . Other Requirements Sign Area — (Copy, 1 sq. ft. of sign area per Included in the total including logo) lineal foot of canopy width. allowable sign area for building mounted signs. Mounting Height Max. 25 feet for ground floor canopies. Min. of 8 feet from the bottom of the canopy to the nearest grade or sidewalk. Sign Placement Only above the doors and windows of the ground floor of a building. A canopy shall not project beyond the edges of the face of the building wall or architectural element on which it is located. The Flagstaff City Charter and City Code are current through Ordinance 2017-11, passed April 18, 2017. Town .f Gilbert &Development Code 3. Wall Signs. (a) Dwelling Unit Wall Signs. (1) Each single family dwelling unit shall be clearly identified by a street address or unit number sign for first responders to locate the residential unit as necessary to respond to any fire or public safety issue. (2) Each single family dwelling unit may have one (1) permanent wall or ground sign not to exceed three (3) square feet in size and not to exceed two (2) feet in height if placed as a ground sign. This allowed sign is in addition to the required street address or unit number sign for a single family dwelling unit. (3) Each multi -family dwelling unit shall be clearly identified by a street address or building number sign for first responders to locate the multi- family dwelling unit or building number as necessary to respond to any fire or public safety issue. (4) Each individual dwelling unit in a multi -family dwelling unit may have one (1) permanent wall or ground sign not to exceed three (3) square feet in size and not to exceed two (2) feet in height if placed as a ground sign. (b) Wall Sighs in Commercial. Office, Employinent, and Public Facility / Institutional Zoning Districts. (1) Design. Wall Signs shall fit proportionally with building massing and architectural features of the elevation. (2) Length. The length of a Wall Sign shall not exceed eighty (80) percent of the horizontal length of the exterior building elevation of a tenant suite. (3) Height. The height of a Wall Sign shall not exceed eighty (80) percent of the vertical dimension of the sign band or wall space on which the sign is placed. (4) Placement. Wall Signs shall not be located closer to the top of a parapet wall than one-half the vertical dimension of the largest letter or character. Top floor signage located on multi -story buildings may span floor plates. Page 24 54 of 214 Town of Gilbert Land Development Code (5) Wall Signs on building elevations abutting property designated for residential use in the General Plan shall: (A) Not be illuminated; (B) Not exceed sixteen (16) square feet in area; and (C) Be installed no higher than fourteen (14) feet above grade. (6) Wall Sign Area. The minimum and maximum Wall Sign area shall be determined as set forth below. See Appendix 1, Figures 17A and 17B, for graphic illustrations. (A) Wall Sign Area: Buildings One -Story in Height. (i) Minimum Wall Sign area. Each business shall be permitted a minimum Wall Sign area of 32 square feet, and such Wall Signs are permitted on any exterior wall of the tenant or user suite on the first floor of the building. (ii) Maximum Wall Sign area. Each business shall be limited to a total Wall Sign area no greater than the total sign allowance area, defined below, for (i) the longest building elevation of the tenant/user suite facing the street, or (ii) the length of the building elevation of the tenant/user suite in which the principal entrance to the business is located. (iii) Sign Allowance Area. Sign allowance area shall mean "for buildings set back seventy-five (75) feet or less from the right-of-way, one (1) square foot of sign area for each one (1) lineal foot of the building elevation adjacent to the suite," and "for buildings set back more than seventy-five (75) feet from the right-of-way, one and one-half (1.5) square feet of sign area for each one (1) lineal foot of building elevation adjacent to the suite." (iv) Double frontage. For a business with a double frontage, the maximum Wall Sign area shall be permitted on two building elevations. (v) Approval. Approval is required through a Comprehensive Sign Program and/or a Master Sign Plan if the building is a multi -tenant building or otherwise meets the criteria for review and approval set forth in this Article 4.4. under such a program or plan. Page 25 55 of 214 Town of Gilbert Land Development Code (B) Wall Sign Area: Buildings Two Stories in Height. Wall Signs on multiple floors of a building two (2) stories in height shall conform to the following criteria. (i) First Floor. Individual tenant signs located on the first floor of a building two (2) stories in height shall be subject to the same criteria as tenant signs for a building one story in height, as set forth above. (ii) Second Floor. Individual tenant signs and building signs located on the second floor of a building two (2) stories in height shall not exceed seventy-five (75) square feet in sign area. Individual tenant signs and any building signs may be placed on any approved sign band or wall space on the second floor. The maximum wall sign area, including all tenant signs and building signs, shall not exceed fifty (50) percent of the lineal building elevation on the second floor. (iii) Double frontage. For a business with a double frontage, the maximum Wall Sign area shall be permitted on two building elevations. (iv) Approval. Approval is required through either a Comprehensive Sign Program or a Master Sign Plan. (C) Wall Sign Area: Buildings Three or More Stories in Height. Wall Signs located on buildings three (3) or more stories in height shall be limited to the first floor and the top floor, and shall conform to the following criteria. (i) First Floor. Individual tenant signs located on the first floor shall be subject to the same criteria as tenant signs for a building one story in height, as set forth above (ii) Top Floor. The Wall Sign area allowed on the top floor shall not be counted against the Wall Sign area allowed on the first floor. Top floor Wall Signs are limited to either (i) one (1) building sign and one (1) tenant sign, or (ii) two (2) tenant signs. The top floor sign size and height shall adhere to the criteria contained in Table 4.409.B.3: Top Floor Sign Size and Height Standards for On -Premise Signs, shown below. This sign area shall not be increased through a Comprehensive Sign Program or Master Sign Plan. Page 26 56 of 214 Town of Gilben Land Development Code (iii) Double frontage. For a business with a double frontage, the maximum Wall Sign area shall be permitted on two building elevations. (iv) Approval. Approval is required through either a Comprehensive Sign Program or a Master Sign Plan. (c) Wall Signs in Heritage Zoning Districts. (1) Design. Wall Signs shall fit proportionally with building massing and architectural features of the elevation. (2) Length. The length of a Wall Sign shall not exceed eighty (80) percent of the horizontal length of the exterior building elevation of a tenant suite. (3) Height. The height of a Wall Sign shall not exceed eighty (80) percent of the vertical dimension of the sign band or wall space on which the sign is placed. (4) Placement. Wall Signs shall not be located closer to the top of a parapet wall than one-half the vertical dimension of the largest letter or character. Top floor signage located on multi -story buildings may span floor plates. (5) Wall Signs on building elevations abutting property designated for residential use in the General Plan shall: (A) Not be illuminated; (B) Not exceed sixteen (6) square feet in area; and (C) Be installed no higher than fourteen (14) feet above grade. (6) Wall Sign Area. The minimum and maximum Wall Sign area shall be determined as set forth below. (A) Wall Sign Area: Buildings One -Story in Height. (i) Minimum Wall Sign area. Wall Signs are permitted on any exterior wall of the tenant or user suite on the first floor of the one-story building. (ii) Maximum Wall Sign area. Each business shall be limited to a total Wall Sign area no greater than the total sign Page 27 57 of 214 Town of Gilbert Land Development Code allowance area, defined below, for (i) the longest building elevation of the tenant/user suite facing the street, or (ii) the length of the building elevation of the tenant/user suite in which the principal entrance to the business is located. (iii) Sign Allowance Area. Sign allowance area shall mean "one and one-half (1.5) square feet of sign area for each one (1) lineal foot of building elevation adjacent to the suite." (iv) Double frontage. For a business with a double frontage, the maximum Wall Sign area shall be permitted on two building elevations. (B) Wall Sign Area: Buildings Two Stories in Height. Wall Signs on the floors of a building two (2) stories in height shall conform to the following criteria. (i) First Floor. Individual tenant signs located on the first floor of a building two (2) stories in height shall be subject to the same criteria as tenant signs for a building one story in height, as set forth above. (ii) Second Floor. Individual tenant signs may only be placed on the building walls of the space occupied by the tenant. The individual tenant Wall Sign shall not exceed six (6) square feet in area per tenant/user suit. The sign area shall be included in the maximum Wall Sign area set forth above. Wall Signs may be indirectly illuminated or internally illuminated. Lighting fixtures shall be decorative and architecturally compatible with the building. See Guidelines for fixtures in the Heritage District Redevelopment Plan. (iii) Double frontage. For a business with a double frontage, the maximum Wall Sign area shall be permitted on two building elevations. (iv) Approval. Approval is required through a Heritage Sign Plan. (d) Wall Signs for Non -Residential Uses in Residential Zonin,= Districts (1) Design. Wall Signs shall fit proportionally with building massing and architectural features of the elevation. Page 28 58 of 214 Town of Gilbert Land Development Code (2) Length. The length of a Wall Sign shall not exceed eighty (80) percent of the horizontal length of the exterior building elevation of a tenant suite. (3) Height. The height of a Wall Sign shall not exceed eighty (80) percent of the vertical dimension of the sign band or wall space on which the sign is placed. (4) Placement. Wall Signs shall be placed on an area that is free of architectural details. Wall Signs shall not be located closer to the top of a parapet wall than one-half the vertical dimension of the largest letter or character. Top floor signage located on multi -story buildings may span floor plates. (5) Wall Signs on building elevations abutting property designated for residential use in the General Plan shall: (A) Not be illuminated; (B) Not exceed sixteen (16) square feet in area; and (C) Be installed no higher than fourteen (14) feet above grade. (6) Wall Sign Area. The minimum and maximum Wall Sign area shall be determined as set forth below. See Appendix 1, Figures 17A and 17B, for graphic illustrations. (A) Wall Sign Area: Buildings One or More Stories in Height. Wall Signs shall only be located on one (1) floor of a single -story or multi -story building, and shall meet the following criteria. (i) Minimum Wall Sign area. Each business shall be permitted a minimum Wall Sign area of thirty-two (32) square feet, and such Wall Signs are permitted on any exterior wall of the tenant or user suite on the first floor of the one-story building. (ii) Maximum Wall Sign area. Each business shall be limited to a total Wall Sign area no greater than total sign allowance area, defined below, for (i) the longest building elevation of the tenant/user suite facing the street, or (ii) the length of the building elevation of the tenant/user suite in which the principal entrance to the business is located. Page 29 59 of 214 Town of Gilbert Land Development Code (iii) Sign Allowance Area. Sign allowance area shall mean: a) For buildings set back seventy-five (75) feet or less from the right-of-way, one (1) square foot of sign area for each one (1) lineal foot of the building elevation adjacent to the suite; and b) For buildings set back more than seventy-five (75) feet from the right-of-way, one and one-half (1.5) square feet of sign area for each one (1) lineal foot of building elevation adjacent to the suite. (iv) Double frontage. For a business with a double frontage, the maximum Wall Sign area shall be permitted on two building elevations. (v) Top Floor. If the top floor of a multi -story building is chosen for the allowable Wall Signs, the top floor Wall Signs are limited to either (i) one (1) building sign and one (1) tenant sign, or (ii) two (2) tenant signs. The top floor sign size and height shall adhere to the criteria contained in Table 4.409.B: Top Floor Sign Size and Height Standards for On - Premise Signs, shown below. This sign area shall not be increased through a Comprehensive Sign Program or Master Sign Plan. (vi) Approval. Approval is required through a Comprehensive Sign Program or Master Sign Plan as set forth in this Article 4.4. Page 30 60 of 214 Town of Gilbert Land Development Code six (6) inches. A canopy sign shall be vertically centered on the face of the canopy and the height shall not exceed eighty (80) percent of the vertical dimension of the canopy wall on which the sign is placed. The size (area) of a canopy sign shall not count against the maximum sign area allowed for wall signs on the parcel. . 25. Historic Markers. A parcel is allowed a Historic Marker. The size (area) of a Historic Marker shall not exceed six (6) square feet. 4.410. Residential Zoning Districts. In Residential Zoning Districts, the permanent sign types allowed and the applicable permitting plan or program and/or other review process are set forth below in Table 4.410. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.410: Permanent Signs Allowed in Residential Zoning Districts Si n T e Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non -Residential Tenant Offices and Suites No 6. Wall Signs at Entrances to Restaurants No 7. Wall Signs at Service and Delivery Entrances No 8. Window Signs No 9. Door Signs No 10. Wall -Mounted Cabinet Signs No 11. Projecting Signs No 12. Projecting Roof Signs No 13. Sus ended Signs No 14. Drive -Through Lane Signs No 15. Freestanding Sign: Monument Signs No 16. Freestanding Sign: Tower Signs No 17. Freestanding Sign: Freeway Signs No 18. Freestanding Sign: Onsite Traffic Signs No 19. Freestanding Sip: Residential Subdivision Entry Signs Yes 20. Freestanding Sip: Multi -Family Complex Entry Signs Yes 21. Freestanding Sign: Directory Signs No 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Page 37 67 of 214 Town of Gilbert Land Development Code 4.411. Nonresidential Uses in Residential Zoning Districts. For non-residential uses in Residential Zoning Districts, the permanent sign types allowed and the applicable permitting plan or program and/or other review process are set forth below in Table 4.411. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.13. Page 38 68 of 214 Table 4.411: Permanent Signs Allowed for Non -Residential Uses in Residential Zoning Districts I. Sign Type Street Address Signs Allowed Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non -Residential Tenant Offices and Suites No 6. Wall Signs at Entrances to Restaurants No 7. Wall Signs at Service and Delivery Entrances No 8. Window Signs No 9. Door Signs No 10. Wall -Mounted Cabinet Signs No 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Signs No 14. Drive -Through Lane Signs No 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs No 17. Freestanding Sign: Freeway Signs No 18. Freestanding Sign: Onsite Traffic Signs No 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi -Family Complex Entry Sies No 21. Freestanding Si2!: Directory Signs No 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Page 38 68 of 214 Town of Gilbert Land Development Code 4.412. Commercial Zoning Districts. In Commercial Zoning Districts, the permanent sign types allowed and the applicable permitting plan, program or other review process are set forth below in Table 4.412. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.412: Permanent Signs Allowed in Commercial Zoning Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non -Residential Tenant Offices and Suites Yes 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Signs at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall -Mounted Cabinet Signs Yes 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Sips No 14. Drive -Through Lane Signs Yes 15. Freestanding Sip: Monument Signs Yes 16. Freestanding Sip: Tower Signs Yes 17. Freestanding Sip: Freeway Sips Yes 18. Freestanding Sign: Onsite Traffic Sips Yes 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sip: Multi -Family Complex EntTy Sips Yes 21. Freestanding Sign: Directory Signs Yes 22. Awning Sips No 23. Marquee Sips No 24. Canopy Sips for Service Islands Yes 25. Historic Markers Yes Page 39 69 of 214 Town of Gilbert Land Development Code 4.413. Heritage Village Center Zoning District. In the Heritage Village Center Zoning District, the permanent sign types allowed and the applicable permitting plan, program or review process are set forth below in Table 4.413. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.13. Table 4.413: Permanent Signs Allowed in the Heritage Village Center Zoning District Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs Yes 5. Wall Signs at Entrances to Non -Residential Tenant Offices and Suites Yes 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Sims at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall -Mounted Cabinet Signs Yes 11. Projecting Signs Yes 12. Projecting Roof Signs Yes 13. Suspended Signs Yes 14. Drive -Through Lane Signs Yes 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs No 17. Freestanding Sign: Freeway Signs No 18. Freestanding Sign: Onsite Traffic Signs Yes 19, Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi -Family Complex Entry Signs Yes 21. Freestanding Sign: Directory Signs Yes 22. Awning Signs Yes 23. Marquee Signs Yes 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Page 40 70 of 214 SIGN ORDINANCE EFFECTIVE 1-17-17 l ' r 2. Dimensions. No manual changeable copy message center shall occupy more than 30 percent of the sign area of a sign. 3. Operations. No changeable copy sign or portion of a sign may have changeable copy that is nailed, pinned, glued, taped, or comparably attached. D. Digital Electronic Message Centers. Digital electronic message centers ("EMCs") may be incorporated into signs in the Cl sign district (see § 6.17.6) and operated only as provided in this subsection. Figure 6.17.5.D. Illustrative Compliant Digital Message Center 1. Number, Design, Dimensions. a. Not more than one sign per property may incorporate an EMC. b. EMCs shall appear to be incorporated into the face of a permanent sign that includes text or graphics that are not part of the EMC. C. EMCs shall not have a pixel pitch that is greater than 20 mm. d. Not more than 40 percent of a permitted sign may be occupied by digital electronic message centers. Operations. a. The displayed message shall not change more frequently than once per eight (8) seconds. b. The sign shall contain static messages only, changed only through dissolve or fade transitions that do not exceed one second. C. The sign shall have automatic dimmer software or solar sensors to control brightness for nighttime viewing and variations in daytime ambient light. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare. 6.17.6 - Sign districts. A. Generally. In recognition that the City is a place of diverse physical character, and that different areas of the City have different functional characteristics, signs shall be regulated based on sign district in which they are located. B. Sign Districts Created. The following sign districts are created: Olde Town (OT), Commercial/Industrial (CI), Multifamily Residential (RM), Single -Family Residential (RS). Sign districts shall correspond to zoning districts as provided in Table 6.17.6, Sign Districts. Page 16 SIGN ORDINANCE EFFECTIVE 1-17-17 Table 6.17.6 SIGN DISTRICTS Sign District Corresponding Zoning Districts or Areas Olde Town (OT) OT -E; OT -EY; OT -GV; OT -OW; OT -W; OT -RR; OT -RN (except for the purposes of Section Multifamily Residential 6.17.10) Commercial/Industrial 13-2; B-4; B-1; NC -MU -A; NC -MU -B; NC -MU -C; CC -D; P-1; I-1; I-2; CC -A; CC -C; CC -E; PUD - (CI) BPR; PUD -BP; PUD -l; NC-C/OF; NC-I/OF; NC -SU Multifamily R -MD; R -M; PUD -R (5+ unit buildings); PUD -BPR (5+ unit buildings) Residential (RM) Sign Not limited Single -Family R -CE; R -E; R -L; R -SL; R -NT; R -I; PUD -R (1 to 4 unit buildings); PUD -BPR (1 to 4 unit Residential (RS) buildings); NC -RB; NC -RC; CC -B; A-1; C-1; NC -AG; NC -OS; NC -RA; OT -RN (only for the 1 sf. per 1 If. of building purposes of Section 6.17.10) 6.17.7 - Additional standards for attached permanent signs. A. Generally. The standards of this § 6.17.7 apply to signs that are attached to buildings (wall signs, window signs, projecting signs, and roof signs), based on the form of the sign. These standards are applied in conjunction with all other applicable standards of § 6.17. B. Wall Signs. Wall signs are allowed according to the standards in Table 6.17.713, Wall Signs. The location of wall signs on a building is restricted by § 6.17.417.3. Table 6.17.713 WALL SIGNS UNMEIM Sign District Commercial -Industrial Multifamily Residential Single -Family Residential Standards Olde Town (OT) (CI) (RM) (RS) Applieor Painted Wall Max. # Sign Not limited Not limited 1 per building elevation 1 per building elevation Max. Sign Area (Total Per 1 sf. per 1 If. of building 1.5 sf. per 1 If. of building 1 sf. per 2 If. of building Residential Building: 1 sf. Building Elevation) elevation, minus the area elevation, minus the area elevation, minus the area Nonresidential Building: 1 of other wall signs on of other wall signs on of other wall signs on sf. per 2 If. of building same elevation same elevation same elevation elevation, minus the area of other wall signs on same elevation Allowed Lighting LIglCmal External External None BoardBulletin Max. # 1 per principal building 1 per principal building 1 per principal building Residential Building: Not entrance entrance entrance allowed Nonresidential Building: 1 per principal building entrance Max. Sign Area (per sign) 6 sf. 12 sf. 6 sf. 6 sf. Allowed Lighting External External External None Other Standards Not allowed above an Not allowed above an Not allowed above an Residential Building: NA elevation of 8 ft. above elevation of 8 ft. above elevation of 8 ft. above Nonresidential Building: adjacent grade adjacent grade adjacent grade Not allowed above an elevation of 8 ft. above adjacent grade Cabinet Wall Signs or Dimensional Wall Signs (Primary) Max. # 1 per building elevation Not limited 1 per building elevation Residential: Not Allowed (dimensional wall sign Nonresidential: 1 per only; cabinet wall signs building (dimensional are not allowed) wall sign only; cabinet wall signs are not allowed) Page 17 SIGN ORDINANCE EFFECTIVE 1-17-17 Table 6.17.7B WALL SIGNS Sign District Sign District Commercial -Industrial Multifamily Residential Single -Family Residential Commercial -Industrial Multifamily Residential Single -Family Residential Standards Olde Town (OT) (CI) (RM) (RS) Max. Sign Area 32 sf. Dimensional wall signs: 32 sf. Residential: NA 1.5 sf. per 1 If. of building Nonresidential: 12 sf. elevation upon which the sign is mounted; Cabinet wall signs: 1 sf. per 2 If. of building elevation upon which the sign is mounted, not exceed 60 sf. Allowed Lighting External or halo External or Internal External or Internal None Other Standards Not allowed on building • Not allowed if primary • Not allowed if primary None elevations that are fin sign is also present on fin sign is also present on located within 10 feet of the same building the same building a property line of a single- elevation elevation family detached or duplex . Not allowed on • Not allowed on residential use. building elevations that building elevations that are located within 24 feet are located within 24 feet of a property line of a of a property line of a single-family detached or single-family detached or duplex residential use duplex residential use Cabinet Wall Signs or Dimensional Wall Signs (Secondary) Max. # 1 per principal building 1 per principal building 1 per principal building Not allowed entrance (dimensional entrance entrance wall sign only; cabinet wall signs are not allowed) Max. Sign Area (per sign) 12 sf. 48 sf. 6 sf. NA Allowed Lighting External or halo External or internal External or internal None Other Standards • Must be located above • Must be located above • Must be located above NA ground floor principal ground floor principal ground floor principal building entrance building entrance building entrance • No partof the sign • No partof the sign • No partof the sign shall be located more shall be located more shall be located more than 15 ft. above than 15 ft. above than 15 ft. above adjacent grade adjacent grade adjacent grade • Not allowed if • Not allowed if • Not allowed if secondary fin sign is also secondary fin sign is also secondary fin sign is also present above the same present above the same present above the same entrance entrance entrance C. Window Signs. Window signs are allowed according to the standards in Table 6.17.7C, Window Signs. Table 6.17.7C WINDOW SIGNS Sign District Standards Commercial -Industrial Multifamily Residential Single -Family Residential Olde Town [OT) (CI) (RM) (RS) WindowAll Max. # Not limited Not limited 1 per window 1 per window Page 18 Sec. 26-709. — Signs by Use and Zone District. 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 and zoning of the property upon which a sign is located. For signs that are permitted (P or L), additional standards are found in Section XX. B. Permanent Signs. Type of Sign Table 1. Permanent Signs by Use and Zoning Single- and two- Multifamily Nonresidential uses in Nonresidential uses in family residential residential uses in all residential zone nonresidential zone uses in all zone zone districts districts districts districts Address numbers P P P P Animated NP NP NP NP Arcade NP NP NP P Barber shop poles NP NP P P Canopy NP NP P P Changeable copy NP NP P P Freestanding NP P P P Murals/sculptures P P P P Projecting NP NP P P Secondary (Informational) NP P P P Traffic control or regulatory P P P P Vehicle P P P P Wall or painted L P P P Window or door P P P P C. Temporary Signs. Table 2. Temporary Signs by Use and Zoning Type of Sign Single- and two- Multifamily Nonresidential uses in Nonresidential uses in family residential residential uses in all residential zone nonresidential zone uses in all zone zone districts districts districts districts Balloon or inflatable NP P P P Banner _ _ L P P P Freestanding L P P P Pennant, streamer, and NP P P P similar devices Yard —Small P P P P Yard — Large Portable I NP P P I P Sec. 26-710. — Permanent Sign Standards. [Option 1— with the tables] A. General. 1. Where a property is eligible for a permanent sign based on Section 26-707, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. Figure 1 supplements the definitions of each sign type provided in this section and in Section 26-702. Roof Sigh Wall Sign—J FmoslAnding , �a 0i] E3 Sign Vii'IrK1ow a+9n sWMIk Figure 1: Types of Permanent Signs B. Address Numbers. [add text here ... from 26-639 or from policy ... do not include a table. 