HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/24/2009 - SECOND READING OF ORDINANCE NO. 025, 2009, AMENDIN ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: March 24, 2009
FORT COLLINS CITY COUNCIL STAFF: Tracy Dyer
SUBJECT
Second Reading of Ordinance No. 025, 2009, Amending Chapters 17 and 24 of the City Code for
the Purpose of Permitting and Regulating the Placement of Portable Signs on Sidewalks in Certain
Areas of the City.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
Portable signs, generally known as "sandwich board," "a-frame" signs or pedestal signs are a
common type of advertising device in many downtown areas and other areas that are predominantly
pedestrian oriented. The City of Fort Collins Municipal Code currently prohibits the placement of
portable signs in the public right-of-way. There has been interest expressed by some in the
downtown business community in legalizing the use of such signs in the downtown area for the
purpose of displaying menus and other information for businesses in a way that would enhance the
pedestrian experience in business areas. This Ordinance,unanimously adopted on First Reading on
March 3,2009,will allow the use of pedestrian oriented portable signs in the right-of-way of certain
designated locations to be regulated through a permitting process.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- March 3, 2009.
(w/o original attachments)
ATTACHMENT
ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: March 3, 2009
FORT COLLINS CITY COUNCIL STAFF: Tracy Dyer
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SUBJECT
First Reading of Ordinance No. 025, 2009, Amending Chapters 17 and 24 of the City Code for the
Purpose of Permitting and Regulating the Placement of Portable Signs on Sidewalks in Certain
Areas of the City.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Y
(� (( 11 IVl_�require\\\/ .The allowance of portable signs'(the right of way w minimal time for the administration
of a permit process that may generate�enough4evenue to pa4or-the current staff time required to
issue and administer the permits. Compliance and enforcement of the proposed Code language will
be handled with simultaneous inspections of other permitted downtown amenities including outdoor
seating areas and news racks. Estimated revenue from the permitting process is $1000.00 annually.
EXECUTIVE SUMMARY
The City of Fort Collins Municipal Code currently prohibits the placement of portable signs in the
public right-of-way(ROW). Portable signs,generally known as"sandwich board,""a-frame"signs
or pedestal signs are a common type of advertising device in many downtown areas and other areas
that are predominantly pedestrian oriented. There has been interest expressed by some in the
downtown business community in legalizing the use of such signs in the downtown area. The
purpose would be to display menus and other information fV
orbusinesses in a way that would
enhance the pedestrian experience in bu(s�ess aareas.n)
City staff has reviewed the regl\uestwithLteen1si)ve i�npuut from the downtown businesses and has
surveyed other communities to determine how they handle the sign issue. Furthermore, staff has
worked with the Colorado Department of Transportation(CDOT)to alleviate concerns with the state
highway issues. From this research City staff believes that it would be workable to allow the use
of pedestrian oriented portable signs in the right-of-way of certain designated locations to be
regulated through a permitting process.
March 3, 2009 -2- Item No. 16
BACKGROUND
THE ISSUE
Currently, portable signs are pr' ;ohibited% by Ciity C Counc'"il has been provided a proposed
ordinance that would allow controlled'placeind nt flportable gns in the rights of way. Business
owners in pedestrian oriented areas indicate that portable signs are an important tool to maintain a
healthy business environment. The goal is to find a solution that fosters a healthy business climate,
maintains a safe environment for pedestrians and prevents visual clutter.
OUTREACH AND RESEARCH
This matter was discussed with City Council at the January 13, 2009 work session. Council
suggested that all pedestrian business oriented areas be reviewed and considered for portable sign
placement. Locations throughout Fort Collins have been evaluated for compatibility with this
proposed ordinance change. In staying consistent with the philosophy of allowing placement of
portable signs in the right of way,the boundary for portable signs is based on business locations that
have on street parking and ample sidewalk or right of way width to allow placement. The focus of
the sign is to be displayed towards a sidewalk user's view point and not a vehicular view point. A
boundary map is attached for review of those findings. (Attachment 3)
The matter was presented to the ZnownusinessdA'
ssociation Board (DBA) on February 11,
2009.The DBA acknowledged Cou�ncil's1commmentssaand is committed to the idea that portable signs
should possess aesthetic characteristics of downtown Fort Collins.The DBA also remains supportive
of this approach and is devoted to educating and proactively assisting business owners and City staff
in the placement of signs in front of their respective businesses.
