HomeMy WebLinkAboutOrdinance-1991-0860
TITLE:
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INTRODUCED BY COUNCILMEMBER MERKL
ORDINANCE NO. 860
Series of 1991
AN ORDINANCE AMENDING SECTION 26. ARTICLE IV. SIGN
CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1.: Section 26. Article IV. Sign Code is hereby amended
as follows:
26-401
26-402
26-403
26-404
19A 5.
26-405
19A 7.
26-406
19A 9.
19A 10.
26-407
26-408
l'JA 13.
26-409
26-410
19A 16.
26-411
26-412
CHAPTER -'I:-9Ao26
ARTICLE IV - SIGN CODE
Article I. In General.
Intent and Purpose.
Supersession.
Definitions.
Enforcement and Penalties.
Violation.
Article II. Licenses and Permits.
Contractor's License Required.~e; expiration.
Same SU3pension or revocation.
Permit Required.
Same Application.
Same Fees.
Same Signs Exempt From Permit.
Article III. Standards and Specifications.
Genera1~. Provisions
Conformance to Dui1ding Code.
Prohibited signs.
Permitted signs - Dy district. Specifications and
Regulations
Same Specifications.
Master Sign Plan
Billboards - Specifications and Regulations
ARTICLE I. IN GENERAfr
See. 191\ 1 26-401 Intent and Purpose.
The purpose of this chapter is to regulate all exterior signs-se
03 to protect property values, protect the character of various
use areas of the city and protect the health, safety and welfare
of the citizens of the city. Any 3ign placed on land or on a
building for the purpose of identification or for advertising a
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uoe conducted therein or thereon 3ha11 be deemed to be acces30ry
and incidental to 3uch land, building or use. It is intended
that the display of signs will be appropriate to the land,
building or use to which they are appurtenant and be adequate,
but not excessive, for the intended purpooe of identification or
adverti3ement. With respect to oigns advertising bU3iness U3eo,
it is specifically intended to avoid clutter among oign displays
in their demand for public attention. It is further intended
that in commercial areas now in existence and in prop03ed
commercial and industrial areas, all signo .lithin one complex be
coordinated with the architecture so that the overall appearance
is harmonious in color, form and proportion. It i3 also
intended by this chapter that all temporary signs erected for
directional purposes, for public information or for the
advertisement of special evonts sholl be of general public
interest and sholl be limited to the giving of information.
The intent and purposes of this Article IV, Sign Code are:
(a) To protect the public from signs which are structurally
unsafe; and
(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; and
(c) To facilitate easy, safe and pleasant communication between
people and their surroundings; and
(d) To conserve the character and economic value of buildings
and neighborhoods; and
(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; and
(f) To encourage the erection of signs which are legible in
their surroundings, compatible with the visual character of
the surrounding area, appropriate to the activities
identified; and
(g) To ensure that adequate and effective advertising signage
opportunities exist within a regulatory framework which
protects the constitutionally guaranteed right of free
speech.
Sec. 19A 2. 26-402 Supersession.
The terms and provisions of this chapter shall prevail in the
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event of any conflict between the provisions hereof and any
ordinance of the city heretofore enacted.
Sec. 19A 3. 26-403 Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
(a)Animated sign. A moving sign that utilizes motion,
implied or actual, in a horizontal or vertical plane or
both. of the surface and gives public information
limited to time, date, temperature or .,~cather; and
traditional barber pole3. The only animated type of
signs that are permitted are "Time and Temperature" and
"Barber Pole" signs.
(ba)Arcade sign. Any sign projecting beneath and attached
to the underside of any balcony, canopy, awning or
other structural overhang or passageway.
(eb)Artistic Mural or Sculpture: A free standing statue or
sculpture or a graphic illustration or design, or an
architectural design or relief applied directly to, or
incorporated within a wall of a building, which does
not advertise or promote a particular business,
service, or product. A company, firm, association,
society, etc. logo is not considered within the scope
of this definition and is considered a sign.
(ec)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.
(ed)Bi11board. Any sign in excess of fifty (50) square
feet in size utilized to advertise a product or service
that is not produced or conducted on the same property
as the sign.
(fe)Bui1ding front. The exterior wa11(s) of a building
facing a public street or streets or other public
right-of-way other than alleys; or one exterior wall
containing the primary entrance to the building if not
directly facing upon a public street.
(gf)Bulletin board. A sign resting upon the ground, which
announces meeting times or special events or occupancy
of the property on ~lhich it is located. of public
interest such as a church service, civic meeting or
similar event. (See Section 26-410c.)
(fig)Canopy. A roof-like structure serving the purpose of
protecting vehicles and/or pedestrians and which may be
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free standing or attached to a building, is provided
with supports, and is open on three sides if attached
and on all sides if free-standing.
(~h)Changeab1e 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
15 seconds. Any sign wherein the message changes
sooner that 15 seconds, shall be considered a flashing
sign.
(i) Development. A single lot, parcel, or tract of land
or portions or combinations of lots, parcels, or tracts
of land which are held in single or common ownership,
and which exist as a distinct functional entity.
Multi-use buildings and multiple building complexes
which are held in singular or common ownership, either
by individual, corporation, partnership, or other
legally recognized entity, shall be considered a
"development" for the purpose of signage.