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. Standards: Use/Zone Max. Number Standards Nonresidential uses in 1 per business • Maximum size: 4 square feet nonresidential zone districts • May not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. • Minimum height above street frontage or sidewalk level is 7 feet. • Can extend into right-of-way with an approved right-of-way permit D. Barber Shop Poles. 1. Standards: Use/Zone Max. Number Standards Nonresidential uses in all zone districts 1 per street frontage • Must be wall mounted 0 Cannot exceed 5 feet in height D. Canopy. 1. Standards: Use/Zone Max. Number Nonresidential uses in all zone 1 per street districts frontage or major interior drive Standards May use up to 50% of the allowed wall sign allowance for canopies. E. 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 may include pole -mounted or monument signs. 2. Single tenant signs proposed on multitenant properties must have property owner permission. 3. Standards: Use/Zone Max. Number Standards Multifamily uses in all zone 1 per street • Maximum size: 32 square feet districts frontage • Minimum setback: 5 feet from any property line area over 1,501. • Maximum height: 7 feet Nonresidential uses in 1 per street • Maximum size: 32 square feet residential zone districts frontage • Minimum setback: 5 feet from any property line 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of • Maximum height: 7 feet Nonresidential uses in 1 per street • Maximum size: refer to subsection 3 below nonresidential zone districts frontage, not • Minimum setback: 10 feet if adjacent to residentially zoned canopies cannot be applied toward the freestanding sign allowance. to exceed 2 properties, 5 feet from ROW if under 7 feet tall, 10 feet from ROW per property if 7-15 in height, 30 feet for signs over 15 feet in height • Maximum height: 7 feet in all mixed use zone districts, 50 feet for retail and service businesses within Y. milt of an interstate highway measured from the property line, 15 feet for all other • Signs shall be in landscaped area for all new development or total redevelopment 4. Maximum size for freestanding signs for nonresidential uses in nonresidential zone districts: Floor Area of Building* Single Use Development Multiple Use Development 0-1,500 s.f. 35 s.f. 60 s.f. 1,501-5,000 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. area over 1,501. 5,001-50,000 s.f. 100 s.f. plus 1 s.f. per each additional 500 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area floor area over 5,001. over 5,001. 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of Over 50,001 s.f. floor area over 50,001 up to a maximum size of floor area over 50,001 up to a maximum size of 300 s.f. 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. Sec. 26-710. — Permanent Sign Standards. [Option 2 — with text] A. General. 1. Where a property is eligible for a permanent sign based on Section 26-707, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. Figure 1 supplements the definitions of each sign type provided in this section and in Section 26-702. B. Address Numbers. [add text here ... from 26-639 or from policy ... do not include a table. 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 #. Figure X. 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. 1. Maximum number: 1 per street frontage 2. Height: Cannot exceed 5 feet in height 3. Location: a. For nonresidential, location must be... b. For E. 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: May use up to 50% of the allowed wall sign allowance for canopies. D. 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 may include pole -mounted or monument signs. 2. For multifamily uses in all 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 3. 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 4. 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 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 % milt of an interstate highway measured from the property line iii. 15 feet for all other freestanding signs d. Location: Signs shall be in landscaped area for all new development or total redevelopment Table 3. Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone districts Floor Areaof Building* Single Use Development Multiple Use Development 0-1,500 s.f. 35 s.f. 60 s.f. 1,501-5,000 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. area over 1,501. 5,001-50,000 s.f. 100s * f ' 00s.f. plus 1 s.f. per each additional 500 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area floor area over 5,001. over 5,001. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of Over 50,001 s.f. floor area over 50,001 up to a maximum size of floor area over 50,001 up to a maximum size of 300 s.f. 1 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. Sec. 26-7##. — 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. Permanent Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 7##. C. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 7##. Table 1. Permanent Signs by Land Use Type of Sign Low Density Residential Use Multifamily Residential Use Nonresidential Use Address numbers Animated P NP P NP P NP Arcade NP NP P Barber shop poles NP NP P Canopy NP NP P Changeable copy NP NP P Freestanding NP P P A4urals{seulpfures R R R Projecting NP NP P Secondary(informational) NP P P Traffic control or regulatory P P P Vehicle P P P Wall or painted Window or door L P P P P P C. Temporary Signs. For signs that are permitted (P or L), additional standards are found in Section 26- 7##. Table 2. Temporary Signs by Land Use Type of Sign Low Density Multifamily Use Multifamily Use Residential Use (3-9 units) (10+ units) Nonresidential Use _ Balloon or inflatable NP P P P Banner L P P P Pennant, streamer, and similar devices NP P P P Yard — Small P P P P Yard — Large L P P P Portable NP P P P Sec. 26-7##. — Permanent Sign Standards. A. General. 1. Where a property is eligible for a permanent sign based on Section 26-7##, the standards of this section shall apply. 2. Building permits are required for all permanent signs. 3. Figure 1 supplements the definitions of each sign type provided in this section and in Section 26-702. or put in definitions section. B. Address Numbers. [add text here from 26-639 or from policy ... do not include a table. 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 #. Figure X. Placeholder if needed for certain illustrations. 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. 1. Maximum number: 1 per street frontage 2. Height: Cannot exceed 5 feet in height 3. Location: a. For nonresidential, location must be... b. For E. 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: May use up to 50% of the allowed wall sign allowance for canopies. F. Changeable Copy 1. 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 fifteen (15) seconds. 2. Maximum number: 1 per street frontage, but no more than 2 per development 3. Maximum size: a. For residential, a maximum of 32 square feet per sign, with a maximum height of 7 feet b. For nonresidential, must follow the freestanding and wall signage size regulations (CROSS REFERNCE SECTION NUBMER) 4. Height: a. For residential uses, a maximum of 7 feet b. For nonresidential, must follow the freestanding and wall signage height regulations (CROSS REFERENCE) 5. Location: A minimum 5 foot setback from any property line; changeable copy wall signs are not subject to this setback requirement G. 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 may include pole -mounted or monument signs. 2. Single tenant signs on multitenant properties must provide property owner permission. 3. 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 4. 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 5. 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 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 % milt of an interstate highway measured from the property line iii. 15 feet for all other freestanding signs d. Location: Signs shall be in landscaped area for all new development or total redevelopment Table 3. Maximum sign area for freestanding signs for nonresidential uses in nonresidential zone districts Floor Area of Single Use Development Multiple Use Development Building 0-1,500 s.f. 35 s.f. 60 s.f. 35 s.f. plus 1 s.f. per each additional 50 s.f. of floor 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor 1,501-5,000 s.f. area over 1,501. area over 1,501. 100 s.f. plus 1 s.f. per each additional 500 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area 5,001-50,000 s.f. floor area over 5,001. over 5,001. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of Over 50,001 s.f. floor area over 50,001 up to a maximum size of floor area over 50,001 up to a maximum size of 300 s.f. 4D0 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. ADD CONTENT FROM MISCELLANEOUS REGS H. Projecting. 1. Definition: A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. 2. Maximum number: 1 per street frontage or business 3. Maximum size: 1 square foot 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. I. Secondary (Informational). 1. Definition: A freestanding or wall -type sign, not located within the public street right-of-way, whish tvoicaliv utilized for tzrovidinggives necessary direction or ^^o„ a,.eFtiSiAg information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo OF name Re !aFgeF thaR eRe (I) sqUaFe feat May bee ..._l• dee ^^ each ^^-^Kited .:^^. Secondary signs shall be clearly incidental to the isrimary signage on a aroaertv. 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. If an organization logo is incorporated into the sign the logo shall not exceed 1 square foot in size. 5. Location: J. 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. Maximum number: No limit 3. Maximum size: No limit 4. Height: No limit 5. Location: K. Vehicle. 1. Definition: Signage 13ermanently or semi -permanently affixed to a currently license, operative vehicle which is primarily used bV its ownerfor service, delivery or general trans ortation on a regular basis. 2. Maximum number: None 3. Maximum size: None 4. Height: None 5. Location: All..wed ....I.. f.......- eRtl y liee sed ....e Fats.... vehicles which aFe PFirAa.ily used by its 6. Other: Banners or temporary signs attached to vehicles are not allowed 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: l per street frontage or major interior drive per activity. For uses which have a rear entry or delivery door, 1 nonilluminated wall sign per use. 3. Maximum size: No larger than 1 square foot for every linear foot of the side of the building to which it is affixed. Signs affixed to marquees or awnings shall be considered wall signs and shall be calculated based upon the length of the wall to which they are attached or adjacent to. 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. 4. Height: N/a 5. Location: See maximum number. 6. Other: M. Window or door. 1. Definition: Signage affixed or painted on to a door or window 2. Maximum number: No limit 3. Maximum size: Sign shall not obstruct more than 25 percent of the door or window area 4. Height: N/A 5. Location: 6. Other: Signage covering windows and doors shall not be in violation of the transparency requirements shall be met. See Section 26-### and the Architectural and Site Design Manual. Sec. 26-7##. —Temporary Sign Standards. A. General. 1. Where a property is eligible for a temporary sign based on Section 26-7##, the standards of this section shall apply. 2. Where a property is eligible for a temporary sign based on Section 26-7##, only one temporary sign may be placed on eligible property at any given time 3. Figure # supplements the definitions of each sign type provided in this section and in Section 26-702. or put in definitions section. B. Balloon or inflatable. 1. Definition: Signage consisting of material intended to be filled with air, helium or other ras(?) this is inclusive of air dancers inflatables caricatures, all types of balloons and the like 2. Maximum number: 3. Maximum size: Cannot exceed the maximum permitted building height for the zone district in which they are located measured from existing grade. 4. Height: 5. Location: 6. 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 number: 1 per business or activity 3. 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. 4. Height: S. 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. 6. 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. IE. Pennant, streamer, and other similar devke.1 1. Definition:.A sign made of flexible materials suspended from one or two corners, used in combination with other sign signs_ to creat the impression of a line.' 2. Maximum number: 3. Maximum size: 4. Height: S. Location: 6. 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. IF. Yard —small. ------------------------------------------- ------- ----------------------------------------- 1. Definition: xemporary portable siren constructed of paper, vinyl. -plastic. wood, metal or other - ---. - - at ri I nd designed or intended to be dicalayed for a limited period of time 2. Maximum number: l per unit or business; up to three allowed per unit or business from October 1 through November 30 3. Maximum size: Shall not exceed 8 square feet in size per sign 4. Height: 5. Location: May not be placed within city right-of-way or municipally owned property. G. Yard — large. 1. Definition: Commented [ZW1]: Current regulations are very open. No max size, or height. Max number is the complicated 1x for 60 days, 2x for 30 days, 4x for 15 days. May be reasonable for this type of sign? Commented [ZW2]: From APA planner directory Commented [ZW3]: Standards pulled from current "Political Campaign Signs" Commented [ZW4]: From Brush sign code Commented [ZWS]: standards pulled from current "Real Estate Signs" 2. Maximum number: 1 per street frontage 3. Maximum size: a. For residential, 9 square feet b. For nonresidential, 50 square feet 4. Height: 5. Location: Minimum 5 foot setback H. 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. 2. Maximum number: 1 per business 3. Maximum size: 6 square feet per side per sign 4. Height: 5. Location: Must be setback a minimum of 5 feet from any street right-of-way line if 36 inches or 2 feet if 36 inches or less in height. May be located on a sidewalk provided that adequate clearance exists to meet ADA requirements. 6. Other: A -frame or pedestal style only. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. Must only be displayed during normal hours of operation. Use Table format . r� P = permitted NP = not permitted L = limited ///�►y� Porm�nant• ■ ■ Temporary: , 3vj &^E D" P l 6 YI Sign Type Single and two-fam residential uses in all zone districts Multi -family residential uses in all zone districts Non residential uses in residential zones P Non residential uses in nonresidential zones P Sign Type Single and two -fa y residential uses i all zone districts Mult family residential uses in all zone districts 1111pn residential uses in residential zones on residential uses in nonresidential zones Arcade NP NP NP P Canopy NP NP P P Changeable Copy (LED, EMC) NP NP P P Freestanding NP P P P Projecting NP NP P P P P _ P Wall or painted L Murals/Sculptures P P P P Barber Shop Poles NP NP P P Address number signage P P P P Secondary (Informational) NP P P P Traffic Control or regulatory signs P P P P Vehicle signage P P P P Window or door signs P P P P Temporary: , 3vj &^E D" P l 6 YI Sign Type Single and two-fam residential uses in all zone districts Multi -family residential uses in all zone districts Non residential uses in residential zones P Non residential uses in nonresidential zones P Balloons or other inflatable devices NP P Banners L P P P P Freestanding L P P Pennant, streamers, and similar devices NP P P P Yard — Small P Yard — Large P P P P P P Portablo NP Commented [ZWt]: Moved from permanent category. J� F-1-1 "v '9C-0�eA---c VT Specific regulations Animated Arcade Allowed Non residential uses in nonresidential zones Yes Canopy Yes Max. Size and Height Max. Number Minimum Setback 4 square feet. May not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. Minimum height 7 feet above street frontage or sidewalk level. 1 per business N/A Other Can extend into right-of- way with an approved i right-of-way permit Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Non Yes Yes Maximum of 32 1 per street 5 feet from The time lapse residential square feet per sign. frontage, but any property between the usesin Maximum height 7 no more than line change in residential feet for�ll 2 per information zones May use up to 50% of 1 per street shall not be Non Yes Yes the allowed wall sign allowance for frontage or major interior N/A residential Non residential frontage; but any property canopies. drive wall signage size and uses in line if nonresidential height regulations. 2 per nonresidential zones development N/A if wall zones signage Changeable Copy Type I Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Non Yes Yes Maximum of 32 1 per street 5 feet from The time lapse residential square feet per sign. frontage, but any property between the uses in Maximum height 7 no more than line change in residential feet for�ll 2 per information zones residential zones.i development shall not be Non Yes Yes Must follow the 1 per street 5 feet from less than 15 residential freestanding and frontage; but any property seconds. uses in wall signage size and no more than line if nonresidential height regulations. 2 per freestanding. zones development N/A if wall signage Commented [ZW2]: Removed, as it is not allowed In our code currently. Can add to list of prohibited signs? Commented [ZW3]: delete Freestanding Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Multi -family Yes 1 square foot 1 per street May extend Projecting and residential residential for each 1 foot frontage per into the right- wall sign not uses in uses in all of height of the business of -way with an permissible on residential building wall to Maximum of 32 approved same wall. zones zone districts which the sign is to be right-of-way permit. Maximum projection 10 Non residential square feet per feet. uses in sign. Maximum 1 per street 5 feet from any — Non Yes Yes height of 7 feet for frontage. property line. residential all residential uses in zones. residential mounted. zones Minimum Non Based on table in residential Section 26-708.50 10 feet where_ uses in feet maximum adjacent to nonresidential height allowed for residentially zones retail and service zoned For new businesses within Y. 1 per street properties; 5 feet development or total mile from property frontage not from ROW if redevelopments, all Yes Yes line of an interstate to exceed 2 under 7 feet in new freestanding highway measured per height; 10 feet signs shall be placed from the property development. from ROW for within landscaped line. Any other signs 7 to 15 feet areas. permitted in height; 30 feet freestanding sign for signs over 15 shall not exceed 15 feet in height. feet in height. Projecting Type Allowed Permit Required Max. Size and Height Max. Number Minimum Other Setback Non Yes Yes 1 square foot 1 per street May extend Projecting and residential for each 1 foot frontage per into the right- wall sign not uses in of height of the business of -way with an permissible on residential building wall to approved same wall. zones which the sign is to be right-of-way permit. Maximum projection 10 Non residential attached. feet. uses in Maximum nonresidential height, top of zones wall or parapet; not to be roof mounted. Minimum height, 7 feet from street frontage or sidewalk. Walls or painted Commented [ZW4]: Repetitive in new layout... delete Commented [ZWS]: Roll Into table? May be too much... leave stand alone in current location? Roll into this section... Commented [ZW6]: Use 60% threshold like for public improvements on residential properties? Commented [ZW7]: Recommend changing. Type Allowed Permit Max. Size and Max. Number Minimum Other Required Height Setback Multi -family No larger than residential 1 square foot uses in all zone for every districts linear foot of districts the side of the building to Non residential which it is residential uses in affixed. Signs uses in all zone residential affixed to districts zones marquees or Non awnings shall be considered residential Non residential wall signs and uses in shall be For uses which nonresidential calculated have rear zones based upon 1 per street entry or the length of frontage or delivery door, ry Yes Yes the wall to major interior N/A which they are drive per nonil1 e attached or activity d wall sign p d wall sign per adjacent to. For buildings use with flat foors, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet or mansard, shall not extend more than 3 feet above the deck line. Commented [ZWB]: Allowance currently is the same for re 'dentia) and non residential. But If the deve nt man words will count to a allowable wall signage," singe y homes are now We wall signage so are the refore a Is without wording. Seems I' weird thing to regulate, but Ps that is ho ill be.. �/ C V"- 6& s�9w owed Permit Max. Size and Max. Number Minimum Other Required Height Setback Single and two-family residential uses in all zone districts Multi -family residential uses in all zone districts Non residential Commented [ZWB]: Allowance currently is the same for re 'dentia) and non residential. But If the deve nt man words will count to a allowable wall signage," singe y homes are now We wall signage so are the refore a Is without wording. Seems I' weird thing to regulate, but Ps that is ho ill be.. �/ C V"- 6& s�9w uses in Allowed Permit Max. Size and Max. Number Minimum Other Required Height . Setback Non Max. Number residential Other residential uses in all Yes No 5 feet in 1 per street N/A Must be wall No limit Setback length frontag� mounted zones Yes No None No limit N/A See Sec 26- Non Yes None Any words residential 639. depicted will uses in within a required sight directional (i.e. "in, "'out,' count towards nonresidential distance triangle, or 48 the allowable zones inches where outside of a wall signage. Barbershop poles Type Allowed Permit Max. Size and Max. Number Minimum Other Required Height . Setback Non Max. Number residential Other Cannot exceed uses in all Yes No 5 feet in 1 per street N/A Must be wall No limit Setback length frontag� mounted Address number signage Allowable in all Type Allowed Permit Max. Size and Max. Number Minimum I Other All Yes Required Height No limit Setback (i.e. "restrooms," "no All Yes No N/A N/A N/A See Sec 26- exceed 36 inches in height if 639. Secondary (informational) Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other All Yes No 4 square feet per side. If No limit None (i.e. "restrooms," "no freestanding, shall not smoking," "wheel chair exceed 36 inches in height if entrance," etc.), or within a required sight directional (i.e. "in, "'out,' distance triangle, or 48 "ramp," "drive-thru," etc.). inches where outside of a May be wall -mounted, sight distance triangle. If an freestanding or attached to organization logo is other freestanding signs or incorporated into the sign, canopies, but shall not be the logo shall not exceed 1 counted against the square_ foot in size. allowable size of another type of permitted sign. May be illuminated by internal light only. Commented [ZW10]: delete Commented [ZW9]: delete Commented [ZW11]: Will need to adjust this language; or at lease limit the number or some other development feature. Traffic control or regulatory signs Allowable in all zone districts as required by regulation or statute of the federal, state, or municipal government. Type I Allowed Permit i Required Max. Size and Height Max. Number I Minimum Setback Other All Yes No No limit No limit None Permitted even if it visible Vehicle signage Allowable only for currently license, operative vehicles which are primarily used by its owner for service, delivery or general transportation on a regular basis Type Allowed Permit Max. Size Max. Minimum Other All Yes Required and Height Number Setback Permitted even if it visible All Yes No None None N/A Banners or temporary signs uses in all obstruct to 60 days, attached to vehicles are not zone districts more than or 2 times allowed. Window or door signs Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other All Yes No Sign shall N/A N/A Permitted even if it visible residential not year for up from outdoors. Those signs uses in all obstruct to 60 days, which advertise temporary zone districts more than or 2 times uses such as rummage sales, 25 percent per year for up to garage sales and open houses Non residential of the door building height 30 days shall be located on private public streets, or undue hazard uses in all or window for the zone each time, property. to motorists of pedestrians. zones area district in or up to 4 Temporary: Balloons or other inflatable devices Type Allowed Permit Re uired Max. Size and Height Max. Number Minimum Setback Other Multi -family Yes Yes Balloons and 1 time per None Permitted only to advertise residential required year for up special events. Shall be securely uses in all tethers can not to 60 days, anchored or attached so as to zone districts exceed the or 2 times prevent dislocation, maximum permitted per year for up to entanglement or encroachment onto adjacent properties or Non residential building height 30 days public streets, or undue hazard uses in all for the zone each time, to motorists of pedestrians. zones district in or up to 4 Roof mounting is permitted. which they are times per located ear for up measured from to 15 days existing grade. each time LCommented [ZWt2]:delete Commented [ZW13]: delete Banners Type Multi -family residential uses in all zone districts Non residential uses in all zone districts Allowed Yes Permit Required Max. Size and Height Max. Number Minimum Setback Other No Total size 1 per use N/A Shall be securely anchored or Shall not for any or activity. Shall not be attached so as to prevent actively listed for sale or single or exceed 32 frontage dislocation, entanglement or illuminated. combined rent; or for properties Yes encroachment onto adjacent allowed. banners Must be anchored to the properties or public streets, or affixed to a undue hazard to motorists of wall based exceed 7 feet pedestrians. May be placed on one half upon a building wall but shall in height. (1/2) the not be attached to fencing, allowance landscaping, freestanding posts for wall or utility poles. Banners may be signs. placed only on walls facing a public street or major interior drive. Type AllowecA Permit Required Max. Size and Height Max. Number Minimum Setback Other All Allowable for properties No Shall not 1 per street 5 feet Shall not be Multi -family actively listed for sale or exceed 32 frontage Must be illuminated. residential rent; or for properties Yes square feet. allowed. setback a Must be anchored to the with an active building Shall not permit exceed 7 feet in height. Portable Type Allowed Permit Max. Size Max. Minimum Other Required and Height Number Setback Multi -family 6 square Must be A -frame or pedestal style only. residential Yes Yes feet per setback a Must be anchored to the Commented [ZW14]: Added; meant to be inclusive of for sale signs, construction signs. Standards based on existing standards for construction stens I Commented [ZW15]: Moved over from permanent sign category uses in all minimum of 5 ground or weighted sufficiently zone districts 71,er feet from any to prevent movement by wind. Yes street right -of- Must only be displayed during Non 1 per way line if 36 normal hours of operation. residential organization inches or 2 feet May be located on a sidewalk uses in all or activity if 36 inches or provided that adequate zones less in height. clearance3 exists to meet ADA two-family square feet requirements. 