HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2011 - SECOND READING OF ORDINANCE NO. 178, 2011, AMENDINDATE: December 20, 2011
STAFF: Peter Barnes, Steve Dush,
Bruce Hendee, Ginny Sawyer
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
Second Reading of Ordinance No. 178, 2011, Amending the Land Use Code Regarding Digital Signs and Pole Signs.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 6, 2011, amends the Land Use Code regulations
for digital signs and freestanding pole signs. With respect to digital signs, the recommended Code changes address
such things as brightness, color, design, and location. Additional design criteria to enhance the appearance of pole
signs are also proposed. Three proposed standards contained in the Ordinance have been amended for Second
Reading based on questions or concerns expressed during the First Reading hearing on this matter. One additional
change is included on Second Reading to allow for flexibility in determining the compliance period for signs made
nonconforming by future sign code amendments.
BACKGROUND / DISCUSSION
The changes are:
1. Section 2 of the Ordinance is amended to require that pole signs contain no more than thirty (30) percent air
space instead of forty percent as proposed on First Reading, except that pole signs located in the safe sight
distance triangle will be allowed up to forty (40) percent air space to ensure signs don’t create a safety hazard.
2. Section 3.8.7(M)(4)(c) in Section 3 of the Ordinance pertaining to the permitted display colors for digital signs
is amended to allow the message to be in any single color displayed against a single color background. The
Ordinance as adopted on First Reading requires the message to be monochrome in one of five colors.
However, concerns were raised about limiting the number of colors allowed to only five and about the ability
to define and limit the use of various shades of the selected color. Staff evaluated the concerns and
recommends that the five-color limit be removed and that whatever single color is used for the message, all
images comprising the message must be displayed in the same color, value and hue. The same criteria would
apply to the single background color against which the message is displayed. Displayed messages in multi-
color or full-color will continue to be prohibited as originally adopted on First Reading. Staff will monitor the
impact of this proposed change as signs begin to display single-color messages using colors beyond those
currently allowed.
3. Section 3.8.7(M)(4)(e) in Section 3 of the Ordinance pertaining to the design of digital signs is amended to
include more specific criteria for electronic message centers that are located on the top of a sign. Specifically,
a top-mounted display must include a substantial cap feature above the electronic message center which
consists of the same material, form, color and texture as found on the sign face or structure.
4. The Ordinance adopted on First Reading will cause some existing signs to become nonconforming. Three
different compliance dates are established in the Ordinance, with dates ranging from thirty days to eight years
depending on the expense involved in achieving compliance with the new standards. Section 3.8.7(A)(3)(b)
of the sign code currently contains a provision that signs made nonconforming by Code amendments need
to be brought into compliance within fifteen years of the date of the amendment which caused the
nonconformity. This fifteen year period was established with the 1994 comprehensive sign code revisions
which resulted in most signs in the city being made nonconforming. However, ordinances containing sign
code amendments that were adopted in the last five years or so have established different compliance periods
as part of the adopting ordinance, with the dates being less than the fifteen year period. That again is the
situation with the three different compliance periods contained in this ordinance. Section 1 of Ordinance No.
178, 2011 as amended between First and Second Reading, is a new section that was not included in the
Ordinance on First Reading. Staff believes it makes sense to replace the current fifteen year compliance
period with a requirement that any sign code ordinance that causes nonconformity should contain a section
in the ordinance establishing a compliance period that is appropriate to the nature of the code amendment.
December 20, 2011 -2- ITEM 16
For example, a change that would reduce the maximum size of banners from forty square feet to thirty square
feet might have only a three month compliance period, whereas a change that would reduce the maximum
size of permanent monument signs from ninety square feet to seventy-five square feet might have something
like an eight year compliance period. Slight wording changes in Section 2 of the ordinance and in
3.8.7(M)(4)(j) of Section 3 are included in order to reflect the new wording found in Section 1.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - December 6, 2011
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: December 6, 2011
STAFF: Peter Barnes, Steve Dush
Bruce Hendee, Ginny Sawyer
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 33
SUBJECT
First Reading of Ordinance No. 178, 2011, Amending the Land Use Code Regarding Digital Signs and Pole Signs.
