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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/04/2018 - SECOND READING OF ORDINANCE NO. 141, 2018, AMENDINAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY December 4, 2018 City Council STAFF Noah Beals, Senior City Planner/Zoning Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 141, 2018, Amending Sections 3.8.7 and 5.1.2 of the Land Use Code Sign Regulations. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 20, 2018, updates the Land Use Code (LUC), specifically the sign section, to improve overall legibility, address common requests, implement action items from the adopted Downtown Plan, and provide standards for new technology. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 141, 2018 (PDF) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Noah Beals, Senior City Planner/Zoning Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 141, 2018, Amending Sections 3.8.7 and 5.1.2 of the Land Use Code Sign Regulations. EXECUTIVE SUMMARY The purpose of this item is to update the Land Use Code (LUC), specifically the sign section, to improve overall legibility, address common requests, implement action items from the adopted Downtown Plan, and provide standards for new technology. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance incorporates the changes to the sign code associated with phase 2 of the update. These changes included: • Overall legibility of the sign section: o Layout changes o Sign Graphics • Common Requests: o Vertical oriented signs o Secondary roof signs • Downtown Plan action items: o Pedestrian Oriented signs o Clear standards for a historic sign • Standards for new technology: o Increase in resolution requirements o Allow full color electronic Message Centers o Projected light signs These changes have come out of the process that was started in 2017. This process has included public meetings, coffee chats, online questionnaires, presentations to boards and commissions and work sessions with Council. Overall, staff has received positive feedback on the changes included in this Ordinance. Part of the process has included discussions on the digital billboards. This Ordinance does not include any standards or changes related to digital billboards. This topic will come forward at a later date for Council discussion. ATTACHMENT 1 COPY Agenda Item 11 Item # 11 Page 2 CITY FINANCIAL IMPACTS The City of Fort Collins Zoning staff currently reviews applications and inspects the installation of signs/banners. It is not anticipated that staff time dedicated to signs/banners will increase. BOARD/COMMISSION RECOMMENDATION The Planning and Zoning Board considered the changes to the sign code June 2018 (Attachment 1). At that time the changes included those associated with digital billboards. The Planning and Zoning Board recommended approval of the sign code update in a vote of 6 to 1. The one dissenting vote stated “if the changes did not include a digital billboard then I would have voted in favor as well”. The Landmark Preservation Committee (Attachment 2) also reviewed the sign code update June 2018. However, its review only included the Restoration or Reconstruction of Historic Signs section. Its discussion focused any redundancy of changes with standards already in place for historic buildings/structures. Therefore, the changes included in this ordinance reflect this discussion. The Economic Advisory Commission (EAC) (Attachment 3) received a presentation of the sign code update June 2018. The EAC offered the following statement related to the changes in this ordinance: The members of the EAC support the revisions to the City’s sign code and recommend that the city revise the messaging surrounding the updated city sign code, so that the following points are made clear to the entities: (1) Clearly define while not reducing the allowable sign space allotted to each entity; (2) Give more signage options and flexibility for entities as technologies arise. PUBLIC OUTREACH • Aug 14, 2018 City Council Work Session • June 21, 2018 Planning and Zoning Board Hearing • June 20, 2018 Landmark Preservation Commission Regular Meeting • June 20, 2018 Economic Advisory Commission • June 15, 2018 Planning and Zoning Board Work Session • May 24, 2018 Public Meeting, Draft of the proposed changes to the Sign Code • Mar 27, 2018 City Council Work Session • Mar 22, Coffee Talks at 281 N College Ave • Mar 15, 2018 Downtown Business Association, Member Meeting • Mar 14, 2018 Landmark Preservation Commission, Work Session • Mar 9, 2018 Planning and Zoning Board, Work Session • Mar 9, 2018 Chamber of Commerce Local Legislative Affairs Committee • Mar 7, 2018 Coffee Talks at Mugs Coffee Lounge • Mar 7, 2018 Coffee Talks at 281 N. College Ave. • Feb 15, 2018 Downtown Business Association, Member Meeting • Feb 14, 2018 Downtown Business Association, Board Meeting • Feb 7, 2018: Public Meeting Electronic Message Centers (EMCs), Projected Light Signs, Interactive Window Signs, Billboards • Feb 1, 2018: Public Meeting Historic Signs, Downtown Signs, Secondary Roof Signs • Sep 15, 2017: City Staff Workshop • Sep 7, 2017: City Staff Workshop • Aug 25, 2017: City Staff Workshop • Aug 15, 2017: City Council Second Reading of Interim Sign Code Update Ordinance • July 27, 2017: Public Open House at the Foothills Activity Center Community Room (241 E Foothills Parkway) • July 20, 2017: Planning and Zoning Board Hearing for recommendation of the Interim Sign Code Update COPY Agenda Item 11 Item # 11 Page 3 • July 5, 2017: City Council First Reading of Interim Sign Code Update Ordinance • Jun 30, 2017: Presentation at the Chamber of Commerce • May 25 2017 City Council Work Session • Jan 13, 2017: Public Round Table Meeting • Dec 19, 2016: Public Round Table Meeting ATTACHMENTS 1. Planning and Zoning Board Minutes June 21, 2018 (PDF) 2. Landmark Preservation Commission Minutes June 20, 2018 (PDF) 3. Economic Adviosory Commission Minutes June 20, 2018 (PDF) COPY -1- ORDINANCE NO. 141, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 3.8.7 AND 5.1.2 OF THE LAND USE CODE SIGN REGULATIONS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code; and WHEREAS, the Land Use Code contains regulations regarding signs within the City; and WHEREAS, the 2015 United States Supreme Court case Reed v. Town of Gilbert and subsequent lower court decisions applying Reed v. Town of Gilbert prompted a review of the City’s sign regulations with regards to the issues of content and viewpoint neutrality; and WHEREAS, the changes to the City’s sign code contained in this Ordinance comply with Reed v. Town of Gilbert and related cases; and WHEREAS, the City has legitimate, important, substantial, or compelling interests in: 1. Preventing the proliferation of signs that tends to result from property owners competing for the attention of passing motorists and pedestrians (also known as “sign clutter”), because of sign clutter: a. Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians; b. May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards; c. Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and d. Dilutes or obscures messages on individual signs due to the increasing intensity of competition for attention. 2. Protecting the health of its tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region and may be adversely impacted by sign clutter; and 3. Maintaining a high quality aesthetic environment to protect and enhance property values and the public investment in streets, sidewalks, trails, plazas, parks, and landscaping, and to enhance community pride; and WHEREAS, the Council finds that: -2- 1. The regulations set out in this Ordinance are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers; 2. Any incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this Ordinance is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced herein; 3. Regulation of the location, number, materials, height, sign area, form, and duration of display of signs is essential to preventing sign clutter, protecting the environmental and economic health of the City; and 4. Signs may be degraded, damaged, moved, or destroyed by causes including wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City if they are not removed; and WHEREAS, the purpose and intent of this Ordinance is to establish reasonable regulations for the design, location, installation, maintenance, and removal of signs in a manner that advances the City’s legitimate, important, substantial, and compelling interests, while simultaneously safeguarding constitutionally protected free speech; and WHEREAS, the City Council has determined that the Land Use Code sign regulations contained in this Ordinance will promote the objectives and public purposes described above and are in the best interests of the City and its citizens. 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 Section 3.8.7 of the Land Use Code is hereby repealed in its entirety and reenacted to read as follows: 3.8.7 - Signs 3.8.7.1 - Generally (A) Title; Purpose and Intent. (1) Title. 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 may be collectively referred to as the “City of Fort Collins Sign Code,” or the “Sign Code”. Definitions related to the Sign Code are set out in § 5.1.2, Definitions. -3- (2) Purpose and Intent. The purpose and intent of the Sign Code is to set out reasonable regulations for the design, location, installation, display, operation, repair, maintenance, and removal of signs in a manner that advances the City’s legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the constitutionally protected right of free speech. (B) Interests. The City has a legitimate, important, substantial, or compelling interest in: (1) Preventing the proliferation of signs of generally increasing size, dimensions, and visual intrusiveness (also known as “sign clutter”) that tends to result from property owners competing for the attention of passing motorists and pedestrians, because sign clutter: (a) Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians; (b) May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards; (c) Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and (d) Dilutes or obscures messages on individual signs due to the increasing competition for attention. (2) Maintaining and enhancing the historic character of historic Downtown Fort Collins, a unique historic resource of exceptional quality and vibrancy. (3) Protecting the health of the City’s tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region. (4) Maintaining a high quality aesthetic environment to protect and enhance property values, leverage public investments in streets, sidewalks, trails, plazas, parks, open space, civic buildings, and landscaping, and enhance community pride. (5) Protecting minors from speech that is harmful to them according to state or federal law, by preventing such speech in places that are accessible to and used by minors. (C) Findings. The City finds that: (1) Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the important, substantial, and compelling interests set out in § 3.8.7.1(B) and the constitutionally- protected right to free expression. -4- (2) The regulations set out in the Sign Code are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers. (3) The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to the Sign Code is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are set out in § 3.8.7.1(B). (4) Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary signs is essential to prevent sign clutter. (5) Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City’s streets if they are not removed. (6) Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community. (D) Applicability, exemptions, and permit exceptions. (1) Applicability. The provisions of the Sign Code shall apply to the display, construction, installation, erection, alteration, use, location, maintenance, and removal of all signs within the City that are not specifically exempt from such application. (2) Sign Permits. (a) No sign shall be displayed, constructed, installed, erected, refaced, or altered within the City limits until the City has issued a sign permit, unless the sign