(j) Informational sign. A free standing or wall type of
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 on-site buildings or facilities. A company
logo or name no larger than one (1) square foot, may be
included on each such permitted sign.
(k) Erect. To build, construct, attach, hand, place,
suspend, affix, relocate or reconstruct any sign or
sign-supporting structure.
(1) 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.
(m) Freestanding sign. A sign that is permanent and se1f-
supporting, being non-dependent on support from a
building or other structure, including signs placed
upon fences or non-supporting walls.
(n) Illuminated sign. A sign that is illuminated with
constant intensities of light of a non-varying nature.
There are three types of illuminated lights as follows:
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(l)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.
(2)Indirect: lighting which illuminates the front of a
sign or the entire building facade upon which the
sign is displayed, the source of the light being
shielded from public view and from surrounding
properties. Indirect illumination does not include
lighting which is primarily used for purposes other
than sign illumination, such as parking lot light.
(3)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.
(j) Indirect lighting.
visible structures,
Lighting source built into non
fixtures or bulbs.
(0) 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.
(p) Nonconforming sign. A sign which does not conform
with the regulations set forth in this chapter, but
which did meet the requirements of the regulations
existing at the date of its erection.
(q) Off-premises sign: any sign, fifty (50) square
feet or smaller, which advertises or directs attention
to a business, commodity, service or activity
conducted, sold or offered elsewhere other than on the
property which the sign is located.
(r) Outdoor advertising devicGs: including but not
limited to placards, with maximum dimensions of twelJe
inches by eighteen inches banners, pennants, and
streamers.
(s) Painted sian. A sign that is painted directly onto
the exterior surface of a building, wall or structure.
(t) Portable Hovable promotional sign: Any sign which is
supported by one or more uprights or braces upon the
ground and which is of portable design.
(u) Projecting sign. A sign which is affixed to any
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building, wall or structure and which extends beyond
the building wall more than fifteen inches.
(v) Public Information sign. A sign giving only
information about public places owned and operated by
federal, state or local government., relating to
natural phenomena, historic sites, areas of natural
scenic beauty or areas naturally suited for outdoor
recreation.
(w) Public sign. Official sign that is required by law or
ordinance or is necessary for public information.
(x) Revolving sign. A sign utilizing an axis point to
pivot the sign surface. Revolving signs are
specifically prohibited.
(y) Roof sign. A sign erected, constructed and maintained
above the eaves and attached to the roof of a building.
Roof signs are specifically prohibited.
(z) Semi-public sign. A sign giving information as to
church location, educational institutions or service
club locations.
(aa)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.
(bb)Sign oermit. A building permit usee 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 chapter Sign Code.
(cc)Sign structure. Sign structure shall mean Any
supports, uprights, braces or framework of ~ a sign
which does not include any portion of the sign message.
(dd)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.
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(ee)Surface area of sign. Shall be computed on the basi3
of that area within the outside dimen3ion3 of the
largest sides of the sign containing advertising, but
shall not include the characters are attached to the
3tructure3 and, in the case where character3 are
attached to the 3tructure with no background other than
the building to which they are attached, the 3urface
area shall be that area in3ide the lines drawn on the
edge of the character3 30 that each word or portion of
a statement will be encompa33ed by one line.
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., free standing, 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.
(ff)Temporarv sign. Any sign, banner, pennant, valance or
other outdoor advertising di3p1ay or 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.
(gg)Unlawful sign. Any sign or outdoor advertising
3tructure device erected in the absence of a permit
required by this chapter, or in violation of any of the
limitations, prohibitions or requirements of this
chapter.
(hh)Unsafe sign. Any sign or advertising structure found
unsafe or insecure or creating a hazard or menace to
the public safety, health and welfare. a3 determined by
the building inspector.
(ii)Wa11 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 inches beyond the
building wall, except that signage placed upon
marquees, canopies or awnings shall be considered as
wall signs.
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Section 19~ 4. 26-404 Enforcement and Penalties.
Enforcement and penalties shall be in accordance with those
provisions set forth in Wheat Ridge Code of Laws, Section 26-2.
In addition to any remedies set forth in Section 26-500 ,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 24 hours prior to removal, upon the premises
where such sign(s) is located:
(a) Signs which are prohibited pursuant to Section 26-
409 (b). (c), (e), (h), (j) or (k).
(b) Unlawful "temporary" or "portable" signs as defined
in Section 26-403(ee).
(a) The Deportment of Community Development 3hall be
reaponsib1e for the enforcement and admini3tration of thi3
chapter.
(b) All 3igns shall be maintained 30 as not to be di3tracting,
unattractive or a public nui3ance and shall be in good
repair and effectively 3erve the purpo3es for which thoy
\Jere intended.
(c) No CJ~i3ting 3ign shall be rebuilt, enlarged, extended or
relocated except in conformance with the provision3 of the
regu1ation3 of this chapter.
(d) When," in the opinion of the Chief Building In3pector, the
safety of a proposed or existing sign structure i3
questionable, the applicant 3ha1l furni3h 0 certificate
from a regi3tered civil, structural or meehanica1 engineer
certifying to it3 3afety.
(e) The Enforcoment Officer shall order the removal of ony sign
frF-Signs that ore not erected or maintained in compliance
with the provision3 of this chapter.
(f) Notice of removal ahall be given to the owner or U3er of
such sign to be removed or brought into compliance by
regi3tcred mail. Removal 3hal1 be completed within ten
calendar days from the date of notice.