EXECUTIVE SUMMARY
In response to Council feedback, staff has prepared an ordinance amending current Land Use Code regulations for
digital signs and freestanding pole signs. With respect to digital signs, the recommended Code changes address such
things as brightness, color, design, and location. Additional design criteria to enhance the appearance of pole signs
are also proposed.
BACKGROUND / DISCUSSION
The continuing proliferation of digital signs within the community may begin to impact the overall aesthetic
environment. Given these concerns, staff conducted an evaluation of the existing sign code regulations pertaining to
digital signs. Fort Collins has been a leader in regulating signage to create a visually pleasing urban environment and
staff determined that while the current standards provide a framework for effective regulation, improvements can be
made.
A principle of the City’s sign code is to protect health, safety, and welfare by regulating the design, construction, and
placement of signs in the city in a manner that provides a reasonable balance between the right of a business or an
individual to identify itself and to convey its message and the right of the public to a safe and aesthetically pleasing
environment.
The City’s first comprehensive sign code was adopted in 1971 and required that all signs not in compliance with the
new regulations be made conforming by 1977. Many sign code amendments have been adopted since 1971, most
of them minor in nature. However, major amendments were adopted in 1994, and because of the comprehensive
nature of the changes the City Council allowed a 15 year amortization period for business owners to bring their signs
into compliance. That amortization period ended in 2009, with numerous businesses electing to replace their
previously existing nonconforming signs with conforming digital signs or conforming pole signs.
At the August 9, 2011 City Council work session, City staff presented an overview of issues regarding the following:
• the adequacy of the City’s current sign regulations to address the increasing number of digital signs in the
community now and into the future, and
• adding design criteria to improve the aesthetic appearance of pole signs.
After considering various options at the work session, Council requested staff come return with an ordinance for
consideration that continues to allow digital signs, but with additional regulations, and an ordinance that includes
additional design criteria for pole signs.
Digital Signs
Digital signs (signs that display words, symbols, figures or images that can be electronically or mechanically changed
by remote or automatic means) began appearing in Fort Collins in the early 2000s and it was appropriate at that time
to consider regulating this form of sign in the community to protect the visual welfare of the city. In response, the City
adopted a digital sign ordinance in 2006 to regulate the size, brightness, method of display, and color of such signs.
There are approximately 1,500 permitted on-premise freestanding signs (signs not attached to a building) currently
in the city. In 2009 at the conclusion of the amortization period, about 40 of the non-conforming signs were converted
to digital signs. This number has doubled to approximately 80, and represents 30% of all new freestanding signs
COPY
COPY
COPY
COPY
December 6, 2011 -2- ITEM 33
erected since 2009. Looking ahead over the next twenty years, based upon this rate of increase, many additional
signs could be converted to digital.
To address the anticipated proliferation and the renewed concerns about brightness and aesthetics, it is appropriate
to evaluate this type of sign and its relationship to the economic and aesthetic environment of Fort Collins now and
into the future. Staff believes that the current standards provide a framework for effective regulation, but improvements
can be made that will help to more effectively balance the right of a business to convey its message with the right of
the public to enjoy an aesthetically pleasing streetscape.
City staff held a series of meetings with stakeholders before and after the August 9, 2011 City Council work session.
These meetings have resulted in a number of proposed changes to the current digital sign regulations. Key elements
of the changes are:
• Brightness levels
The current regulations do not contain specific maximum brightness levels. The proposed ordinance requires
that automatic dimming software and solar sensors maintain a maximum brightness of 0.3 foot candles over
the ambient light conditions at any time of day or night. The permit application must contain written
certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed this level.
Additionally, something that will be unique to Fort Collins is that the permit holder and the business manager,
business owner, or property manager must be present at the time the City inspects the sign for compliance.