1�•�u Type Allowed_ Permit Max. Size Max. Required and Height I Number Minimum Setback Other All Yes No Shall not NO Limit. None Shall not be located in public Setback Single and exceed 8 right-of-way or on municipally two-family square feet owned property. re'iderd al in size per uses in all _ sign. Pennant, streari`ers, and other similar devices Type Allowed Permit Max. Size and Max. Number Minimum Other Required He' ht Setback Single and two-family re'iderd al uses in all _ ---- zone districts -- Multi -family residential uses in all zone districts Non residential usesin residential zones Non Yes Yes None 1 time per year None Shall be residential for up to 60 securely uses in days or 2 times anchored or nonresidential per year for up attached so as zones to 30 days to prevent each time, or 4 dislocation, times per year entanglement for up to 15 or days each time encroachment onto adjacent properties or public streets orundue hazard to motorists or pedestrians. Commented [ZW16]: Added; meant to be inclusive of political signs; based on residential political campaign signs, Commented [ZW17]: Delete. Replace with: 1 sign permitted, with the exception of October 1 through November 30, when 3 are permitted. J A Separate categories/sections • Animated • Public and Semi -Public Signs Removed • Residential Subdivision identification signs Section 26-708: Noor Area or Single Use Development Multiple Use Development 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 s.f. of floor 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor s.f. area over 1,501. area over 1,501. 5,001— 100 s.f. plus 1 s.f. per each additional 500 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area 50,000 s.f. floor area over 5,001. over 5,001. 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of Over 50,001 floor area over 50,001 up to a maximum size of floor area over 50,001 up to a maximum size of s.f. 300 s.f. 400 s.f. *In computing i allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. V P = permitted NP = not permitted L= limited Permanent: 0 p% Ort Sf� 47e Sign Type Single and two- family residential uses in res ential and no �jQlki\al es ((//`` ulti-family residential uses in residential and nonresidential zones Non residential uses in residential zones Non residential uses in nonresidential zones Arcade residential zones Canopy NP NP P P Changeable Copy (LED, EMC) NP NP NP P Freestanding NP P P P —� L P P P Wall or painted L P P P Murals/Sculptures P P P P Barber Shop Poles NP NP P P Address number signage P P P P Secondary (informational) NP P P P Traffic Control or regulatory signs P P P P Vehicle signage P P P P Window or door signs P P P P Temporary: Commented [ZW1]: Definition isltnclearwhat the signage is meant to allow for. Outdated? Commented [ZW2]: Temporary? Sign Type Single and two-family Multi -family Non residential uses in Non residential uses in residential uses in residential uses in residential zones nonresidential zones residential and residential and nonresidential zones nonresidential zones Balloons or other NP P P P inflatable devices Banners L P P P Freestanding L P P P Pennant, streamers, NP P P P and similar devices Yard P P P P 1164 cam.. Arcade Canopy Type Allowed Permit Max. Size Max. Minimum Other Single and No Required and Height I Number Setback Single and two-family residential uses in residential residential and nonresidential zones Not allowed Multi -family residential uses in residential and nonresidential zones and Non Yes Yes 1 square 1 per street N/A residential foot per frontage or uses in every 2 major residential linear feet interior zones of building drive frontage Non residential uses in j nonresidential / zones Changeable Copy Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Single and No two-family residential uses in residential and Use Table format P = permitted NP = not permitted L = limited Permanent: Sign Type Single and two-family Multi -family Non residential uses Non residential uses residential uses in all residential uses in all in residential zones in nonresidential zone districts zone districts zones Arcade NP NP NP P Canopy NP NP P P Changeable Copy NP NP P P (LED, EMC) L P P P Freestanding NP P P P Pro'ectin NP NP P P Wall or painted L P P P Murals/Sculptures P P P P Barber Shop Poles NP NP P P Address number P P P P signage Secondary NP P P P (Informational) Traffic Control or P P P P regulatory signs Vehicle signage P P P P Window or door P P P P signs Temporary: Sign Type Single and two-family Multi -family Non residential uses in Non residential uses in residential uses in all residential uses in all residential zones nonresidential zones zone districts zone districts Balloons or other NP P P P inflatable devices Banners L P P P Freestanding L P P P Pennant, streamers, NP P P P and similar devices Yard—Small P P P P Yard — Large Portable I NP P P P Commented ]ZW7]: Moved from permanent category. Specific regulations �nimated---------------------------------------------------------------------------------------------------------- _________--'Commented[ZW2]:Removed,asitisnotallowedinour code currently. Can add to list of prohibited signs? Arcade Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback _ Other Can extend Non _ Yes 4 square feet. May not 1 per street 5 feet from residential residential extend above the square feet per sign. frontage, but into right -of - uses in uses in bottom of eave, Maximum height 7 no more than way with an nonresidential residential balcony, canopy, feet for �II 2 per approved zones zones awning or other 1 per street develo ment-shall right-of-way not be_____ Yes Yes structural overhang or 1 per business N/A permit Non residential passageway to which canopies. drive uses in usesin wall signage size and it is affixed. Minimum line if nonresidential nonresidential 2 per height 7 feet above zones zones N/A if wall street frontage or signage sidewalk level. Canopy Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Non Non Yes Yes Maximum of 32 1 per street 5 feet from residential residential square feet per sign. frontage, but any property uses in uses in Maximum height 7 no more than line residential residential feet for �II 2 per zones zones May use up to 50% of 1 per street develo ment-shall not be_____ Yes Yes the allowed wall sign allowance for frontage or major interior N/A 5 feet from less than 15 Non residential freestanding and canopies. drive uses in usesin wall signage size and no more than line if nonresidential nonresidential 2 per freestanding. zones zones N/A if wall Changeable Copy Type Allowed Permit Re uired Max. Size and Height Max. Number Minimum Setback Other Non Yes Yes Maximum of 32 1 per street 5 feet from The time lapse residential square feet per sign. frontage, but any property between the uses in Maximum height 7 no more than line change in residential feet for �II 2 per information zones residential zones.1 develo ment-shall not be_____ Non Yes Yes Must follow the 1 per street 5 feet from less than 15 residential freestanding and frontage; but any property seconds. uses in wall signage size and no more than line if nonresidential height regulations. 2 per freestanding. zones development N/A if wall signage Commented [ZW3]: delete Freestanding Type Allowed Permit Max. Size and Max. Number Minimum Other i per street Required Height frontage per Setback Multi -family of height of the business building wall to residential which the sign uses in all is to be attached. zone districts Maximum of 32 height, top of square feet per wall or parapet; Yes Yes sign. Maximum height of 7 feet for 1 per street frontage. 5 feet from any property line. Non residential all residential Minimum uses in height, 7 feet zones-- residential --------------- ------------------------- zones sidewalk. Based on table in Non residential Section 26-70 .50 10 feet where uses in ---------------------- feet maximum -------------'------- ------------------------- adjacent to nonresidential height allowed for residentially zones retail and service zoned For new businesses within Y 1 per street properties; 5 feet development or Itotal mile from property frontage not from ROW if redevelopmen all Yes Yes line of an interstate to exceed 2 under 7 feet in new freestanding highway measured per height; 10 feet signs shall be placed from the property development. from ROW for within landscaped line. Any other signs 7 to 15 feet areas. permitted in height; 30 feet freestanding sign for signs over 15 shall not exceed 15 feet in height. feet in height. Projecting Type Non residential uses in residential zones Non residential uses in nonresidential zones Walls or painted I Allowed Yes Permit Required Max. Size and Height Max. Number Yes i square foot i per street for each 1 foot frontage per of height of the business building wall to which the sign is to be attached. Maximum height, top of wall or parapet; not to be roof mounted. Minimum height, 7 feet from street frontage or sidewalk. Minimum Setback May extend into the right- of-way with an approved right-of-way permit. Other Projecting and wall sign not permissible on same waILL-_ Maximum projection 10 feet. (Commented [ZW4]: Repetitive in new layout... delete Commented [ZW5]: Roll into table? May be too much— leave stand alone in current location? Roll into this section... [Commented [ZW6]: Use 60% threshold like for public improvements on residential properties? ] Commented [ZW7]: Recommend changing. Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Multi -family No larger than Required Height residential 1 square foot Single and uses in all zone for every districts linear foot of two-family the side of the Non building to residential which it is uses in affixed. Signs residential affixed to districts zones marquees or awnings shall Multi -family Non be considered residential wall signs and uses in shall be uses in all zone For uses which nonresidential calculated have rear zones based upon 1 per street entry the length of frontage or deliverydoor, Yes Yes the wall to major interior N/A residential which they are drive per 1 nonilluminate attached or activity d wall sign per adjacent to. For buildings use with flat foors, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet or mansard, shall not extend more than 3 feet above the deck line. Type Allowed Permit Max. Size and Max. Number Minimum Other Required Height Setback Single and two-family residential uses in all zone districts Multi -family residential uses in all zone districts Non residential 1 Commented [ZWB]: Allowance currently is thea for residential and non residential. But if the development standard is "any words will count towards the allowable wall signage;' single and two family homes are now allowed wall signage so are they therefore allowed murals without wording. Seems like a weird thing to regulate, but perhaps that is how it will be... uses in Allowed Permit Required Max. Size and Height Max. Number Minimum Setback residential Non Required Height zones residential Yes No Cannot exceed Non Yes No None No limit None Any words residential N/A Must be wall inches where outside of a depicted will uses in mounted sight distance triangle. Ilf an freestanding or attached to count towards nonresidential organization logo is other freestanding signs or the allowable zones canopies, Ibut shall not be the logo shall not exceed 1 wall signage. Barber shop poles Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Non Required Height Setback residential Yes No Cannot exceed N/A 1 N/A See Sec 26- uses in all Yes No 5 feet in 1 per street N/A Must be wall inches where outside of a frontage mounted sight distance triangle. Ilf an freestanding or attached to length organization logo is Address number signage Allowable in all Type Allowed Permit Max. Size and Max. Number Minimum Other No 4 square feet per side. If Required Height Setback All Yes No N/A N/A 1 N/A See Sec 26- directional (i.e. "in," "out," 1 distance triangle, or 48 639. Secondary (informational) Type Allowed Permit Max. Size and Height Required Max. Number No limit Minimum Other Setback None (i.e. "restrooms," "no All Yes No 4 square feet per side. If freestanding, shall not smoking," "wheel chair exceed 36 inches in height if entrance," etc.), or i within a required sight directional (i.e. "in," "out," distance triangle, or 48 ramp," "drive-thru," etc.).l_ inches where outside of a _ May be wall -mounted, sight distance triangle. Ilf an freestanding or attached to organization logo is other freestanding signs or incorporated into the sign, canopies, Ibut shall not be the logo shall not exceed 1 counted against the square foot in size -I allowable size of another ----------- ----- -------------------- -------- type of permitted signi May be illuminated by internal light only. Commented [ZW70]: delete Commented [ZW9]: delete --- Commented [ZW11]: Will need to adjust this language; 1 or at lease limit the number or some other development J feature. Traffic control or regulatory signs Allowable in all zone districts as required by regulation or statute of the federal, state, or municipal government. Type Allowed Permit Max. Size and Required Height Max. Number Other All Yes No No limit No limit ENone N/A Vehicle signage Allowable only for currently license, operative vehicles which are primarily used by its owner for service, delivery or general transportation on a regular basis Type Allowed Permit Max. Size Max. Minimum Other Other Required and Height Number Setback N/A All Yes No None None N/A Banners or temporary signs uses in all from outdoors. Those signs tethers can not to 60 days, obstruct attached to vehicles are not which advertise temporary or 2 times prevent dislocation, more than allowed. Window or door signs Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other All Yes No Sign shall N/A N/A Permitted even if it visible required year for up not special events]Shall uses in all from outdoors. Those signs tethers can not to 60 days, obstruct zone districts which advertise temporary or 2 times prevent dislocation, more than maximum uses such as rummage sales, entanglement or en Non 25 percent permitted for up to garage sales and open houses onto adjacent prope residential of the door 30 days shall be located on private uses in all for the zone or window to motorists of pede property. district in or up to 4 area Roof mounting is pe Temporary: Balloons or other inflatable devices Type Allowed Permit Required Max. Size and Hei ht Max. Number Minimum Setback Other Multi -family Yes Yes Balloons and 1 time per None (Permitted only to ac residential required year for up special events]Shall uses in all tethers can not to 60 days, anchored or attache zone districts exceed the or 2 times prevent dislocation, maximum per year entanglement or en Non permitted for up to onto adjacent prope residential building height 30 days public streets, or un uses in all for the zone each time, to motorists of pede zones district in or up to 4 Roof mounting is pe which they are times per located ear for up measured from to 15 days I existing grade. each time vertise be securely_ d so as to :roachment rties or due hazard strians. rmitted. Commented [ZW12]: delete 1 Commented [ZW131: delete Banners Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other Multi -family Yes No Total size 1 per use N/A Shall be securely anchored or residential rent; or for properties square feet. for any or activity. Must be attached so as to prevent uses in all Shall not Yes single or setback a dislocation, entanglement or zone districts combined encroachment onto adjacent banners properties or public streets, or affixed to a undue hazard to motorists of wall based pedestrians. May be placed on one half upon a building wall but shall (1/2) the not be attached to fencing, allowance landscaping, freestanding posts for wall or utility poles. Banners may be Non signs. placed only on walls facing a residential public street or major interior uses in all drive. zone districts rreestandin Type Allowed Permit Required Max. Size and Height Shall not Max. Number 1 per street Minimum Setback 5 feet Other Shall not be All Allowable for properties No actively listed for sale or exceed 32 frontage Setback illuminated. Multi -family rent; or for properties square feet. allowed. Must be A -frame or pedestal style only. with an active building Shall not Yes feet per setback a permit exceed 7 feet in height. Portable Type Allowed Permit Max. Size Max. Minimum Other Required and Height Number Setback Multi -family 6 square Must be A -frame or pedestal style only. residential Yes Yes feet per setback a Must be anchored to the Commented [ZW14]: Added; meant to be inclusive of for sale signs, construction signs. Standards based on existing standards for construction signs Commented[ZW151:Moved over from permanent sign category uses in all Allowed Permit Required side per minimum of 5 ground or weighted suff zone districts Other All sign feet from any to prevent movement b� Shall not No Limit None Shall not be located in public Setback 1 per street right -of- Must only be displayed i way line if 36 normal hours of operatic Non I residential organization inches or 2 feet May be located on a side uses in all or activity if 36 inches or provided that adequate zones residential less in height. clearance3 exists to me( 1 requirements. Yard ciently r wind. luring !walk I ADA Type Allowed Permit Required Max. Size and Height Max. Number Minimum Setback Other All Yes No Shall not No Limit None Shall not be located in public Setback Single and exceed 8 right-of-way or on municipally square feet owned property. in size per residential sign. Pennant, streamers, and other similar devices Type Allowed Permit Max. Size and Max. Number Minimum Other Required Height Setback Single and two-family residential uses in all zone districts Multi -family residential uses in all zone districts Non residential usesin residential zones Non Yes Yes None 1 time per year None Shall be residential for up to 60 securely uses in days or 2 times anchored or nonresidential per year for up attached so as zones to 30 days to prevent each time, or 4 dislocation, times per year entanglement for up to 15 or days each time encroachment onto adjacent properties or public streets or undue hazard to motorists or pedestrians. Commented [ZW16]: Added; meant to be inclusive of political signs; based on residential political campaign signs, Commented [ZW17]: Delete. Replace with: 1 sign permitted, with the exception of October 1 through November 30, when 3 are permitted. Separate categories/sections • Animated • Public and Semi -Public Signs Removed • Residential Subdivision identification signs Section 26-708: Floor Area of Single Use Development Multiple Use Development Building 0-1,500 s.f. 35 s.f. 60 s.f. 1,501-5,000 35 s.f. plus i s.f. per each additional 50 s.f. of floor 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor s.f. area over 1,501. area over 1,501. 5,001— 100 s.f. plus i s.f. per each additional 500 s.f. of 150 s.f. plus 1 s.f. per each 300 s.f. of floor area 50,000 s.f. floor area over 5,001. over 5,001. 190 0, plus 1 s.f, per each additional 1,000 s.f. of 300 s.f. plus 10, per each additional 1,000 0. of Over 50,001 floor area over 50,001 up to a maximum size of floor area over 50,001 up to a maximum size of s.f. 300 s.f. 400 s.f. 1 *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. City of Wheat�dge CoMMUNrTY DEVELOPMENT Memorandum TO: Mayor and City Council FROM: Gerald Dahl, City Attorney Kenneth Johnstone, Community Development Director THROUGH: Patrick Goff, City Manager DATE: April 19, 2017 (for May 1 City Council study session) SUBJECT: Sign code regulations ISSUE• In June of 2015, the United States Supreme Court decided the case of Reed 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 Council direction 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 Council may deem necessary in an effort to modernize said regulations. Reed v. Town oL Gilbert Arizona Sigp 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) from what the sign says to the physical type of sign (monument sign, roof sign, projecting sign, pole sign, etc.) This is a very successful technique. I should also mention that 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. Miscellaneous Sign Code Modifications The City has not comprehensively updated the sign code for many years and Staff is not proposing such a review and amendment as part of this Reed update. That said, there are a handful of minor amendments that staff would suggest City Council consider. • Illumination of LED signs. LED signs have become increasingly common and are typically used for changeable copy signs in various zoning districts and locations throughout the City. Please note that billboard signs are not allowed to have changeable copy, so LED signs are not typically seen on billboards in Wheat Ridge. The City does not currently regulate levels of illumination on LED signs. Over the past several years, there have been occasions where complaints have been received about LED signs being overly and unnecessarily bright, particularly during evening hours. LED sign technology typically makes it possible to adjust a signs illumination relative to the ambient illumination; in other words, make the sign less bright when it is dark out and the sign is not competing with ambient light. Staff would recommend incorporating such requirements in this code amendment. • Off -premise business district sign identification. Some business districts, including the West 29`h Business District have expressed interest in accommodating small off-site directional signs on major thoroughfares directing the traveling public toward their business district. These would likely be located in the public right of way. The sign code allows some off -premise signs in the public right of way, generally only for churches and service organizations. Staff requests Council direction whether they desire to allow additional off -premise signs, being mindful of keeping those regulations content -neutral consistent with the Reed decision. • Temporary Signs. Sign "spinners" are a somewhat common practice whereby people are used to "spin" temporary signs, either on private property or in some cases in the public right of way. "Flutter flags" are temporary pennant type signs which are often used by businesses to advertise and these too are often located proximate or in the public right of way. Staff requests Council direction whether they desire to further regulate these types of temporary signs. 2 RECOMMENDATIONS: 1. In order to bring the City sign code into compliance with the Reed decision, and to accomplish the other revisions described above, staff requests a consensus from City Council to direct that the City sign code, Code Section 26-701 et. seq., be revised and the revised outline draft reviewed with the Council at a future study session. 2. Staff would request additional direction on the 3 categories of miscellaneous sign code amendments noted above and any other additional sign code amendments that Council may determine are needed at this time. NEXT STEPS: 1. Staff has conducted an initial review of the existing sign code (Article VII, Chapter 26) with the City Attorney and anticipates some significant changes to comply with the Reed decision. As such, in moving forward with revisions, Staff will be looking to make Article VII more user friendly for our citizens and businesses. 2. Due to the wide sweeping changes needed, it may be possible that the entirety of Article VII of Chapter 26 (Sign Code) is presented for Council's consideration as a full repeal and reenactment. 3. As an amendment to Chapter 26, these amendments will also require review and recommendation by the Planning Commission. 3058-239-01Weinstein.3d Pages: [569-624] Date: [February 12, 2016] Ti—: [19:38] 610 THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 precedent rejecting the notion the aesthetics should be deemed a com- pelling interest.219 In contrast, because Justice Breyer's concern ex- tends well beyond sign regulation, it may well sound an appropriate note of caution. M. Suggestions for Legal and Planning Practice: A Risk Management Approach While the Supreme Court's Reed decision is still very young and the decision's complete impact remains to be seen, lawyers, planners, and local government officials can take steps now to minimize legal risk in the wake of the court's decision. Even before Reed, most local sign codes contained at least some provisions of questionable constitu- tionality, and the authors acknowledge that developing a 100% content neutral sign code may be impossible for some, or even most, local gov- ernments. Further, as Justice Kagan noted, such a code might not func- tion well in addressing legitimate aesthetic and traffic safety concerns. Sign code drafting is an often imprecise exercise, subject to the influ- ences of planning, law, and, perhaps most importantly, local politics. Planners and local government lawyers should therefore view sign reg- ulation with an eye toward risk management. If the local government is willing to tolerate some degree of legal risk, it may be appropriate to take a more aggressive, if less constitutionally -tested approach to sign regulation. Conversely, if the local government is unwilling to accept the risks associated with more rigorous regulation of signs, it would be advisable to adopt a more strictly content neutral if less aestheti- cally effective—approach. In a risk management approach to sign regulation, the local govern- ment's adopted regulations should reflect a balance between the com- munity's desire to achieve certain regulatory objectives and the commu- nity's tolerance for legal risk." Regardless of some of the uncertainties that we have presented in this article, Reed's outcome increases the level of legal risk associated with many aspects of sign regulation. In keeping with our recommendations, communities are advised to review sign regulations for potential areas of content discrimination and to take precautions against potential sign litigation, but the authors also advise communities to consider (or perhaps reconsider) the level of legal risk 219. See, e.g., Solantic, 410 F.3d at 1267; Whitton, 54 F.3d at 1409; Arlington Cnty. Repub. Comm. v. Arlington Cnty., 983 F.2d 587, 594 (4th Cir. 1993). 220. See CONNOLLY & WYCKOFF, infra note 230, at 1-3 to 1-4. 