qualifies as an exception to the permit requirements. (b) No permit is required for routine sign maintenance, painting, or replacing light sources with lighting of comparable intensity (however, the installation of a new manual changeable copy message center or electronic message center does require a permit). (3) Sign Regulation Exemptions. The Sign Code does not apply to: (a) Signs of any type that are installed or posted (or required to be installed or posted) by the Federal government, the State of Colorado, Larimer County, the City, or a School District (collectively, “Governmental Entities”), on property owned or controlled by a -5- Governmental Entity. (b) Required signs, posted in accordance with applicable law or regulations. (4) Sign Regulation Partial Exemptions. The following signs are subject only to subsections (E) through (L) of this Section 3.8.7.1, inclusive, and shall not require a sign permit: (a) Signs that are not visible from any of the following areas due to the configuration of the building(s) or structure(s) or the topography of the site upon which the signs are located: 1. Residential lots; 2. Adjoining property that is not under common ownership; 3. Public rights-of-way; or 4. Property that is located at a higher elevation than the property upon which the sign is displayed. (b) Signs that are not legible from adjoining property or rights-of-way due to the configuration of the building(s) or structure(s) or the topography of the site upon which the signs are located or the orientation or setback or typeface of the sign, provided that: 1. One (1) such sign may have a sign area that is not more than thirty- five (35) square feet, and if a sign area allowance applies to the site, fifty (50) percent of the sign area of the sign is counted towards the sign area allowance; 2. Other such signs may have a sign area that is not more than eight (8) square feet, and are not counted towards any applicable sign area allowance. (c) Horizontal projected light signs that are projected onto private property, provided that they are not projected onto required signs. (5) Sign Permit Exceptions. The following signs may be displayed, constructed, installed, erected, or altered without a sign permit, but are not exempt from other applicable provisions of § 3.8.7.2 or § 3.8.7.3: (a) One (1) optional residential sign per street-facing building elevation of a residential building not exceeding four (4) square feet in area; -6- (b) Flags that are hung from not more than three (3) rigid, straight, building- mounted or ground-mounted flagpoles per one hundred (100) feet of property frontage or fraction thereof, provided that: 1. No more than three (3) flags are flown from any one (1) flagpole; 2. No flag obstructs pedestrian, bicycle, or vehicular traffic, or a required sight triangle; and 3. No flag exceeds thirty-two (32) square feet in area; (c) Small signs, as follows: 1. Signs that are affixed to a building or structure, that do not exceed two (2) square feet in sign area, provided that only one (1) such sign is present on each elevation that is visible from public rights-of-way or adjoining property; and 2. Signs that are less than one (1) square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets; (d) Temporary seasonal decorations; (e) Temporary signs (except feather flags and attached or detached temporary banners and pennants, all of which require a sign permit); and (f) Window signs that are less than six (6) square feet in area, provided that: 1. The total area covered by window signs: a. Does not exceed twenty-five (25) percent of the area of the architecturally distinct window in which they are located; and b. Does not exceed twenty-five (25) percent of the sign allowance described in § 3.8.7.2(A); and 2. The window signs are not illuminated. (E) Relationship to Other Regulations. (1) In addition to the regulations set out in the Sign Code, signs may also be subject to applicable State laws and regulations (e.g., State of Colorado, Department of Highways, “Rules and Regulations Pertaining to Outdoor Advertising,” effective January 1, 1984, as may be amended from time to time), Federal laws and -7- regulations, and applicable adopted building and electrical codes. Exceptions to the sign permit requirement do not constitute exemptions to other applicable codes or permit requirements. (2) Where any provision of the Sign Code covers the same subject matter as other regulations of the City, the more specific regulation shall control the more general one, unless the City determines that the more restrictive regulation is clearly unenforceable as a matter of law. (3) Where any provision of the Sign Code covers the same subject matter as other regulations of the State of Colorado or the United States, the applicant is advised that nothing in this Chapter shall be construed as a defense to a violation of applicable state or federal law except as may be provided in the state or federal law. (4) All signs within the Old Town Historic District within the Downtown District must comply with the Old Town Historic District Design Standards except that the Old Town Historic District Design Standards shall not be interpreted to limit the content of the sign. (5) The Downtown District shall be defined by the boundary exhibited in the 2017 Fort Collins Downtown Plan. (F) Measurements. (1) Property Frontage. Property frontage is measured as the length of each property boundary that abuts a public street right-of-way. (2) Sign Area. (a) Generally. In general, sign area is the area within a continuous polygon with up to eight (8) straight sides that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign’s contents from the background against which they are placed. (b) Additions. The area of all freestanding and ground signs shall include the area of the sign face(s) as calculated in subsection (F)(2)(a), together with any portion of the sign structure which exceeds one and one-half (1½) times the area of the sign face(s). (c) Exclusions. The sign area does not include the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but does include any open space contained within the outer limits of the display face, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not. -8- Figure (F)(2)(c) Sign Area Measurement (d) Multiple Sign Faces. Freestanding temporary signs may have multiple faces. The area of such signs is measured using the vertical cross-section that represents the sign’s maximum projection upon a vertical plane (e.g., for a sign with two (2) opposite faces on the same plane, the total cumulative area of both faces is used for area calculation). Figure (F)(2)(d) Multiple Sign Faces (e) Three-Dimensional Sign Faces. The area of signs that do not have a flat sign face is measured using the vertical cross-section that represents the sign’s maximum projection upon a vertical plane. -9- Figure (F)(2)(e) Three-Dimensional Sign Faces (3) Sign Clearance. Sign clearance is the distance between the bottom of a sign or related structural element that is not affixed to the ground and the nearest point on the ground-level surface under it. Figure (F)(3) Sign Clearance (4) Sign Height. Sign height is measured as: (a) For ground-mounted signs: -10- 1. The distance between ground level at the base of the sign and the top of the sign or sign structure, whichever is higher; or 2. If the average grade under the base of the sign is more than two (2) feet lower than the average grade of the nearest adjoining street, then the height of the detached sign shall be measured from the elevation of the flowline of the street to the top of the sign or sign structure. Figure (F)(4)(a) Sign Height (Ground-Mounted Signs) (b) For building-mounted signs, the greatest distance between the lowest part of the sign or sign structure and the highest part of the sign or sign structure. -11- Figure (F)(4)(b) Sign Height (Building-Mounted Signs) (5) Projection. Projection is the horizontal distance between a building wall or fascia to which a sign is mounted and the part of the sign or sign structure that is most distant from the wall or fascia, Measured perpendicular to the vertical plane of the wall or fascia. Figure (F)(5) Projection -12- (6) Setbacks Sign setbacks are measured perpendicularly from the property line that defines the required setback to the nearest point on the sign or sign structure. (G) Prohibited signs and sign elements. (1) Generally. The prohibitions in this subsection (G) apply to temporary and permanent signs in all areas of the City. (2) Prohibited Signs. The following signs are not allowed, whether temporary or permanent: (a) Temporary signs, except as specifically permitted in § 3.8.7.3, Temporary Signs; (b) Portable signs, except as permitted in the Code of the City of Fort Collins Chapter 24, Article IV; (c) Wind-driven signs except flags, feather flags, banners, and pennants in compliance with this § 3.8.7.3; (d) Inflatable signs, and signs that are designed to appear as inflatable signs (e.g., plastic balloons); (e) Revolving or rotating signs; (f) Permanent off-premises signs, except as provided in § 3.8.7.6; (g) Billboards; and (h) Abandoned signs. (3) Prohibited Design Elements. The following elements shall not be incorporated as an element of any sign or sign structure, whether temporary or permanent: (a) Animated or moving parts, including any moving, swinging, rotating, or spinning parts or flashing, blinking, scintillating, chasing, fluctuating, or otherwise animated light; except as expressly allowed in this Sign Code; (b) Cardboard, card stock, or paper, except when laminated or used as a window sign located on the interior side of the window; (c) Motor vehicles, unless: 1. The vehicles are operational, and either: a. Automobile dealer inventory; or -13- b. Regularly used as motor vehicles, with current registration and tags; 2. The display of signage on the motor vehicle would not interfere with the immediate operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk are not allowed; signs that cover windows are not allowed; and signs that would fall off of the vehicle if the vehicle were in motion are not allowed); and 3. The motor vehicle is legally parked in a vehicle use area depicted on an approved site plan. (d) Semi-trailers, shipping containers, or portable storage units, unless: 1. The trailers, containers, or portable storage units are: a. Structurally sound and capable of being transported, b. Used for their primary purpose (e.g., storage, pick-up, or delivery); and c. If subject to registration, have current registration and tags; and 2. The display of signage is incidental to the primary purpose; and 3. The semi-trailer, shipping container, or portable storage unit is parked or placed in a designated loading area or on a construction site in an area that is designated on an approved construction staging plan. Exception: This standard does not apply to shipping containers that are used as building cores. (e) Stacked products (e.g., tires, soft drink cases, bagged soil or mulch) that are placed in unapproved outdoor storage locations; (f) Materials with a high degree of specular reflectivity, such as polished metal, installed in a manner that creates substantial glare from headlights, street lights, or sunlight. Exception: This standard does not prohibit retroreflective materials that comply with the standards set forth in the Manual on Uniform Traffic Control Devices. -14- (g) Rooftop signs and all other types of signs that project above the roof deck, except that signs are allowed on parapet walls if the parapet wall was constructed as a part of the building and the parapet wall includes a sign band within which the sign is installed. Exception: Secondary Roof signs as provided in subsection 3.8.7.2(F). (4) Prohibited Obstructions. In no event shall a sign, whether temporary or permanent, obstruct the use of: (a) Building ingress or egress, including doors, egress windows, and fire escapes; (b) Operable windows (with regard to movement, not transparency); or (c) Equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and meters). (5) Prohibited Mounts. No sign, whether temporary or permanent, shall be posted, installed, mounted