This will offer an opportunity for City staff to explain the regulations and how the brightness level will be
inspected for future compliance and enforcement.
• Color
Staff believes full-color displays limited to just the logo or ‘brand’ of the business could be acceptable given
the proposed brightness controls and other proposed regulations. However, the City Attorney advised staff
that only allowing the logo or brand without allowing pictures of products or other images would be unlawful.
Staff believes that allowing full color displays of products and images that could change as frequently as once
per minute would be detrimental; therefore, staff is recommending that the current full-color ban be kept. Also
with regard to color, staff is recommending that red should once again be allowed as an acceptable color for
monochrome displays. The proposed brightness controls and tighter pixel spacing for new signs make red
an acceptable color.
• Design criteria
In order to ensure that digital signs do not detract from the aesthetic appearance of streetscapes, the
recommended ordinance requires that an electronic module not exceed 50% of the area of the sign face, that
it is integrally designed as a part of the larger sign face or structure, that it is not the predominant element or
uppermost portion of the sign, and that it is not allowed on a pole sign. Another significant criterion is that
there would be a maximum pixel spacing of 16 mm for all new digital signs capable of allowing a selection of
more than one color (but not more than one color displayed at a time) and a maximum spacing of 19 mm for
signs that are manufactured as monochrome-only. The industry is moving toward closer pixel spacing and
this is a cutting-edge criteria intended to ensure that future signs will display a sharper image of higher quality.
Most existing digital signs in the City have pixel spacing between 19 mm and 35 mm.
• Location and number of signs
The ordinance limits the number of digital signs to not more than one wall sign or one monument sign per
street abutting any property or development, requires that such signs be at least 100 feet apart, and prohibits
them on walls of downtown buildings that are located within the boundaries of the Portable Sign Placement
Area Map (See Attachment 9). Signs that are located inside a building and visible from a street or sidewalk
will be subject to compliance with all of the regulations pertaining to method of display, flashing, color, etc.
• Compliance dates
The current code allows a fifteen year period in which signs made nonconforming by code amendments must
be brought into compliance. This fifteen year period was enacted as part of the 1994 sign code revisions.
COPY
COPY
COPY
COPY
December 6, 2011 -3- ITEM 33
Because those revisions were very comprehensive, affecting most signs that existed in the city at that time,
the City Council determined that a very generous compliance period was appropriate.
The proposed amendments recommended with this ordinance affect only a small portion of all existing signs.
Therefore, staff believes that it is not appropriate to apply the fifteen year time limit to existing digital signs. Instead,
this ordinance establishes several compliance dates of different duration for signs that are made nonconforming by
the new regulations. Staff is proposing that signs which can be corrected by simply flipping a switch (e.g., interior
window signs), will have thirty days in which to comply with the new regulations. Signs that will require more
substantial modifications, but not removal or structural modifications, will have four years. Signs that require removal
or structural changes will have eight years. However, as required by existing code provisions, such signs will have
to be brought into compliance sooner than the applicable date if the use of the property changes or if the premises
promoted by the sign comes under new ownership or tenancy and the sign is proposed to be changed for the purpose
of displaying the new name or other new identification of the premises.
Pole Signs
The sign code allows for two types of freestanding signs (signs not attached to a building). A ground sign (also known
as a monument sign), is a type of freestanding sign that consists of a sign face or cabinet that is mounted on top of
a base, the width of which is at least 80% of the width of the sign cabinet, i.e, a 10-foot wide sign cabinet mounted on
a base that is at least 8-foot wide. A pole sign, on the other hand, is often a sign cabinet mounted on top of one or
two exposed poles, with considerable air space between the sign and the ground. Pole signs are generally not as
attractive as ground signs, and in fact the sign code contains regulations that are intended to encourage the use of
ground signs as the preferred type of sign. (See Attachment 10 for pictures of monument signs and pole signs).