3058-239-O1Weinstein.M Pages: [569-624] Date: [February 12, 20161 Time: [19:38] SIGN REGULATION AFTER REED 611 that the community is willing to tolerate in order to preserve the aes- thetic character of the community and to further the safety interests of community members. In some areas of sign regulation and for some local jurisdictions, preservation of aesthetic character may run counter to minimizing legal risk, and it will be up to planners, lawyers, political leaders, and community members to determine the appropriate balance between the community's desired planning outcomes and the community's risk tolerance. In all communities, special care should be taken to avoid regulating signs that have minimal impact on the community's established inter- ests in sign regulation. For example, avoiding regulation of signs which are not visible from a public right-of-way, or which are small enough in size so as to have a negligible visual impact is good sign regulation practice and is in keeping with the notion that regulations should only go as far as necessary to further the interests of the regu- lating body. In the same vein, communities should focus on addressing "problem areas" of sign regulation specific to the community instead of regulating for problems that do not exist. Employing this approach to sign regulation will likely result in the outcomes desired by the community while providing an appropriate level of protection against costly and time-consuming litigation. With these observations in mind, this section provides some practi- cal advice for lawyers and planners navigating sign regulation issues in the post -Reed world. A. Review Local Sign Codes Now for Areas of A e6DL-k'JC Content Bias Because local sign codes frequently contain at least some areas of con- tent bias, in the immediate future, lawyers and planners should under- take a microscopic review of local sign codes to determine where and how the code engages in the types of content discrimination called into question by Reed. Local sign codes are often an amalgam of reaction- ary regulatory provisions that respond to discrete sign regulation prob- lems that have arisen in the community. Furthermore, the most com- mon sense reactions to many sign regulation problems may be the reactions that raise the greatest problems in First Amendment analysis; for example, addressing a proliferation of temporary political signs by imposing strict regulations on such signs could be catastrophic from a liability perspective. Therefore, even sign codes enacted comprehen- sively can contain elements of content bias that would be invalidated by a court following Reed. 3058-239-01Weinstein3d Pages: [569-624] Date: [Febmary 12, 20161 Time: [19:38] 612. THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 Where a municipal attorney or local planner lacks certainty as to whether a particular provision is content neutral, contact a lawyer well -versed in First Amendment issues and sign regulation. Even if a sign code "fix" is not possible in the near term, knowing the sign code's areas of vulnerability, and coaching permitting and enforce- ment staff to limit potential problems, can be a crucial step toward protecting a local government from liability. To guide the process of reviewing local codes for content based pro- visions, we have created a short list of critical areas to review. 1. REVIEW EXCEPTIONS TO PERMITTING REQUIREMENTS Exceptions to permitting requirements are common features of sign codes, but these exceptions often raise constitutional problems. The Gil- bert sign code at issue in Reed mirrored many codes in place throughout the nation; the code had a general requirement that all signs obtain a permit, with several categories of excepted signs. 221 Exceptions from permitting can be problematic from both a content neutrality and narrow tailoring perspective. On the content neutrality side, local governments should closely review how the excepted signs are defined. For example, are there exceptions to permitting requirements for political signs, elec- tion signs, campaign signs, religious signs, real estate signs, construc- tion signs, address signs, governmental flags, or any other types of signs that might be defined by the message(s) displayed on the signs? On the narrow tailoring side, local governments should consider whether the exceptions to permitting requirements further the asserted purpose for the sign code or are at least sufficiently limited to avoid un- dercutting the stated purpose. For example, if a code contains the ex- press goal of eliminating sign clutter to improve traffic safety and aes- thetics, does allowing "Grand Opening Signs" somehow nullify that aesthetic interest—or nullify the government's interest in prohibiting myriad other temporary signs? Or if a code allows certain types of un - permitted noncommercial signs to be larger than real estate signs, is the government undermining its general interest in reducing driver distrac- tions (since drivers can be distracted just as easily by political signs as by real estate signs)? Removing content -based definitions from excep- tions to permitting requirements, and reconsidering whether the 221. See, e.g., DENVER, COLO. ZONING CODE § 10.10.3.1 (containing a list of signs not subject to a permit). 3058-239-01Weino.in3d Pages: [569-6241 Date: [February 12, 20161 Time: 119:381 SIGN REGULATION AFrER REED 613 exceptions undermine the regulatory purposes of the sign code will as- sist local governments in mitigating liability going forward. 2. REDUCE OR ELIMINATE EXCEPTIONS AND SIGN CATEGORIES Section III.A.1 instructs lawyers and planners to review exceptions to permitting requirements, thus it follows that the number of permitting exceptions should be reduced wherever possible, while maintaining those permitted exceptions—and their definitions—that are necessary to reduce litigation risk or achieve stated goals of the sign code. The same holds true for differentially -treated categories of signs. The Gil- bert sign code in Reed contained 23 categorical exceptions to the town's basic permitting requirement. While neither of the authors was present for the enactment of these 23 exceptions, we can assume without any comprehensive investigation that at least some of these exceptions—and the differential treatment between the various catego- ries of exceptions—were not necessary to achieve the code's stated goals of traffic safety and community aesthetics. It is the authors' ob- servation from our combined experience in sign regulation that exces- sive "slicing and dicing" of sign categories frequently leads to more litigation and liability for local governments. Thus, local governments are encouraged to exercise restraint in creating permitting exceptions and avoid multiple categories of permitted exceptions. The foregoing is not to say, however, that local governments should avoid all exceptions to permitting and require permits for all signs. Permitting requirements carry additional constitutional obligations for local governments, most importantly the obligation to avoid un- constitutional prior restraints on speech. For a permitting requirement to avoid such concerns, it should contain adequate procedural safe- guards. Such a requirement should provide strict yet brief review time- frames to which the local government must adhere and must not vest unbridled discretion in local government officials, i.e., the code should contain clearly -articulated approval criteria for signs subject to a per- mit.222 If a local government opts to require that noncommercial signs be permitted prior to installation, the code should avoid content discri- mination in the requirements for permitted noncommercial signs. Pre- cisely because of prior restraint concerns and the sensitivity of non- commercial sign owners to prior restraints, many local governments 222. See, e.g., Cafe Erotica of Fla., Inc. v. St. Johns Cnty., 360 F.3d 1274, 1282 (11th Cir. 2004); Lusk v. Vill. of Cold Spring, 475 F.3d 480, 485-87 (2d Cir. 2007). 3058-239-01Weinstein.3d Pages: [569-624] Date: [February 12, 20161 Time: [19:38] 614 THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 opt to except certain forms of noncommercial signage from permitting requirements. If the sign code drafters desire to except political signs from a permitting requirement, that exception—and the treatment of the excepted signs in • terms of size, height, lighting, etc.—should apply equally to all noncommercial signs, regardless of the message on the sign. 3. REMOVE "PROBLEM" DEFINITIONS SUCH AS "POLITICAL SIGNS," "RELIGIOUS SIGNS," "EVENT SIGNS," "REAL ESTATE SIGNS," AND "HOLIDAY LIGHTS" To avoid post -Reed liability associated with certain types of noncom- mercial speech, local governments should remove or reconsider poten- tially problematic categories and definitions in sign codes. Some of these problem definitions include "political signs," "religious signs," "event signs," "real estate signs," and "holiday lights." These catego- ries are problematic for two reasons. First, when used in local sign codes, these categories typically rely upon the subject matter or mes s _ rge of the sign itself to define the category, which is- presumptively unconstitutiofter Reed, thus giving rise to potential liability for the go ev rnment.223 The second reason is that, in most cases, these cat- egories relate to core First Amendment -protected speech, with con- comitant heightened public sensitivity that can easily lead to litigation. Whereas many commercial business owners are disinclined to spend time and money litigating over sign regulations, individuals and not- for-profit organizations, many of whom are represented by pro Bono legal counsel in First Amendment cases, are inclined to spend time and money to preserve core First Amendment rights.224 Reed is a per- fect example: the litigation lasted eight years, and Pastor Reed and Good News were represented by pro Bono legal counsel.zzs 223. See Reed, 135 S. Ct. at 2227. 224. Because First Amendment challenges to sign codes are normally brought under the Civil Rights Act, 42 U.S.C. § 1983, which allows for the award of attorneys' fees under 42 U.S.C. § 1988, pro bond—and other—counsel may be very interested in representing plaintiffs in these challenges. See, e.g., Cleveland Area Bd. of Realtors v. City of Euclid, 965 F. Supp. 1017, 1026 (N.D. Ohio 1997) (awarding $308,825.70 in attorneys' fees and costs in sign code case). Adjusting for inflation, that award is equal to $457,225.60 in current dollars. 225. Pastor Reed and Good News were represented pro bono by the Alliance De- fending Freedom. See Alliance Defending Freedom, Vital Signs: One tiny church prompts a Supreme Court debate on whether some speech is more valuable than oth- ers, FAITH & JUSTICE (VOI. VIII, issue 2, 2015), available at http://www.adflegal.org/ detailspages/faith-and justice-details/vital-signs. 3058-239-OlWeinstein.3d Pages: [569424] Date: [February 12, 2016] Time: [19:38] SIGN REGULATION AFTER REED 615 In some cases, the problem areas can be regulated with sign code definitions that do not directly control or restrict the content of the sign in question. As discussed above, a potentially content neutral def- inition of "real estate sign" could be "a temporary sign posted on prop- erty that is actively marketed for sale." Such a definition does not ad- dress the content of the sign, but rather deals with the„stat�o the nay and location of the sign. Thus, a for -sale property could the- oretically be osted with a "Save the Whales” sign under this defini- tion, but it is likely that the economic motives of the seller would dic- tate otherwise. While this approach lowers legal risk, it does not eliminate it. If such a provision were challenged, a plaintiff might suc- cessfully claim that the purpose for the facially content -neutral defini- tion was to allow for the display of real estate signs, which would then subject the provision to strict scrutiny. Similarly, if the definition of "event sign" is "a temporary sign displayed within 500 feet of property on which a one-time event is held, and which sign may be displayed for up to five days before and one day after such event," the "event sign" could read "Smoke Grass," but the event proponent's interest in promoting the event would likely win the day. In other cases, some of the problem sign types should simply be avoided. For example, it is nearly impossible to define "political sign" or "religious sign" in a manner that does not create serious con- tent bias issues. If a community has concerns regarding proliferation of these sign types, the problem is best addressed with regulations ap- plicable to all noncommercial signs. As Reed espouses, it is not within the purview of local government to pick and choose the subject matter or message of noncommercial speech, or to favor certain types of non- commercial speech over others. To the extent local political leaders are concerned about proliferations of political or religious signs, law- yers and planners should endeavor to educate political leaders about the risks associated with sign regulations of this nature. B. Avoid Strict Enforcement of Content Based Distinctions and Moratoria Local governments are also well-advised to suspend enforcement of code provisions—particularly regulation of temporary signs—that are called into question by Reed. Obviously, however, all sign code structural and locational provisions directly related to public safety should continue to be enforced. In a case decided shortly before Reed, a federal court upheld an Oregon county's decision to cease en- forcement of content based provisions in the county code and to 3058-239-01Weinswin.3d Pages; [569-624] Date: [Febmary 12, 2016] Time: [19:38] 616 THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 instead review applications for temporary sign permits under the re- maining, content neutral provisions of the code. 226 This decision pro- vides a superb road map for a jurisdiction considering how it might administer, in the near term, a content based local sign code. Some local governments may believe that a prudent response to Reed is to enact a moratorium on. the issuance of sign permits during the pendency of code revisions. That approach is problematic. Mora- toria, if challenged, would in most circumstances constitute an uncon- stitutional prior restraint on expression.227 Courts strongly disfavor moratoria on issuing any sign permits or, worse yet, displaying any new signs. In contrast, a moratorium of short duration—certainly no more than 30 days—that is narrowly tailored to address only the issues raised by Reed might possibly be upheld. The authors, however, do not recommend this approach. I C. Ensure_ th.Qt Sign Th Codes Contain th ree Basic Sign Code irements While e authors un erstand the complexity inherent in sign regula- tion following Reed, there are three easy steps that lawyers and plan- ners can take now to reduce legal risk associated with sign code liti- gation. These are discussed in this Section. 1. PURPOSE STATEMENT All sign codes must have a strong, well -articulated purpose statement to pass constitutional muster. Although Reed rejected the notion that only a content neutral purpose is sufficient to withstand a First Amend- ment challenge, governmental intent remains an important factor in sign code drafting and litigation."' After all, the first prong of both the intermediate scrutiny and strict scrutiny tests focuses on whether 226. See Icon Groupe, LLC v. Washington Cnty. 2015 WL 3397170, at *8, *13 (D. Or. 2015). 227. See, e.g., Schneider v. City of Ramsey, 800 F. Supp. 815 (D. Minn. 1992), aff'd sub nom. Holmberg v. City of Ramsey, 12 F.3d 140, 144-45 (8th Cir. 1994) (in- validating, as prior restraint, moratorium passed to allow city time to draft zoning reg- ulations for adult uses); Howard v. City of Jacksonville, 109 F. Supp. 2d 1360, 1365 (M.D. Fla. 2000) (finding a moratorium on the issuance of permits for adult entertain- ment businesses invalid as an unconstitutional prior restraint on expression). 228. In Desert Outdoor Adver. v. City of Moreno Valley, the Ninth Circuit struck down a local sign ordinance simply on the grounds that it failed to articulate a regu- latory purpose. 103 F.3d 814, 819 (9th Cir. 1996). A local government's articulation of a regulatory purpose provides an evidentiary basis for the first prong of the interme- diate and strict scrutiny tests. 3058-239-Ol Weinstein.3d Pages: [569-624] Date: [Febmary 12, 2016] Time: [19:38] SIGN REGULATION AFTER REED 617 the government has established a "significant" (intermediate) or "com- pelling" (strict) regulatory interest.229 In Metromedia, the Supreme Court upheld both traffic safety and community aesthetics as significant governmental interests sufficient to satisfy the intermediate scrutiny examination. Since that time, it has been standard practice for local governments to articulate traffic safety and aesthetics as regulatory interests supporting sign regula- tions. Although these are certainly the most -recited regulatory inter- ests in local sign codes, and the ones most routinely acknowledged by courts as meeting the intermediate scrutiny test's requirement of a significant governmental interest, other regulatory interests may suf- fice as well. Other regulatory interests articulated in local sign codes include blight prevention, economic development, design creativity, prevention of clutter, protection of property values, encouragement of free speech, and scenic view protection. 230 2. SUBSTITUTION CLAUSE The second sign code "must -have" is frequently called a "substitution clause." A substitution clause is designed to avoid the problem iden- tified in Section II.0 above: unconstitutional, content based prefer- ences for cgjaimercial s eech over noncommercial speech resulting 1 � s o imitations on off -premises signage or generous allow- ances for certain commercial signs.- A very simple statement, the substitution clause expressly allows noncommercial content to replace the message on any permitted or exempt sign.232 For example, where a sign code allows onsite signs for, say, big -box retailers to be larger than other signs allowed in the community, the message substitution clause allows the big box retailer to replace the onsite sign with a non- commercial message advocating a political position or supporting a particular cause, avoiding the constitutional problem that would other- wise arise if a commercial sign were permitted to the exclusion of a noncommercial sign.233 229. See Reed, 135 S. Ct. at 2231. 230. See BRIAN J. CONNOLLY & MARK A. WYCKOFF, MICHIGAN SIGN GUIDEBOOK: THE LOCAL PLANNING AND REGULATION OF SIGNS, 12-3, 13-3 (2011), available at http:// scenicmichigan.org/sign-regulation-guidebook. 231. See discussion infra section H.C. 232. See, e.g., DANIEL R. MANDELKER, ANDREW BERTUCCI & WILLIAM EWALD, STREET GRAPHICS AND THE LAW, 51 PLANNING ADVISORY SERV. REP. NO. 527, (Am. Plan. Ass'n rev. ed. 2004). 233. The authors note that many of the problems of the Gilbert sign code at issue in Reed would have been resolved with a strong substitution clause, although it is 3058-239-01Weinstein.3d Pages: [569-624] Date: [February 12, 2016] Time: [19:38] 618 THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 3. SEVERABILITY CLAUSE Severability clauses are added to sign regulations—and statutory pro- visions more broadly—to uphold the balance of a code in the event a court finds a particular provision invalid.214 In the context of sign reg- ulations, severability clauses have always been extremely important and are even more so after Reed .211 Facial challenges to sign codes are more common than facial challenges to zoning codes or other local regulations. Severability clauses hedge against the possibility that a court will rule that a sign code is invalid in its entirety rather than merely invalidating one or more provisions. Without a severabil- ity clause, an invalidated sign code could result in a regulatory vacuum without sign regulations, forcing local governments to either allow all signs—an aesthetic anarchy from which recovery would be difficult— or to adopt roughshod regulations or moratoria that could cause addi- tional constitutional problems. For these reasons, adopting a severabil- ity clause into the sign code is an important protective step for local governments to take. . D. Apply an Empirical Approach to Justify Sign Regulations, Where Possible As discussed above in Section III.C.1, sign codes require justification with purpose statements. Recitations of regulatory purposes should be supported by some form of empirical study or data. Short, glib state- ments regarding regulatory purposes do not reflect any degree of thoughtfulness regarding sign regulations, and they leave a local gov- ernment without evidentiary support for its stated purposes in the event of litigation. To that end, local governments should consider em- ploying at least some study and analysis in preparing regulatory purpose statements. Two approaches are discussed below. Using a comprehensive planning process to identify aesthetic concerns questionable whether such a clause would have achieved the town's pre -Reed regula- tory objectives. 234. See, e.g., BOERNE, TEX., SIGN ORDINANCE § 18 (2008) ("If any portion of this ordinance or any section or subdivision thereof be declared unconstitutional or in vi- olation of the general laws of the state, such declaration shall not affect the remainder of this ordinance which shall remain in full force and effect."); CITY OF FARMINGTON, MICH. ZONING ORDINANCE § 35-233 ("This chapter and the various components, arti- cles, sections, subsections, sentences and phrases are hereby declared to be severable. If any court of competent jurisdiction shall declare any part of this chapter to be un- constitutional or invalid, such ruling shall not affect any other provision of this chapter not specifically included in said ruling."). 235. Even if the sign code is contained within the zoning code, the authors strongly recommend a separate severability clause be placed in the sign code. 3058-239-01Weinstein.3d Pages: [569-624] Date: [Febmary 12, 2016] Time: [19:38] SIGN REGULATION AFrER REED 619 generated by signage, or employing traffic safety analysis can assist in purpose statement preparation. 1. TRAFFIC SAFETY STUDIES While many local sign codes recite traffic safety as a central purpose for sign regulation, very few substantiate the conclusion that a proliferation of signs—or certain types of signs—has actually caused traffic safety concerns in the community. Indeed, some lawyers and sign industry ad- vocates have questioned whether signs—particularly in a world of smart phones, navigation systems, and other driver distractions --contribute at all to driver distraction and traffic incidents. Local governments are therefore advised to conduct studies, or at least consult studies prepared by national experts, to more carefully determine the safety concerns as- sociated with outdoor signage. 216 Local government fire and safety per- sonnel may also be helpful in documenting, even if only anecdotally, their concerns about traffic safety issues associated with too much or too little signage. For example, employing traffic safety study data or documentation provided by fire and safety personnel to determine the appropriate location, height, size, brightness, etc. of signage along major thoroughfares provides a local government with the type of evi- dence required to craft sign regulations that respond to stated traffic safety concerns, as well as the evidentiary support necessary to defend a sign code in the event of litigation. Evidence -based sign regulation is a growing area of study, and com- plete coverage of this issue is tangential to the subject of this article. Readers are advised to consult the resources in the footnotes to learn more about this trend. 2. COMPREHENSIVE PLANNING Comprehensive planning is another source of empirical study that can be used to justify and defend sign codes. Signs are not often the focus of comprehensive planning, however, the visual impact of signs on communities and corridors weighs in favor of including sign issues in communities' land use planning processes. To the extent signs are addressed in a local comprehensive plan, the plan can help to iden- tify and direct sign regulation toward the most pressing sign issues in 236. See, e.g., FED. HIGI[WAY ADMIN., THE EFFECTS OF COMMERCIAL ELECTRONIC VAR- IABLE MESSAGE SIGNS (CEVMS) ON DRIVER ATTENTION AND DISTRACTION: AN UPDATE, Publ'n No. FHWA-HRT-09-018 (Feb. 2009), available at http://www.fhwa.dot.gov/ real_estate/cevms.pdf. See also DAWN JOURDAN ET AL, AN EVIDENCE BASED MODEL SIGN CODE (2011), available at http://www.dcp.ufl.edu/files/8c7lfaO3-9cbf-4af2-9.pdf. 3058-239-01Weiostein.3d Pages: [569-6241 Date: [Febmary 12, 2016] Time: [19:38] 620 THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 the community. Moreover, a good comprehensive plan containing ro- bust analysis of sign issues in the community provides good eviden- tiary support in sign code litigation. E. Regulation of Sign Function in a Content Neutral World: Construction Signs, Real Estate Signs, Wayfinding Signs, Political/ideological Signs, etc. Perhaps the most vexing post -Reed problem faced by local jurisdic- tions is how to continue to regulate signs according to function or cat- egory without becoming crosswise with a district court judge. For some communities, it may be possible to avoid functional sign regula- tion altogether through uniform regulations of temporary signs— regardless of message. For other jurisdictions, however, that may not be possible for various planning or political reasons. Reed condemns all facial distinctions between messages, including those that "are more subtle, defining regulated speech by its function or purpose."237 Therefore, as a starting point, local governments must avoid defining functional sign types according to the language or message that appears on the face of the sign. By now, it should be clear that estab- lishing distinct rules for political, religious, or ideological signs is virtu- ally impossible without engaging in content regulation. A local govern- ment that maintains regulations specific to these sign types risks treating forms of noncommercial messages differently, which may pre- cipitate a sign code challenge. As much as some local politicians may wish to see regulation of political signs, specialized political sign regula- tions are simply barred after Reed. This is not to say��w a ulate _s iccording to structural, temporal, or other time, place, and manner -type distinctions. For example, local governments may still a t aunt signs differy f i ontent neutral manner. These signs are easily distinguished based on struc- tural characteristics—permanent signs are permanently affixed to the ground, a wall, or some other device, while temporary signs are not. Permanent and temporary signs may also be made of different materi- als; permanent signs are frequently made of stone, metal or wood, while temporary signs are predominantly made of plastic or cardboard. Local governments may also regulate display time for temporary 237. Reed, 135 S. Ct. at 2227. 3058-239-OlWeinslein.3d Pages: [569-624] Date: [Febmary 12, 2016] Time: [19:38] SIGN REGULATION AFTER REED 621 signs. It is not unconstitutional for a local government to say, for ex- ample, that a temporary sign may be placed for a maximum of 90 days at a time. Moreover, sign regulations may continue to place size limits and numerical limits on total amount of signage per property. It is therefore not inconceivable to think that a local government could regulate political, ideological and other forms of noncommercial signage as follows: "Notwithstanding any other provision of this code, each parcel of real property shall be allowed, without a permit, an ad- ditional thirty two (32) square feet of temporary noncommercial sig- nage, not to exceed four (4) signs at any one time, for a period not to exceed ninety (90) days per calendar year." This provision would allow non -permitted, temporary, noncommercial signage, but restrict that signage to certain size and number requirements, and to a certain display time. Moreover, this code provision is content neutral, as it does not limit or restrict what the sign might say—except that it must be noncommercial. While the authors believe that the foregoing code provision would likely satisfy Reed, we also recognize that it may be difficult to en- force and that it may not accomplish all of the objectives of the local government. Another approach, albeit one with greater risk expo- sure, is to define signs according the activities occurring where the sign is located. For example, a content neutral definition of a "con- struction sign" might be "a temporary sign placed within a parcel of property upon which construction activities of any type are being ac- tively performed." The code could contain definitions similar to this one for real estate signs. "Grand opening signs" could be defined as "a temporary sign placed within a parcel of property, not to exceed thirty two (32) square feet, and which may be displayed for a period not to exceed ninety (90) days following the sale, lease, or other con- veyance of the parcel or any interest therein." Event -based signs could fall under a regulation that defines an "event sign" as "a sign not to exceed twelve (12) square feet that is placed no more than two (2) weeks prior to and no more than two (2) days following a registered event," and which requires a registration of events with the permitting jurisdiction. Assuming the code provided a category for general temporary non- commercial signage, these code provisions would be more likely to sat- isfy Reed than a code that articulates definitions based solely on the message of signs. We note, however, that the aforementioned provisions have not been tested in courts, and even Reed may call into the question the validity of such regulations under the rationale that these regulations 3058-239-01Weinstein.3d Pages: [569-624] Date: [February 12, 2016] Time: [19:38] 622 THE URBAN LAWYER VOL. 47, No. 4 FALL 2015 exhibit subtle content bias. Even so, to the extent local governments de- sire to regulate signs according to function, the authors advise against such regulation, as any type of functional or categorical regulation will lead to increased risk exposure for the local government. F. Permitting and Enforcement As with other areas of regulation, in addition to being informed by the local government's tolerance for risk management, sign regulations should also be based upon the local government's appetite for and ability to enforce the regulations. Enforcement of sign regulations is rarely an easy task, and improper enforcement of sign regulations can lead to serious trouble. 2311 Local governments should therefore consider the enforcement of sign regulations before and during the drafting process, rather than after adoption of the regulations. The authors have noted that the availability of online registration systems may greatly ease enforcement headaches of local govern- ments. For example, it may be possible for a local government to re- quire any person displaying a temporary sign to register the sign with the local government on its website. Such an online registration sys- tem would not act as a bar to an individual's right to display a tempo- rary sign, and would provide the local government with a registry of the properties at which signs are posted, which would in turn allow for better enforcement of size, height, and time restrictions on signs. In such a scenario, the local government could cite property owners with unregistered signs. With the advent of digital technology, there is significant room for creativity in enforcing sign regulations, so long as the local govern- ment is not using such enforcement mechanisms to subvert First Amendment obligations. IV. Conclusion Reed is likely to precipitate a significant shift in courts' treatment of sign codes under a First Amendment challenge. Local governments thus would be wise to undertake sign code reviews and, if necessary, revise now to ensure that the code does not contain any of the content - 238. Selective enforcement claims arising in the enforcement of speech regulations may give rise to liability for local governments. See, e.g., LaTrieste Restaurant and Cabaret, Inc. v. Vill. of Port Chester, 40 F.3d 587, 590 (2d Cir. 1994). 3058-239-O1Weiasteia.3d Pages: [569-624] Date: [February 12, 2016] Time: [19:38] SIGN REGULATION AFTER REED 623 based distinctions that created problems for Gilbert. Where necessary, local governments should consult resources—including planners and lawyers knowledgeable in First Amendment issues—to be certain that sign codes do not carry more risk than the local government desires to bear. City of Wheat i,_ ge COMMUNITY .DEVELOPMFNT Memorandum TO: Planning Division Jerry Dahl, City Attorney FROM: Lisa Ritchie DATE: March 4, 2016 SUBJECT: Reed v Gilbert Sign Code Scrub The City's current sign code should be revised in response to the recent Supreme Court decision in the Reed v Gilbert case. To date, all content related areas of the code have been identified and evaluated. After consulting with the City Attorney, the following summary begins to offer recommended removals and revisions related to content. Additional research and discussion will be required on most of the items identified below to determine what additional changes, additions or deletions should occur following the changes to content regulation. Any item in the code related to content not identified below has been determined to be permissible. As well, modernization updates are not discussed in this memo. Sec. 26-701— Intent and Purpose - H. - Suggest deleting H. and move this category to exemptions. By doing this, while leaving in our code a content regulation, we are making it clear that they are not regulated. Sec. 26-702 — Definitions - Artistic mural of sculpture - Suggest remove sculpture from the sign code altogether. Suggest moving artistic murals to exemptions, unless there is text in the mural. If there is text, only the portion of the mural that is text falls under a wall sign category and counts toward the wall sign allowance. - Community event/sponsorship banner — Suggest revising to "Banner on city owned property", and should not regulate who or what is advertised. - Informational sign — This category is ok, although it is suggested that the ability to put a company logo be removed. - Off -premises sign — This category is ok, for now. - Political sign — Will need removed. Suggest creating a broader yard sign or temporary site sign category. - Semi-public sign — Will need to be removed. Sec. 26-706 — Non -conforming signs - A. 2. — Suggest replacing last sentence regarding seasonal uses with something like "Signs erected on a seasonal or temporary basis shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations." - R — Suggest revising to relating to a sign associate with property on which a business license has expired or is no longer active (or however they terminate) Sec. 26-707 — General provisions/performance standards - B.1. — Suggest removing semipublic signs - C.2. — Suggest removing semipublic signs Sec. 26-708 — Miscellaneous provisions - B.2. — Suggest removing the phrase "for commercial advertising purposes" - E.2. — Suggest removing the phrase "while at the same time allowing for reasonable individual business identification." Will need some work to determine what should be in its place, if anything. - F. 1.1. — Suggest removing "advertise or identify the business or operation", could rephrase the entire point to "The sign must exclusively replace a permitted sign on the immediately adjacent property for which the sign is permitted. - H. — This is probably ok to continue to regulate, due to being illegal under federal law, state statutes regarding signs for this use, and a compelling governmental interest. Jerry to confirm. Charts 1 and 2 - 9. Public and Semi -Public Signs — Will need to remove semi-public signs. Due to that, should examine the regulations for public signs. - 10. Residential Subdivision Identification Signs — Will need to be removed. Will need further research to develop a new approach for this type of sign. - ll. a. — Under Balloon or other inflatable devices, suggest removing the phrase "Permitted only to advertise special events and sales." - l I.c. — As noted in the definitions, suggest revising to "Banner on city owned property". Should review the regulations with that in mind. - ll. d. — This could be revised to "Temporary signs on property under construction", or a wholesale revision to temporary signs could be approached in a different manner. - II.e. - Under Penants, streamers and similar devices, suggest removing the phrase "Permitted only to advertise special events and sales." - II.f. — This could be approached similar to construction signs. - ll.g. — Suggest removing. This could fall under a yard sign category, a site sign category related to a building permit. Will need further research and consideration. - 13. a. — Suggest relocating to exempt signs unless there is text, then it falls under a wall sign. - 13.c. — Suggest removing everything following "Flags" in the first column. Suggest removing "when located on their own premises" and "during a fund-raising drive or other similar special event." More research may be required on this. - 13.f. — Suggest revising to a new yard sign category, or creating a residential yard sign category that is permitted on property with an approved business license. - 13.h. — Suggest removing "Accessory to the Primary Use", and remove the possibility of including a logo. — Will need further staff research. - 13. i. — Suggest removing this category and creating a new temporary yard sign category. - 13.j. — Suggest removing this category and including a new temporary yard or window sign category - 13.1. — Suggest removing from table, this category should be moved to exemptions. - 13.o. — Suggest removing the phrase, "Those signs which advertise temporary uses such as rummage sales, garage sales, and open houses shall be located on private property." 2 13.q. — Suggest removing, could be approached similar to construction signs above, or a new yard sign or other temporary sign category. 13.r. — Suggest removing, could be approached similar to construction signs above, or a new yard sign or other temporary sign category. 13.s. — Suggest removing, could be approached similar to construction signs above, or a new yard sign or other temporary sign category. Additional research will be required by staff and the City Attorney to confirm a few outstanding items referenced above. As well, research into how other communities have approached these new categories is necessary. It seems clear that new temporary sign regulations are needed to replace the removed sections above. Additional thought should be given to determine if the inverse approach for construction signs and similar signs is desired, or if a new approach should betaken. Next steps Additional information will follow. A primary purpose of this memo was to capture the discussion to date. Attachments Sign Code scrub notes LIZ "Oeoe-OL-i Ne�s ARTICLE VII. - SIGN CODE Sec. 26-701. - Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; D. To conserve the character and economic value of buildings and neighborhoods; E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or proportion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings, compatible with the visual character of the surrounding area, appropriate for the locations permitted; 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. 1+ is- rye+ +he Wen+ Of these Fen, latiG r, tri FGhihi+ or UAFeac.eAably ne , late OF + '+ , , OF displays are ,, aiRtaiRed- it ag-afe .,., nRe . k%-)uggest moving tnese to exempt signs and remove from intent) (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-702. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 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 orss re. A fFeestanding statue OF SGUIPtUF8 oF a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, whiGh does " PFGdUGt. (This will need changed. It er i recommended we remove all regulations for sculptures, and exempt all artistic murals, unless th actual text included in the graphic. If there is text, it can count to the wall sign allowance) Awning. A movable shelter supported entirely from the exterior wall of a building and/or a type which can be retracted against the face of the supporting building. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Page 1 Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right- of-way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof-like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. related aGtivities and IGGated OR prepeFty awned by the Gity ef wheat Ridge; OF a bannei; advertisiRg (This will need changed. Suggest revising this to banner on city owned property, same regs Tor size, placement, time etc, but cannot restrict what the banner says or who says it) Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi- use and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities of light of a non-varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall -type sign, not located within public street right-of-way, (.] ' which gives necessary direction or non -advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A serApaRy Isge-eF �' EJ . (It is recommended we remove the ability to include a logo, then this sectir, is likely ok to keep as is. More discussion should occur on this topic) 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. Page 2 Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off -premises sign. Any sign which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. (It is likely ok to keep this distinction for now) Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Pole sign. A sign which is affixed to, or mounted on, a freestanding pole and anchored in the ground. se as to advertise, anneanse, declare or state a pelitieal message, whethe" FelatiAg to a politiGal effFeeer, I his will need to be removed) Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyonr the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information.(This is ok as is) Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations.(This will need to be removed) Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow 'one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A -frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Page 3 Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. (This is ov is) Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 1, 6-28-10) Sec. 26-703. - Enforcement and penalties. Enforcement and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/industrial/mixed use sign standard charts. B. Unsafe signs. (Ord No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-704. - Contractor's license required. A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from permit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-705. - Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed outdoors within the city limits until a permit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with 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 Page 4 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. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. , § 15,4-28-14) Sec. 26-706. - Non -conforming signs. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: Relocation, or replacement of a nonconforming sign is not permitted unless such sign is brought into conformance with this article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Suggest revising to something like: Signs erected on a seasonal or temporary basis shall be subject to a twelve month period of nonuse prior to requiring full compliance with these regulations.) 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within six (6) months or otherwise it must be reconstructed in conformance with this article. 4. Normal maintenance which does not require modification of the sign structure, supports or members shall be permitted. A face change is considered normal maintenance. 5. In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforminrr these regulations. B. , dissentinaed, except fer seasenal usesPdr6aant te-sdbsestiea—A�above, the sign shall be removed OF obssdred by the person ewning the property within thiFty rQm days afteF the ROt used te advertise an ar-live bhussine66 withiR shAy (690) days of shall be FemgVed OF (Suggest approaching this another way, possibly by crafting language with the intent of requiring an active business license to be associated with the property that has a freestanding or wall sign, will need to think through the details of this one) Page 5 (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07) Sec. 26-707. - General provisions/performance standards. A. Sight distance triangle. No sign is allowed which would violate the sight distance triangle requirements of section 26- 6036. 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. All signs allowed by this article, except billboards, public signs, senilis sigma and signs permitted under the criteria in section 26-708.F shall be located on the lot which they advertise. C. Streets and rights-of-way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right-of-way, with the exception of: a. Signs on bus benches and shelters pursuant to Article IV of Chapter 21: b. Public, -semi-PUbIis, traffic, regulatory, and projecting 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. Where it is difficult to determine the pubic right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by city council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. D. Interference. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 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. 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. Page 6 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26-631, any merchandise 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. H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 2, 6-28-10) Sec. 26-708. - Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26-639 of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21-124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21-151. Such signs shall be limited to two (2) faces per shelter fn.r-semrnern- with a maximum of twenty-four (24) square feet per face. Page 7 C. Freestanding signs—Commercial, industrial and mixed use zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in section 26-708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* Floor Area Single Use Development Multiple Use Development of Building 0-1,500 s.f. 35 s.f. 60 s.f. 1,501— 35 s.f. plus 1 s.f. per each additional 50 s.f. 60 s.f. plus 1 s.f. per each additional 40 s.f. 5,000 s.f. of floor area over 1,501. of floor area over 1,501. 5,001— 100 s.f. plus 1 s.f. per each additional 500 150 s.f. plus 1 s.f. per each 300 s.f. of floor 50,000 s.f. s.f. of floor area over 5,001. area over 5,001. I _ I Over 50,001 190 s.f. plus 1 s.f. per each additional 1,000 300 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a s.f. of floor area over 50,001 up to a s.f. maximum size of 300 s.f. maximum size of 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs—Residential, agriculture and public facilities zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in section 26-708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. Page 8 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial, 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 while at the sa; allowing for rp-ag-n-m-R-hie individual -h-Usiness ideRtdfm eat (Suggest revising this phrase, possibly include language such as flexibility, efficiency, or possibly just remove this phrase). 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. F. Signs in the right-of-way. 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; The sign complies with sight distance triangle requirements per section 26-603.13; The sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; The sign is not a pole sign; and The sign must e*slasively advertise or identify the b„S;^ess or opeFatiep replace a permitted sign located only on the immediately adjacent property for which sign is permitted. (Suggested revision) Page 9 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. G. Signs in mixed use zone districts. Signs in any mixed use zone district must also comply with requirements in section 26-113. H. Signs for marijuana -related businesses. No permanent or temporary sign associated w� l" Gmarijuana-related business licensed pursuant to Articles XII and/or XIII of Chapter 11 may . �\ installed or located until reviewed and approved by the city. See sections 11-296, 11-306, 11-406 � j] and 11-417. t,,I l y L1 1110y oe auiv L., wave this distinction for the possible reasons of governmental purpose, illegal under federal law, allowed by State Statute, he will confirm) J1- (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 3, 6-28-10; Ord. No. 1471, § 10, 9-13-10; Ord. No. 1547, § 16, 4-28-14; Ord. No. 1563, § 11, 1-26-15) Sec. 26-709. - Residential, agriculture and public facilities zone districts sign standards chart. CHART 1 ll' TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1, R -1A, R-16, R -1C, R-2, R -2A, R-3, R -3A, A-1, A-2, PFJ Page 10 MAXIMUM OTHER PERMIT MAXIMUM MINIMUM SIZE TYPE OF SIGN ALLOWED AND HEIGHT REQUIREMENT REQUIRED NUMBER SETBACK PER SIGN S 1. Animated No 2. Arcade No 3. Canopy --- No --- Maximum of The time lapse 32 square 1 per street between the feet per sign. frontage, change in 4. Changeable Maximum but no more 5 feet from information Co Copy Yes Yes height 7 feet g than 2 per p I any property shall not be for all developmen line less than 15 residential t seconds. Not zones. permitted for residential Page 10 5. Freestanding Yes Yes No, except for (1) public 6. Off -Premise s and Signs (ok) semi- public signs; 1(2) billboards 7. Portable Yes Yes Maximum of 32 square feet per sign. 5 feet from Maximum 1 per street any property height 7 feet frontage for all line residential zones. Must be setback a minimum of 5 feet from 6 square 1 per any street feet per side organization right-of-way line if 36 per sign. or activity inches or 2 feet if 36 inches or less in height. uses. Not permitted for single family and two-family dwellings. For billboards, see section 26- 711. Not permitted for single family and two-family dwellings. A - frame or pedestal style only. Must be anchored to the ground or weighted sufficiently to prevent movement by wind. Must only be displayed during normal hours of operation. May Page 11 Page 12 be located on a sidewalk provided that adequate clearance exists to meet , ADA requirements. Must be displayed only on the premise being advertised. (ok) 8. Projecting No May be located off-premises with approval 9. Public a be of property Semi Signs owner and determined (Not sure if this 6 square 3 fl by thy Communit category is Yes Yes feet per sign efganklafien Community Development necessary after Developmenbe Director. May removing semi- tDirector located in r- public??) o-w with approval of Public Works Director. Monument- Monument, I_/1 D..n:rlen+ial type signs fence, or wall- Not to must be set incorporated Vie► exceed 20 back on the only. Fence or -Sigm,Will need square feet 1 per street property a wall to be revised, Yes Yes in area or 6 frontage minimum of incorporated p some sort of site feet in 10 feet, type signs may Yp g y sign category will height. unless be placed need to be incorporated parallel with created) into a traffic and at island property line Page 12 Page 13 entrance, following the then 25 feet same height back from and sight face of distance street curb requirements and 3 feet as for a wall or from edge of fence. traffic island. 11. Temporary Subcategories: Not permitted for single family and two-family dwellings. 1 time per speeial events year for up ,d rI;P Shall Balloons and to 60 days, be securely required or 2 times anchored or tethers a. Balloons or cannot per year for attached so as other inflatable Yes Yes exceed a up to 30 None to prevent days each dislocation , devices height of 35' time, or 4 entanglement measured from existing times per or year for up encroachment grade. to 15 days onto adjacent each time. properties or public streets, or undue hazard to motorists or pedestrians. Roof -mounting is permitted. b. Banners Yes No Total size for 1 per use N/A Not permitted any single or for single Page 13 r Page 14 combined per activity family and banners two-family affixed to a dwellings. Shall wall based be securely on one half anchored or (1/2)the attached so as allowance to prevent for wall dislocation, signs. entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. 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. C. COMMURity 1. Located 1. Located May be placed E„em�s.,,.ASA_rshi on city- on city- on a building, owned owned fence, or pole e .uggest revising to Banner Yes property: a property: N/A N/A on property on City Owned permit shall maximum owned by the property) be issued area of 50 City of Wheat through the square feet; Ridge or Page 14 d. /^..n RR (Could revise to Sign on Property under Construction, or could look at regulating this under a new temp sign category that could encompass this and others that need to be removed) e. Pennants, streamers and similar devices Yes Yes department of parks and recreation; 2. Located on public school property: no permit is required No Yes 2. Located on public school property: maximum area of 32 square feet Shall not exceed 32 square feet. Shall not exceed 7 feet in height. None 1 per street frontage allowed between the time a building permit is issued and a certificate of occupancy is obtained or any number of signs which are necessary for safety on the i premises. 