on, fastened, or affixed to any of the following: (a) Any tree or shrub; (b) Any utility pole or light pole, unless: 1. The sign is a banner or flag that is not more than ten (10) square feet in area; 2. The owner of the utility pole or light pole consents to its use for the display of the banner or flag; 3. The banner or flag is mounted on brackets or a pole that extends not more than thirty (30) inches from the utility pole or light pole; 4. The banner or flag is either situated above an area that is not used by pedestrians or vehicles, or the bottom of the banner or flag has a sign clearance of at least eight (8) feet; and 5. Any applicable City encroachment or banner permits are obtained; or (c) Utility cabinets. (H) Prohibited Locations. In addition to applicable setback requirements and other restrictions of this Sign Code, no sign shall be located in any of the following locations: -15- (1) In or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, trails, multi-use pathways, retaining walls, utility poles, traffic calming devices, medians, and center islands that are within public rights- of-way), except: (a) Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the shelter or bench, but not extending beyond the physical structure of the shelter or bench; (b) Signs that are the subject of a revocable license agreement with the City, installed and maintained in accordance with the terms of that agreement; (c) Portable signs permitted pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV; or (d) Signs posted by the City or jurisdiction that owns or maintains the right-of- way; or (2) Within any sight distance triangle, as provided in subsection (I), below. (I) Illumination. The illumination of signs, where permitted, shall comply with the standards of this subsection (I) and Land Use Code § 3.2.4, Site Lighting. (1) Generally. (a) In general, attached illuminated signs shall be turned off by 11:00 PM if they located within three hundred (300) feet of property that is zoned, used, or approved for residential use. However, signs may be illuminated in Downtown, Commercial/Industrial, and Mixed-Use sign districts after 11:00 PM if: 1. The operating hours of the use to which the sign relates extend past 10:30 PM, in which case the sign shall be turned off not more than thirty (30) minutes after the end of operating hours each day; and the sign is dimmed by at least thirty (30) percent between midnight and 6:00 AM; or 2. The lighting that illuminates the sign is used primarily for the protection of the premises or for safety purposes, or 3. The sign is separated from residential uses by an arterial street. (b) 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 nuisance to adjoining property. -16- (c) No sign or associated luminaire shall create light spillover of more than one (1) lux at any property line that is zoned or used for single-family detached, duplex, or townhome purposes. (d) 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. (e) Electrical service to freestanding signs shall be installed underground. Electrical service to attached signs shall be provided from the building and concealed from view. (2) Internal Illumination. (a) No internal sign lighting shall include any exposed light source, except that neon or comparable tube lighting is permitted in locations where internal sign illumination is allowed. (b) During the time between sunset and the time an illuminated sign must be turned off pursuant to subsection (I)(1)(a), above, internally lit signs (including electronic message centers) shall not exceed six hundred (600) nits of luminance. (3) Indirect Lighting. (a) All signs that use indirect lighting shall have their lighting directed in such a manner as to illuminate only the face of the sign, and not to create glare or sky glow. (b) When indirect lighting is used to illuminate detached signs, the light source must be concealed from view from on and off-site vehicular and pedestrian use areas and from within existing buildings. (c) Indirect lighting of signs shall not exceed the following illuminance: 1. Commercial/Industrial and Mixed-Use Sign Districts: six hundred (600) lux 2. Downtown Sign District: five hundred (500) lux 3. All Other Sign Districts: four hundred (400) lux (4) Off-Premises Signage. No new illumination may be added to existing off-premises signage. -17- (J) Message Centers. (1) Manual Copy Message Centers. (a) Design. 1. Manual changeable copy message centers shall appear integrated into the sign face of a permanent sign that also includes text and graphics that are not part of the manual changeable copy message center. 2. No manual changeable copy message center may be constructed using face or screen materials such as expanded metal or other types of mesh; any type of corrugated plastic such as Filon, V3, or Styrene; or other types of materials that are commonly used for “portable” or “homemade” signs. (b) Dimensions. No manual changeable copy message center shall occupy more than eighty (80) percent of the sign area of a sign. (c) Operation and Maintenance. 1. No changeable copy sign or portion of a sign may have changeable copy that is nailed, pinned, glued, taped, or comparably attached. 2. If any part of the changeable copy portion of a sign or the track type system or other method of attachment is absent from the sign, or deteriorates so that it is no longer consistent with the style or materials used in the permanent portion of the sign, or is altered in such a way that it no longer conforms to the approved plans and specifications, the sign shall be removed or repaired within fourteen (14) days. (2) Electronic Message Centers. Digital electronic message centers (“EMCs”) may be incorporated into signs as provided in this subsection. (a) Number, Design, Dimensions. 1. Not more than one (1) sign with an EMC component is allowed per street frontage. 2. EMCs shall appear to be incorporated into the face of a permanent sign that includes text or graphics that are not part of the EMC. 3. EMCs shall not have a pixel pitch that is greater than twelve (12) mm. -18- 4. EMCs shall be integrated harmoniously into the design of the sign face and structure, shall not be the predominant element of the sign, and if located at the top of a sign, the sign must include a substantial cap feature above the EMC, which consists of the same material, form, color, and texture as is found on the sign face or structure. 5. Not more than fifty (50) percent of the sign area of a permitted sign may be occupied by EMCs. (b) Spacing, Prohibitions. 1. Signs with EMC components shall be separated from each other and from property used or if the property is vacant but zoned for residential purposes (except multi-family buildings with more than four [4] units) by a distance of not less than one hundred (100) feet, measured in a straight line. 2. EMCs are not allowed on a freestanding pole sign except as provided in Section 3.8.7.6. 3. In the Downtown (D) District, wall signs with electronic message centers are not permitted on properties located within the boundaries of the Portable Sign Placement Area Map, See Sec. 24-150, et seq., Fort Collins City Code. (c) Operations. 1. The message displayed on an EMC shall not change more frequently than once per sixty (60) seconds unless the EMC is subject to Section 3.8.7.6(F). If a single sign includes multiple EMCs, they shall be considered a single EMC for the purposes of this standard. 2. EMCs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed. 3. EMCs shall be controlled by dimming software and sensors to adjust brightness for nighttime viewing and variations in ambient light. 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. (d) Certification. Prior to acceptance of the installation by the City, the permit holder shall schedule an inspection with a Zoning Inspector to verify compliance. The permit holder and the business owner, business manager or property manager shall be in attendance during the inspection. -19- (K) Sight Distance Triangles. Signs that obstruct view within an area between forty-two (42) inches and seventy-two (72) inches above the flowline of the adjacent street shall be set back from the right-of-way line a distance as established in Table (K), Sight Distance Triangles. Table (K) Sight Distance Triangles1 Type of street Y distances (ft.)2 X distances (ft.) Safe sight distance (ft.) Arterial Right: 135 15 500 Left: 270 Collector Right: 120 15 400 Left: 220 Local Right: 100 15 300 Left: 150 Table Notes: 1 These distances are typical sight distance triangles to be used under normal conditions and may be modified by the Director of Engineering in order to protect the public safety and welfare in the event that exceptional site conditions necessitate such modification. 2 See Figure (K) for illustration. Figure (K) Sight Distance Triangle Setbacks (L) Content. Except as provided in this subsection (L), no sign shall be approved or disapproved based on the content or message it displays. (1) Prohibition on Certain Types of Unprotected Speech. The following content, without reference to the viewpoint of the individual speaker, shall not be displayed on signs: (a) Text or graphics that is harmful to minors as defined by state or federal law; (b) Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law; -20- (c) Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs; or (d) Signs that provide false information related to public safety (e.g., signs that use the words “Stop,” “Yield,” “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters that are presented in a manner as to confuse motorists or imply a safety hazard that does not exist). (2) Severability. The narrow classifications of content that are prohibited from display on signs by this subsection (L) are either not protected by the United States and Colorado Constitutions, or are offered limited protection that is outweighed by the substantial and compelling governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each provision of this subsection (L) be individually severable in the event that a court holds one or more of them to be inconsistent with the United States Constitution or Colorado Constitution. (M) Sign Districts. (1) Generally. In recognition that the City is a place of diverse physical character, and that different areas of the City have different functional characteristics, signs shall be regulated based on sign district in which they are located. (2) Sign Districts Created. The following sign districts are created: Downtown, Commercial/Industrial, Multifamily, Single-Family, and Residential Neighborhood. Sign districts shall correspond to zoning districts as provided in Table (M), Sign Districts. Table (M) Sign Districts Sign District Corresponding Zoning Districts Downtown D; R-D-R Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I Mixed-Use L-M-N; M-M-N; H-M-N; N-C Multifamily N-C-M; N-C-B Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C Residential Neighborhood Sign District See map on file at City Clerk’s office. To the extent of any geographic overlap with other sign districts, the Residential Neighborhood Sign District supersedes the overlapped sign district. 