On February 12, 2009, City staff met with the Commission on Disability to share the idea of
permitting portable signs in the right of way. The board and executive staff members were very
pleased and supported the minimum clearance requirements and safety components of the proposed
code language presented to them.
City staff has thoroughly researched and assisted the City Attorney's office in the development of
Code language that both provides safe parameters for the placement of portable signs in the right
of way and maintains aesthetic conditions of the signs. Furthermore, control over stability and
dimensional standards have been carefully considered and researched to provide that safety and
mobility are not compromised.
i
Staff has followed the recommendation from theuary`1'3, 2009 Work Session and has
incorporated a"review clause"that r'quires the%Cit Lmanager tl report to City Council on the status
of the portable sign ordinance prior to the two year anniversary of the effective date of this
proposal. At that time Council could opt to continue the practice of allowing portable signs in the
right of way, modify the ordinance or disallow the placement of portable signs.
ENFORCEMENT
City staff is prepared to administer and manage portable signs in the right of way. Permitting will
be similar to what is required of printed media publishers requesting placement of their materials
March 3, 2009 -3- Item No. 16
in the public rights of way. Existing electronic databases will be utilized to manage and track all
sign placement. A permit will be required, and each sign owner will be required to provide
insurance with their application,along with a$10 application fee. Permits will be approved for one
year from the time of approval. Placement--of portable signs wilbperiodically be inspected once
approved. ,(rieA � - .With the exception of pedestriand areas,staffChas enforced.sign placement in the right of way
on both a proactive and reactive basis. If staff observes a sign, staff will typically address it at the
time it is observed. Additionally, staff frequently responds to citizen inquiry and, on average,
follows up in 24 to 48 hours.
PROPOSED CODE REVISIONS
Staff has determined that signs could be placed in the downtown right of way and still maintain
ample clearance for pedestrian travel and other sidewalk amenities. In addition, the proposed
regulations would manage clutter by controlling the placement of portable signs. A summary of
requirements that are proposed for portable signs are as follows:
a. An annual revocable permit will be required. ,Permits will be issued only to the owner or
proprietor of the business adjacent to the location where the portable sign will be displayed.
b. The applicant must include a dimensioned dra�wiing tha�will define where the sign will be
placed within the limits of the propose\posed�ordinance. Applicants must provide the minimum
insurance requirements�Cost/Of permits willbe $10.Aper year.
C. No more than one portable sign will be allowed per store front. Signs will not be allowed
to have more than two displaying sides. An exception to this is that any businesses that
possess an outdoor seating area may split their sign and attach half of their sign to each end
of the patio. Businesses that have permitted patio encroachments must securely place their
signs on or within the limits of the encroachment.
d. Clearance on the sidewalk must provide no less than seven feet of clear passable space for
basic user travel.
e. Signs may be no more than 30 inches wide, 30 inches deep,and 60 inches high from ground
to top. Displaying sides shall not exceed six square feet per side.
f. Signs shall be displayed,only�duri g-hours�when-the-business is open and placed only in
locations where the displayed message is directed to pedestrian traffic along a sidewalk.
g. Signs must be placed either within 32,mches!of the building face or placed near the curb,but
no closer than two feet from the curb and they may not obstruct pedestrian traffic.
h. Signs will be required to meet material and visual appearance specifications.
i. Signs will only be permitted in those areas where on-street parking blocks the sight of the
signs to passing motorists. A geographic boundary will be established that defines the area
in which portable signs may be placed.
March 3, 2009 -4- Item No. 16
j. Maintenance of the sign(s)will be the sole responsibility of the permittee. Neither the City
nor its staff will be responsible for the maintenance of any permitted sign. If a sign appears
to be improperly maintained,the permittee will be required to immediately remove the sign
and make the a ro riate-re airs.