The completion of the 2009 sign compliance project resulted in a number of the previous nonconforming pole signs
being replaced with ground signs. However, some existing pole signs were simply lowered rather than replaced. The
number of pole signs in the city really didn’t decrease as a result of the 15 year compliance period, and there may have
actually been a slight increase in the number of such signs since some of the nonconforming signs that were ground
signs were replaced with new pole signs. As a result, opportunities to increase the number of more aesthetically
pleasing ground signs in the city through replacement did not materialize.
In order to ensure that there will be fewer new or remodeled signs supported by simply one or two exposed poles, a
Code amendment is necessary. The amendment will require that pole signs be designed in a manner that will result
in a more substantial and interesting design, helping to ensure that they will contribute to the aesthetic appearance
of the streetscape. This can be accomplished by limiting the amount of air space between the top of the sign and the
ground to not more than 40%. This added design criteria for pole signs will further the purpose of the sign code to
enhance the visual streetscape of the city.
FINANCIAL / ECONOMIC IMPACTS
Business owners have strongly expressed that the advertising flexibility offered by digital signs is an important factor
that contributes to increased sales and the success of local businesses. Owners installed digital signs at great
expense in reliance on the regulations adopted in 2006 and the proposed revisions will allow many of these signs to
remain without the need for expensive modifications or removal.
ENVIRONMENTAL IMPACTS
The primary environmental concern associated with signs in the community is their impact on the visual environment
of Fort Collins. With regard to digital signs, it is important to be proactive in considering regulations in order to manage
the potential expansion of these signs throughout the city. Staff and the Planning and Zoning Board believe that the
recommended changes will improve upon the existing standards through better and more enforceable brightness
standards and through standards that will improve the design and visual appearance of digital signs and pole signs.
COPY
COPY
COPY
COPY
December 6, 2011 -4- ITEM 33
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. Staff believes that the new regulations provide
additional standards necessary to contribute to an aesthetically pleasing environment while allowing businesses to
continue to effectively utilize digital and pole signs to convey their message. Continued monitoring of the effectiveness
of the regulations is very important and Staff is proposing that a monitoring program to analyze their effectiveness after
two years be added to the Policy and Plan Review Schedule.
BOARD / COMMISSION RECOMMENDATION
At its regular meeting on November 17, 2011, the Planning and Zoning Board voted 6-0 to recommend that City
Council adopt the Ordinance amending the Land Use Code.
The Board’s motion to recommend approval contained a provision that the design criteria in Sec. 3.8.7(M)(4)(e) be
amended by removing the words “or uppermost portion”. This change has the effect of allowing an electronic message
center to be placed as the uppermost portion of the sign as long as it is an integral part of the overall design of the sign.
Staff agrees with this change, and the language in the recommended ordinance has been amended.
PUBLIC OUTREACH
A number of outreach meetings have been held with stakeholders and the public to seek feedback on the issues. Staff
focused outreach on five main stakeholder groups: sign industry representatives, Chamber of Commerce, sign
owners, small business owners, and the general public. Feedback regarding pole sign design criteria was also
solicited at the meetings, but the major focus and interest was on digital signs. Most of the outreach meetings were
conducted prior to the August 9, 2011 City Council work session, with an additional 4 meetings held after the work
session.
Prior to August 9, 2011, feedback was also solicited on the City of Fort Collins’ Facebook and Your Voice websites
(70 total responses). Outreach included basic overviews of the current sign code, open-ended questions about the
use and effectiveness of digital signs, thoughts on current and potential new regulations, sign trends, and the impact
of digital signs on the streetscape both now and in the future. The majority of these respondents believed that current
standards did a good job of regulating these signs and that continued allowance of them wouldn’t have a negative
impact. (See Attachment 7 for individual responses).
In general, the sign industry representatives, Chamber of Commerce Local Legislative Affairs Committee, and sign
owners do not support significant change to the City’s current Code. The groups strongly stressed the benefit to
businesses that digital signs offer, including ease of promoting on multi-tenant locations, employee safety, less reliance
on banners, and the ability to be timely with messaging. There was also comment that the City’s current Code does
not allow for more attractive signs by only allowing monochrome pixel type signs. It was noted that industry trends
and technology improvements are leading to more digital signs in the future, and they will have higher resolution and
messaging capabilities. (See Attachments 2, 3, and 4 for summary minutes of the meetings).
