HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2022 - FIRST READING OF ORDINANCE NO. 070, 2022, REPEALIN Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Brad Buckman, Manager, Civil Engineering
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 070, 2022, Repealing Sections 23-90 to 23-95 and Amending Section 24-1 of
the Code of the City of Fort Collins Regarding Neighborhood Entry Signs.
EXECUTIVE SUMMARY
The purpose of this item is to delete City Code redundancy. The City’s Sign Code was adopted in 2017 as
part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5) unnecessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City updated its Sign Code into the Land Use Code in 2017 following the Supreme Court’s decision in
Reed v. Town of Gilbert. City Code Sections 23-90 through 23-95 regulating Neighborhood Entry Signs w ere
thereby made unnecessary as the Sign Code now regulates these signs. References to neighborhood signs in
City Code Section 24-1 are also being deleted.
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ORDINANCE NO. 070, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING SECTIONS 23-90 TO 23-95 AND AMENDING SECTION 24-1
OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING NEIGHBORHOOD ENTRY SIGNS
WHEREAS, on August 15, 2017, City Council amended its Land Use Code Sign
Regulations to ensure compliance with the Supreme Court’s direction in Reed v. Town of Gilbert
that sign regulation must be content and viewpoint neutral; and
WHEREAS, on August 15, 2017, City Council adopted Ordinance No. 088, 2017
amending Land Use Code (“LUC”) Sections 3.8.7.1, 3.8.7.2, 3.8.7.3, 3.8.7.4, 3.8.7.5, and
3.8.7.6, collectively referred to as the “City of Fort Collins Sign Code” or the “Sign Code”; and
WHEREAS, the purpose of the Sign Code is to comprehensively regulate the design,
location, installation, display, operation, repair, maintenance and removal of signs in a manner
that advances the City’s compelling interests while safeguarding free speech and complying with
Reed; and
WHEREAS, prior to the Sign Code update, the City regulated “Neighborhood Signs” in
City Code Sections 23-90 to 23-95 and 24-1(4)-(5) & (7); and
WHEREAS, Sections 23-90 to 23-95 and 24-1(4)-(5) & (7) of the City Code were made
redundant by adoption of the Sign Code; and
WHEREAS, City Council finds it is in the City’s best interest to repeal City Code
Sections 23-90, 23-91, 23-92, 23-94, and 23-95 and amend Section 24-1.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 23, Article III, Division 4 is hereby deleted in its entirety
and held in reserve.
Division 4 - Neighborhood Entry Signs
Sec. 23-90. - Definitions.
The following words, terms and phrases, when used in this Division, shall have the meanings
ascribed to them in this Section:
Qualified neighborhood organization shall mean an organization which: (1) represents a
neighborhood area with identifiable geographic boundaries; (2) represents a neighborhood area
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having at least two hundred (200) existing households within its geographic boundaries; (3) has
at least one (1) elected representative; and (4) makes membership in the organization available to
all residents and property owners within the geographic boundaries of the neighborhood.
Sec. 23-91. - Permits.
Any qualified neighborhood organization desiring to erect a neighborhood entry sign upon any
City property or any street, alley or sidewalk in the City shall file a written application for a
permit upon a form prepared and provided by the City. Only established, qualified neighborhood
organizations may apply for and obtain a permit for neighborhood entry signs. Permits shall not
be issued under this Division to residential developments that are being processed for
development review and approval under the Land Use Code or the Transitional Land Use
Regulations.
Sec. 23-92. - Contents of application.
The application for a neighborhood entry sign permit shall contain all information required on
the form provided by the City including, without limitation, the following:
(1) The name, address and telephone number of the qualified neighborhood organization and
the person to be contacted representing said organization.
(2) The names of the streets or other identifiable features that define the boundary of the
neighborhood.
(3) The proposed location of the neighborhood entry sign or signs (not to exceed four [4])
including the names of the intersections and the direction of travel.
(4) A detailed description of the sign(s) proposed to be used for neighborhood entry (or
entries) including the size, shape, types of materials used in the construction of the sign structure
(including the sign blank and the legend), color and types of mount. This description shall
include a detailed drawing of each proposed sign showing the exact sign placement.
(5) A statement that the applicant agrees to abide by the provisions of this Division.
Sec. 23-93. Standards and criteria.
All neighborhood signs permitted pursuant to this Division shall conform to the following
standards and criteria:
(1) Neighborhood entry signs in, adjoining or adjacent to a residential area shall be
harmonious with and reflect the residential character of the area.
(2) One (1) single-faced sign, one (1) double-faced sign or two (2) single-faced signs
bearing identical copy (with no sign face being larger than twenty-four [24] square feet)
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may be permitted to identify the name of a neighborhood at each of the neighborhood's
major entrances.
(3) The top of any such sign shall be no more than five (5) feet above ground level.
(4) The word “neighborhood” must be included in the sign copy.
(5) The sign shall not have internal or external lighting.
(6) A maximum of four (4) major entrances into a neighborhood may be permitted
for signs for any qualified neighborhood organization.
(7) The applicant must show to the satisfaction of the City that it has formally
established an organization which is ready, willing and able to maintain the sign. The
sign must, at all times, be kept in a well-maintained and proper condition.
