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HomeMy WebLinkAboutMemo - Mail Packet - 3/30/2021 - Memorandum From Delynn Coldiron Re: Temporary Signs, Enforcement And Election Communications City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221.6295 - fax fcgov.com MEMORANDUM DATE: March 19, 2021 TO: Mayor Troxell and City Councilmembers THRU: Darin Atteberry, City Manager Kyle Stannert, Deputy City Manager FROM: Delynn Coldiron, City Clerk RE: Temporary Signs, Enforcement and Election Communications This memo is to inform Council of recent election communication. Attached is a memo that was sent to all 2021 election candidates and committee representatives on March 19, 2021. We have also added the information to the FAQs that are available on the website at https://www.fcgov.com/elections/candidate-faqs. Please let me know if you have any questions. Attachment City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221.6295 - fax fcgov.com MEMORANDUM DATE: March 19, 2021 TO: 2021 Election Candidates THRU: Kyle Stannert, Deputy City Manager FROM: Delynn Coldiron, City Clerk Delynn CC: Rita Knoll, Chief Deputy City Clerk Noah Beals, Senior City Planner-Zoning Brad Buckman, Interim City Engineer Justin Moore, Lead Inspector Code Compliance RE: Temporary Signs used during Elections As we draw near to the April 6 election, the following information is being provided to support everyone s understanding of the City s requirements related to temporary signs and other communications that are used as part of elections. Our hope is that this will help candidates better understand the requirements and remain in compliance. It also provides information about the enforcement process for signs found in the City s right-of-way. Placement of temporary signs is something community members care about. City staff frequently receive complaints about temporary signs during an election season. In response to complaints, City staff patrols reported areas to ensure all temporary signs meet City requirements. Proactive patrols are also done for the same purpose. A temporary sign may be immediately removed if the City Engineer determines it has been placed on public property. City practice is to notify the owner of a temporary sign that has been removed and the sign is then held for 10 days. Staff will coordinate with candidates to return them. Any subsequent temporary signs that appear in the same vicinity are generally removed without notification, so if there is any requirement that is still unclear please contact one of us to find out additional details. It is our hope that the following information helps clarify requirements found in the City Code and to avoid the need for removal of signs between now and the beginning of April. Temporary Signs, Enforcement and Election Communications March 19, 2021 Page 2 Q: Where are signs allowed to be placed, and what are non-conforming locations where they are likely to be removed when reported or identified by City inspectors? Temporary signs are allowed on private property; however, the property owner s permission is required before signs are placed. Signs must be located behind any sidewalks that are present and must comply with temporary sign standards (see below). If the temporary sign is a banner, a permit is required. A banner is defined as 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 freestanding frame, or hung on walls with ties, clips, rails, brackets, hooks, or frames. Temporary signs such as most election signs are not allowed on park land, medians, sidewalks, street rights-of-way, in front of City buildings or any other public area owned or controlled by the City of Fort Collins without a permit. The public right-of-way includes the median-like areas between the sidewalk and the street (referred to as parkways ), as well as generally about two feet behind the sidewalk. Q: What is considered a temporary sign? Temporary signs may include election messages and must meet all standards in the Land Use Code, Section 3.8.7; specifically, 3.8.7.3. and Article 5 Definitions. Temporary signs include: Yard Signs Site Signs Swing Signs Window Signs Feather Flags Banners Vehicle Mounted Signs The Land Use Code does not regulate a temporary sign based on its message. Therefore, real estate signs, election signs, ideological signs and other messages all follow the same standards. In general, these standards regulate the location, size, material, and duration of display of temporary signs. Q: Are there requirements for other types of signs or physical media during campaigns? Other common communications are regulated by the standards in the Municipal Code Chapter 17 Article III. Sec. 17-42 Fliers Notices Posters Temporary Signs, Enforcement and Election Communications March 19, 2021 Page 2 The Code prohibits fastening or affixing fliers or other notices to private property, including motor vehicles and other personal property, without the permission of the owner or occupants of such property. Permission to fasten or affix fliers to the front door of a private residence is implied if there is an improved walkway connecting the residence directly to a public right-of- way, unless: Access to the walkway is restricted by a fence, gate or other permanent structure; A No Trespassing or No Solicitation sign or a sign prohibiting posting is posted at or near the entrance to the residence; or The owner or occupant of a particular residence has notified the person/entity intending to fasten or affix the fliers that such materials may not be posted. Banners are allowed in most zone districts. Exceptions include: Rural Lands District (R-U-L) Residential Foothills District (R-F) Low Density Residential District (R-L) Neighborhood Conservation, Low Density District (N-C-L) Public Open Lands District (P-O-L) River Conservation District (R-C) More information about these zone districts can be found in Land Use Code Article 4. If a banner is placed on an approved nonresidential building in compliance with all other standards it is allowed in these zone districts. These zone districts primarily consist of open space and detached single family housing. Vehicle mounted signs are allowed in all zone districts, similar to delivery trucks that have a message on them. Vehicle mounted signs must: Be on an operational vehicle with current registration and tags; Ensure the display does not interfere with the immediate operation of the motor vehicle; Not cover windows or be held in place by an open hood, trunk, or door; and Be placed on a vehicle that is legally parked in a vehicle use area depicted on an approved site plan. Q: Are there rules regarding expenditures for political communications? Expenditures for political communications are regulated by the Standards for Elections in the Municipal Code, Chapter 7, Article 5, Section 140. Communications purchased to expressly advocate a particular result in an election shall clearly state that the communication is paid for by the applicable candidate, candidate committee, issue committee, political committee, or registered small-scale issue committee. Temporary Signs, Enforcement and Election Communications March 19, 2021 Page 2 Q: Where can I find out more information about sign regulations? Information related to the allowable size and materials for temporary signs can be found in the Land Use Code (Section 3.8.7.3). City staff is available to assist candidates with the related criteria and can also provide more information related to banners and permits. For assistance, contact the Zoning Department at 970-416-2745. If you have any additional questions or feedback, please reach out to City staff. Contact information is shown below: Election standards City Clerk s Office at cityclerk@fcgov.com 970 221.6515 Temporary Sign standards Zoning at zoning@fcgov.com 970.416.2745 Retrieve signs removed from the public right-of-way Neighborhood Services at neighborhoodservices@fcgov.com 970.416.2598 All other inquires can be placed through ACCESS FORT COLLINS We are available to assist you anyway possible to help ensure you understand temporary sign requirements, banner requirements and the related enforcement process. Happy campaigning!