The Cityworks Alumni group and the members of the Planning and Zoning Board generally agreed that there is not
much of a problem with the digital signs as currently allowed. However, they were supportive of adjustments to the
Code to ensure quality standards with the anticipated increase in the number of such signs. They felt that continued
use would not have a detrimental affect on the streetscapes into the future as long as the signs are regulated with
regard to frequency of change, no animation, limits on the percent of a sign that can be digital, etc. The majority of
both groups expressed that such signs offered businesses additional flexibility. Some suggested that the City should
allow the use of full-color displays rather than just restricting to monochrome. (See Attachment 6 for summary minutes
of the CityWorks meeting).
What little feedback there was on the pole sign issue was about evenly split between those who believe the signs are
fine the way they are and those that believe the additional design criteria would be beneficial.
COPY
COPY
COPY
COPY
December 6, 2011 -5- ITEM 33
Meetings:
April 5 and July 7 – Industry representatives
April 22 – Chamber of Commerce Local Legislative Affairs
April 27 – Sign owners
May 11 – Two public open houses
July 7 – CityWorks alumni group
July 22 – Planning & Zoning Board work session
August 9 – City Council work session
September 27 – Digital sign demonstration display
September/October – Four meetings with the Chamber of Commerce/Fort Collins Sign Coalition (representatives from
the Chamber, sign industry, and business owners)
November 10 – Planning & Zoning Board work session
November 17 – Planning & Zoning Board public hearing
Web tools:
Your Voice
City’s Facebook page
ATTACHMENTS
1. Work Session summary, August 9, 2011
2. Sign industry meetings, April 5 and July 7, 2011
3. Chamber of Commerce LLAC meeting, April 22, 2011
4. Sign owners meeting, April 27, 2011
5. Open house meetings, May 11, 2011
6. CityWorks Alum meeting, July 7, 2011
7. Your Voice and Facebook Web Comments
8. Peer City Research Table
9. Portable Sign Placement Area Map
10. Planning and Zoning Board minutes, November 17, 2011
11. PowerPoint presentation
ORDINANCE NO. 178, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE
REGARDING DIGITAL SIGNS AND POLE SIGNS
WHEREAS, commencing in 1971 and continuing thereafter, the City Council has adopted
various provisions regulating the size and appearance of signs within the City all of which
regulations were designed and adopted in order to protect the health, safety and welfare of the City
by regulating the design, construction and placement of signs in a manner that provides a reasonable
balance between the right of a business and/or individual to identify itself and to convey its message,
and the right of the public to an aesthetically pleasing environment; and
WHEREAS, in 2006, the City Council adopted Code provisions further regulating the use
and appearance of on-premise digital signs which regulations controlled brightness, color, size and
method of display; and
WHEREAS, since 2006, the number of on-premise digital signs has increased significantly
and, in response to this increase, and to concerns about brightness and aesthetics, the City Council
directed City staff to evaluate the possibility of further regulation of digital signs to protect the
economic and aesthetic environment of the City; and
WHEREAS, the City Council has also requested that City staff present a proposal for
additional design criteria for pole signs for the purpose of limiting the amount of air space between
the top of the sign and the ground to make the signs more substantial and aesthetically interesting
with a view toward enhancing the aesthetic appearance of the streetscapes of the City; and
WHEREAS, City staff has prepared new regulations for the City Council to consider
regarding digital signs and pole signs; and
WHEREAS, the Planning and Zoning Board has examined the regulations proposed by City
staff and has recommended that the City Council adopt said regulations; and
WHEREAS, the City Council has determined that the adoption of the regulations proposed
by City staff with regard to digital signs and pole signs are in the best interests of the health, safety
and welfare of the City and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 3.8.7(A)(3)(b) of the Land Use Code is hereby amended to read
as follows:
3.8.7 Signs
(A) General.