Pp P I � pI I' - 7
These proposed parameters include requsrements that are consistent with other safety criteria used
to regulate the placement of objectsoin the_publicr-fight-of-way;namely news racks and outdoor
eating areas. Safety, appearance and maintenance of portable signs are important elements to
consider and would be reflected in any such proposed ordinance. These efforts attempt to balance
the individual business needs of the downtown area with the needs of pedestrians for a safe
passageway.
CURRENT REGULATIONS
Under City Code Sections 17-42 and 24-1, the placement of advertising signs within the public
rights-of-way is prohibited. Violation of these sections can result in the sign being removed by City
staff following 24 hours of notification. It is currently estimated that there are 50 portable signs in
the downtown during the peak season for pedestrian traffic. If the Council decides to legalize
portable signs, Ordinance No. 025, 2009 will amend the City Code to allow portable signs.
ADDITIONAL RESEARCH
Staff is committed to thoroughly researching any app1ble pedestrian corridors identified in City
Plan and the Master Transportation=Plan\and=will report backlto City Council between first and
second reading in a read before memo.
ATTACHMENTS
1. Work Session Summary, January 13, 2009.
2. Sample Revocable Portable Sign Permit.
3. Boundary Map.
4. Old Town Square access clarification.
5. Powerpoint presentation.
ORDINANCE NO. 025, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 17 AND 24
OF THE CODE OF THE CITY OF FORT COLLINS
FOR THE PURPOSE OF PERMITTING AND REGULATING THE PLACEMENT
OF PORTABLE SIGNS ON SIDEWALKS IN CERTAIN AREAS OF THE CITY
WHEREAS, the City Code currently prohibits the placement of portable signs on City
sidewalks or within City rights-of-way; and
WHEREAS, the City Council wishes to create an exception to that prohibition for areas of
the City where the width of the sidewalk is sufficient to accommodate the placement of such portable
signs without interfering with the use of the sidewalk for its intended public purpose as a pedestrian
way and where the sidewalks are adequately shielded from view by motorists on the adjoining
roadway so as to not present traffic safety issues of a significant nature; and
WHEREAS, the regulation of such signs is necessary in the public interest in order to
minimize the cumulative visual impact of such signs and to protect the safety and welfare of persons
using the sidewalks, including pedestrians and persons entering and leaving buildings,and persons
providing essential utility and emergency services; and
WHEREAS,the City Council has determined that a permit system should be established for
the placement of such portable signs on certain public sidewalks within the City to address the
unique circumstances related to the placement of such portable signs and to provide adequate criteria
for determining when permits for such signs should be issued by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 17-42(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 17-42. Posting notices and handbills on premises.
(b) Except as permitted in § 24-1 and Chapter 24,Article IV,no person, firm or
corporation shall fasten or affix to public property, or place or install on or within a
public right-of-way or other public property,any of the following,without the direct
authorization of the owner of such property:
(1) Any commercial or business sign.
(2) Any noncommercial sign.
Section 2. That Section 24-1 of the Code of the City of Fort Collins is hereby amended by
the addition of a new subparagraph (8) which reads in its entirety as follows:
(8) Portable signs permitted under Article IV of this Chapter.
Section 3. That Chapter 24 of the City Code is hereby amended by the addition of a new
Article IV which reads in its entirety as follows:
ARTICLE IV.
PORTABLE SIGNS
Sec. 24-150. Intent and purpose.
The purpose of this Article is to secure and promote the public health,safety,and
general welfare of persons using City sidewalks by regulating the placement,
appearance, size, stability, and maintenance of portable signs located upon certain
public sidewalks within the City.
See. 24-151. Definitions.
The following words and phrases, when used in this Article, shall have the
meaning respectively ascribed to them unless the context otherwise clearly indicates:
Permittee shall mean the person authorized by the City to place a portable sign
upon a City sidewalk and responsible for maintaining and otherwise attending to such
sign.
Person shall mean any person or entity, including, but not limited to a
corporation, limited liability company, partnership, unincorporated association or
joint venture.
Portable sign shall mean a sign that rests on the sidewalk or is attached to
sidewalk railings and that is neither temporarily nor permanently affixed to the
sidewalk or railing or to an adjacent building or structure.
Portable Sign Placement Area shall mean the area shown on the "Map of
Portable Sign Placement Area"dated April 3, 2009, and on file in the Office of the
City Clerk.