Section 29^ 5. Violation
It i3 un1m,ful for any person to .v"iolate any--ef the pro.v"isions
of this chapter and any such violation shall be punished as
fol10H:J:
Every person convicted of a violation of any prOvision of th~
chapter shall be punished by a fine not exceedinry-NINE hundred
NINETY NINE do1lar3. Each day that 3uch ~io1ation continues
shall constitute a separate offense and be 3ubject to such fine.
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Section 19A 6. 26-405 Contractor's License Reauired.
(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 of Wheat Ridge sign contractor's license, except for
those signs exempt from licenses permit.
(b) A license contractor's fee of twenty five (25) fifty
(50) dollars shall be paid at the office of Planning and
Development.
(c) All 3ign licenses shall expire on December 31 of the ~ear
in which issued.
Section 19A 7. Game
suspension or revocation.
(d) The Mayor 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 of the City. (See Chapter 5 of
the Wheat Ridge Code of Laws for related provisions.)
Section 19A 8. 26-406 Permit Reauired.
(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 subsection 26-407 of this Sign Code.
Section 19A 9. Came
Application
(b) An application, accompanied by a scale drawing, for each
separate sign permit shall be made to the Department of
Community Planning and Development on a form supplied by
the department. Such applications shall set forth the name
and address of the applicant; the location where such sign
is to be erected or located; the name, phone number and
address of the owner of the property; the size, height,
type and general description of such proposed sign,
including the materials of which it is constructed; ~
zone in which it i3 located; 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
chapter. A plot plan of the lot or parcel shall accompany
the application and shall show the location of the proposed
sign, and the location, type and size of other signs which
exist upon the lot. The mere application for a sign permit
does not assure that a permit will be issued, therefore it
is advised that signs not be fabricated, constructed or
purchased prior to issuance of a sign permit.
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Sec. 19a 10. Same
Fec3.
(c) Fees for the erection of signs shall be established by the
City Council and set forth in Wheat Ridge Code of Laws,
Chapter 5. Permit fees and City Use Tax will be waived
where a nonconforming sign is removed and replaced by a
sign conforming with these regulations.
Section 19A 11 26-407 Same Signs Exempt~ From Permit
Requirement
The following are exempt from application for permit; however
are subject to all other provisions of this sign code:
(~a) Flags, placards, banners, badges, insignias or similar
devices of any governmental agency or civic, charitable,
religious, patriotic, political, fraternal or similar nonprofit
organization, when located on their own premises or displayed
along a march of any parade or in sockets along any street
during a fund-raising drive or other similar special event. Any
such devices to be placed within public right-of-way may only be
approved by City Council.
(~b) A bulletin board ~ erected by any governmental,
fraternal, civic, religious or service organization or club for
the purpose of announcing its presence and the time and place of
its regular meetings or special events. provided, that such
3igna 3hall not excecd twcnt] squarc fcct in 3urface arc a and
3ha11 bc no closer than twenty fi~c fcct to a street
interscction. (See Section 26-410(c))
(.Gac) Signs required by regulation or statute of the federal,
state or municipal government.
(.G4d) Real estate signs in accordance with thc provision of
this chaptcr. A sign erected for the advertising of the
prospective sale or rental of property on which it is
maintained, when in conformance to this chapter. (See Section
26-410(n))
(.G5e) A sign advertising individual rooms for rent within a
rooming and boarding house, if it does not exceed two square
feet of display surface. and is no closer than ten fect to any
property line and t\icnty fivc feet to any strect interscction.
(.G6f) A wall sign on a residence building stating the name and
profession or occupation of the occupant therein when associated
with a permitted home occupation which allows signage; providcd,
that thc 3urface arca does not cxceed one and onc half squarc
fcct.
(.G7g) Pwe One temporary construction signs per use per street
frontage which advertise the proposed new use of the premise or
10
any number of signs which are necessary for safety, on the
premises or on a temporary protective fence around a building
being constructed, repaired, altered or demolished; provided,
that the area of each sign does not exceed thirty-two square
feet and is no higher than twelve (12) feet. (See Section 26-
410(n) )
(.eBh) Temporary signs attached to door or window areas
announcing special sales and features, for a period of two weeks
in advance and during such special sales and features; provided,
that the signs do not exceed fifty percent of the window area.
(.G9i) A sign located inside of a building, even if it is
visible from outdoors; provided, that such signs does not
obstruct more than fifty percent of the window area and that
those signs which advertise temporary uses such as rummage
sales, garage sales, open houses are located on private
property.
(~j) Construction 3igns, Political campaign signs and street
banners and temporary produce sales signs, pennant3, etc., when
in accordance with this chapter. (See Section 26-410(n))
(~k) House or building address number signs.
(~l) Informational signs which are accessory to the primary
use (i.e., "restrooms", "no smoking", "wheel chair entrance",
etc.), or directional (i.e., "in", "out", "ramp", "drive-thru",
etc.), are exempt from a sign permit subject to the following
standards:
(1) Size shall not exceed 4 square feet per side;
(2) May be wall mounted, free standing, or attached to
other free standing signs or canopies, but shall not be
counted against the allowable size of another type of
permitted sign;
(3) May be illuminated by internal lighting only, if free
standing type; and
(4) If free standing, shall not exceed 42 inches in height
if within a required site distance triangle, or 48
inches where outside of a sight distance triangle.
(m) Temporary signs as permitted under Section 26-410(n).
See. 19^ 12. 26-408 Genera1~ Provisions.
(.01) Public Flags: variance required. No person, firm or
corporation shall hang any flag or banner across any public
right of way, unlOS3 specifically granted a varianco by the City
council. Any 'V'ariance a11miing such display shall be limited to
a five day duration.
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(~a)Nonconforming Signs.
The lawful use of a sign existing at the effective date of
this ordinance may be continued, although such use does
not conform to the provisions of this chapter; provided,
that use of tho sign is not subject to rcmova1 under the
Beautification Act, upon payment of compensation.
subject to the following provisions:
(el) Rebuilding, enlargement, relocation, extension,
replacement or reconstruction of a nonconforming sign is
not permitted unless such sign is brought into conformance
with this chapter.
(e2) In the event the use of a nonconforming sign is
discontinued for a period of twelve sixty (60) consecutive
months days, the use of such nonconforming sign shall
thereafter conform to the provisions of the zoning
district in which it is located, or be removed. For the
purpose of this section, the term "discontinued" shall
apply to uses which customarily operate on a continuous
basis versus a seasonal basis. Seasonal uses shall be
subject to a twelve (12) month period of non-use prior to
requiring full compliance with these regulations.
(03) A nonconforming sign that is destroyed or damaged
more than fifty percent of its net worth due to natural
causes may not be reconstructed except in accordance with
the provisions of this chapter, however, any sign
destroyed or damaged to any extent by vandalism may be
rebuilt to its original state within six months or in
conformance with this chapter.
(e4) Normal maintenance such as painting, and message
replacement within sixty (60) days of prior use, which
does not require modification of the sign structure,
supports or members, shall be permitted.
(~5) In order to provide an incentive for removal of
nonconforming signs, permit fees and City Use Tax will be
waived where a nonconforming sign is removed and replaced
by a sign conforming with these regulations.
(~b)Discontinued business, etc. Whenever a busincs3,
industry, or scrvice 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 days after the discontinuance of such
business, industry or aervice. use. Any such sign which
is nonconforming to these regulations and which is not
used to advertise on active business within sixty (60)
days of discontinuance shall be removed, or otherwise
brought into compliance.
(.Bac)Remova1 or reconstruction of Dangerous gertain signs.
All signs that obstruct clear vision for a distance of
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fifty feet in any direction from the street, intersection
or driveway, which are prohibited by subsection 19-14(.01)
hereof, relating to obstruction to view at street
intersections, and all illuminated signs that are erected
in such a location that a traffic signal light is in a
direct line between the sign and oncoming traffic, and all
signs that employ a lighting or control mechanism which
causes radio, radar or television interference, and any
sign so erected, constructed or maintained as to obstruct
or be attached to any fire escape, window, door or
opening, used as a means of egress or ingress or for fire-
fighting purposes or so placed as to interfere with any
opening required for light or ventilation, and any other
~ signs that are inoperable, unsafe or dilapidated ef
not in use shall conform to the provisions of this chapter
either by removal or reconstruction, whichever applies,
within sixty days after the owner of such sign is notified
of the violation.
(.04) Signs on public propertx. All signs, except public
signs that arc located wholly or partially on public
property, shall be remo~ed within one year of the
effective date of this chapter.
(.05) General specifications. All signs other than wall signs
or painted signs may be bock to back or v shaped, and each
side may have a maximum dimension not to exceed the
maximum stated for each respective type sign in Section
19A 16; provided that the requirements for billboards
shall be as stated in Section 19^ 16.
(.G6d)Location of certain signs. All signs, except
billboards, off-premises signs, public signs, semi-public
signs, and public information signs, allowed by this
chapter, shall be located on the lot for which they
advertise.
(oBfe)Attachment to public structures. Attachment of any sign
to utility poles or other poles or structures within
public right-of-way is prohibited, except as approved by
City Council pursuant to subsection 26-407(a).
(.08) '1aximum number permitted per use. No use may utilize
more than a total of three signs (arcade signs are not
counted toward the maximum, billboards ore counted towards
maximum) per street frontage; provided, that no one use
shall exceed a maximum of five signs.
Sec. 19^ 13. (f) Conformance to Building code. The design of
all sign structure members and foundation shall conform to the
requirements of the Building Code relative to allowable
stresses, materials and engineering standards. Loads, both
vertical and horizontal, shall not produce stresses exceeding
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those specified in the Building code, and material construction
shall be of the quality and grade required by the Building Code.
All signs and structures shall be designed and constructed to
meet the Uniform Building and Electrical Code requirements.
Sec. 19A 14. 26-409 Prohibited signs.
The following signs are prohibited:
f-G1) Signa erected, eatablished or maintained on a corner lot
within a triongular area bounded by the lot line3 and a linc
connecting points on each lot line twenty five feet from the
inter3ection of such lot lines; except, that a 3ign within thi3
area not exceeding forty two inchea in height as mcasured from
the centerline elevation of the street shall not be considered
83 an ob3truction to vision. In addition, aign projection or
o~erhang across the abo~c area nhal1 be permitted only when the
bottom of the sign surface is a minimum of aeven feet above
ground 1e~ as measttred at the interaection of the center1ines
ef-the streets.
(~a) Any sign which would violate the sight Distance
Triangle requirements of the Wheat Ridge Zoning Ordinance,
Section 27.1.2.
(b) Any sign which, even though in general conformance with the
standards and requirements of this Sign Code is judged by the
Chief of Police and Public Works Director as a dangerous sign
due to interference with a traffic control device by being in
direct line between the control device and oncoming traffic, or
otherwise in visual competition with a traffic control device.
(~c) Any sign that is erected in such a location as to
interfere with motor vehicle traffic.
(.Bad) Any sign employing a lighting or control mechanism which
causes radio, radar or television interference.
(.&4e) Any sign so erected, constructed or maintained as to
obstruct or be attached to any fire escape, window, door or
opening used as a means of egress or ingress or for fire
fighting purposes; or any sign so placed as to interfere with
any opening required for light or ventilation.
(.B5f) Flashing signs and searchlights.
(.G6g) Revelving or Animated signs, including revolving,
whirling, twirling or any other sign which uses motion, either
implied or actual except that barber poles not exceeding five
(5) feet in length and not roof mounted, and time and
temperature signs are permitted.
(.&7h) Structurally Unsafe signs. as determined by the Chief
Building Official based upon criteria established in the adopted
14
Uniform Building Code and/or Uniform Code for the Abatement of
Dangerous Buildings.
(.eBi) Roof signs.
(~j) Wheeled advertising devices, except for currently
licensed, operable vehicles which are primarily used by its
owner for service, delivery, or general transportation on a
d~~ regular basis.
(~k) Any merchandise displaced outside of building in such a
way 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 as a sign and
is hereby 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.
See. 19A 16. Same 26-410 Permitted Signs - Specifications and
Regulations
(.ffia) Animated.
(0) Haximum sign surface area, one hundred fifty square
feet.
(b) Baximum height, tHenty five feet unless enclosed in
building 3tructure.
(c) Haximum one per site.
(d) Bust be set bock a minimum of ten feet from any
property line un1e33 enclosed in building structure.
(e) Darber poles not to exceed five feet in length or be
locuted-above eave line.
Size of sign is based upon the sign type (i.e. free
standing, wall, or projecting). See subsections 26-
410. (e), (i), or (0).
(2) The only animated signs permitted arc "Time and
Temperature" and "Darber Pole" signs-.
(.Wb) Arcade.
(a1)Nonresidentia1 uses, and Class II Home Occupations
only ftftd multiple family uses only.
(e2)Maximum height, bottom of eave, balcony, canopy,
awning or other structural overhang or passageway to
which it is attached.
(e3)Minimum height, seven feet above grade.
(d4)Maximum one per building entrance for nonresidential
uses; only one per each residence for Class II Home
Occupations.
(e5)Maximum area, a four square feet for nonresidential
uses; two square feet for Class II Home Occupations.
( f )p1aximum dimen::lion of anyone- side, two feet.
(.B4c) Bulletin boards.
(a1)Non-residential, nonagricultural and multiple-family
uses only, as specified under Section 26-407(b)
15
(b2)Maximum area, thirty-two square feet.
(e3)Maximum height, eight feet.
(a4)Maximum one per street frontage.
(e5)Must be set back a minimum of ten feet from any
property line.
(.G4d) Freestanding - Residential Districts
(al )Not allmmd for single or hlO family uscs. Permi tted
only for non-residential, non-agricultural and
multiple-family uses.
(b2)Maximum sign area twcnty square feet; or is two square
feet for each one thousand square feet of lot area, ~
to exceed ninety six square fcet total sign arca per
use, with a maximum of thirty-two square feet per sign.
(e3)Maximum of one per street frontage.
(a4)Maximum height in R-1, R-1A, R-1B, R-lC, R-2, R-2A and
A-I, A 2 and PUI Districts, six feet.
(e5)Maximum height in R 2, n 2A, R-3, R-3A, II 1, II 2 and
PRD Districts, without commercial uses, twelve feet.
(~6)Maximum height in PRD District, with commercial uses
and for commercial uses only, twenty-five feet.
(~7)Must be set back a minimum of ten feet from any
property line.
(8)May be illuminated.
(.Gee) Freestanding - Nonresidential Districts
(l)Maximum height: twenty five feet; provided, that signs
for retail and service businesses within one-quarter
mile of an interstate ~ highway, that are oriented to
the interstate highway, are permitted one (1)
freestanding sign up to fifty (50) feet high. Any
other permitted freestanding sign shall not exceed
twenty five (25) feet in height. may be higher than
twenty fivc fcet; providcd, that the height does not
exceed the elevation of the interstate plus fifteen
feet, as measured at the centcr of the interstate
right of way directly above the centerline of the
nearc3t of thc following intersecting roaddoys: Harlan,
Wad3worth, Carr, Kipling, Hard Road, 44th Avenue and
32nd ~venue; in any event, no freestanding sign 3hall
excced fifty feet in height.
(b)Maximum size sign for devc10pments involving a single
use-:-
(1) One thousand five hundred square feet of first
floor building area and under maximum sign 3ize,
sevcnty five square feet.
(2) One thousand five hundred square feet of first
floor building area and over 3eventy five square feet
of sign orca for the firnt one thousand five hundrcd
square feet plus one square foot of sign area for each
forty square fect of first floor building area over one
thousand five hundred square to maximum of one hundred
fifty 3quare fect of sign area.
16
(c) Haximum 3ize sign for developments having bm or more
use3 (bu3iness, out1et3, stores, etc.):
(1) One thousand five hundred square feet of first floor
building area and under maximum sign size, 3eventy five square
feet.
(2) One thousand five hundred square feet to four thousand
fl4ne hundred ninety nine square feet of fir3t floor building
area maximum size sign equals seventy fi~e 3quare feet plus one
3quare foot for each forty square feet o~er one thou3and five
hundred 3quare feet up to a maximum allowable sign area of one
hundred fifty square foot.
(3) Fi~e thousand square foot and over of first floor
building area, maximum sign area equal one hundred fifty square
feet plus one square foot of sign area for each four hundred
square feet of first floor building area o~er fi~e thousand
3quare feet to a maximum allowable sign area of five hundred
3quare feet pro~ided anyone sign does not exceed two hundred
fifty square feet.
(fl2) Maximum number of signs per development: one per street
frontage, not to exceed two (2) per development, except as may
be permitted by a Master Sign Plan pursuant to Section 26-411.
Where two (2) freestanding signs are permitted by virtue of
multiple street frontage, the sign area allowed may be
transferred from one sign to another provided that such transfer
does not allow the larger sign to exceed one hundred fifty
percent (150%) of the maximum area allowed based upon building
area. Additionally, the sign area allowed for the smaller sign
shall be reduced two (2) square feet for each one (1) square
foot transferred. (e.g. 2 signs are allowed on a corner lot up
to 100 S.F. each. One sign could be increased to 150 S.F.,
however, the other sign's area was transferred 2 for 1,
therefore the other sign would not be allowed.)
(3) Sign Setback Requirements:
(i) From Adjacent Properties - Ten (10) feet where
adjacent to residential zoned properties: no setback
where adjacent to non-residential zoned properties.
Where a sign exists on an adjacent property and that
sign is within twenty (20) feet of the proposed
location of a new sign on the adjacent property, an
offset, either vertical or horizontal, shall be
required such that the existing sign is not visually
blocked by the new sign.
(ii) From Street Right-of-Way: Five (5) feet for signs
under seven (7) feet high, ten (10) feet for signs
seven (7) to twenty-five (25) feet high, and thirty
(30) feet for signs over twenty-five (25) feet
high.(See Section 27.1.)
17
(4) Landscaping Requirement:
development, all freestanding
landscaped areas.
For new development or total re-
signs shall be placed within
(c) Must be set back a minimum of ten (10) feet from any
~erty line.
18
(a5) Maximum Sign Area: based upon the following table.
MAXIMUM SIGN AREA(*)
(Square Feet = S.F.)
Floor Area of Bldg.
Single Use Development
o - 1,500 S.F.
35 S.F.
1,500 - 5,000 S.F.
35 S.F. plus 1 S.F. per
each additional 50 S.F.
of floor area over 1501.
5,000 - 50,000 S.F.
100 S.F. plus 1 S.F. per
each additional 500 S.F.
of floor area over 5,001.
over 50,000 S.F.
190 S.F. plus 1 S.F. per
each additional 1000
S.F. of floor area over
50,001 up to a maximum
size of 300 S.F.
Multiple Use Dev.
60 S.F.
60 S.F. plus 1 S.F. per
each additional 40 S.F.
of floor area over 1501.
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 1000 S.F.
of floor area over 50,001
up to a maximum size of
400 S.F.
(*)Freestanding signs for retail or service business located within one-
quarter mile of interstate highways, that are oriented to the interstate
highway, will be allowed a fifty percent (50%) increase in area for one
free standing sign per development. All other permitted freestanding signs
shall meet the standard area requirements.
19
(.07 Illuminated, Indirect lighting source only.
(.Gaf) Illuminated.
(a1) Within one hundred feet of a residential structure,
indirect or internal lighting only.
(b2) Over one hundred feet from a residential structure,
any type of lighting source is allowed, except search
or flashing lights; provided, that it shall be
shaded, shielded or directed so that the light shall
not adversely affect surrounding premises or safe
vision on public or private roadways, including
highways.
(g) Off-premises sign:
(l)Permitted only on commercial or industrial zoned
property;
(2)Free-standing type of sign only;
(3)Maximum size: 50 square feet;
(4)Maximum height: 25 feet;
(5)An off-premises sign counts toward the allowed number of
free-standing signs for the property where the sign is
located; and
(6)Maximum number of off-premises signs for anyone activity
equals two(2).
(~h) Promotional m07eab1e. Portable
(a1)"A" frame or pedestal style only.
(b2) Maximum area, ~ six (6) square feet.
(e3) One per street frontage, but no more than two (2) per
development.
(54) Must be set back a minimum of ten feet from any
property street right-of-way line if over 42 inches, or
two (2) feet if under 42 inches high.
(e5) Must be anchored to the ground or weighted sufficiently
to prevent movement by force of wind.
(~i)Projecting.
(a1) Maximum height, roof line, top of wall or parapet; not
to be roof mounted.
(b2) Maximum projection, ten feet and, in any event, not
ever within ten (10) feet of the property line or
street right-of-way.
(c3) Maximum size, one (1) square foot for each one (1) foot
of height of the building wall to which the sign is to
be attached. determined by formula in subsection .06)
(d4) Projecting and wall sign not permissible on same wall.