1 time per year for up to 60 days, or 2 times per year for up to 30 days each time, or 4 times per year for up to 15 days 5 feet None Jefferson County School District only. Shall not be illuminated. Must be located on the property where active construction work is occurring. Not permitted for single family and two-family dwellings. speeial events and sales Shall be securely anchored or Page 15 f. Ruta, Estate Sigmas similar to Construction Signs above, will need revised) Yes I No g•TemPGFEIFY Medti i S+gws wain need Lo be revised, need to devise i some sort of temp category that is bigger than Yes I Yes this, or could create new category for res property under i construction or that has received a CO recently) each time. 9 square feet for one and two- family 1 per street dwelling frontage residential allowed uses. SO square feet for all other uses. Not to exceed 12 square feet each. Not 1 per def over 7 feet home in height if a freestanding type. attached so as to prevent dislocation, entanglement, or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. Shall not be illuminated. Must be 5 feet located on the property being advertised. Shall not be illuminated. Must be 5 feet located on the property being advertised. Page 16 12. Wall or Painted Yes Yes No larger than 1 square foot for every linear foot of the side of the building to which it is affixed. Signs affixed to marquees or awnings shall be considered wall signs and shall be calculated based upon the length of the wall to which they are attached or adjacent to. For buildings with flat roofs, wall signs shall not extend abovethe top of parapet or mansard, and if placed upon a parapet or mansard, shall not extend more than 3 feet above the 1 per street front or major interior drive per activity Not permitted for single family and two-family dwellings. For uses which N/A have a rear entry or delivery door, 1 nonilluminated wall sign per use. Page 17 13. Miscellaneous a. Artistic Murals 9F Gwr�cUIPWFe a b. Barber Shop Poles c. Flags {c , st�„atieeaf badges, insignias e#a� gevefflffie„ta Yes No Yes IM No deck line. None No limit None Flagpole cannot exceed 35 feet in height. None Stet -,a.., i#ir. or pFemete a h. vc%imr�.rr DoT nhraR dpdn PFedH,4 F'. t cnvc�acierir `eGiet.. et. lege is Ret acv .:thiR thcy, seepe ef this sigma (Will need .,wised to most likely only regulate if there is text on the mural, then can count toward wall sign allowance) Flagpole Allowed (per must meet setback req) setback when 19eated requirement o„- ;e:;-eWR s of the zone demises or district in displayed along which they any march or Page 18 d. Flashing Signs and Search Lights e. Historic plaques, cornerstones, erected by the city or historical agencies designating an area or property of local historical importance (ok) No Yes f. Heme Yes, as Qeeupatien Signs accessory to a (Will need residential revised, could home are parade route constructed. or in sockets along any street dUFiaga fURd FaisiRg dFive OF Othe .R:I., al eves Any such devices to be placed within public right-of-way may only be approved by city council. (Will need to figure out a timeline for flags along streets) Allowable r.h;r such designations Shall not f.. E)FgaRiEatieR. -,&F are in d. Flashing Signs and Search Lights e. Historic plaques, cornerstones, erected by the city or historical agencies designating an area or property of local historical importance (ok) No Yes f. Heme Yes, as Qeeupatien Signs accessory to a (Will need residential revised, could home are parade route constructed. or in sockets along any street dUFiaga fURd FaisiRg dFive OF Othe .R:I., al eves Any such devices to be placed within public right-of-way may only be approved by city council. (Will need to figure out a timeline for flags along streets) Page 19 Allowable provided that such designations Shall not exceed 3 are in No None None accordance square feet with article IX in size. of the Zoning and Development Code. Maximum of May be 1 per home 5' if Yes 2 square freestanding or occupation freestanding feet in size. wall mounted. Page 19 craft a yard sign occupation allowance for all res properties, or Sim to construction signs, relate back to res property with an active business license) i g. House or building address Yes number signs (ok) �_ I I h. Informational Signs Aeeesset Yes to the Primas use No N/A N/A N/A See § 26-639. 1 � 4 square - - l _ -- ^— _ r (i.e. feet per "restrooms," side. If "no smoking," freestanding "wheel chair , shall not entrance," exceed 36 etc.), or inches in directional (i.e. height if "in," "out," within a "ramp," "drive - required thru," etc.). sight May be wall - distance mounted, triangle, or freestanding or No 48 inches No limit None attached to where other outside of a freestanding sight signs or distance canopies, but triangle.4 shall not be ae counted eFganizatiee I against the lege-is allowable size +►eeeat of another type ,..t,.,e-the g , I of permitted the lege sign. May be 1;hall RAt illuminated by ems= internal light Page 20 i.-Rel'i#�ai Campaign &&4& (Remove, look at Yes a yard sign allowance) j."RAAm Reet" SigLn (Remove, look at a yard sign or Yes window sign for res property allowance) k. Roof Signs No I.T-eFRPOFaFy deEe�a�ie+}s-s� displays e aey-aat+efla ,-4 eaf 9F Felig ieus he4iday of Yes r-picvratooR ;This will P--li n t exempt d category, if listed here we appearto regulate and we Shall not exceed 8 No square feet No limit in size per sign. No 2 square 1 per vacant feet unit only. Shall not be located in public right-of- way or on municipally None owned property. Shall be removed within 7 days following an election. Must be on the None property for which it is advertising. I No limit No limit None Page 21 can't) m. Traffic Control or Yes Regulatory Signs n. Vehicle Yes signage o. Window or Yes Door Signs p. Menu Board/Drive No Through Directory Signs IM No No No limit No limit None Sign shall not obstruct more than 25 percent of the door or window area. None N/A As required by regulation or statute of the None federal, state or municipal government. Allowed only for currently licensed, operative N/A vehicles. Banners or temporary signs attached to vehicles are not allowed. Permitted even if it is visible from outdoors. The se signs iAlhor- t 4d..ehie tempWa�se-s N/A 5 image sales, ale and e houses shall he 'A ',vca Pd on pFivate PFOpeFty. Page 22 1. Order Confirmation Boards q. Farmers' M..Fket SigL (Remove, will need to craft a yard, site or other temp sign category) r. Prp d eeRQ Sigh (Remove, will need to craft a yard, site or other temp sign category) S. Sip temove, will need to craft a yard, site or other temp sign category) No Yes No Yes Yes No larger 1 per than 50 farmers' square feet. market none 5 feet May not be illuminated. May only be on display when the market is in operation. See § 26-635 May not be illuminated. May only be on display during months when the produce stand is operational. i See § 26-636 1 May not be 5 feet illuminated. See § 26-637 Page 23 Where produce stand is a home occupation, the sign No for must meet requirement temporary s for home freestandin occupation g signs. Yes per stand signs in f. All for other permanent produce wall signs. stands may have one sign up to 6 square feet in size and up to 5 feet in height. Maximum size of 6 square feet Yes and 1 maximum height of 5 feet none 5 feet May not be illuminated. May only be on display when the market is in operation. See § 26-635 May not be illuminated. May only be on display during months when the produce stand is operational. i See § 26-636 1 May not be 5 feet illuminated. See § 26-637 Page 23 (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 4, 6-28-10; Ord. No. 1491, § 8, 5-23-11; Ord. No. 1547, § 17, 4-28-14) Sec. 26-710. - Commercial, industrial and mixed use zone districts sign standards chart. CHART 2 — Same notes as above TABLE 2. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, I -E, MU -C, MU -C TOD, MU -C Interstate, MU -N) MAXIMUM OTHER PERMIT SIZE MAXIMUM MINIMUM TYPE OF SIGN ALLOWED NUMBER SETBACK AND HEIGHT REQUIREMEN REQUIRED PER SIGN TS 1. Animated No 2. Arcade Yes Yes 4 square feet. Shall not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. Minimum height 7 feet above street frontage or sidewalk level. 1 per N/A business Can extend into right-of- way with an approved right-of-way permit. Page 24 Page 25 May use up 1 per street to 50% of frontage or the allowed 3. Canopy Yes Yes major N/A wall sign interior allocation I drive , for canopies. Must follow I 5 feet from The time lapse 1 1 per street the frontage, any between the I 4. Changeable freestanding but no more property change in Yes Yes and wall line if information Co Copy than 2 per signage size developmen Ifreestanding shall not be and height , N/A if wall less than 15 regulations. t signage. seconds. Based on table in Section 26- 708. 50 feet maximum 10 feet height where allowed for adjacent to retail and residentially service zoned For new businesses properties; development within 1/4 1 per street 5 feet from or total mile from frontage, street right- redevelopmen Iro 5. Freestanding Yes Yes property ert y line not to of -way if t, all new of an exceed 2 per under 7 feet freestanding interstate developmen in height, 10 signs shall be highway t. feet for I placed within measured signs 7 to 15 landscaped from the feet high, areas. property and 30 feet j line. Any for signs other over 15 feet permitted high. freestanding sign shall not exceed 15 feet in Page 25 No, except for (1) public and semi-public signs; 6. Off -Premises (2) Signs 1 billboards; or (3) signs for which a permit under section 26- 708F has been issued. I 7. Portable Yes Yes height. 6 square feet per side per sign. 1 per business For billboards, see section 26- 711. Page 26 A -frame or pedestal style only. Must be anchored to the ground or weighted Must be sufficiently to setback a prevent minimum of movement by 5 feet from wind. Must any street only be right-of-way displayed line if 36 during normal inches or 2 hours of feet if 36 operation. inches or May be I less in located on a height. sidewalk provided that adequate clearance exists to meet ADA requirements, Page 26 8. Projecting 9. Public and Semi -Public Signs Yes Yes Yes No 1 square foot for each 1 foot of height of the building wall to which the sign is to be attached. Maximum height, top of wall or parapet; not to be roof mounted. Minimum height, 7 feet from street frontage or sidewalk. Must be displayed only on the premise being advertised. May extend Projecting and into the wall sign not 1 per street right-of-way permissible on frontage per with an same wall. business approved Maximum right-of-way projection 10 permit. feet. To be determined 6 square feet 3 per by the organization per sign Community or attraction Developme nt Director May be located off - premises with approval of property owner and Community Development Director. May be located in r -o -w with approval of Public Works Page 27 10. Residential Subdivision No Identification Signs I 11. Temporary Subcategories: a. Balloons or other inflatable devices b. Banners Yes Yes Yes No Director. i Permitted only to advertise special events Balloons and and sales. required Shall be tethers 1 time per securely cannot year for up anchored or exceed the to 60 days, attached so as maximum or 2 times to prevent permitted per year for dislocation, building up to 30 entanglement None height for days each or the zone time, or 4 encroachment i district in times per onto adjacent which they year for up properties or are located to 15 days public streets, measured each time. or undue from existing hazard to grade. motorists or pedestrians. Roof mounting is permitted. Total size for Shall be any single or securely combined 1 per anchored or banners business or N/A attached so as affixed to a activity to prevent wall based dislocation, on one half entanglement (1/2)the or Page 28 allowance encroachment for wall onto adjacent signs. properties or public streets, I or undue hazard to motorists or pedestrians. 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 d rive. 1. Located on city- 1. Located owned on city - property: a owned May be placed permit property: on a building, shall be maximum fence, or pole c. Community issued area of 50 on property Event/Sponsorsh Yes through square feet; N/A N/A owned by the ip Banner the 2. Located City of Wheat departmen on public Ridge or t of parks school Jefferson and property: County School recreation; maximum District only. 2. Located area of 32 on public square feet school Page 29 a property: no permit is required Shall not be illuminated. Must be located on the 5 feet property where active construction I work is occurring. Permitted only to advertise special events and sales. Shall be securely anchored or attached so as None I to prevent dislocation, entanglement or i encroachment onto adjacent properties or public streets, or undue hazard to Page 30 1 per street frontage allowed between the time a building Shall not permit is exceed 32 i and a square feet.ssued d. Construction certificate of Yes No Shall not Signs exceed 7 occupancy is obtained or feet in any number height. I of signs which are necessary for safety on the . I i premises. 1 time per year for up to 60 days, or 2 times per year for e. Pennants, up to 30 streamers and Yes Yes None days each similar devices time, or 4 times per year for up to 15 days each time. I Shall not be illuminated. Must be located on the 5 feet property where active construction I work is occurring. Permitted only to advertise special events and sales. Shall be securely anchored or attached so as None I to prevent dislocation, entanglement or i encroachment onto adjacent properties or public streets, or undue hazard to Page 30 motorists or pedestrians. Page 31 Shall not be illuminated. 1 per street f. Real Estate 50 square Must be Yes No frontage 5 feet Signs feet located on the allowed property being advertised. g. Temporary Model Home No Signs No larger than 1 square foot for every linear foot of the side of the building to which it is i affixed. Signs' affixed to For uses which, I marquees or 1 per street have a rear awnings frontage or entry or 12. Wall or shall be major delivery door, Painted Yes Yes considered interior NSA 1 wall signs drive per nonilluminate and shall be activity d wall sign per calculated use. based upon the length of the wall to which they are attached or adjacent to. For buildings with flat roofs, wall Page 31 T signs shall I not extend above the top of parapet or mansard, and if placed upon a parapet or mansard, shall not extend more than 3 feet abovethe deck line. 13. i Miscellaneous — — � Shall not advertise or promote a particular business, service or "branded" product. A a. Artistic company, Murals or Yes No None No limit None firm, Sculptures association, society, etc., logo is not considered within the i scope of this definition and is considered a sign. b. Barber Shop Yes No Cannot 1 per street NSA Must be wall exceed 5 Page 32 Poles feet in frontage mounted. length. Allowed when located on their own premises or displayed c. Flags (city, along any state, national march or only), of any Flagpole parade route governmental g must meet or in sockets Flagpoles setback agency or civic, � along any charitable, cannot requirement street during a Yes No exceed 35 None s of the religious, fund-raising feet in zone district patriotic,drive or other height. in which political, similar special they are fraternal or event. Any constructed. similar nonprofit such devices organization to be placed within public right-of-way may only be approved by city council. d. Flashing Signs No and Search Lights Allowable e. Historic plaques, provided that such cornerstones, erected by the Shall not designations city or historical exceed 3 are in Yes No None None accordance agencies square feet designating an in size. with article IX of the Zoning area or property of local historical and Development importance Code. Page 33 Yes, as accessory to Maximum of May be f. Home 1 per home 5' if freestanding a residential Yes 2 square feet Occupation Signs I in size. occupation freestanding or wall home mounted. occupation. g. House or building address Yes No N/A N/A number signs N/A See § 26-639. (i.e. "restrooms," "no smoking," "wheel chair entrance," etc.), or directional (i.e. "in," "out," "ramp," "drive-thru," etc.). Maybe wall -mounted, freestanding or attached to None other freestanding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign. Maybe illuminated by internal light only. Page 34 4 square feet per side. If freestanding , shall not exceed 36 inches in height if within a required sight distance triangle, or h. Informational 48 inches Signs Accessory Yes where No No limit to the Primary outside of a Use sight distance triangle. If an organization logo is incorporated into the sign, the logo shall not exceed 1 square foot in size. N/A See § 26-639. (i.e. "restrooms," "no smoking," "wheel chair entrance," etc.), or directional (i.e. "in," "out," "ramp," "drive-thru," etc.). Maybe wall -mounted, freestanding or attached to None other freestanding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign. Maybe illuminated by internal light only. Page 34 i. Political Yes Campaign Signs j. "Room for Yes Rent" Sign k. Roof Signs No I. Temporary decorations or displays when such are clearly associated with Yes any national, local or religious holiday or celebration m. Traffic Control or Yes Regulatory Signs Shall not be located in public right-of- way or on 16 square municipally - No feet No limit None owned property. Shall be removed within 7 days following an election. Must be on No 2 square feet 1 per vacant None the property unit for which it is advertising. No Ime Allowed only n. Vehicle for currently No signage licensed, operative No limit No limit None As required by regulation or No limit No limit None statute of the federal, state or municipal i government. Banners or None None N/A temporary signs attached to vehicles are Page 35 o. Window or Door Signs p. Menu Board/Drive Through Directory Signs vehicles which are primarily used by its owner for service, delivery or general I ' transportatio nona regular basis. Yes Yes No Yes l not allowed. Page 36 Permitted even if it is visible from outdoors. Those signs Sign shall which not obstruct advertise more than 25 percent N/A N/A temporary uses such as of the door or window rummage sales, garage area. sales and open houses shall be located on private property. 30 square 1 May be wall feet per sign. mounted or Shall not freestanding I exceed 6 but will not be feet in 2 per counted height if commercial feet from against the freestanding activity right-of-way ri allowable . If an number or size organization of another al logo in type of incorporated permitted into the sign, sign. Maybe Page 36 Page 37 the logo illuminated by shall not internal exceed 1 lighting only. square foot No signage or in size. advertising may be visible from the right- of-way. May be wall mounted or freestanding but will not be counted against the allowable 3 square feet number or size 1. Order per sign. of another Shall not 1 per drive 10 feet from type of Confirmation Yes Yes exceed 4 through lane right-of-way permitted Boards feet in sign. May be height. illuminated by internal lighting only. No signage or advertising may be visible from the right- of-way. May not be illuminated. May only be No larger 1 per q. Farmers' on display Yes No than 50 farmers' None Market Sign when the square feet. market market is in operation. See § 26-635 I r. Produce Stand Yes No for Maximum 1 per stand 5 feet May not be temporary size of 6 illuminated. Page 37 kid s. Urban Garden Sign freestandin square feet g signs. Yes and for maximum permanent height of 5 wall signs. feet. Yes Yes Maximum size of 6 square feet and maximum height of 5 feet. 1 May only be on display during months when the produce stand is operational. See § 26-636 May not be 5 feet illuminated. See § 26-637 I I (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1396, § 1, 7-23-07; Ord. No. 1463, § 5, 6-28-10; Ord. No. 1471, § 11, 9-13-10; Ord. No. 1491, § 9, 5-23-11; Ord. No. 1523, § 10, 10-8-12; Ord. No. 1547, § 18, 4-28-14) Sec. 26-711. - Billboards; specifications and regulations. A. General provisions. 1. For the purpose of this subsection, the city is divided into two (2) billboard districts, B-1, and 13- 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Page 38 O E-1 W 29TH AVE CS &2 FIGURE 26-711.1 Official Billboard Zoning Map 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway is additionally approved by the state in writing and that such written approval is made available to the department of community development. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. Page 39 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado -registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B- 1 district may be relocated to the B-2 district regardless of the maximum number. 2. Maximum size equals seven hundred fifty (750) square feet. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Maximum height shall be thirty-two (32) feet. 5. Length shall not exceed three and one-half (3'/2) times the height. 6. No new billboard may be located closer than six hundred (600) feet to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03) Secs. 26-712-26-800. - Reserved. Page 40 (Slip Opinion) OCTOBER TERM, 2014 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus REED ET AL. v. TOWN OF GILBERT, ARIZONA, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 13-502. Argued January 12, 2015—Decided June 18, 2015 Gilbert, Arizona (Town), has a comprehensive code (Sign Code or Code) that prohibits the display of outdoor signs without a permit, but ex- empts 23 categories of signs, including three relevant here. "Ideolog- ical Signs," defined as signs "communicating a message or ideas" that do not fit in any other Sign Code category, may be up to 20 square feet and have no placement or time restrictions. "Political Signs," de- fined as signs "designed to influence the outcome of an election," may be up to 32 square feet and may only be displayed during an election season. "Temporary Directional Signs," defined as signs directing the public to a church or other "qualifying event," have even greater re- strictions: No more than four of the signs, limited to six square feet, may be on a single property at any time, and signs may be displayed no more than 12 hours before the "qualifying event" and 1 hour after. Petitioners, Good News Community Church (Church) and its pas- tor, Clyde Reed, whose Sunday church services are held at various temporary locations in and near the Town, posted signs early each Saturday bearing the Church name and the time and location of the next service and did not remove the signs until around midday Sun- day. The Church was cited for exceeding the time limits for display- ing temporary directional signs and for failing to include an event date on the signs. Unable to reach an accommodation with the Town, petitioners filed suit, claiming that the Code abridged their freedom of speech. The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed, ultimately concluding that the Code's sign categories were content neutral, and that the Code satisfied the intermediate scrutiny accorded to content -neutral regulations of speech. Held: The Sign Code's provisions are content -based regulations of REED v. TOWN OF GILBERT Syllabus speech that do not survive strict scrutiny. Pp. 6-17. (a) Because content -based laws target speech based on its commu- nicative content, they are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tai- lored to serve compelling state interests. E.g., R. A. V. v. St. Paul, 505 U. S. 377, 395. Speech regulation is content based if a law ap- plies to particular speech because of the topic discussed or the idea or message expressed. E.g., Sorrell v. IMS Health, Inc., 564 U. S. —, And courts are required to consider whether a regulation of speech "on its face" draws distinctions based on the message a speak- er conveys. Id., at . Whether laws define regulated speech by par- ticular subject matter or by its function or purpose, they are subject to strict scrutiny. The same is true for laws that, though facially con- tent neutral, cannot be "'justified without reference to the content of the regulated speech,"' or were adopted by the government "because of disagreement with the message" conveyed. Ward v. Rock Against Racism, 491 U. S. 781, 791. Pp. 6-7. (b) The Sign Code is content based on its face. It defines the cate- gories of temporary, political, and ideological signs on the basis of their messages and then subjects each category to different re- strictions. The restrictions applied thus depend entirely on the sign's communicative content. Because the Code, on its face, is a content - based regulation of speech, there is no need to consider the govern- ment's justifications or purposes for enacting the Code to determine whether it is subject to strict scrutiny. Pp. 7. (c) None of the Ninth Circuit's theories for its contrary holding is persuasive. Its conclusion that the Town's regulation was not based on a disagreement with the message conveyed skips the crucial first step in the content -neutrality analysis: determining whether the law is content neutral on its face. A law that is content based on its face is subject to strict scrutiny regardless of the government's benign mo- tive, content -neutral justification, or lack of "animus toward the ideas contained" in the regulated speech. Cincinnati v. Discovery Network, Inc., 507 U. S. 410, 429. Thus, an innocuous justification cannot transform a facially content -based law into one that is content neu- tral. A court must evaluate each question—whether a law is content based on its face and whether the purpose and justification for the law are content based—before concluding that a law is content neu- tral. Ward does not require otherwise, for its framework applies only to a content -neutral statute. The Ninth Circuit's conclusion that the Sign Code does not single out any idea or viewpoint for discrimination conflates two distinct but related limitations that the First Amendment places on government regulation of speech. Government discrimination among viewpoints Cite as: 576 U. S. (2015) Syllabus is a "more blatant" and "egregious form of content discrimination," Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 829, but "[t]he First Amendment's hostility to content -based regulation [also] extends ... to prohibition of public discussion of an entire top- ic," Consolidated Edison Co. of N. Y. v. Public Serv. Comm n of N. Y., 447 U. S. 530, 537. The Sign Code, a paradigmatic example of con- tent -based discrimination, singles out specific subject matter for dif- ferential treatment, even if it does not target viewpoints within that subject matter. The Ninth Circuit also erred in concluding that the Sign Code was not content based because it made only speaker -based and event - based distinctions. The Code's categories are not speaker-based—the restrictions for political, ideological, and temporary event signs apply equally no matter who sponsors them. And even if the sign catego- ries were speaker based, that would not automatically render the law content neutral. Rather, "laws favoring some speakers over others demand strict scrutiny when the legislature's speaker preference re- flects a content preference." Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 658. This same analysis applies to event -based distinctions. Pp. 8-14. (d) The Sign Code's content -based restrictions do not survive strict scrutiny because the Town has not demonstrated that the Code's dif- ferentiation between temporary directional signs and other types of signs furthers a compelling governmental interest and is narrowly tailored to that end. See Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, 564 U. S. _, _. Assuming that the Town has a compelling interest in preserving its aesthetic appeal and traf- fic safety, the Code's distinctions are highly underinclusive. The Town cannot claim that placing strict limits on temporary directional signs is necessary to beautify the Town when other types of signs create the same problem. See Discovery Network, supra, at 425. Nor has it shown that temporary directional signs pose a greater threat to public safety than ideological or political signs. Pp. 14-15. (e) This decision will not prevent governments from enacting effec- tive sign laws. The Town has ample content -neutral options availa- ble to resolve problems with safety and aesthetics, including regulat- ing size, building materials, lighting, moving parts, and portability. And the Town may be able to forbid postings on public property, so long as it does so in an evenhanded, content -neutral manner. See Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789, 817. An ordinance narrowly tailored to the challenges of protecting the safety of pedestrians, drivers, and passengers g., warning signs marking hazards on private property or signs directing traffic—might also survive strict scrutiny. Pp. 16-17. REED v. TOWN OF GILBERT Syllabus 707 F. 3d 1057, reversed and remanded. THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, KENNEDY, ALITO, and SOTOMAYOR, JJ., joined. ALITO, J., filed a concurring opinion, in which KENNEDY and SOTOMAYOR, JJ., joined. BREYER, J., filed an opinion concurring in the judgment. KA - GAN, J., filed an opinion concurring in the judgment, in which GINSBURG and BREYER, JJ., joined Cite as: 576 U. S. (2015) Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash- ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS v. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE THOMAS delivered the opinion of the Court. The town of Gilbert, Arizona (or Town), has adopted a comprehensive code governing the manner in which people may display outdoor signs. Gilbert, Ariz., Land Develop- ment Code (Sign Code or Code), ch. 1, §4.402 (2005).1 The Sign Code identifies various categories of signs based on the type of information they convey, then subjects each category to different restrictions. One of the categories is "Temporary Directional Signs Relating to a Qualifying Event," loosely defined as signs directing the public to a meeting of a nonprofit group. §4.402(P). The Code imposes more stringent restrictions on these signs than it does on signs conveying other messages. We hold that these provisions are content -based regulations of speech that cannot survive strict scrutiny. 'The Town's Sign Code is available online at http://www.gilbertaz.gov/ departments/ development -service/ planning- development/ land - development -code (as visited June 16, 2015, and available in Clerk of Court's case file). 2 REED u. TOWN OF GILBERT Opinion of the Court I A The Sign Code prohibits the display of outdoor signs anywhere within the Town without a permit, but it then exempts 23 categories of signs from that requirement. These exemptions include everything from bazaar signs to flying banners. Three categories of exempt signs are particularly relevant here. The first is "Ideological Sign[s]." This category includes any "sign communicating a message or ideas for noncom- mercial purposes that is not a Construction Sign, Direc- tional Sign, Temporary Directional Sign Relating to a Qualifying Event, Political Sign, Garage Sale Sign, or a sign owned or required by a governmental agency." Sign Code, Glossary of General Terms (Glossary), p. 23 (em- phasis deleted). Of the three categories discussed here, the Code treats ideological signs most favorably, allowing them to be up to 20 square feet in area and to be placed in all "zoning districts" without time limits. §4.402(J). The second category is "Political Sign[s]." This includes any "temporary sign designed to influence the outcome of an election called by a public body." Glossary 23.2 The Code treats these signs less favorably than ideological signs. The Code allows the placement of political signs up to 16 square feet on residential property and up to 32 square feet on nonresidential property, undeveloped mu- nicipal property, and "rights-of-way." §4.402(I).3 These signs may be displayed up to 60 days before a primary election and up to 15 days following a general election. Ibid. 2-A "Temporary Sign" is a "sign not permanently attached to the ground, a wall or a building, and not designed or intended for perma- nent display." Glossary 25. 3The Code defines "Right -of -Way" as a "strip of publicly owned land occupied by or planned for a street, utilities, landscaping, sidewalks, trails, and similar facilities." Id., at 18. Cite as: 576 U. S. _ (2015) Opinion of the Court The third category is "Temporary Directional Signs Relating to a Qualifying Event." This includes any "Tem- porary Sign intended to direct pedestrians, motorists, and other passersby to a `qualifying event."' Glossary 25 (emphasis deleted). A "qualifying event" is defined as any "assembly, gathering, activity, or meeting sponsored, arranged, or promoted by a religious, charitable, commu- nity service, educational, or other similar non-profit organ- ization." Ibid. The Code treats temporary directional signs even less favorably than political signs.4 Temporary directional signs may be no larger than six square feet. §4.402(P). They may be placed on private property or on a public right-of-way, but no more than four signs may be placed on a single property at any time. Ibid. And, they may be displayed no more than 12 hours before the "quali- fying event" and no more than 1 hour afterward. Ibid. B Petitioners Good News Community Church (Church) and its pastor, Clyde Reed, wish to advertise the time and location of their Sunday church services. The Church is a small, cash-strapped entity that owns no building, so it holds its services at elementary schools or other locations in or near the Town. In order to inform the public about its services, which are held in a variety of different loca- 4The Sign Code has been amended twice during the pendency of this case. When litigation began in 2007, the Code defined the signs at issue as `Religious Assembly Temporary Direction Signs." App. 75. The Code entirely prohibited placement of those signs in the public right-of-way, and it forbade posting them in any location for more than two hours before the religious assembly or more than one hour after- ward. Id., at 75-76. In 2008, the Town redefined the category as "Temporary Directional Signs Related to a Qualifying Event," and it expanded the time limit to 12 hours before and 1 hour after the "quali- fying event." Ibid. In 2011, the Town amended the Code to authorize placement of temporary directional signs in the public right-of-way. Id., at 89. 4 REED u. TOWN OF GILBERT Opinion of the Court tions, the Church began placing 15 to 20 temporary signs around the Town, frequently in the public right-of-way abutting the street. The signs typically displayed the Church's name, along with the time and location of the upcoming service. Church members would post the signs early in the day on Saturday and then remove them around midday on Sunday. The display of these signs requires little money and manpower, and thus has proved to be an economical and effective way for the Church to let the community know where its services are being held each week. This practice caught the attention of the Town's Sign Code compliance manager, who twice cited the Church for violating the Code. The first citation noted that the Church exceeded the time limits for displaying its tempo- rary directional signs. The second citation referred to the same problem, along with the Church's failure to include the date of the event on the signs. Town officials even confiscated one of the Church's signs, which Reed had to retrieve from the municipal offices. Reed contacted the Sign Code Compliance Department in an attempt to reach an accommodation. His efforts proved unsuccessful. The Town's Code compliance man- ager informed the Church that there would be "no leni- ency under the Code" and promised to punish any future violations. Shortly thereafter, petitioners filed a complaint in the United States District Court for the District of Arizona, arguing that the Sign Code abridged their freedom of speech in violation of the First and Fourteenth Amend- ments. The District Court denied the petitioners' motion for a preliminary injunction. The Court of Appeals for the Ninth Circuit affirmed, holding that the Sign Code's provi- sion regulating temporary directional signs did not regu- late speech on the basis of content. 587 F. 3d 966, 979 (2009). It reasoned that, even though an enforcement Cite as: 576 U. S. (2015) Opinion of the Court officer would have to read the sign to determine what provisions of the Sign Code applied to it, the "`kind of cursory examination"' that would be necessary for an officer to classify it as a temporary directional sign was "not akin to an officer synthesizing the expressive content of the sign." Id., at 978. It then remanded for the District Court to determine in the first instance whether the Sign Code's distinctions among temporary directional signs, political signs, and ideological signs nevertheless consti- tuted a content -based regulation of speech. On remand, the District Court granted summary judg- ment in favor of the Town. The Court of Appeals again affirmed, holding that the Code's sign categories were content neutral. The court concluded that "the distinc- tions between Temporary Directional Signs, Ideological Signs, and Political Signs ... are based on objective fac- tors relevant to Gilbert's creation of the specific exemption from the permit requirement and do not otherwise consider the substance of the sign." 707 F. 3d 1057, 1069 (CA9 2013). Relying on this Court's decision in Hill v. Colorado, 530 U. S. 703 (2000), the Court of Appeals concluded that the Sign Code is content neutral. 707 F. 3d, at 1071-1072. As the court explained, "Gilbert did not adopt its regula- tion of speech because it disagreed with the message conveyed" and its "interests in regulat[ing] temporary signs are unrelated to the content of the sign." Ibid. Accord- ingly, the court believed that the Code was "content - neutral as that term [has been] defined by the Supreme Court." Id., at 1071. In light of that determination, it applied a lower level of scrutiny to the Sign Code and concluded that the law did not violate the First Amend- ment. Id., at 1073-1076. We granted certiorari, 573 U. S. _ (2014), and now reverse. 6 REED v. TOWN OF GILBERT Opinion of the Court II A The First Amendment, applicable to the States through the Fourteenth Amendment, prohibits the enactment of laws "abridging the freedom of speech." U. S. Const., Amdt. 1. Under that Clause, a government, including a municipal government vested with state authority, "has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Police Dept. of Chicago v. Mosley, 408 U. S. 92, 95 (1972). Content -based laws—those that target speech based on its communica- tive content—are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. R. A. V. v. St. Paul, 505 U. S. 377, 395 (1992); Simon & Schuster, Inc. v. Members of N. Y. State Crime Victims Bd., 502 U. S. 105, 115, 118 (1991). Government regulation of speech is content based if a law applies to particular speech because of the topic dis- cussed or the idea or message expressed. E.g., Sorrell v. IMS Health, Inc., 564 U. S. –_ (2011) (slip op., at 8-9); Carey v. Brown, 447 U. S. 455, 462 (1980); Mosley, supra, at 95. This commonsense meaning of the phrase "content based" requires a court to consider whether a regulation of speech "on its face" draws distinctions based on the message a speaker conveys. Sorrell, supra,, at (slip op., at 8). Some facial distinctions based on a mes- sage are obvious, defining regulated speech by particular subject matter, and others are more subtle, defining regu- lated speech by its function or purpose. Both are distinc- tions drawn based on the message a speaker conveys, and, therefore, are subject to strict scrutiny. Our precedents have also recognized a separate and additional category of laws that, though facially content neutral, will be considered content -based regulations of speech: laws that cannot be "`justified without reference to Cite as: 576 U. S. (2015) 7 Opinion of the Court the content of the regulated speech,"' or that were adopted by the government "because of disagreement with the message [the speech] conveys," Ward v. Rock Against Racism, 491 U. S. 781, 791 (1989). Those laws, like those that are content based on their face, must also satisfy strict scrutiny. B The Town's Sign Code is content based on its face. It defines "Temporary Directional Signs" on the basis of whether a sign conveys the message of directing the public to church or some other "qualifying event." Glossary 25. It defines "Political Signs" on the basis of whether a sign's message is "designed to influence the outcome of an elec- tion." Id., at 24. And it defines "Ideological Signs" on the basis of whether a sign "communicat[es] a message or ideas" that do not fit within the Code's other categories. Id., at 23. It then subjects each of these categories to different restrictions. The restrictions in the Sign Code that apply to any given sign thus depend entirely on the communicative content of the sign. If a sign informs its reader of the time and place a book club will discuss John Locke's Two Trea- tises of Government, that sign will be treated differently from a sign expressing the view that one should vote for one of Locke's followers in an upcoming election, and both signs will be treated differently from a sign expressing an ideological view rooted in Locke's theory of government. More to the point, the Church's signs inviting people to attend its worship services are treated differently from signs conveying other types of ideas. On its face, the Sign Code is a content -based regulation of speech. We thus have no need to consider the government's justifications or purposes for enacting the Code to determine whether it is subject to strict scrutiny. 8 REED v. TOWN OF GILBERT Opinion of the Court C In reaching the contrary conclusion, the Court of Ap- peals offered several theories to explain why the Town's Sign Code should be deemed content neutral. None is persuasive. 1 The Court of Appeals first determined that the Sign Code was content neutral because the Town "did not adopt its regulation of speech [based on] disagree[ment] with the message conveyed," and its justifications for regulating temporary directional signs were "unrelated to the content of the sign." 707 F. 3d, at 1071-1072. In its brief to this Court, the United States similarly contends that a sign regulation is content neutral—even if it expressly draws distinctions based on the sign's communicative content—if those distinctions can be "`justified without reference to the content of the regulated speech."' Brief for United States as Anticus Curiae 20, 24 (quoting Ward, supra, at 791; emphasis deleted). But this analysis skips the crucial first step in the content -neutrality analysis: determining whether the law is content neutral on its face. A law that is content based on its face is subject to strict scrutiny regardless of the government's benign motive, content -neutral justification, or lack of "animus toward the ideas contained" in the regulated speech. Cincinnati v. Discovery Network, Inc., 507 U. S. 410, 429 (1993). We have thus made clear that "'[i]llicit legislative intent is not the sine qua non of a violation of the First Amendment,"' and a party opposing the government "need adduce `no evidence of an improper censorial motive."' Simon & Schuster, supra, at 117. Although "a content -based purpose may be sufficient in certain circumstances to show that a regulation is content based, it is not necessary." Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 642 (1994). In other words, an Cite as: 576 U. S. (2015) Opinion of the Court innocuous justification cannot transform a facially content - based law into one that is content neutral. That is why we have repeatedly considered whether a law is content neutral on its face before turning to the law's justification or purpose. See, e.g., Sorrell, supra, at (slip op., at 8-9) (statute was content based "on its face," and there was also evidence of an impermissible legislative motive); United States v. Eichman, 496 U. S. 310, 315 (1990) ("Although the [statute] contains no ex- plicit content -based limitation on the scope of prohibited conduct, it is nevertheless clear that the Government's asserted interest is related to the suppression of free ex- pression" (internal quotation marks omitted)); Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789, 804 (1984) ("The text of the ordinance is neu- tral," and "there is not even a hint of bias or censorship in the City's enactment or enforcement of this ordinance"); Clark v. Community for Creative Non -Violence, 468 U. S. 288, 293 (1984) (requiring that a facially content -neutral ban on camping must be "justified without reference to the content of the regulated speech"); United States v. O'Brien, 391 U. S. 367, 375, 377 (1968) (noting that the statute "on its face deals with conduct having no connection with speech," but examining whether the "the governmental interest is unrelated to the suppression of free expres- sion"). Because strict scrutiny applies either when a law is content based on its face or when the purpose and justi- fication for the law are content based, a court must evalu- ate each question before it concludes that the law is con- tent neutral and thus subject to a lower level of scrutiny. The Court of Appeals and the United States misunder- stand our decision in Ward as suggesting that a govern- ment's purpose is relevant even when a law is content based on its face. That is incorrect. Ward had nothing to say about facially content -based restrictions because it involved a facially content -neutral ban on the use, in a 10 REED u. TOWN OF GILBERT Opinion of the Court city -owned music venue, of sound amplification systems not provided by the city. 491 U. S., at 787, and n. 2. In that context, we looked to governmental motive, including whether the government had regulated speech "because of disagreement" with its message, and whether the regula- tion was "`justified without reference to the content of the speech."' Id., at 791. But Ward's framework "applies only if a statute is content neutral." Hill, 530 U. S., at 766 (KENNEDY, J., dissenting). Its rules thus operate "to pro- tect speech," not "to restrict it." Id., at 765. The First Amendment requires no less. Innocent mo- tives do not eliminate the danger of censorship presented by a facially content -based statute, as future government officials may one day wield such statutes to suppress disfavored speech. That is why the First Amendment expressly targets the operation of the laws—i.e., the "abridg[ement] of speech"—rather than merely the mo- tives of those who enacted them. U. S. Const., Amdt. 1. "`The vice of content -based legislation ... is not that it is always used for invidious, thought -control purposes, but that it lends itself to use for those purposes."' Hill, supra, at 743 (SCALIA, J., dissenting). For instance, in NAACP v. Button, 371 U. S. 415 (1963), the Court encountered a State's attempt to use a statute prohibiting "`improper solicitation"' by attorneys to outlaw litigation -related speech of the National Association for the Advancement of Colored People. Id., at 438. Although Button predated our more recent formulations of strict scrutiny, the Court rightly rejected the State's claim that its interest in the "regulation of professional conduct" rendered the statute consistent with the First Amend- ment, observing that "it is no answer ... to say ... that the purpose of these regulations was merely to insure high professional standards and not to curtail free expression." Id., at 438-439. Likewise, one could easily imagine a Sign Code compliance manager who disliked the Church's Cite as: 576 U. S. (2015) 11 Opinion of the Court substantive teachings deploying the Sign Code to make it more difficult for the Church to inform the public of the location of its services. Accordingly, we have repeatedly "rejected the argument that `discriminatory ... treatment is suspect under the First Amendment only. when the legislature intends to suppress certain ideas."' Discovery Network, 507 U. S., at 429. We do so again today. 2 The Court of Appeals next reasoned that the Sign Code was content neutral because it "does not mention any idea or viewpoint, let alone single one out for differential treatment." 587 F. 3d, at 977. It reasoned that, for the purpose of the Code provisions, "[i]t makes no difference which candidate is supported, who sponsors the event, or what ideological perspective is asserted." 707 F. 3d, at 1069. The Town seizes on this reasoning, insisting that "con- tent based" is a term of art that "should be applied flexi- bly" with the goal of protecting "viewpoints and ideas from government censorship or favoritism." Brief for Respond- ents 22. In the Town's view, a sign regulation that "does not censor or favor particular viewpoints or ideas" cannot be content based. Ibid. The Sign Code allegedly passes this test because its treatment of temporary directional signs does not raise any concerns that the government is "endorsing or suppressing `ideas or viewpoints,"' id., at 27, and the provisions for political signs and ideological signs "are neutral as to particular ideas or viewpoints" within those categories. Id., at 37. This analysis conflates two distinct but related limita- tions that the First Amendment places on government regulation of speech. Government discrimination among viewpoints—or the regulation of speech based on "the specific motivating ideology or the opinion or perspective of the speaker"—is a "more blatant" and "egregious form of 12 REED v. TOWN OF GILBERT Opinion of the Court content discrimination." Rosenberger v. Rector and Visi- tors of Univ. of Va., 515 U. S. 819, 829 (1995). But it is well established that "[t]he First Amendment's hostility to content -based regulation extends not only to restrictions on particular viewpoints, but also to prohibition of public discussion of an entire topic." Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 537 (1980). Thus, a speech regulation targeted at specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter. Ibid. For example, a law banning the use of sound trucks for politi- cal speech—and only political speech—would be a content - based regulation, even if it imposed no limits on the politi- cal viewpoints that could be expressed. See Discovery Network, supra, at 428. The Town's Sign Code likewise singles out specific subject matter for differential treat- ment, even if it does not target viewpoints within that subject matter. Ideological messages are given more favorable treatment than messages concerning a political candidate, which are themselves given more favorable treatment than messages announcing an assembly of like- minded individuals. That is a paradigmatic example of content -based discrimination. 3 Finally, the Court of Appeals characterized the Sign Code's distinctions as turning on "`the content -neutral elements of who is speaking through the sign and whether and when an event is occurring."' 707 F. 3d, at 1069. That analysis is mistaken on both factual and legal grounds. To start, the Sign Code's distinctions are not speaker based. The restrictions for political, ideological, and tem- porary event signs apply equally no matter who sponsors them. If a local business, for example, sought to put up Cite as: 576 U. S. _ (2015) 13 Opinion of the Court signs advertising the Church's meetings, those signs would be subject to the same limitations as such signs placed by the Church. And if Reed had decided to dis- play signs in support of a particular candidate, he could have made those signs far larger—and kept them up for far longer—than signs inviting people to attend his church services. If the Code's distinctions were truly speaker based, both types of signs would receive the same treatment. In any case, the fact that a distinction is speaker based does not, as the Court of Appeals seemed to believe, auto- matically render the distinction content neutral. Because "[s]peech restrictions based on the identity of the speaker are all too often simply a means to control content," Citi- zens United v. Federal Election Comm n, 558 U. S. 310, 340 (2010), we have insisted that "laws favoring some speakers over others demand strict scrutiny when the legislature's speaker preference reflects a content prefer- ence," Turner, 512 U. S., at 658. Thus, a law limiting the content of newspapers, but only newspapers, could not evade strict scrutiny simply because it could be character- ized as speaker based. Likewise, a content -based law that restricted the political speech of all corporations would not become content neutral just because it singled out corpo- rations as a class of speakers. See Citizens United, supra, at 340-341. Characterizing a distinction as speaker based is only the beginning—not the end—of the inquiry. Nor do the Sign Code's distinctions hinge on "whether and when an event is occurring." The Code does not per- mit citizens to post signs on any topic whatsoever within a set period leading up to an election, for example. Instead, come election time, it requires Town officials to determine whether a sign is "designed to influence the outcome of an election" (and thus "political") or merely "communicating a message or ideas for noncommercial purposes" (and thus "ideological"). Glossary 24. That obvious content -based 14 REED u. TOWN OF GILBERT Opinion of the Court inquiry does not evade strict scrutiny review simply be- cause an event (i.e., an election) is involved. And, just as with speaker -based laws, the fact that a distinction is event based does not render it content neu- tral. The Court of Appeals cited no precedent from this Court supporting its novel theory of an exception from the content -neutrality requirement for event -based laws. As we have explained, a speech regulation is content based if the law applies to particular speech because of the topic discussed or the idea or message expressed. Supra, at 6. A regulation that targets a sign because it conveys an idea about a specific event is no less content based than a regulation that targets a sign because it conveys some other idea. Here, the Code singles out signs bearing a particular message: the time and location of a specific event. This type of ordinance may seem like a perfectly rational way to regulate signs, but a clear and firm rule governing content neutrality is an essential means of protecting the freedom of speech, even if laws that might seem "entirely reasonable" will sometimes be "struck down because of their content -based nature." City of Ladue v. Gilleo, 512 U. S. 43, 60 (1994) (O'Connor, J., concurring). III Because the Town's Sign Code imposes content -based restrictions on speech, those provisions can stand only if they survive strict scrutiny, "`which requires the Govern- ment to prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest,"' Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, 564 U. S. _, (2011) (slip op., at 8) (quoting Citizens United, 558 U. S., at 340). Thus, it is the Town's burden to demonstrate that the Code's differentiation between temporary directional signs and other types of signs, such as political signs and ideological signs, furthers a compelling governmental interest and is narrowly tai- Cite as: 576 U. S. (2015) 15 Opinion of the Court lored to that end. See ibid. The Town cannot do so. It has offered only two govern- mental interests in support of the distinctions the Sign Code draws: preserving the Town's aesthetic appeal and traffic safety. Assuming for the sake of argument that those are compelling governmental interests, the Code's distinctions fail as hopelessly underinclusive. Starting with the preservation of aesthetics, temporary directional signs are "no greater an eyesore," Discovery Network, 507 U. S., at 425, than ideological or political ones. Yet the Code allows unlimited proliferation of larger ideological signs while strictly limiting the number, size, and duration of smaller directional ones. The Town can- not claim that placing strict limits on temporary direc- tional signs is necessary to beautify the Town while at the same time allowing unlimited numbers of other types of signs that create the same problem. The Town similarly has not shown that limiting tempo- rary directional signs is necessary to eliminate threats to traffic safety, but that limiting other types of signs is not. The Town has offered no reason to believe that directional signs pose a greater threat to safety than do ideological or political signs. If anything, a sharply worded ideological sign seems more likely to distract a driver than a sign directing the public to a nearby church meeting. In light of this underinclusiveness, the Town has not met its burden to prove that its Sign Code is narrowly tailored to further a compelling government interest. Because a "`law cannot be regarded as protecting an inter- est of the highest order, and thus as justifying a re- striction on truthful speech, when it leaves appreciable damage to that supposedly vital interest unprohibited,"' Republican Party of Minn. v. White, 536 U. S. 765, 780 (2002), the Sign Code fails strict scrutiny. 16 REED v. TOWN OF GILBERT Opinion of the Court IV Our decision today will not prevent governments from enacting effective sign laws. The Town asserts that an "`absolutist"' content -neutrality rule would render "virtu- ally all distinctions in sign laws ... subject to strict scru- tiny," Brief for Respondents 34-35, but that is not the case. Not "all distinctions" are subject to strict scrutiny, only content -based ones are. Laws that are content neutral are instead subject to lesser scrutiny. See Clark, 468 U. S., at 295. The Town has ample content -neutral options available to resolve problems with safety and aesthetics. For exam- ple, its current Code regulates many aspects of signs that have nothing to do with a sign's message: size, building materials, lighting, moving parts, and portability. See, e.g., §4.402(R). And on public property, the Town may go a long way toward entirely forbidding the posting of signs, so long as it does so in an evenhanded, content -neutral manner. See Taxpayers for Vincent, 466 U. S., at 817 (upholding content -neutral ban against posting signs on public property). Indeed, some lower courts have long held that similar content -based sign laws receive strict scrutiny, but there is no evidence that towns in those jurisdictions have suffered catastrophic effects. See, e.g., Solantic, LLC v. Neptune Beach, 410 F. 3d 1250, 1264- 1269 (CA11 2005) (sign categories similar to the town of Gilbert's were content based and subject to strict scru- tiny); Matthews v. Needham, 764 F. 2d 58, 59-60 (CA1 1985) (law banning political signs but not commercial signs was content based and subject to strict scrutiny). We acknowledge that a city might reasonably view the general regulation of signs as necessary because signs "take up space and may obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation." City of La.due, 512 U. S., at 48. At the same time, the presence of certain Cite as: 576 U. S. (2015) 17 Opinion of the Court signs may be essential, both for vehicles and pedestrians, to guide traffic or to identify hazards and ensure safety. A sign ordinance narrowly tailored to the challenges of protecting the safety of pedestrians, drivers, and passen- gers—such as warning signs marking hazards on private property, signs directing traffic, or street numbers associ- ated with private houses—well might survive strict scru- tiny. The signs at issue in this case, including political and ideological signs and signs for events, are far removed from those purposes. As discussed above, they are facially content based and are neither justified by traditional safety concerns nor narrowly tailored. We reverse the judgment of the Court of Appeals and remand the case for proceedings consistent with this opinion. It is so ordered. Cite as: 576 U. S. (2015) 1 ALITO, J., concurring SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS v. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE ALITO, with whom JUSTICE KENNEDY and JUSTICE SOTOMAYOR join, concurring. I join the opinion of the Court but add a few words of further explanation. As the Court holds, what we have termed "content - based" laws must satisfy strict scrutiny. Content -based laws merit this protection because they present, albeit sometimes in a subtler form, the same dangers as laws that regulate speech based on viewpoint. Limiting speech based on its "topic" or "subject" favors those who do not want to disturb the status quo. Such regulations may interfere with democratic self-government and the search for truth. See Consolidated Edison Co. of N. Y. v. Public Serv. Coinni'n of N. Y., 447 U. S. 530, 537 (1980). As the Court shows, the regulations at issue in this case are replete with content -based distinctions, and as a result they must satisfy strict scrutiny. This does not mean, however, that municipalities are powerless to enact and enforce reasonable sign regulations. I will not attempt to provide anything like a comprehensive list, but here are some rules that would not be content based: Rules regulating the size of signs. These rules may distinguish among signs based on any content -neutral criteria, including any relevant criteria listed below. Rules regulating the locations in which signs may be REED v. TOWN OF GILBERT ALITO, J., concurring placed. These rules may distinguish between free- standing signs and those attached to buildings. Rules distinguishing between lighted and unlighted signs. Rules distinguishing between signs with fixed messages and electronic signs with messages that change. Rules that distinguish between the placement of signs on private and public property. Rules distinguishing between the placement of signs on commercial and residential property. Rules distinguishing between on -premises and off - premises signs. Rules restricting the total number of signs allowed per mile of roadway. Rules imposing time restrictions on signs advertising a one-time event. Rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed.* In addition to regulating signs put up by private actors, government entities may also erect their own signs con- sistent with the principles that allow governmental speech. See Pleasant Grove City v. Summum, 555 U. S. 460, 467-469 (2009). They may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots. Properly understood, today's decision will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives. *Of course, content -neutral restrictions on speech are not necessarily consistent with the First Amendment. Time, place, and manner restrictions "must be narrowly tailored to serve the government's legitimate, content -neutral interests." Ward v. Rock Against Racism., 491 U. S. 781, 798 (1989). But they need not meet the high standard imposed on viewpoint- and content -based restrictions. Cite as: 576 U. S. (2015) BREYER, J., concurring in judgment SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS v. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE BREYER, concurring in the judgment. I join JUSTICE KAGAN's separate opinion. Like JUSTICE KAGAN I believe that categories alone cannot satisfactorily resolve the legal problem before us. The First Amendment requires greater judicial sensitivity both to the Amend- ment's expressive objectives and to the public's legitimate need for regulation than a simple recitation of categories, such as "content discrimination" and "strict scrutiny," would permit. In my view, the category "content discrimi- nation" is better considered in many contexts, including here, as a rule of thumb, rather than as an automatic "strict scrutiny" trigger, leading to almost certain legal condemnation. To use content discrimination to trigger strict scrutiny sometimes makes perfect sense. There are cases in which the Court has found content discrimination an unconstitu- tional method for suppressing a viewpoint. E.g., Rosen- berger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 828-829 (1995); see also Boos v. Barry, 485 U. S. 312, 318- 319 (1988) (plurality opinion) (applying strict scrutiny where the line between subject matter and viewpoint was not obvious). And there are cases where the Court has found content discrimination to reveal that rules govern- ing a traditional public forum are, in fact, not a neutral way of fairly managing the forum in the interest of all 2 REED v. TOWN OF GILBERT BREYER, J., concurring in judgment speakers. Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972) ("Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say"). In these types of cases, strict scru- tiny is often appropriate, and content discrimination has thus served a useful purpose. But content discrimination, while helping courts to identify unconstitutional suppression of expression, can- not and should not always trigger strict scrutiny. To say that it is not an automatic "strict scrutiny" trigger is not to argue against that concept's use. I readily concede, for example, that content discrimination, as a conceptual tool, can sometimes reveal weaknesses in the government's rationale for a rule that limits speech. If, for example, a city looks to litter prevention as the rationale for a prohi- bition against placing newsracks dispensing free adver- tisements on public property, why does it exempt other newsracks causing similar litter? Cf. Cincinnati v. Dis- covery Network, Inc., 507 U. S. 410 (1993). I also concede that, whenever government disfavors one kind of speech, it places that speech at a disadvantage, potentially inter- fering with the free marketplace of ideas and with an individual's ability to express thoughts and ideas that can help that individual determine the kind of society in which he wishes to live, help shape that society, and help define his place within it. Nonetheless, in these latter instances to use the pres- ence of content discrimination automatically to trigger strict scrutiny and thereby call into play a strong pre- sumption against constitutionality goes too far. That is because virtually all government activities involve speech, many of which involve the regulation of speech. Regula- tory programs almost always require content discrimination. And to hold that such content discrimination triggers strict scrutiny is to write a recipe for judicial management Cite as: 576 U. S. (2015) BREYER, J., concurring in judgment of ordinary government regulatory activity. Consider a few examples of speech regulated by gov- ernment that inevitably involve content discrimination, but where a strong presumption against constitutionality has no place. Consider governmental regulation of securi- ties, e.g., 15 U. S. C. §781 (requirements for content that must be included in a registration statement); of energy conservation labeling -practices, e.g., 42 U. S. C. §6294 (requirements for content that must be included on labels of certain consumer electronics); of prescription drugs, e.g., 21 U. S. C. §353(b)(4)(A) (requiring a prescription drug label to bear the symbol "Rx only"); of doctor -patient confi- dentiality, e.g., 38 U. S. C. §7332 (requiring confidentiality of certain medical records, but allowing a physician to disclose that the patient has HIV to the patient's spouse or sexual partner); of income tax statements, e.g., 26 U. S. C. §6039F (requiring taxpayers to furnish information about foreign gifts received if the aggregate amount exceeds $10,000); of commercial airplane briefings, e.g., 14 CFR §136.7 (2015) (requiring pilots to ensure that each passen- ger has been briefed on flight procedures, such as seatbelt fastening); of signs at petting zoos, e.g., N. Y. Gen. Bus. Law Ann. §399—ff(3) (West Cum. Supp. 2015) (requiring petting zoos to post a sign at every exit "`strongly recom- mend[ing] that persons wash their hands upon exiting the petting zoo area"'); and so on. Nor can the majority avoid the application of strict scrutiny to all sorts of justifiable governmental regulations by relying on this Court's many subcategories and excep- tions to the rule. The Court has said, for example, that we should apply less strict standards to "commercial speech." Central Hudson Gas & Elec. Corp. v. Public Service Comm'n of N. Y., 447 U. S. 557, 562-563 (1980). But I have great concern that many justifiable instances of "content -based" regulation are noncommercial. And, worse than that, the Court has applied the heightened 4 REED v. TOWN OF GILBERT BREYER, J., concurring in judgment "strict scrutiny" standard even in cases where the less stringent "commercial speech" standard was appropriate. See Sorrell v. IMS Health Inc., 564 U. S. _, _ (2011) (BREYER, J., dissenting) (slip op., at _ ). The Court has also said that "government speech" escapes First Amend- ment strictures. See Rust v. Sullivan, 500 U. S. 173, 193- 194 (1991). But regulated speech is typically private speech, not government speech. Further, the Court has said that, "[w]hen the basis for the content discrimination consists entirely of the very reason the entire class of speech at issue is proscribable, no significant danger of idea or viewpoint discrimination exists." R. A. V. v. St. Paul, 505 U. S. 377, 388 (1992). But this exception accounts for only a few of the instances in which content discrimination is readily justifiable. I recognize that the Court could escape the problem by watering down the force of the presumption against con- stitutionality that "strict scrutiny" normally carries with it. But, in my view, doing so will weaken the First Amendment's protection in instances where "strict scru- tiny" should apply in full force. The better approach is to generally treat content dis- crimination as a strong reason weighing against the con- stitutionality of a rule where a traditional public forum, or where viewpoint discrimination, is threatened, but else- where treat it as a rule of thumb, finding it a helpful, but not determinative legal tool, in an appropriate case, to determine the strength of a justification. - I would use content discrimination as a supplement to a more basic analysis, which, tracking most of our First Amendment cases, asks whether the regulation at issue works harm to First Amendment interests that is disproportionate in light of the relevant regulatory objectives. Answering this question requires examining the seriousness of the harm to speech, the importance of the countervailing objectives, the extent to which the law will achieve those objectives, Cite as: 576 U. S. (2015) BREYER, J., concurring in judgment and whether there are other, less restrictive ways of doing so. See, e.g., United States v. Alvarez, 567 U. S. — (2012) (BREYER, J., concurring in judgment) (slip op., at 1-3); Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 400-403 (2000) (BREYER, J., concurring). Ad- mittedly, this approach does not have the simplicity of a mechanical use of categories. But it does permit the gov- ernment to regulate speech in numerous instances where the voters have authorized the government to regulate and where courts should hesitate to substitute judicial judgment for that of administrators. Here, regulation of signage along the roadside, for pur- poses of safety and beautification is at issue. There is no traditional public forum nor do I find any general effort to censor a particular viewpoint. Consequently, the specific regulation at issue does not warrant "strict scrutiny." Nonetheless, for the reasons that JUSTICE KAGAN sets forth, I believe that the Town of Gilbert's regulatory rules violate the First Amendment. I consequently concur in the Court's judgment only. Cite as: 576 U. S. (2015) KAGAN, J., concurring in judgment SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS v. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 20151 JUSTICE KAGAN, with whom JUSTICE GINSBURG and JUSTICE BREYER join, concurring in the judgment. Countless cities and towns across America have adopted ordinances regulating the posting of signs, while exempt- ing certain categories of signs based on their subject mat- ter. For example, some municipalities generally prohibit illuminated signs in residential neighborhoods, but lift that ban for signs that identify the address of a home or the name of its owner or occupant. See, e.g., City of Truth or Consequences, N. M., Code of Ordinances, ch. 16, Art. XIII, §§11-13-2.3, 11-13-2.9(H)(4) (2014). In other mu- nicipalities, safety signs such as "Blind Pedestrian Cross- ing" and "Hidden Driveway" can be posted without a permit, even as other permanent signs require one. See, e.g., Code of Athens -Clarke County, Ga., Pt. III, §7-4-7(1) (1993). Elsewhere, historic site markers—for example, "George Washington Slept Here"—are also exempt from general regulations. See, e.g., Dover, Del., Code of Ordi- nances, Pt. II, App. B, Art. 5, §4.5(F) (2012). And simi- larly, the federal Highway Beautification Act limits signs along interstate highways unless, for instance, they direct travelers to "scenic and historical attractions" or advertise free coffee. See 23 U. S. C. §§131(b), (c)(1), (c)(5). Given the Court's analysis, many sign ordinances of that kind are now in jeopardy. See ante, at 14 (acknowledging REED u. TOWN OF GILBERT KAGAN, J., concurring in judgment that "entirely reasonable" sign laws "will sometimes be struck down" under its approach (internal quotation marks omitted)). Says the majority: When laws "single[] out specific subject matter," they are "facially content based"; and when they are facially content based, they are automatically subject to strict scrutiny. Ante, at 12, 16- 17. And although the majority holds out hope that some sign laws with subject -matter exemptions "might survive" that stringent review, ante, at 17, the likelihood is that most will be struck down. After all, it is the "rare case[] in which a speech restriction withstands strict scrutiny." Williams-Yulee v. Florida Bar, 575 U. S. _, _ (2015) (slip op., at 9). To clear that high bar, the government must show that a content -based distinction "is necessary to serve a compelling state interest and is narrowly drawn to achieve that end." Arkansas Writers' Project, Inc. v. Ragland, 481 U. S. 221, 231 (1987). So on the majority's view, courts would have to determine that a town has a compelling interest in informing passersby where George Washington slept. And likewise, courts would have to find that a town has no other way to prevent hidden -driveway mishaps than by specially treating hidden -driveway signs. (Well-placed speed bumps? Lower speed limits? Or how about just a ban on hidden driveways?) The conse- quence—unless courts water down strict scrutiny to some- thing unrecognizable—is that our communities will find themselves in an unenviable bind: They will have to either repeal the exemptions that allow for helpful signs on streets and sidewalks, or else lift their sign restrictions altogether and resign themselves to the resulting clutter.* *Even in trying (commendably) to limit today's decision, JUSTICE ALITO's concurrence highlights its far-reaching effects. According to JUSTICE ALITO, the majority does not subject to strict scrutiny regula- tions of "signs advertising a one-time event." Ante, at 2 (ALITo, J., concurring). But of course it does. On the majority's view, a law with an exception for such signs "singles out specific subject matter for Cite as: 576 U. S. _ (2015) KAGAN, J., concurring in judgment Although the majority insists that applying strict scru- tiny to all such ordinances is "essential" to protecting First Amendment freedoms, ante, at 14, I find it challenging to understand why that is so. This Court's decisions articu- late two important and related reasons for subjecting content -based speech regulations to the most exacting standard of review. The first is "to preserve an uninhib- ited marketplace of ideas in which truth will ultimately prevail." McCullen v. Coakley, 573 U. S. _, (2014) (slip op., at 8-9) (internal quotation marks omit- ted). The second is to ensure that the government has not regulated speech "based on hostility—or favoritism— towards the underlying message expressed." R. A. V. v. St. Paul, 505 U. S. 377, 386 (1992). Yet the subject -matter exemptions included in many sign ordinances do not im- plicate those concerns. Allowing residents, say, to install a light bulb over "name and address" signs but no others does not distort the marketplace of ideas. Nor does that different treatment give rise to an inference of impermis- sible government motive. We apply strict scrutiny to facially content -based regu- lations of speech, in keeping with the rationales just de- scribed, when there is any "realistic possibility that official suppression of ideas is afoot." Davenport v. Washington Ed. Assn., 551 U. S. 177, 189 (2007) (quoting R. A. V., 505 U. S., at 390). That is always the case when the regula- tion facially differentiates on the basis of viewpoint. See Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 829 (1995). It is also the case (except in non- public or limited public forums) when a law restricts "dis- cussion of an entire topic" in public debate. Consolidated differential treatment" and "defin[es] regulated speech by particular subject matter." Ante, at 6, 12 (majority opinion). Indeed, the precise reason the majority applies strict scrutiny here is that "the Code singles out signs bearing a particular message: the time and location of a specific event." Ante, at 14. 4 REED v. TOWN OF GILBERT KAGAN, J., concurring in judgment Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 537, 539-540 (1980) (invalidating a limitation on speech about nuclear power). We have stated that "[i]f the marketplace of ideas is to remain free and open, gov- ernments must not be allowed to choose `which issues are worth discussing or debating."' Id., at 537-538 (quoting Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972)). And we have recognized that such subject -matter re- strictions, even though viewpoint -neutral on their face, may "suggest[] an attempt to give one side of a debatable public question an advantage in expressing its views to the people." First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 785 (1978); accord, ante, at 1 (ALITO, J., concur- ring) (limiting all speech on one topic "favors those who do not want to disturb the status quo"). Subject -matter regulation, in other words, may have the intent or effect of favoring some ideas over others. When that is realistically possible—when the restriction "raises the specter that the Government may effectively drive certain ideas or view- points from the marketplace"—we insist that the law pass the most demanding constitutional test. R. A. V., 505 U. S., at 387 (quoting Simon & Schuster, Inc. v. Members of N. Y. State Crime Victims Bd., 502 U. S. 105, 116 (1991)). But when that is not realistically possible, we may do well to relax our guard so that "entirely reasonable" laws imperiled by strict scrutiny can survive. Ante, at 14. This point is by no means new. Our concern with content - based regulation arises from the fear that the government will skew the public's debate of ideas—so when "that risk is inconsequential, ... strict scrutiny is unwarranted." Davenport, 551 U. S., at 188; see R. A. V., 505 U. S., at 388 (approving certain content -based distinctions when there is "no significant danger of idea or viewpoint discrimina- tion"). To do its intended work, of course, the category of content -based regulation triggering strict scrutiny must Cite as: 576 U. S. (2015) KAGAN, J., concurring in judgment sweep more broadly than the actual harm; that category exists to create a buffer zone guaranteeing that the gov- ernment cannot favor or disfavor certain viewpoints. But that buffer zone need not extend forever. We can adminis- ter our content -regulation doctrine with a dose of common sense, so as to leave standing laws that in no way impli- cate its intended function. And indeed we have done just that: Our cases have been far less rigid than the majority admits in applying strict scrutiny to facially content -based laws—including in cases just like this one. See Davenport, 551 U. S., at 188 (noting that "we have identified numerous situations in which [the] risk" attached to content -based laws is "attenuated"). In Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789 (1984), the Court declined to apply strict scrutiny to a municipal ordinance that exempted address numbers and markers commemorating "historical, cultural, or artistic event[s]" from a generally applicable limit on sidewalk signs. Id., at 792, n. 1 (listing exemp- tions); see id., at 804-810 (upholding ordinance under intermediate scrutiny). After all, we explained, the law's enactment and enforcement revealed "not even a hint of bias or censorship." Id., at 804; see also Renton v. Play- time Theatres, Inc., 475 U. S. 41, 48 (1986) (applying intermediate scrutiny to a zoning law that facially distin- guished among movie theaters based on content because it was "designed to prevent crime, protect the city's retail trade, [and] maintain property values .... not to suppress the expression of unpopular views"). And another decision involving a similar law provides an alternative model. In City of Ladue v. Gilleo, 512 U. S. 43 (1994), the Court assumed arguendo that a sign ordinance's exceptions for address signs, safety signs, and for -sale signs in residen- tial areas did not trigger strict scrutiny. See id., at 46-47, and n. 6 (listing exemptions); id., at 53 (noting this as- sumption). We did not need to, and so did not, decide the 6 REED v. TOWN OF GILBERT KAGAN, J., concurring in judgment level -of -scrutiny question because the law's breadth made it unconstitutional under any standard. The majority could easily have taken Ladue's tack here. The Town of Gilbert's defense of its sign ordinance—most notably, the law's distinctions between directional signs and others—does not pass strict scrutiny, or intermediate scrutiny, or even the laugh test. See ante, at 14-15 (dis- cussing those distinctions). The Town, for example, pro- vides no reason at all for prohibiting more than four direc- tional signs on a property while placing no limits on the number of other types of signs. See Gilbert, Ariz., Land Development Code, ch. I, §§4.402(J), (P)(2) (2014). Simi- larly, the Town offers no coherent justification for restrict- ing the size of directional signs to 6 square feet while allowing other signs to reach 20 square feet. See §§4.402(J), (P)(1). The best the Town could come up with at oral argument was that directional signs "need to be smaller because they need to guide travelers along a route." Tr. of Oral Arg. 40. Why exactly a smaller sign better helps travelers get to where they are going is left a mystery. The absence of any sensible basis for these and other distinctions dooms the Town's ordinance under even the intermediate scrutiny that the Court typically applies to "time, place, or manner" speech regulations. Accordingly, there is no need to decide in this case whether strict scru- tiny applies to every sign ordinance in every town across this country containing a subject -matter exemption. I suspect this Court and others will regret the majority's insistence today on answering that question in the affirm- ative. As the years go by, courts will discover that thou- sands of towns have such ordinances, many of them "en- tirely reasonable." Ante, at 14. And as the challenges to them mount, courts will have to invalidate one after the other. (This Court may soon find itself a veritable Su- preme Board of Sign Review.) And courts will strike down those democratically enacted local laws even though no Cite as: 576 U. S. _ (2015) KAGAN, J., concurring in judgment one—certainly not the majority—has ever explained why the vindication of First Amendment values requires that result. Because I see no reason why such an easy case calls for us to cast a constitutional pall on reasonable regulations quite unlike the law before us, I concur only in the judgment.