Sideivalk shall mean any surface provided for the use of pedestrians.
Sec. 24-152. Portable signs permit required.
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It shall be unlawful for any person to erect, place, or maintain any portable sign
on or within any public right-of-way in the city except within the Portable Sign
Placement Area pursuant to a permit from the City Manager approving the location,
construction, stability, and other aspects of such portable sign under the provisions
of this Article. Any portable sign that has not been authorized by a valid permit
issued by the City under this Article may be removed by the City without notice,
notwithstanding any provisions in § 17-42 to the contrary.
Sec. 24-153. Portable sign permits; term; transfer of permit.
(a) Portable sign permits may be issued only to the owner or proprietor of the
business adjacent to the location where the portable sign will be displayed.
(b) Applications for a portable sign permit must be submitted to the City
Manager in writing on a form provided by the City and shall be accompanied by:
(1) a certificate of insurance with a limit of at least One Million Dollars
($1,000,000.)per occurrence,showing the City as an additional insured,
covering any liability arising out of the placement or maintenance of the
portable sign. The insurance carrier must be rated B+ or better. The
application shall contain:
a. the name and address of the applicant;
b. the proposed location of the portable sign; and
c. the signature of the applicant.
(2) a written statement,in a form satisfactory to the City Attorney,agreeing
to indemnify and hold harmless the City, its officers and employees,
from any loss, liability or damage, including expenses and costs, for
bodily or personal injury or property damage sustained by any person
as a result of the installation,use or maintenance of the portable sign for
which the permit is issued. Nothing herein shall be construed as a
waiver of immunity as provided by the provisions of the Colorado
Governmental Immunity Act, Section 24-10-101,et seq.,C.R.S. Upon
approval of the application, each permittee shall pay an annual fee of
ten dollars ($10.) per permit prior to the issuance or renewal of the
permit.
(c) The City Manager's decision whether to issue or deny the issuance of a
permit shall be made within fifteen (15) days following the date that a complete
application has been submitted to the City.
(d) Permits shall be valid for one (1) year unless earlier revoked pursuant to §
24-10 or pursuant to Article IX, Section 11 of the Charter.
(e) Permits shall not be transferrable to another person or another location.
Sec. 24-154. Placement and removal of portable signs.
(a) Portable signs must either be placed on the surface of the sidewalk or affixed
to sidewalk railings in the manner prescribed in this subsection.
(1) Portable signs placed on the surface of a sidewalk must be located at
least two (2) feet away from the curb face (or pavement edge if there is
no curb) or no farther than thirty-two (32) inches from the wall of the
building, but not in the middle of the sidewalk.
(2) Any portable sign placed on a sidewalk shall contain advertising text
only on two (2) sides of such portable sign.
(3) Portable signs attached to sidewalk railings, such as those enclosing
sidewalk cafes,shall be secured tightly to the railings to protect against
them being blown by the wind and shall be attached in such manner as
to be removable during the hours that the business is closed. No more
than two(2)portable sign surfaces containing advertising script may be
attached to any such railing enclosure.
(b) No portable sign placed on the surface of a sidewalk may be placed,
installed, used or maintained:
(1) within three(3) feet of any marked pedestrian crosswalk or entrance to
any public transit shelter;
(2) within five (5) feet of any fire hydrant, fire call box, police call box or
any other emergency facility, or any handicap parking space;
(3) on any portion of a pedestrian access ramp for disabled persons;
(4) within three(3)feet of any of the following: parking meter posts,traffic
control cabinets, bicycle parking racks, public telephone enclosures,
kiosks,public works of art,entrances to any sidewalk cafe enclosure or
any portion of a driveway;
(5) on any portion of a utility cover, meter and/or valve box cover, vent
cover for underground utilities or on any granite or other decorative
sidewalk without special approval by the City Manager;
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(6) in such manner that the effective, clear width provided for the passage
of pedestrians within the sidewalk is less than a continuous width of
seven (7) feet and/or fails to comply with the provisions contained in
the Larimer County Urban Area Street Standards;
(7) within the passenger boarding area of a designated bus stop;
(8) at a location used for public utilities, transportation, or other public or
governmental purposes that, in the judgment of the City Manager, is
incompatible with portable signs;
(9) in a manner that endangers persons or property or unreasonably
interferes with or impedes:
a. the flow of pedestrian traffic or the ingress to or egress from any
residence or place of business; or
b. the use or maintenance of poles, posts, traffic signs or signals,
hydrants, mailboxes or other objects permitted at or near said
location.
