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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/21/2022 - SECOND READING OF ORDINANCE NO. 070, 2022, REPEALI Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 21, 2022 City Council STAFF Brad Buckman, Manager, Civil Engineering Claire Havelda, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on June 7, 2022, deletes 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 7, 2022 (w/o attachments) (PDF) 2. Ordinance No. 070, 2022 (PDF) 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 were 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. ATTACHMENT 1 COPY -1- 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. 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: -2- . . . (4) 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 to minimize the visual impacts of such signs on the general public and surrounding properties. (5) 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