(e5) Maximum number, one per street frontage.
(.10) Outdoor ad7ertising. Shall bo permitted only for a new
office, business or industry for no longer than thirty daY3 after
tho opening of such new business, and at no other time shall such
device3 be permitted.
20
(~j) Public. Direction and other official signs or notices
within the right-of-way that are required or authorized by
law only.
(~k) Public information. With the approval of the Director of
community Planning and Development.
(1) RESIDENTIAL SUBDIVISION SIGNS
(1) Permanent Identification Signs:
a. One (1) for each street frontage;
b. Not to exceed twenty (20) square feet in area or six
(6) feet in height;
c. Free standing type signs must be set back onto the
property a minimum of ten (10) feet, unless
incorporated into a traffic island entrance, then
twenty-five (25) feet back from face of street curb,
and three (3) feet from edge of traffic island.
d. Fence or wall incorporated type signs may be placed
parallel with, and at property line, following the
same height and sight distance requirements as for a
wall or fence.
(2) Temporary Model Home Signs
a. One (1) per model home;
b. Not to exceed twelve (12) square feet each, and not
over six (6) feet in height if a free standing type;
and
c. Must be set back from property lines a minimum of ten
(10) feet.
(.+am) Semi-public.
(a1)Maximum area, six square feet per sign.
(e2)Maximum number, two per activity.
(e3)Hu3t be on private property May be located off-premises
with approval of the property owner.
(e4)May be located within public right-of-way if approved by
either the City of Wheat Ridge Public Works Director, if
a City street, and by an appropriate State of Colorado
official, if a state highway, provided, however, that
such proposed sign will not pose a potential hazard to
motorists or pedestrians and that such signs will not
block the view of any official public signs.
(~n) Temporary.
(a1)One per street frontage, and setback at least ten (10)
feet from street right-of-way of property line.
(e2)Construction sign not to exceed thirty-two square feet
and twelve (12) feet in height. Allowed between time a
building permit is issued and a Certificate of Occupancy
is obtained.
(e3)Politica1 campaign signs may be located on property only
by permission of the landowner and if located in
commercial and industrial districts only are not to
exceed sixteen square feet; prOvided, that they are
21
located on pri~atc propcrty; and providcd, that they are
rcmo~ed within ten da}3 aftcr election. or if located in
any other zone district, shall not exceed eight (8)
square feet. All such signs shall be removed within
seven (7) days after election.
(e4)For sale or lease signs not to be illuminated and no
larger than nine square feet for one and two family
dwelling residential uses and no larger than fifty
square feet for commercial or industrial all other uses.
(5) Banners, pennants, streamers and/or inflatable
advertising devices are allowed for any non-
residentially used property to advertise special events
or sales, provided that such devices are securely
anchored so as to prevent blowing, flapping,
dislocation, entanglement or undue distraction or hazard
to motorists, or encroachment upon adjacent property or
public streets."
(~o) Wall or painted.
(a1)Sha11 pertain to the naturc of thc bU3iness, 3crvicc or
product3 within the building whercon it is located.
(h2)Maximum area to be no larger than two sguare feet for
every linear foot of the side of the building to which
it is affixed.
Signs affixed to attached or detached canopies and
marquees or awnings shall be considered wall signs and
shall be calculated based upon the length of the wall to
which they are attached or adjacent to.
(e3 ) t1aximum numbcr, onc pcr street frontage. Each ground
floor tenant or use shall have the right of wall signage
upon any wall which fronts upon a public street, or if
not fronting upon a public street, upon any wall which
fronts upon a major interior drive having direct access
to a public street.
For uses which have a rear entry or delivery door one
non-illuminated wall sign per use, not to exceed ten
(10) square feet, is permitted.
(e4 ) t1ay not cxtend bc} ond thc top of the Hall nor the 3ide
of thc ~mll. For buildings with flat roofs, wall signs
shall not extend above the top of parapet or mansard,
and if placed upon a parapet or mansard, shall not
extend more than three (3) feet above the deck line.
(e5)May not extend more than fifteen inches beyond the
surface of the wall. and may not extend beyond the side
of the wall.
(~6)Commercia1, industrial, multiple-family, public and
semi-public uses only.
Seetion 19A 17. 26-411 MASTER SIGN PLAN:
The Planning Commission may approve a master sign plan for
Planned Developments, of any size and for any existing or
proposed business centers or office complexes of at least two (2)
acres or more in size which are under unified control either by
ownership, legal association or leasehold.
22
The intent and purpose is to encourage well-planned and designed
signage within a large multiple building or multiple use complex
which expresses unification and integration by elements of
architectural style, size, color, placement and lighting while at
the same time allowing for reasonable individual business
identification. An additional purpose is to encourage the
elimination of existing nonconforming signs. The Planning
Commission may grant as a bonus for well designed plans up to a
one hundred percent (100%) increase in the number of signs and/or
fifty percent (50%) increase in maximum square footage, and/or
may permit signs in locations other than normally permitted,
based upon a finding that the proposed master sign plan
substantially meets the intent and purpose of this subsection
relating to unification and integration of signage.
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 convenant and must be
complied with by all owners, proprietors, lessees or assigns,
whether current or future. No substantial variation from the
plan, shall be permitted without Planning Commission approval.