(10) in any location where the sign is not sufficiently illuminated by
ambient light to be readily visible to pedestrians.
(c) Portable signs placed on the surface of a sidewalk shall not be secured to any
City property such as a light pole, sign post or tree, and shall not be secured to the
surfaces upon which they are situated by bolts,but must instead be secured by weight
or other anchoring device approved by the City Manager, and shall not be anchored
by penetration of soil beneath tree grates.
(d) No more than one (1) portable sign, or two (2) sign surfaces in the case of
portable signs attached to sidewalk railings, shall be permitted for each business
contained in the building that is adjacent to the location of the sign.
(e) All portable signs shall be removed from the sidewalk or railing at the close
of business hours of the permittee. The location and condition of such signs shall be
regularly and routinely monitored and attended by the permittee during business
hours.
Sec. 24-155. Construction, size, appearance and maintenance of portable
signs.
(a) Portable signs shall be constructed in such manner as to withstand normal
wear and tear and normal weather conditions by being braced to prevent collapse and
otherwise being constructed to remain stable in the approved location.
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(b) Portable signs must have a non-advertising border of at least two(2)inches
in width around each face of the portable sign. No structural support or other non-
advertising surface shall contain any message or script.
(c) Portable signs shall not exceed sixty(60)inches in height,thirty(30)inches
in depth, thirty (30) inches in width, and six (6) square feet per advertising face.
(d) Portable signs shall not be illuminated except by ambient light,nor shall they
be made of any material with a retroreflectivity measurement in excess of two (2)
minicandelas, or of any material that glows or emits light.
(e) Each portable sign shall be maintained in a neat and clean condition and in
good repair at all times. Specifically, but without limiting the generality of the
foregoing, each portable sign shall be maintained so that:
a. it is reasonably free of chipped, faded, peeling and cracked paint in the
visible painted areas;
b. it is reasonably free of rust and corrosion;
c. it is free from sharp edges;
d. it is free from graffiti; and
e. all structural parts thereof are intact.
See. 24-156. Revocation.
In the event that the Colorado Department of Transportation determines to take
jurisdiction of the issuance of permits on sidewalks adjacent to state highways, and
requests the City to revoke permits granted under this Article,the City Manager may
summarily revoke any permits issued hereunder.
Sec. 24-157. Violations.
(a) Upon determination by the City Manager that a portable sign has been
installed, used or maintained in violation of the provisions of this Article, the City
Manager may order the permittee to correct the offending condition. Such order shall
be sent by facsimile transmission or by registered mail, return receipt requested, to
the permittee. The order shall describe the offending condition, state the actions
necessary to correct the condition and establish a date for compliance that is not less
than five (5) working days from the date that the order is sent to the permittee. The
order shall inform the permittee of the right to appeal pursuant to § 24-12. The City
Manager may remove the offending portable sign and revoke the permit if the
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permittee has not appealed the order or removed the sign by the date set for
compliance in the order and the offending condition has not been cured by said date.
The City Manager shall cause an inspection to be made of any corrected condition
of a portable sign or of a portable sign that is reinstated after removal under this
Article.
(b) Any impounded portable sign shall be treated as unclaimed property and
disposed of by the City if not claimed within thirty (30) calendar days of the date of
impoundment.
Sec. 24-158. Appeals.
Any person or entity aggrieved by a finding,determination,notice,order or action
taken under the provisions of this Article may appeal to the City Manager as provided
in Chapter 2, Article VI, of this Code.
Section 4. The City Manager shall make a report to the City Council concerning the
implementation of the provisions of Section 3 of the ordinance on or before March 17, 2011.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
March, A.D. 2009, and to be presented for final passage on the 24th day of March, A.D. 2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 24th day of March, A.D. 2009.
Mayor
ATTEST:
City Clerk
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