. . .
(3) Nonconforming Signs.
. . .
(b) Existing on-premise signs for which a sign permit was issued pursuant to the
previous provisions of this Code, and which have become nonconforming
because of an subsequent amendments to this Code, shall be brought into
conformance with the provisions of this Section 3.8.7. within fifteen (15)
years from the date of the amendment the period of time specified in the
ordinance containing the amendment which causedcauses the
nonconformity,. In determining such period of time, the City Council shall
consider the length of time since the last Code change affecting that same
category of signs as well as the cost of bringing the signs into compliance.;
provided, however, that dDuring saidthe fifteen-year period of time that the
signs may remain non-confirming, such signs shall be maintained in good
condition and no such sign shall be:
. . .
Section 12. That Section 3.8.7(G) of the Land Use Code is hereby amended by the
addition of a new subparagraph (12) which reads in its entirety as follows:
(G) Freestanding and Ground Sign Requirements
. . .
(12) Freestanding signs (pole signs) shall contain no more than forty (40)thirty (30)
percent (forty [40] percent if located within the site distance triangle as described in
Section 3.8.7[G][1] of the Land Use Code) free air space between the top of the sign
and the ground, vertically, and between the extreme horizontal limits of the sign
extended perpendicular to the ground. A base or pole cover provided to satisfy this
requirement shall be integrally designed as part of the sign by use of such things as
color, material, and texture. Freestanding signs that existed prior to December 30,
2011 and that do not comply with this regulation shall be removed or brought into
compliance as required by Section 3.8.7(A)(3)(b) of this Land Use Code, except that
the fifteen (15) year period contained in said Section shall be changed to eight (8)
yearsby December 31, 2019, provided that such signs otherwise comply with
subsection 3.8.7(A)(3)(b).
Section 23. That Section 3.8.7(M) of the Land Use Code is hereby amended to read as
follows:
Section 3.8.7 Signs
(M) Electrical Signs and electronic message center signs.
-2-
(1) Flashing, moving, blinking, chasing or other animation effects shall be
prohibited on all signs.
(2) Illuminated signs shall avoid the concentration of illumination. The intensity
of the light source shall not produce glare, the effect of which constitutes a
traffic hazard or is otherwise detrimental to the public health, safety or
welfare.
(3) Every electric sign shall have affixed thereon an approved Underwriters'
Laboratories label, and all wiring connected to such sign shall comply with
all provisions of the National Electrical Code, as adopted by the city.
(4) Signs that contain an electronic message center shall be subject to the
following limitations.
(a) The electronic message center must be programmed so that the
displayed message does not change more frequently than once per
minute and so that the message change from one static display to
another occurs instantaneously without the use of scrolling, flashing,
fading or other similar effects. The message or image displayed must
be complete in itself without continuation in content to the next
message. Electronic message centers that display ONLY time and
temperature do not need to comply with the above-described time
limitations, but shall not change more frequently than once per three
seconds.
(b) The electronic message center must be provided with automatic
dimming software or solar sensors to control brightness for nighttime
viewing and variations in ambient light. Lighting from the message
center shall not exceed three tenths (.3) foot candles over the
ambient light as measured using a foot candle meter at the following
distances from the face of the message center: thirty-two (32) feet for
a sign face greater than zero (0) square feet and not more than ten
(10) square feet per side; thirty-nine (39) feet for a sign face greater
than ten (10) square feet and not more than fifteen (15) square feet
per side; forty-five (45) feet for a sign face greater than fifteen (15)
square feet and not more than twenty (20) square feet per side; fifty
(50) feet for a sign face greater than twenty (20) square feet and not
more than twenty-five (25) square feet per side; fifty-five (55) feet
for a sign face greater than twenty-five (25) square feet and not more
than thirty (30) square feet per side; fifty-nine (59) feet for a sign face
greater than thirty (30) square feet and not more than thirty-five (35)
square feet per side; sixty-three (63) feet for a sign face greater than
thirty-five (35) square feet and not more than forty (40) square feet
per side; and sixty-three (63) feet for a sign face greater than forty
(40) square feet and not more than forty-five (45) square feet per
-3-
side. Lighting measurements shall be taken with the meter aimed
directly at the message center face, with the message center turned
off, and again with the message center turned on to a full white image
for a message center capable of displaying a white color, or a full
amber or red image for a message center capable of displaying only
an amber or red color. The difference between the off and the white,
amber or red message measurements shall not exceed three tenths (.3)
footcandles. All such signs shall contain a default mechanism that
will cause the message center to revert immediately to a black screen
if the sign malfunctions.