Approval procedures under this provision shall be subject to
those requirements for a Conditional Use, as set forth in the
Zoning Ordinance, Section 26.A.
(.Ga) 26-413 Bi11boards.- Specifications and Regulations
(a)Genera1~ Provisions.
(l)For the purpose of this subsection, the city is
divided into three two (2) billboard districts, B-1,
~ and B-32, as shown on the official billboard
zoning map of the city and incorporated herein as
Figure 26.IV.-1 which is hereby made a part of the
chapter and which is filed in the office of the city
c1e~r and on display in the community development
department of the city.
(2)Bi11board 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 feet of the right-
of-way line of any state or federal highway is first
additionally approved by the state in writing and
that such written approval is made available to the
department of community Planning and Development.
(3)Setbacks shall be as required for a principal
structure in the zoning district where located.
(4)Haximum height, thirty two feet; except in the D 1
Di3trict, where the maximum height i3 twenty fi~e
feet.
(5)Length shall not exceed three and one half time3 the
height.
(e4)Roof billboards are not allowed.
23
(~5)A11 new billboards after April 1, 1976 shall be of
the pedestal type, unless prohibited by soil
conditions as certified by a professional engineer.
(86)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 subsection (3) of this section 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 fifteen thirty
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.
(ab)B-1 District
(l)Maximum number of structures equals thirty-five, the
number of structures existing as of April 1, 1976.
(2)The only locations allowed shall be those exact
locations of existing billboards on location as of
April 1, 1976, except as provided in item (4).
(3)Maximum size and height of each billboard equals the
exact size of each billboard as of April 1, 1976,
prOvided, that existing billboards larger than three
hundred square feet may be altered; provided, that
the maximum size after alteration is no larger than
three hundred square feet; and provided, that a city
permit is appro~ed for such alteration.
(4)"0 billboard may be relocated with the D 1 District,
except those billboards which arc relocated within a
C 1 or C 2 zoning district; provided, that such
relocation takes place within one year of the
effective date of this chapter; and provided, that
the billboard is no larger than three hundred square
feet, located no clo3er than six hundred feet to any
other billboard facing in thc 3ame direction on the
same roadway a3 defined by roadHay name or number;
the maximum height is twenty fi~e feet, the setback
requirements are the same as tho3e for principal
structures for the district in Hhich located and the
length of such billboards shall not exceed three and
one half times the height; roof billboards arc now
allowed. After the above mentioned date, no
billboard may be re10catcd.
t54)Existing billboards are to bc maintained in a neat
and safe condition; provided, that no existing
billboard may be rebuilt replaced except in
conformance to sub3ection (3) of this section; and
prOvided, that when, in the opinion of the building
in3pector, the safety of an exi3ting billboard is
questionable, the billboard owner shall either
remo~e the billboard within fifteen days of
notification or shall furnish a cortificate from a
24
regi3tered civil, structural or mechanical engineer
certifying to its safety. It is the intent of this
subsection that existing billboards which have
served their useful life as evidence by their
dilapidation, unsafe or outdated condition or
construction will cease to exist, never to be
replaced in the B-1 District; therefore, normal
maintenance such as painting will be allowed, but
replacement of structural members will not be
allowed unless it is shown that the structural
damage was caused by vandalism, windstorms in excess
of sixty miles per hour or human-caused accidents
outside the control of the billboard owner.
(5)All billboards within the B-1 district shall cease to
exist by January 1, 1996. Any billboard remaining
after such date is subject to removal by the City of
Wheat Ridge, and costs related to such removal shall
be recovered as provided by law.
(ec)B-2 District.
(l)Maximum number allowed is sixteen; provided that
allowed 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 times the
height.
(36)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.
(47)Existing billboards, os of April 1, 1976, may be
rebuilt or replaced on their existing site;
pro~ided, that they meet all other requirements of
this chapter.
Nonconforming billboards are subject to the provisions
of Section 26-408(a), hereof.
(c) B 3 Di3trict.
Some regulations a3 those defined in the B 2 District;
except, that the maximum number allowed i3 twenty
billboards; provided, that allowed billboards located within
D 1 District may be relocated to the D 3 Di3trict regardless
of the maximum number.
Section 2.
determines,
the general
Safety Clause. The City Council hereby finds,
and declares that this ordinance is promulgated under
police power of the City of Wheat Ridge, that it is
25
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 3. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. Supersession Clause. If any provision, requirement or
standard established by this Ordinance is found to conflict with
similar provisions, requirements or standards found elsewhere in
the Code of Laws of the City of Wheat Ridge, Which are in
existence as of the date of adoption of this Ordinance, the
provisions, requirements and standards herein shall supersede and
prevail.
Section 5. This ordinance shall take effect 15
final publication.
days after
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
~ on this 11th day of February , 1991, 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 March 11 , 1991, at 7:30 o'clock p.m., in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2/25/91 Motion to postpone Public Hearing until April 8, 1991.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 7 to 1 , this 8th day of Apri 1
1991.
SIGNED by the Mayor on this 9th
day of
April
1991.
~4t.j
DAN WILDE, MAYOR
JOHN
RNEY
1st Publication:
2nd Publication:
Applewood/Wheat Ridge
Effective Date:
/
February 20, 1991 I
April 17, 1991 - Wheat Ridge Sentinel
Transcript
May 2, 1991
26
.- ORDINANCE Zllt --
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