3.8.7.2 - Permanent Signs (A) Sign Area Allowance. (1) Generally. The sign area allowance limits the total amount of sign area that may be allocated to certain types of signs (listed in Tables (B) to (F)) on a site based on the -21- location and use of the site. Sign area allowance is calculated as set out in Table (A), Sign Area Allowance. Table (A) Sign Area Allowance Location / Use Calculation For 1st 200 lf. of bldg. frontage + For each lf. of bldg. frontage in excess of 200 lf. = But not less than Generally All Sign Districts1 2 sf. / lf. + 1 sf. / lf. = 1 sf. / lf. of lot frontage TABLE NOTES: 1 Sign allowance is calculated per building frontage and may only be applied to the frontage to which the calculations apply. No more than 3 building frontages shall be used for the purposes of the sign allowance calculations. (2) Sites without Frontage on Public Streets. If a building does not have frontage on a dedicated public street, the owner of the building may designate the one building frontage for the purpose of calculating the sign area allowance. (3) Allocation of Sign Area Allowance. (a) If the only building frontage that fronts on a public street is a wall containing no signs, the property owner may designate another building frontage on the building on the basis of which the total sign allowance shall be calculated, provided that no more than twenty-five (25) percent of the total sign allowance permitted under this Sign Code may be placed on frontage other than the building fascia which was the basis for the sign allowance calculation. (b) In all other cases, the sign allowance for a property may be distributed in any manner among its building and/or street frontages except that no one building, or street frontage may contain more sign area than one hundred (100) percent of the sign area allowance. -22- Figure (A), Sign Types (B) Wall Signs. Wall signs are allowed according to the standards in Table (B), Wall Signs. Table (B) Wall Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Sign Downtown District1 Commercial/ Industrial Mixed-Use Multifamily Single-Family Applied or Painted Wall Signs Max. # Not limited Not limited 1 per single- family dwelling unit or duplex building that fronts on an arterial; or 1 per nonresidenti al use 1 per single- family dwelling unit or duplex building that fronts on an arterial; or 1 per nonresidential use 1 per single- family dwelling unit or duplex building that fronts on an arterial; or 1 per nonresidential use 1 per single-family dwelling unit or duplex building that fronts on an arterial; not limited for nonresidential uses Subject to Sign Area Allowance Yes Yes Nonresidenti al uses only Nonresidentia l uses only Nonresidentia l uses only Yes -23- Table (B) Wall Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Sign Downtown District1 Commercial/ Industrial Mixed-Use Multifamily Single-Family Max. Sign Height 4.5 ft. if within 15 ft. of elevation of sidewalk below; 7 ft. if above 15 ft. of elevation of sidewalk below but any portion below fourth story; 9 ft. if entirely above fourth story. 7 ft. 7 ft. 7 ft. 7 ft. 2.5 ft. within Neighborhood Service Center or Neighborhood Commercial Uses; 2 ft. within Convenience Shopping Center use; and 1.5 ft. for all other Institutional, Business, Commercial, or other Nonresidential uses Max. Sign Width N/A N/A N/A N/A N/A Tenant space 45,000 sf. or less: lesser of 40 ft. or 75% of width of tenant space; Tenant space is larger than 45,000 sf.: 55 ft. Allowed Lighting Indirect only Indirect only Indirect only Indirect only None Indirect only Other Standards For flush wall signs consisting of framed banners, all banners shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame. For flush wall signs consisting of framed banners, all banners shall be sized to fit the banner frame so -24- Applied or Painted Wall Signs – Vertically Oriented Max. # 1 per building 1 per building 1 per building 1 per building 1 per building 1 per single-family dwelling unit or duplex building that fronts on an arterial; 1 per building for nonresidential uses Subject to Sign Area Allowance Yes Yes Nonresidential uses only Nonresidential uses only Nonresidential uses only Yes Max. Sign Area Limited by sign area allowance Limited by sign area allowance Single-family or duplex building: 4 sf. Nonresidential use: 35 sf. Single-family or duplex building: 4 sf. Nonresidential use: 35 sf. Single-family or duplex building: 4 sf. Nonresidential use: 35 sf. Limited by sign area allowance, except if tenant space does not have outside wall, in which case 30 sf. Max. Sign Height 10’ if within 15’ if elevation of sidewalk below; 25 ft. if above 15’ of elevation of sidewalk below 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Max. Sign Width 2 ft. 2 ft. 2 ft. 2 ft. 2 ft. 2 ft. -25- Max. Sign Area Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Max. Sign Height 4.5 ft. if within 15 ft. of elevation of sidewalk below; 7 ft. if above 15 ft. of elevation of sidewalk below but any portion below fourth story; 9 ft. if entirely above fourth story. 7 ft. 7 ft. 7 ft. 7 ft. 2.5 ft. within Neighborhood Service Center or Neighborhood Commercial Uses; 2 ft. within Convenience Shopping Center use; and 1.5 ft. for all other Institutional, Business, Commercial, or other Nonresidential uses Max. Projection 1 ft. 1 ft. 1 ft. 1 ft. 1 ft. 1 ft. Allowed Lighting Any Any Any None None Internal only Other Standards Raceway must be finished to match color of wall; raceway must be not more than 50% of height of -26- Table (C) Window Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District Other Standards Window signs that are not exempt from sign permits are counted towards sign area allowance. See subsection (A), above, and § 3.8.7.1(D)(5)(g) Window signs that are not exempt from sign permits are counted towards sign area allowance. See subsection (A), above, and § 3.8.7.1(D)(5)(g) Window signs that are not exempt from sign permits are counted towards sign area allowance. See subsection (A), above, and § 3.8.7.1(D)(5)(g) Not allowed above the first story of nonresidential buildings Not allowed above the first story of nonresidential buildings Not allowed above the first story of nonresidential buildings (D) Projecting Signs. Projecting signs include awning signs, marquee signs, under-canopy signs, and fin signs. Projecting signs are allowed according to the standards in Table (D), Projecting Signs. Projecting signs shall not extend into the public right-of-way, except that the City may grant a revocable license to allow projecting signs to encroach into the right-of-way. Table (D) -27- Table (D) Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Allowed Lighting Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque For nonresidential uses only; Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Other Standards Not allowed above -28- Table (D) Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Other Standards Under-canopy sign shall not project above top of canopy to which it is mounted; painted or applied wall sign standards apply if parallel to building facade; secondary fin sign standards apply if perpendicular to building façade; not allowed if secondary fin sign is present at same entrance Under-canopy sign shall not project above top of canopy to which it is mounted; painted or applied wall sign standards apply if parallel to building facade; secondary fin sign standards apply if perpendicular to building façade; not allowed if secondary fin sign is present at same entrance Under-canopy sign shall not project above top of canopy to which it is mounted; painted or applied wall sign standards apply if parallel to building facade; secondary fin sign standards apply if perpendicular to building façade; not allowed if -29- Table (D) Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Other Standards City may authorize up to 48 in. encroachment into right-of-way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of- way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of-way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of-way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of- -30- Other Standards Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under- canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance (E) Canopy Signs. Canopy signs are allowed according to the standards in Table (E), Canopy Signs. Table (E) Canopy Signs Type of Sign -31- Table (F) Secondary Roof Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District Max. # 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property Subject to Sign Area Allowance Yes Yes Yes Yes Yes Yes Max. Sign Area (per sign) Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Max. Sign Height 1st or 2nd story secondary -32- (G) Freestanding Permanent Signs. Detached permanent signs are allowed according to the standards in Table (G)(1), Freestanding Permanent Signs. Table (G)(1) Freestanding Permanent Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Downtown Neighborhood Commercial / Industrial Mixed-Use Multifamily Single-Family Primary Detached Signs Max. # 1 per frontage1 1 per frontage1 1 per frontage for nonresidential, mixed- use, or multifamily property1 1 per site for nonresidential, mixed-use, or multifamily uses1; 1 per site for single-family detached or duplex if the lot fronts on an arterial; 2 per public vehicular entry into residential subdivision or multifamily site (one single face sign on each side of entry) 1 per site for nonresidential, mixed-use, or multifamily uses1; 1 per site for single-family detached or duplex if the lot fronts on an arterial; 2 per public vehicular entry into residential subdivision or multifamily site (one single face sign on each side of entry) 1 per site for nonresidential, mixed-use, or multifamily uses1; 2 per public -33- Table (G)(1) Freestanding Permanent Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Downtown Neighborhood Commercial / Industrial Mixed-Use Multifamily Single-Family Other Standards Location may be established by approved development plan; Structure shall match primary finish and colors of associated buildings; Pole style signs shall contain no more than thirty (30) percent (or forty [40] percent if located within the site distance triangle) of 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 techniques as color, material and texture. Freestanding signs that existed prior to December 30, 2011, and that do not comply with this requirement shall be removed or brought into compliance by December 31, 2019, provided that such signs otherwise comply with § 3.8.7.4, Nonconforming Signs. structure shall match primary finish and colors of associated buildings; must be monument style Secondary Detached Signs Max. # 1 per vehicular access point to nonresidential, mixed-use, or multifamily property 1 per vehicular access point to nonresidential, mixed-use, or multifamily property 1 per vehicular access point to nonresidential, mixed- use, or multifamily property 1 per vehicular access point to nonresidential, mixed-use, or multifamily property 1 per vehicular access point to nonresidential, mixed-use, or multifamily property -34- Table (G)(1) Freestanding Permanent Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Downtown Neighborhood Commercial / Industrial Mixed-Use Multifamily Single-Family Setbacks and Spacing 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right- of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. Max. Cabinets or Modules per Sign Face 1 1 1 1 1 1 Other Standards Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is -35- the area in which the portable sign permit may be issued is expanded to include the following zoning districts: D, R-D-R, C-C-R, C-G, and N-C, and all pedestrian-oriented shopping streets within the C-C and H-C zoning districts. (b) All horizontal projected light signs require a permit. (c) The projected image of a horizontal projected light sign: 1. Shall be entirely within ten (10) feet of a building entrance; 2. Shall not exceed six (6) square feet in area; 3. Shall be projected onto a sidewalk or landscaped area; 4. Shall not project onto safety or traffic signage (e.g., crosswalk markings, bicycle dismount signs, etc.); and 5. Shall comply with all applicable lighting standards. (d) The projector shall be concealed from view and either: 1. Located entirely on private property; or 2. Hung under an awning, canopy, eave, or arcade that is allowed to encroach over the right-of-way by way of a revocable license. (e) A Horizontal projected light sign shall not be displayed on the public sidewalk at the same time as a sidewalk sign. (2) Vertical Projected Light Signs. Vertical projected light signs are not allowed as permanent signs. See Section 3.8.7.3 for the temporary use of vertical projected light signs. (3) Operation. All projected light signs shall contain static messages only. Animated, dissolve, or fade transitions are not allowed. (I) Restoration or Reconstruction of Historic Signs. The provisions of this subsection apply to buildings in the Downtown sign district that are fifty (50) years or older, whether or not they are formally recognized as historic at the local, state, or national level, or whether they are located within a designated historic district. (1) A sign on a designated property, or a property determined to be eligible for designation on the National Register of Historic Places, the State Register of Historic Properties, or as a Fort Collins Landmark, that may not otherwise comply with the strict provisions of this Sign Code and has been approved by the Landmark -36- Preservation Commission through a review of Chapter 14 of the City Code shall be permitted and shall not be counted in sign area allowance for the property. (2) A sign on a property which is not designated or individually eligible for designation on the National Register of Historic Places, the State Register of Historic Properties, or as a Fort Collins Landmark, that may not otherwise comply with the strict provisions of this Sign Code and is inspired by a historic sign on the property and does not require a review through Chapter 14 of the City Code by the Landmark Preservation Commission shall be reviewed by the Director. In approving such signs, the Director shall not condition approval on changes in content and must find the following: (a) The sign is not detrimental to the public good; (b) The size and location of the sign are comparable to a historic sign of the property and the deviation from the provisions of this Sign Code are nominal and inconsequential with the context of the neighborhood; (c) The sign is comparable to the quality, character and design of a historic sign of the property; (e) The sign shall not degrade the historic character of the neighborhood or convey a false sense of history. The Director may deny any sign application that does not meet all the standards of this section. All signs approved through Section 3.8.7.2(I) shall count towards the sign area allowance for the property. 