(8) The following sight distances must be maintained for any neighborhood entry
sign in the right-of-way:
Type of
Street
Safe Sight
Distance (feet)
Arterial 500
Collector 400
Local 300
(9) The cost of the design, installation and maintenance of the neighborhood entry
sign or signs shall be borne by the qualified neighborhood organization.
(10) Prior to installation of any neighborhood entry sign, all “utility locates” must be
performed.
Sec. 23-94. - Investigation of application; permit fee; revocation.
(a) The application for a permit for a neighborhood entry shall be made to the City Engineer.
The City Engineer shall make or cause to be made an investigation of the information contained
in the application and prior to the issuance of a permit shall determine that the applicant is a
qualified neighborhood organization and that the proposed neighborhood sign does not constitute
a nuisance or destroy or impair the use of the right-of-way or any City property by the public or
constitute a traffic hazard and complies with all standards and criteria of this Division. In
investigating whether the application for a neighborhood entry sign conforms to the standards
and criteria of this Division, the City Engineer shall consult with the Traffic Engineer and the
Director of Community Development and Neighborhood Services.
(b) At the time of issuance of a permit hereunder, the applicant shall pay a fee of twenty-five
dollars ($25.) for each neighborhood entry sign proposed to be constructed.
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(c) Neighborhood entry sign permits issued pursuant to this Division are authorized under
Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the
pleasure of the City Council or the City Engineer, whether or not such right to revoke is
expressly reserved in such permit.
(d) Whenever any neighborhood entry sign is made or located contrary to the terms of the
permit or without a permit or contrary to the terms of this Division, or at such time as the permit
is revoked as provided for in this Division, the City Engineer shall give notice to the person or
qualified neighborhood organization who made or located such neighborhood entry sign
requiring the removal of such neighborhood entry sign. Said sign shall be removed within thirty
(30) days following the date of delivery of such notice.
Sec. 23-95. - Noncompliance with notice; removal of encroachment.
If any notice given under § 23-94 is not complied with, the City Engineer is hereby authorized to
cause the removal of the neighborhood entry sign(s) and to collect the cost of such removal and
disposal from the permittee, and may commen ce such legal actions as may be necessary or
appropriate for the purpose of collecting such costs.
Section 3. That Section 24-1 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-1. Signs on streets, sidewalks and public rights-of-way prohibited; removal;
exceptions; permit.
Notwithstanding the provisions of § 17-42, the following signs shall be permitted on streets,
sidewalks and other areas owned by the City:
. . .
(4) Neighborhood recognition signs erected by the City to identify a particular
neighborhood; provided, however, that such signs shall only be erected and maintained in
those neighborhoods within which a qualified neighborhood organization exists for the
purpose of considering and acting upon a broad range of issues affecting the
neighborhood. A qualified neighborhood organization shall mean an organization which
the City Engineer has determined satisfies all of the following requirements:
a. The neighborhood area that the organization represents must have
identifiable, geographical boundaries;
b. The neighborhood area that the organization represents must have at least
two hundred (200) households within the boundaries of the neighborhood unless
none of the boundaries of the neighborhood area are adjacent to and touch the
boundaries of another existing residential neighborhood, in which case the
neighborhood area that the organization represents need only have at least fifty
(50) households within the boundaries of the neighborhood;
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c. The organization must have at least one (1) elected representative;
d. Membership in the organization must be open to all residents, property
owners and business owners within the boundaries of the neighborhood;
e. Except for residency, ownership of property and location of a business
within the neighborhood boundaries, the organization must have no other
requirements for membership;
f. The organization must not require payment of a membership fee as a
condition of voting;
g . All of the organization's meetings must be open to the entire membership;
h. The organization must hold at least one (1) meeting each calendar year;
i. All members of the organization must be sent prior notice of all meetings
of the organization; and
j. The organization must file and maintain a current set of bylaws with the
City's Neighborhood Resources Office.
(5) If at any time the City Engineer determines that a neighborhood organization
which has existing neighborhood recognition signs does not, for any reason, satisfy all
the requirements set forth in Paragraph (c)(4) of this Section, the City Engineer shall give
notice to the sign owner to remove the sign within ten (10) days. If the sign owner fails to
remove the sign after notice, the City Engineer may remove and dispose of the sign
without further notice, notwithstanding the provisions of § 23-130, in addition to issuing
a citation for violation of this Section.
(64) Signs placed by the City on bus benches and bus shelters displaying
advertisements, provided that:
a. Any bus shelters displaying advertising signs shall be located either: (1)
within three hundred (300) feet of any existing commercial/ retail or industrial
use, (2) within three hundred (300) feet of any land zoned to permit any
commercial/retail or industrial use, or (3) along any arterial street provided that no
residential uses front on such arterial street within three hundred (300) feet of
such bus shelter; and
b. If signs are placed on bus benches or bus shelters by a private contractor
pursuant to a contract between the City and said contractor, such contract shall
specify the content, size, placement, illumination, design and material to be used
for the construction of the benches or shelters, and the signs placed thereon, so as
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to minimize the visual impacts of such signs on the general public and
surrounding properties.
(7) Neighborhood entry signs which have been authorized pursuant to Chapter 23,
Article III, Division 4 of this Code.
(85) Portable signs permitted under Article IV of this Chapter.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk