HomeMy WebLinkAboutMemo - Mail Packet - 11/2/2021 - Memorandum From Noah Beals Re: Requested Staff Follow-Up
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
DATE: October 27, 2021
TO: Mayor and Councilmembers
Thru: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Caryn Champine, Director of PDT
Paul Sizemore, Community Development & Neighborhood Services
Director
From: Noah Beals, Senior City Planner-Zoning
RE: Requested staff follow-up on temporary sign regulations from the
October 19, 2021 Council Meeting
The purpose of this memo is provide information on how the City regulates temporary
signage. At the October 19 City Council meeting, members of the public expressed
concerns about the City’s temporary sign regulations and the equitable application of
those codes. Councilmembers requested more information on the regulations,
enforcement model, and first amendment protections in the City’s Sign Code.
Bottom Line
The City’s sign code is “content neutral” which means temporary signs are not regulated
based on the messages they contain. Such signs are allowed to be displayed based on
the material of the sign, size, location and duration. Compliance with these regulations
are reviewed proactively along arterial streets and in response to complaints within
neighborhoods. Most violations are voluntarily addressed.
Background
In 2017, the City’s sign code was updated to ensure compliance with the United States
Supreme Court case Reed v. Town of Gilbert. This case made clear that temporary
sign standards cannot differ based on the message of the sign. Therefore, such terms
as ideological sign, election sign, and real estate sign were eliminated from the code.
In general, sign standards are intended to prevent the proliferation of signs creating
“sign clutter,” which can result in:
Visual distractions
Physical obstructions of streets, sidewalks, or trails creating public safety
hazards
Degradation of the aesthetic quality of the City of Fort Collins
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Dilution or obstruction of messages on individual signs due to increased intensity
of messages.
Current Regulations
The current standards for temporary signs focus on the durability of the material, the
size of the sign, where it is placed and the length of time it can be displayed. These
regulations allow signs that have a higher durability to be displayed for longer periods of
time within a calendar year.
Paper
Laminated
Paper or
flexible
plastic
Cloth/Canvas Hard
Plastic Wood Metal
Yard
Sign
Not
Allowed 45 days Not Allowed 60 days 180
days
180
days
For example, if a resident displays a yard sign made of a flexible plastic for the full 45
days, they can continue to display the same message on a different type of sign such as
hard plastic, wood or metal for additional days in a calendar year.
The public right-of-way is limited to only City (government) signs.
Additional Signage Options for Residential Properties
In addition to yard signs, window signs are also permitted. A sign of any material can be
displayed inside a window for 30 days per sign. After 30 days, a new window sign can
be placed in the window for another 30 days for the entire year. The message can be
different or the same.
Additionally, a permanent sign that is 2 square feet in size may be affixed to the outside
of the home regardless of the message.
Enforcement Approach
Compliance issues are more common along arterial streets in front of non-residential
land uses (e.g., commercial buildings). City inspectors routinely travel these areas and
proactively engage with business owners to ensure compliance. As inspectors are in the
community, signs observed in the public right-of-way are removed as needed. A more
proactive approach is taken in this area because they may increase safety concerns.
In addition, City zoning inspectors respond to complaints from community members
about potential sign code violations. The enforcement process includes contacting
residents, providing education on the sign standards and occasionally removing a sign
from public right away. All enforcement is handled based on the material, size, and
placement of the sign, not on the message displayed.
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The sign code is applied equally and fairly to all properties in the City. However, due to
resource limitations on the City’s inspection team, staff are reliant on complaints to
enforce the sign code in residential areas. Additional proactive efforts to create a more
uniform approach would require the ability to verify each day at each property
throughout the entire city the display of temporary signs. This type of proactive effort
would require significant additional inspection staff and funding.
Further Discussion
Some Councilmembers expressed interest in adjusting the temporary sign regulations
(such as extending the time limits in residential neighborhoods). Certain changes could
be explored while maintaining the overall framework of the sign code, if desired by
Council. If Council would like to adjust the overall approach or amount of staff time
dedicated to sign code enforcement, additional staffing would be necessary.
CC: Rebecca Everette, Planning Manager