3.8.7.3 - Temporary Signs (A) Applicability. The regulations contained in this § 3.8.7.3 apply to temporary signs. The standards of this Section are applied in conjunction with all other applicable standards (e.g., the standards set out in § 3.8.7.1). (B) Standards for Attached Temporary Signs. (1) Generally. The standards of this subsection apply to temporary signs that are attached to buildings. Temporary signs that are not attached to buildings are subject to the standards of subsection (C), below. Duration of display is limited by subsection (D). (2) Attached Temporary Banners and Pennants. Attached temporary banners and pennants may only be displayed provided a permit is obtained pursuant to § 3.8.7.4(B)(2). -37- (3) Temporary Sign Covers. Temporary sign covers are permitted in all sign districts, provided that they are used during a period not to exceed forty (40) days in which a new permanent sign or sign component is being fabricated and such sign or sign component is permitted and installed in accordance with this Sign Code. (4) Temporary Window Signs. (a) Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the standards of § 3.8.7.2(C) are met as to the combination of temporary and permanent window signs. (b) Temporary window signs shall be affixed to the window such that the fastener (e.g., tape) is not highly visible, or shall be mounted vertically inside of the building for viewing through the window. (C) Standards for Detached Temporary Signs. (1) Generally. The standards of this subsection apply to temporary signs that are not attached to buildings. Temporary signs that are attached to buildings are subject to the standards of subsection (B), above. Duration of display is limited by subsection (D). (2) Detached Temporary Signs. Detached temporary signs are allowed according to the standards in Table (C), Detached Temporary Signs. Detached temporary sign types that are not listed in Table C (including but not limited to inflatable signs) are not allowed. Detached banners and pennants may only be displayed provided a permit is obtained pursuant to subsection (E), below. Portable signs may only be displayed provided a permit is obtained pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV. Table (C) Detached Temporary Signs (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Yard Signs Max. # Single-Family and Duplex Residential Buildings: Not Limited Single-Family and Duplex Residential Buildings: Not Limited Single-Family and Duplex Residential Buildings: Not Limited Residential Buildings: Not limited Multi-Family Residential Buildings: 1 per 20 ft. of property frontage or fraction thereof All other uses: 2 per vehicular access point Multi-Family Residential Buildings: 1 per 20 ft. of property frontage or fraction thereof Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or -38- Table (C) Detached Temporary Signs (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof Max. Sign Area (per sign) 6 sf. 8 sf. 8 sf. 6 sf. Max. Sign Height 4 ft. 4 ft. 4 ft. 4 ft. Allowed Lighting None None None None Setbacks and Spacing 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs Other Standards Must be installed in permeable landscaped area. Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension, not more than 10 ft. from vehicular access point Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension Must be installed in -39- Table (C) Detached Temporary Signs (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Other Standards Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Swing Signs Max. # Not allowed Not allowed 1 per property frontage 1 per property frontage Max. Sign Area N/A N/A 5 sf., including riders 5 sf., including riders Max. Sign Height N/A N/A 5 ft. 5 ft. Allowed -40- (1) Generally. The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs or to add permanent signage to a property in addition to that which is allowed by this Sign Code. (2) Classification of Temporary Sign Materials. Temporary signs are constructed from a variety of materials with varying degrees of durability. Common materials are classified in Table (D)(1), Classification of Temporary Sign Materials. Table (D)(1) Classification of Temporary Sign Materials Material Material Class 1 2 3 4 5 Paper, card stock, foam core board, or cardboard ✓ Laminated paper or cardstock, polyethylene bags ✓ Cloth, canvas, nylon, polyester, burlap, flexible vinyl, or other flexible material of comparable durability ✓ Inflexible vinyl, hard plastic, composite, or corrugated plastic ("coroplast") ✓ Wood or metal ✓ (3) Duration of Display. (a) In general, a temporary sign shall be removed as of the earlier of the date that: 1. It becomes an abandoned sign; or 2. It falls into disrepair (see § 3.8.7.5); or 3. The number of days set out in Table (D)(2), Duration of Temporary Sign Display by Material Class, expires. Table (D)(2) Duration of Temporary Sign Display by Material Class Sign Type Max. Duration for Individual Sign by Material Class 1 2 3 4 5 Max. Posting Days/Year Yard Sign Not Allowed 45 days Not Allowed 60 days 180 days 180 days Site Sign Not Allowed Not Allowed Not Allowed 60 days 180 days 180 days 1 Swing Sign Not Allowed Not Allowed Not Allowed 60 days 180 days 180 days 1 Window Sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign Feather Flags Not Allowed Not Allowed 20 days Not Allowed Not Allowed 20 days Table Notes: 1 Alternatively, the sign type may be displayed for three hundred sixty (360) days every two (2) calendar years. -41- (b) Temporary required signs shall be removed as required by the applicable regulation. (4) Administrative Interpretations. Materials for signage that are not listed in this subsection (D) may be introduced into the market. When a material is proposed that is not listed in this subsection (D), the Director shall determine the class of materials with which the new material is most closely comparable, based on the new material’s appearance, durability, and colorfastness. No temporary sign shall be displayed for a longer period than a site sign constructed of class 5 material, regardless of the durability material (although such a sign may be permissible as a permanent sign under § 3.8.7.2). (E) Banners and Pennants. (1) Attached unframed banners, detached banners, and attached and detached pennants are allowed in any zone district subject to the restrictions in below Table (E), provided that a permit is obtained from the Director. The Director shall issue a permit for the display of banners and pennants only in locations where such banners and pennants will not cause unreasonable annoyance or inconvenience to adjoining property owners or other persons in the area and on such additional conditions as deemed necessary to protect adjoining premises and the public. All banners and pennants shall be removed on or before the expiration date of the permit. If any person, business or organization erects any banners or pennants without receiving a permit, as herein provided, the person, business or organization shall be ineligible to receive a permit for a banner or pennant for the remainder of the calendar year. (2) Each business or non-profit entity or other organization, and each individual not affiliated with an entity or organization, shall be eligible to display banners and pennants pursuant to a valid permit for a maximum of forty (40) days per calendar year. A permitted banner may exceed the forty (40) days when there is City authorized construction work in the portion of public right-of-way abutting the property, until such time as all applicable construction materials, equipment and fencing is removed from the right-of-way. (3) The Director shall review a banner or pennant permit application within two (2) business days to determine completeness. If it is complete, the Director shall approve or deny the application within three (3) business days after such determination. If it is incomplete, the Director shall cause the application to be returned to the applicant within one (1) business day of the determination, along with written reasons for the determination of incompleteness. (4) Notwithstanding the size and time limitations contained in Table E in the Downtown sign district: (a) In conjunction with a special event permit, three (3) banners larger in size than forty (40) square feet may be displayed for fifteen (15) days. -42- (b) The Director may approve a temporary banner permit application if it is demonstrated that: 1. The banner display is not detrimental to the public good; 2. The banner does not project into the right-of-way; 3. The banner is attached to a building thirty (30) feet or greater in height; 4. The banner is mounted flush with the building wall; 5. The banner is on the side of building that fronts a right-of-way or public plaza; 6. There is no more than fifteen (15) square feet of permanent signage on the side of the building on which the banner is to be displayed; 7. The banner does not cover more than one (1) architecturally distinct window; 8. No feather flags are displayed on the property; 9. Only one (1) banner is displayed at a time; 10. The banner does not exceed six (6) feet in width and twenty-five (25) feet in height; and 11. The banner is displayed no more than a four (4) consecutive month period. Table (E) Banners and Pennants (sf. = square feet / ft. = linear feet / N/A = not applicable) Standard Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Attached Banners and Pennants Max. # on each building elevation 1 1 per 300 ft. of building elevation or fraction thereof, but not more than 3 banners per building 1 Residential Buildings: Not Allowed Nonresidential Buildings: 1 Max. Sign Area 40 sf. 40 sf. 40 sf. Residential Buildings: N/A Nonresidential Buildings: 40 sf. Allowed Lighting None External None None -43- Table (E) Banners and Pennants (sf. = square feet / ft. = linear feet / N/A = not applicable) Standard Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Max. Sign Height 7 ft. 7 ft. 4 ft. 4 ft. Other Standards None If more than one banner is allowed on a building elevation, banners may be clustered None None Detached Banners and Pennants Max. # Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Not allowed Max. Sign Area (per banner) 40 sf. 40 sf. 40 sf. 40 sf. Allowed Lighting None None None None Max. Sign Height (applies to freestanding banner frames) 6 ft. 6 ft. 6 ft. 6 ft. (5) For banners and