Prior to the issuance of a permit for a sign containing an electronic
message center, the permit applicant shall provide written
certification from the sign manufacturer that the light intensity has
been factory pre-set not to exceed the levels specified above. Prior
to acceptance of the installation by the City, the permit holder shall
schedule an inspection with the City Zoning Department to verify
compliance. The permit holder and the business owner, business
manager or property manager shall be in attendance during the
inspection.
(c) A displayed message must be monochrome in an amber, green, blue,
red or white colorpresented in a single color, value and hue and the
background must also be a single color, value and hue.
(d) The maximum allowed size of an electronic message center shall
be fifty (50) percent of the total area of the sign face.
(e) Electronic message centers shall be integrally designed as part of a
larger sign face or part of the structure,integrated harmoniously into
the design of the larger sign face and structure, shall not be the
predominant element of the sign, and shall not be allowed on a
freestanding pole sign, and if located at the top of the sign, must
include a substantial cap feature above the electronic message center
which consists of the same material, form, color or texture as is found
on the sign face or structure.
(f) With respect to sign permits issued after December 30, 2011, the
pixel spacing of an electronic message center shall not exceed sixteen
(16) mm, except that the maximum pixel spacing for a message
center that is manufactured as a monochrome-only sign shall not
exceed twenty (20) mm.
(g) In the D – Downtown zone district, wall signs with electronic
message centers are not permitted on properties located within the
boundaries of the Portable Sign Placement Area Map.
-4-
(h) With respect to sign permits issued after December 30, 2011, no
more than one electronic message center sign shall be allowed to face
each street abutting or within any property and/or site specific
development plan. The minimum horizontal distance between
electronic message center signs located on the same side of a street
shall be one hundred (100) feet measured in a straight line.
(i) An electronic message center located inside a building but visible
from a public sidewalk or public street is subject to all of the
regulations contained in Section 3.8.7(M).
(j) Signs that contain an electronic message center which do not comply
with the provisions of this Section shall be removed or made to
conform as required by Section 3.8.7(A)(3)(b) of this Land Use
Code, except that the fifteen (15) year period contained in said
section shall be changed to a date certain as follows:by the dates
specified in subparts 1, 2, and 3 below and provided that such signs
otherwise comply with subsection 3.8.7(A)(3)(b).
1. Electronic message centers that contain dimming software or
solar sensors capable of meeting the brightness levels
described in Section 3.8.7(M)(4)(b) shall be required to
comply with such levels by January 31, 2012, and all
electronic message centers located inside a building but
visible from a public sidewalk or public street shall be
required to comply with Sections 3.8.7(M)(1) and
3.8.7(M)(4)(a) and (c) by January 31, 2012.
2. Except as otherwise required in subsection (j)(1) above, all
signs that do not comply with the requirements of Sections
3.8.7(M)(4)(a), (b), and/or (c) shall be made to comply with
those requirements by December 31, 2015.
3. Structural changes or sign removal that may be required in
order to comply with the requirements of Sections
3.8.7(M)(4)(d),(e), and or (g) shall be completed by
December 31, 2019.
Section 34. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Electronic message center” which reads in its entirety as follows:
Electronic message center shall mean the portion of an on-premise ground or wall sign that
is capable of displaying words or images that can be electronically changed by remote or automatic
means.
-5-
Introduced, considered favorably on first reading, and ordered published this 6th day of
December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 20th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-6-