pennants in all sign districts, the following shall apply: (a) mounting hardware shall be concealed from view; (b) banners shall be stretched tightly to avoid movement in windy conditions; (c) all banners that are installed in banner frames shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame; -44- include, but are not limited to, Art in Public Places events or Downtown Development Authority Alley Enhancement Projects. (2) The projected image of a vertical projected light signs is limited to nonresidential and mixed-use properties, but is not limited by zoning district. (3) The projected image shall not fall onto a surface with a high degree of specular reflectivity, such as polished metal or glass. The image shall be positioned to harmonize with the architectural character of the building(s) to which it is projected, and shall avoid any projection, relief, cornice, column, window, or door opening. (4) The projected image shall not exceed fifteen (15) square feet if any portion of it is on a first story building wall or on a structure that is not a building, or thirty (30) square feet if all of the image is above the first story of a building, except that a projected image may occupy one hundred (100) percent of the side or rear wall area of a building in the Downtown sign district, provided that the building is within the Downtown Development Authority’s Alley Enhancement Project and the building wall does not face a vehicular right-of-way. (5) The path of the projection shall not cross public rights-of-way or pedestrian pathways at a height of less than seven (7) feet. (6) Vertical projected light signs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed. (7) Vertical projected light signs are subject to the illumination standards of § 3.8.7.1(I) unless the City determines that additional illumination will be permitted because it will pose no material detrimental effects on neighboring properties or public rights- of-way due to the location and/or timing of the display. Such determination, and allowable illumination levels, shall be specified in the permit that allows the vertical projected light sign. 3.8.7.4 - Nonconforming Signs and Administration (A) Nonconforming Signs. (1) Nonconforming signs shall be maintained in good condition and no such sign shall be: (a) Structurally changed to another nonconforming sign, although its content may be changed; (b) Structurally altered in order to prolong the life of the sign; (c) Altered so as to increase the degree of nonconformity of the sign; or (d) Enlarged. -45- (2) Except as provided in subsection (A)(3), below, all existing nonconforming signs located on property annexed to the City shall be removed or made to conform to the provisions of this Article no later than seven (7) years after the effective date of such annexation; provided, however, that during said seven (7) year period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraphs (A)(1)(a) through (f), above. This subsection shall not apply to off-premises signs that are subject to the just compensation provisions of the Federal Highway Beautification Act and the Colorado Outdoor Advertising Act. (3) All existing signs with flashing, moving, blinking, chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the City shall be altered so that such flashing, moving, blinking, chasing, or other animation effects shall cease within sixty (60) days after such annexation, and all existing portable signs, vehicle-mounted signs, banners, and pennants located on property annexed to the City shall be removed or made to conform within sixty (60) days after such annexation. (4) Historic signs shall be considered conforming for the purposes of this Section. The Director may designate a sign as an historic sign if: (a) The applicant provides documentation that the sign has been at its present location for a minimum of fifty (50) years. (b) The sign is structurally safe or capable of being made structurally safe without substantially altering its historic character. The property owner is responsible for making all structural repairs and restoration of the sign to its original condition. (c) The sign is representative of signs from the era in which it was constructed and provides evidence of the historic use of the building or premises. Additionally, a sign shall be considered historic if the Landmark Preservation Commission through a review of Chapter 14 of the City Code as approved the historic nature of the sign. (B) Administration. (1) All sign permit applications shall be accompanied by detailed drawings indicating the dimensions, location, and engineering of the particular sign, plat plans when applicable, and the applicable processing fee. (2) The Director shall review the sign permit application within two business days after receipt to determine if it is complete. If it is complete, the Director shall approve or deny the application within three (3) business days after such determination. If it is incomplete, the Director shall cause the application to be returned to the applicant -46- within one (1) business day of the determination, along with written reasons for the determination of incompleteness. 3.8.7.5 - Sign Maintenance (A) Maintenance Standards. Signs and sign structures of all types (attached, detached, and temporary) shall be maintained according to the following standards: (1) Paint and Finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not a part of the original design. (2) Mineral Deposits and Stains. Mineral deposits and stains shall be promptly removed. (3) Corrosion and Rust. Permanent signs and sign structures shall be finished and maintained to prevent corrosion and rust. A patina on copper elements (if any) is not considered rust. (4) Damage. Permanent signs that are damaged shall be repaired or removed within one (1) year, unless the damage creates a material threat to public safety, in which case the Chief Building Official may order prompt repair or removal. Temporary signs that are obviously damaged (e.g., broken yard signs) shall be removed within twenty-four (24) hours. (5) Upright, Level Position. Signs that are designed to be upright and level, whether temporary or permanent, shall be installed and maintained in an upright and level position. Feather flag poles shall be installed in a vertical position. Signs that are not upright and level shall be removed or restored to an upright, level position. (6) Code Compliance. The sign must be maintained in compliance with all applicable building, electrical, and property maintenance codes (including any exceptions that may apply to existing sign structures). (B) Quality of Repairs. Repairs to signs shall be equal to or better in quality of materials and design than the original sign. (C) Altering or Moving Existing Signs. (1) Any alteration to an existing sign structure (except for alterations to changeable copy, replacement of a panel in a cabinet sign, replacement of a light source with a comparably bright light source, application of paint or stain) shall require a new permit pursuant to § 3.8.7.4(B) prior to commencement of the alteration. Alterations requiring a new permit shall include, without limitation: -47- (a) Changes to the area of manual changeable copy center on a sign, including the installation of a new manual changeable copy center where one was not previously present; (b) Changing the size of the sign; (c) Changing the shape of the sign; (d) Changing the material of which the sign is constructed; (e) Changing or adding lighting to the sign (except as provided above); (f) Changing the location of the sign; or (g) Changing the height of the sign. (2) No sign permit is required for removal of sign displays from supporting structures for maintenance, provided that they are replaced on the same support in the same configuration and the maintenance did not involve work that requires a permit. Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the following new definitions which read in their entirety as follows: Banner frame shall mean a type of wall sign composed of a frame that is secured to a building wall and used to stretch banners such that they are tightly stretched and their mounting hardware is hidden from view. Billboard shall mean a type of freestanding sign that incorporates a sign face that is larger than seventy (70) square feet, mounted on one or more pole structures, such that the lowest part of the sign face is ten (10) feet or more above adjacent grade. Illustrative Billboard -48- Bulletin board shall mean a type of wall sign composed of a cork, letter board, white board, or comparable surface that is within a secured, weather-resistant enclosure and used for the display of temporary messages. Bulletin board does not include manual changeable copy center. Commercial speech shall mean expression by a speaker for the purposes of commerce, where the intended audience is actual or potential consumers, and where the content of the message is commercial in character. Commercial speech typically advertises a business or business activity or proposes a commercial transaction. Digital electronic message center shall mean a display surface that is composed of light emitting diodes (LEDs) or comparable light sources that is capable of displaying variable messages and graphics, which are generally created on a computer. Digital electronic message centers are also known as EMCs. Initial luminaire lumens shall mean the light output of the lamp or luminaire before any light loss factors are considered. Manual changeable copy message center shall mean a sign element in which letters, numbers, or symbols may be changed manually without altering the face of the sign (e.g., by placement of letters into tracks that are enclosed within a cabinet structure). Manual changeable copy centers are sometimes known as “readerboards.” Monument style shall mean a style of freestanding sign characterized by a supporting sign structure that is at least seventy (70) percent of the width of the sign face, and that contains not more than two (2) sign faces. Pole cover shall mean a durable, permanent decorative cover that encloses the structural supports of a detached sign. The phrase “pole cover” does not include paints, stains, powder coating, or other finishes that are applied directly to the structural supports. Secondary roof shall mean a flat roof structure that is at least 10 feet lower than another roof structure on the same building. Sign, applied or painted shall mean a type of wall sign that is applied to or painted on a building wall, such that the sign appears flush with, or within not more than one (1) inch of, the surface of the wall. Sign, cabinet shall mean a type of sign composed of a frame or external structure with a box-like design that encloses a sign face and other functional elements of the sign, including dimensional or electrical components. Sign, dimensional wall shall mean a three-dimensional sign that is attached to building wall, such that the elements of the sign do not extend more than eight (8) inches from the building wall. Dimensional wall signs include but are not limited to channel lettering. -49- Illustrative Dimensional Wall Sign Sign, fin shall mean a projecting sign that is mounted on or affixed to a building wall, such that the sign face is generally perpendicular to the building wall. In addition to the wall mount or mounts, a fin sign may include ground-mounted support structures. Illustrative Fin Signs Sign, hanging shall mean a sign that is mounted under an awning or canopy as such terms are defined above, or under a cantilevered portion of a building. Generally, hanging signs are oriented perpendicular to the building wall. Sign, interactive window shall mean one (1) or more illuminated screens that are displayed inside storefront windows that can be programed to allow customers to navigate content interactively from outside the window. Sign, marquee shall mean a projecting sign that is designed as a canopy structure, which includes a combination of permanent lettering or graphics and either manual changeable copy or electronic message center components. Sign, optional residential shall mean a wall sign, affixed to a residential building on a street-facing elevation, with a single sign face that does not exceed four (4) square feet in area. Sign, primary detached shall mean a detached sign that is visually dominant over other detached signs on the same property, due to its taller height and/or larger sign area. -50- Sign, primary fin shall mean a fin sign that is visually dominant over other fin signs on the same building, due to its taller height and/or larger sign area. Sign, projected light shall mean any image, text, or other content that is projected onto an outdoor surface (e.g., a building wall or sidewalk) by a laser projector, video projector, video mapping, or other comparable technology, in a location such that the image, text, or content is obviously visible from outside of the premises. Sign, projecting shall mean a type of attached sign that extends from a building wall, usually perpendicular to the wall’s surface. Projecting signs include awning signs, fin signs, marquee signs, and hanging signs. Sign, required shall mean a sign that is required by an applicable building code (e.g., address numbers) or health and safety regulations (e.g., the Occupational Safety and Health Act (“OSHA”) or other laws or regulations, whether such sign is temporary or permanent. Sign, roof shall mean a type of attached sign that is mounted onto a building’s roof structure. Sign, secondary detached shall mean a detached sign that is subordinate to a primary detached sign in terms of height and/or sign area. Sign, secondary fin shall mean a fin sign that is subordinate to a primary fin sign in terms of height and/or sign area. Sign, secondary roof shall mean a sign that is mounted upon the horizontal plane of a flat roof structure of secondary roof of a building, which may include the roof of a canopy or porte-cochère that is attached to a building. Sign, wall shall mean a sign that is painted on, applied to, or affixed to a building wall. Wall signs include applied or painted signs, bulletin boards, cabinet signs, and dimensional wall signs. Street-facing building elevation shall mean Building Elevation that is oriented toward a public or private street that abuts the property. Temporary seasonal decorations shall mean decorations and signs that are clearly incidental, customary, and commonly associated with a holiday. Window transparency shall mean the surface area of a window that is not covered or obstructed by a sign, such that the visibility through the window in both directions is not blocked by a sign. Section 4. That the following definitions contained in Section 5.1.2 of the Land Use Code are hereby amended to read as follows: . . . Banner shall mean a type of temporary sign that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts or wire, mounted in a free-standing frame, or hung on walls with ties, clips, rails, brackets, hooks, or frames. . . . -51- Building elevation, for the purposes of Sections 3.8.7 only, shall mean the external face of a building, projected onto a two-dimensional plane. For purposes of calculating allowed sign area, the building elevation is the two-dimensional representation of the side of the building upon which the sign is proposed. . . . Flag shall mean a flexible piece of fabric, that is attached along one (1) edge to a straight, rigid flagpole (directly or with rope), and which is designed to move when the wind blows. Flags are typically (but not necessarily,) rectangular in shape, and often (but not always) include printed or embroidered insignia that symbolizes a nation, state, or organization, or that display a graphic or message. Flag, feather shall mean a flexible piece of fabric that is attached to a flexible pole along a long edge such that the pole stretches the fabric taut regardless of wind conditions. Feather flags are also commonly referred to as “teardrop banners,” “teardrop flags,” and “flutter flags.” Illustrative Feather Flags . . . Principal building entrance, for the purposes of Sections 3.8.7 only, shall mean a street- level primary point of public pedestrian access into a building. The phrase “principal building entrance” does not include doors used principally as emergency exits, or doors that provide restricted access (e.g., for employees or deliveries). . . . Property, for the purposes of Sections 3.8.7 only, shall mean the real property owned or controlled by the applicant for a sign permit or alternative sign program. Property may be a single lot or parcel, or may be a combination of abutting lots or parcels that will be bound by the approval. Property frontage, for the purposes of Sections 3.8.7 only, shall mean the length of a front, side, or rear property line that abuts a street right-of-way. . . . -52- Sign shall mean any writing (including letter, word or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or any other figure of similar character that is a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on or near a building, board, plate, or upon any material object or device whatsoever, that by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. The term sign shall not include the following: (1) window of merchandise or products; (2) works of art that do not include commercial speech; (3) products, merchandise or other materials that are offered for sale or used in conducting a business, when such products, merchandise, or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials; and (4) any display that would otherwise be considered a sign, but that has been found by the Landmark Preservation Commission to be an integral part of a building that is designated as an historic landmark, and the display is a contributing feature of the historic character of such building. Sign face means the surface area of a sign that is designed for placement of text, symbols, or images. The sign face does not include the supporting structure, if any, unless the supporting structure is used for the display of text, symbols, or images. For wall signs, the sign face is equal to the sign area of the wall sign, or the area within any frame or color used to define, differentiate, or mount the wall sign, whichever is larger. Illustrative Sign Face Sign, attached shall mean a flush wall sign, a window sign, a roof sign, or a projecting sign. . . . -53- Sign, awning shall mean a sign that is painted on, integrated into, or attached to an awning. For the purposes of this definition, an awning is a projection from the building that is supported entirely from the exterior wall of the building, and that gives shelter from the sun or weather over doors, windows, or storefronts. An awning is different from a canopy in that an awning is covered with fabric or other flexible material. Sign, canopy shall mean a type of sign with one face affixed to a canopy. For the purposes of this definition, a canopy is an attached or detached structure, open on at least one side, that is designed to provide overhead shelter from the sun or weather. Canopies include, but are not limited to, service station canopies, carports, porte-cochères, arcades, and pergolas. A canopy is different from an awning in that a canopy is not covered with fabric or flexible material. . . . Sign, inflatable shall mean a sign that is constructed from an envelope flexible material that is given shape and/or movement by inflation. The phrase inflatable sign does not include balloons that are less than eighteen (18) inches in all dimensions. . . . Sign, permanent shall mean a durable sign that is mounted or affixed for long-term use, not easily removed, and resistant to weather and other wear and tear. Sign, portable shall mean a sign that is designed to be easily moved from one location to another, and when placed, is neither fastened to a permanent structure or building, nor staked or otherwise installed into the ground. Illustrative Portable Sign . . . -54- Sign, site shall mean a type of temporary sign that is constructed of vinyl, plastic, wood, metal, or other comparable rigid material, that is displayed on a structure that includes at least two (2) posts. Illustrative Site Sign . . . Sign, yard shall mean a type of temporary sign that is constructed of paper, vinyl, plastic, wood, metal or other comparable material, that is mounted on a stake or a frame structure (often made from wire) that includes one (1) or more stakes. Illustrative Yard Signs Section 5. That the definition “Sign, election” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Section 6. That the definition “Sign, ideological” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Section 7. That the definition “Sign, for sale or rent” contained in Section 5.1.2 of the Land Use Code is hereby deleted. -55- Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk (d) banners are not allowed if any of the following are present on the property: feather flag, yard sign, site sign, or swing sign; (e) any common line of pennants must be stretched tightly to avoid movement in windy conditions. (F) Vertical Projected Light Signs. (1) Vertical projected light signs may be used in connection with a temporary special event, during the term of the temporary special event. Such special events may Lighting N/A N/A None None Setbacks and Spacing N/A N/A 2 ft. from all property lines 2 ft. from all property lines Other Standards N/A N/A Swing signs shall be installed in permeable landscaped areas that are at least 4 ft. in every horizontal dimension and at least 20 sf. in area Swing signs shall be installed in permeable landscaped areas that are at least 4 ft. in every horizontal dimension and at least 20 sf. in area Feather Flags Max. # 1 per 100 ft. of property frontage or fraction thereof; may be clustered 1 per 100 ft. of property frontage or fraction thereof; may be clustered 1 per 100 ft. of property frontage or fraction thereof; may be clustered Residential Buildings: Not Allowed Nonresidential Buildings: 1 Max. sign area 40 sf. 40 sf. 40 sf. 10 sf. Max. sign height 15 ft. 15 ft. 15 ft. 10 ft. Other Standards Not allowed if freestanding banner is present Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Not allowed if freestanding banner is present Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole (D) Duration of Display of Temporary Signs. permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension Site Signs Max. # Residential Buildings: Not Limited 1 per 600 ft. of property frontage or fraction thereof 1 per 600 ft. of property frontage or fraction thereof, provided that the area of the property is at least 2 acres; properties that are less than 2 acres shall not display site signs 1 per 600 ft. of property frontage or fraction thereof, provided that the area of the property is at least 2 acres; properties that are less than 2 acres shall not display site signs Nonresidential and Residential Mixed Use Buildings: 1 per property Max. Sign Area 16 sf. 32 sf. 32 sf. 32 sf. Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft. Allowed Lighting External, down directional and concealed light source External, down directional and concealed light source External, down directional and concealed light source External, down directional and concealed light source Setbacks and Spacing 2 ft. from front property lines 2 ft. from front property lines 2 ft. from front property lines 2 ft. from front property lines 10 ft. from all other property lines 10 ft. from all other property lines 10 ft. from all other property lines 10 ft. from all other property lines 10 ft. from all other signs 10 ft. from all other signs 10 ft. from all other signs 10 ft. from all other signs 12 ft. from building walls 12 ft. from building walls 12 ft. from building walls 12 ft. from building walls fraction thereof required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of- way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Table Notes: 1 Frontages include the frontage of all properties that are part of a group of properties that are planned or developed with shared pedestrian or vehicular access. Signs may not be allocated from one frontage to another. 2 Additional sign area and sign height are allowed as follows: (i) Convenience shopping centers: Max. sign area: 40 sf., Max. sign height 8 ft.; (ii) Neighborhood service centers or neighborhood commercial districts: Max. sign area: 55 sf., Max. sign height: 10 ft. 3 A Drive-Thru Lane EMC may be 100% of the sign area if the display changes no more than three times in a 24hr. period. 4 For a Drive-Thru Lane Sign screening may be achieved through plants or other materials compatible to the primary building Table (G)(2) Setback for Primary Detached Signs based on Sign Height and Sign Area Distance from Street Right-of-Way Line (ft.) Monument Style Sign Pole Style Sign Max. Height (ft.) Max. Sign Area (per face) (sf.) Max. Height (ft.) Max. Sign Area (per face) (sf.) 0 7 45 10 20 5 8.5 60 10 30 10 10 75 12 40 15 12 90 12 50 20 12 90 14 60 25 12 90 16 70 30 12 90 18 80 36+ 12 90 18 90 (H) Projected Light Signs. (1) Horizontal Projected Light Signs. (a) Horizontal projected light signs that are projected onto public sidewalks are allowed only by portable sign permit, except that with respect to such signs, 1 per street frontage of a neighborhood service center or neighborhood commercial district Subject to Sign Area Allowance Yes Yes Nonresidential uses only No No No Max. Sign Area 16 sf. 16 sf. 16 sf. 16 sf. 16 sf. 32 sf. Max. Sign Height 4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 6 ft. Allowed Lighting Any Any Any Indirect only Indirect only Any Setbacks and Spacing 2 ft. from right- of-way; 10 ft. from property lines 2 ft. from right-of- way; 10 ft. from property lines 2 ft. from right-of-way; 10 ft. from property lines 2 ft. from right-of- way; 10 ft. from property lines 2 ft. from right- of-way; 10 ft. from property lines 2 ft. from right-of-way; 10 ft. from property lines Max. Cabinets or Modules per Sign Face 1 1 1 1 1 1 Other Standards Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Drive-Thru Lane Signs Max. # 1 per drive through lane 1 per drive through lane 1 per drive through lane 1 per drive through lane 1 per drive through lane 1 per drive through lane Subject to Sign Area Allowance No No No No No No Max. Sign Area 30 sf. 3 30 sf. 3 30 sf. 3 30 sf. 3 30 sf. 3 30 sf. 3 Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. Allowed Lighting Any Any Any Any Any Any vehicular entry into residential subdivision or multifamily site (one single face sign on each side of entry) Subject to Sign Area Allowance Yes Yes Yes, for nonresidential or multifamily uses No No Yes Max. Sign Area Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Single-family detached or duplex building with frontage on arterial: 4 sf. All other allowed signs: 35 sf. Single-family detached or duplex building with frontage on arterial: 4 sf. All other allowed signs: 35 sf. 32 sf.2 Max. Sign Height Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Single-family detached or duplex building with frontage on arterial: 5 ft. Multifamily or Nonresidential use: 8 ft. Single-family detached or duplex building with frontage on arterial: 5 ft. Multifamily or Nonresidential use: 8 ft. Multifamily or Nonresidential use: 5 ft.2 Allowed Lighting Any Any Any Indirect only None Any Setbacks and Spacing See Table (G)(2), below; 15 ft. setback from interior lot lines; 75 ft. spacing between freestanding signs See Table (G)(2), below; 15 ft. setback from interior lot lines; 75 ft. spacing between freestanding signs See Table (G)(2), below; 15 ft. setback from interior lot lines; 75 ft. spacing between freestanding signs Not allowed if a wall sign is installed Not allowed if a wall sign is installed 75 ft. from adjacent residential zone or existing or approved residential use Max. Cabinets or Modules per Sign Face 3 3 3 3 3 3 roof: 3 ft 1st or 2nd story secondary roof: 3 ft.; 1st or 2nd story secondary roof: 3 ft.; 1st or 2nd story secondary roof: 3 ft 1st or 2nd story secondary roof 1st or 2nd story secondary roof: 3 ft Allowed Lighting Any Any Any Any Any Any Other Standards Distance between secondary roof and bottom of sign face shall not exceed 6 in.; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6 in. ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6 in. ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6in ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6in. ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6 in. ; not allowed above 2nd story Figure (F) Secondary Roof Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District All Canopy Signs Max. # 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per canopy elevation, for nonresidential, multifamily, or mixed- use property 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per street frontage, on canopy that covers vehicular use area of nonresidential, multifamily, or mixed-use property Subject to Sign Area Allowance Yes Yes Yes Yes Yes Yes Max. Sign Area (per sign) 20 percent of canopy fascia on elevation to which sign is mounted 30 percent of canopy fascia on elevation to which sign is mounted 30 percent of canopy fascia on elevation to which sign is mounted 15 percent of canopy fascia on elevation to which sign is mounted 10 percent of canopy fascia on elevation to which sign is mounted 12 sf. on canopy that covers vehicular use area Allowed Lighting Internal only Internal only Internal only Internal only Internal only Internal only Min. Sign Clearance By building code By building code By building code By building code By building code By building code Other Standards Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Not allowed on a canopy that covers a vehicular use area if an under-canopy sign is present. (F) Secondary Roof Signs. Secondary roof signs are allowed according to the standards in Table (F), Secondary Roof Signs. way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. Figure (D) Fin Signs (Primary) Fin Signs (Secondary) Max. # 1 per public building entry 1 per public building entry 1 per public building entry 1 per public building entry 1 per public building entry 1 per public building entry Subject to Sign Area Allowance Yes Yes Yes, but only for nonresidential uses No No Yes Max Sign Area 4 sf. 4 sf. 4 sf. 4 sf. 4 sf. 4 sf. Max. Projection 4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 1 ft. Min. Sign Clearance By building code By building code By building code By building code By building code By building code Allowed Lighting Indirect only Any Any Not allowed Not allowed Internal only secondary fin sign is present at same entrance Not allowed if secondary fin sign is present at same entrance Not allowed if secondary fin sign is present at same entrance Not allowed on a canopy that covers a vehicular use area if a canopy sign is present; not allowed if secondary fin sign is present at same entrance Fin Signs (Primary) Max. # 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building Subject to Sign Area Allowance Yes Yes Yes, but only for nonresidential, mixed-use, or multifamily buildings Yes, but only for nonresidential, mixed-use, or multifamily buildings Yes, but only for nonresidential, mixed-use, or multifamily buildings Yes Max Sign Area 12 sf. if within 15 ft. of elevation of sidewalk below; 25 sf. if between 15 ft. and 45 ft. of elevation above sidewalk below; 45 sf. if entirely above 45 ft. of elevation above sidewalk below 15 sf. 15 sf. 15 sf. 15 sf. 7 sf. Max. Sign Height 7 ft. if within 15 ft. of elevation of sidewalk below; 10 ft. if 15 ft. to 45 ft. of elevation above sidewalk below; 18 ft. if entirely above 45 ft. of elevation above sidewalk below 7 ft. 7 ft. 7 ft. 7 ft. 4 ft. Max. Projection (may project into right-of- way only by revocable license) Entirely or partially below third story: 3 ft.; entirely above third story:.6 ft.; Not more than 4 ft. within right-of-way 6 ft.; not more than 4 ft. within right-of- way 6 ft.; not more than 4 ft. within right-of- way 6 ft.; not more than 4 ft. within right-of-way 6 ft.; not more than 4 ft. within right- of-way 4 ft.; not more than 4 ft. within right-of-way Min. Sign Clearance 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. Allowed Lighting Any Any Any Any Any Internal only first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Under-Canopy Signs Max. # 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies; 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies Under canopies that cover vehicular use areas: 1 per street frontage; all others not limited. Subject to Sign Area Allowance Yes Yes Yes Yes Yes Yes Max. Sign Area (per face) Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Min. Sign Clearance 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. Allowed Lighting Any Any Any Indirect only Indirect only Indirect only Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Awning Signs Max. # 1 per awning 1 per awning 1 per awning 1 per awning; limited to nonresidential uses 1 per awning; limited to nonresidential uses 1 per awning; limited to nonresidential uses Subject to Sign Area Allowance Yes Yes Nonresidential uses only Nonresidential uses only Nonresidential uses only Yes Max. Sign Area Lesser of 35 sf. or 25% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Lesser of 10 sf. or 10% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Max. Projection (may project into right-of- way with revocable license) 7 ft. 7 ft. 7 ft. 7 ft. 7 ft. 7 ft. Min. Sign Clearance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes (C) Window Signs. Window signs are allowed according to the standards in Table (C), Window Signs. Table (C) Window Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District All Window Signs Max. # Not limited1 Not limited1 Not limited1 Not limited Not limited Not limited Subject to Sign Area Allowance Yes, except as provided in “other standards,” below Yes, except as provided in “other standards,” below Nonresidential only, and except as provided in “other standards,” below No No Yes Max. Sign Area2 Up to 50% of area of architecturally distinct window. Up to lesser of 50% of area of architecturally distinct window or 80 sf. Up to lesser of 50% of area of architecturally distinct window or 80 sf. Nonresidential: Up to lesser of 50% of area of architecturally distinct window or 80 sf.; Residential: 6 sf. Nonresidential: Up to lesser of 50% of area of architecturally distinct window or 80 sf.; Residential: 6 sf. Nonresidential: Up to lesser of 25% of area of architecturally distinct window or 80 sf.; Residential: 6 sf. Max. Sign Height No Max. 7 ft. 7 ft. 3 ft. 3 ft. 3 ft. Allowed Lighting Internal Internal Internal None None Internal Allowed Lighting Indirect only Indirect only Indirect only Indirect only Indirect only Indirect only Figure (B)(2) Applied or Painted Wall Signs – Vertically Oriented Cabinet Wall Signs or Dimensional Wall Signs Max. # Not limited Not limited Not limited for nonresidential or mixed-use; 1 per building per frontage for multifamily properties Not limited for nonresidential or mixed-use; 1 per building per frontage for multifamily properties Not limited for nonresidential or mixed-use; 1 per building per frontage for multifamily properties Not limited for nonresidential or mixed- use; 1 per building per frontage for multifamily properties Subject to Sign Area Allowance Yes Yes Nonresidential uses only Yes Yes Yes that there are no visible gaps between the edges of the banner and the banner frame. Not allowed if detached sign is installed Not allowed if detached sign is installed Not allowed if detached sign is installed Location shall harmonize with architecture of the building(s) to which sign is attached, (e.g., projection, relief, cornice, column, change of building material, window or door opening); Flush wall signs shall align with other such signs on the same building. Figure (B)[(1) Applied or Painted Wall Signs Max. Sign Area In addition to sign allowance, 6 sf. is allowed on rear wall if: (i) the wall includes a public entrance; (ii) site is within DDA Alley Enhancement Project area; and (iii) a projecting sign is not installed on the wall Limited by sign area allowance Single-family or duplex building: 4 sf. Nonresidenti al use: 35 sf. Single-family or duplex building: 4 sf. Nonresidentia l use: 35 sf. Single-family or duplex building: 4 sf. Nonresidentia l use: 35 sf. Limited by sign area allowance, except if tenant space does not have outside wall, in which case 30 sf.