HomeMy WebLinkAbout008 - 02/15/1994 - AMENDING CITY CODE RELATING TO SIGN REGULATIONS ORDINANCE NO. 8, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 29 OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO
SIGN REGULATIONS
WHEREAS, in 1971, the City Council adopted the City's first comprehensive
sign code, which is presently contained in Chapter 29 of the City Code; and
WHEREAS, in 1990, an audit of the Land Development Guidance System
identified the need to address certain issues which have arisen with regard to
the provisions of the sign code; and
WHEREAS, in response to said audit, City staff has undertaken a
comprehensive, two-phase review of the sign code; and
WHEREAS, the first phase of this review resulted in City Council 's adoption
of Ordinance No. 141, 1992, which made certain changes to the Code and to the
provisions of the Land Development Guidance System with regard to signage in the
"Residential Neighborhood Signage District"; and
WHEREAS, having completed the second phase of this review, City staff is
recommending certain additional changes to the sign code, which changes have been
reviewed by the City's Planning and Zoning Board and recommended for approval ;
and
WHEREAS, the City Council believes that those changes to the sign code
dealing with on-premise signs which have been recommended by City staff and the
Planning and Zoning Board should be adopted by the Council so as to better
protect the aesthetic interests of the citizens of the City; and
WHEREAS, City staff has proposed two alternative revisions to the sign code
dealing with off-premise signs; and
WHEREAS, the City Council believes that off-premise signs negatively affect
the aesthetic appearance of the City as a whole and may endanger the public
safety by causing undue confusion and distraction among motorists when
interspersed with on-premise signs; and
WHEREAS, the City Council recognizes that ideological and political off-
premise signs are entitled to a higher level of First Amendment protection under
the Colorado and United States Constitutions than commercial signs and
billboards; and
WHEREAS, for the foregoing reasons, the City Council believes it to be in
the best interests of the City to prohibit the construction of additional off-
premise signs in the City, with the exception of ideological and political signs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the definitions of Flush wall sign, Ground sign and
Portable sign, as contained in Section 29-1 of the Code of the City, are hereby
amended to read as follows:
Sec. 29-1. Derinitions.
Flush wall sign shall mean any sign attached to, painted on or
erected against the wall of a building in such a manner that the
sign face is parallel to the plane of the wall and is wholly
supported by the wall . Banners, canvas or any other similar
material may be used for this type of sign only if the material is
securely attached directly to the building fascia or to a rigid sign
structure in a manner which prevents the material from flapping,
waving or otherwise moving.
Ground sign shall mean a type of freestanding sign which is
erected on the ground and which contains no more than twenty (20)
percent total free air space. Free air space shall mean any open
area between the top of the sign and the ground, vertically, and
between the extreme horizontal limits of the sign extended
perpendicular to the ground.
Portable sign shall mean: (1) a sign which is not permanently
affixed or attached to the ground or to any structure, or (2) any
outdoor display of a product, merchandise or material which, by
reason of its location or manner of display, is intended primarily
to attract attention to the product, merchandise or material , or the
premises upon which it is situated.
Section 2. That Section 29-1 of the Code of the City is hereby further
amended by the addition of the following new definitions, in alphabetical order,
to read as follows:
Sec. 29-1. Definitions.
Individual letter sign is a type of flush wall sign consisting of
individual letters, incised letters, script or symbols with no
background material other than the wall of the building to which the
letters, script or symbols are affixed. If the individual sections
of an individual letter sign are connected by a common structure,
commonly known as a "raceway," which provides for the electrical
and/or mechanical operation of said sign, the "raceway" must be
painted to match the color of the building or other structure to
which the sign is mounted and must be limited to a height of no more
than one-half (1/2) of the height of the tallest letter.
Sign side shall mean the combination of all faces or modules of
a freestanding or ground sign which can be viewed from a single
direction, except when such sign faces or modules are separated by
an angle of more than two hundred seventy degrees (270" ) .
Section 3. That the definition of Signs, as contained in Section 29-1 of
the-Code-of the-City, i s hereby amended by the-addi t ion of the- fol lowing 1 anguage-
to the first paragraph and subparagraph (8) of said definition and by the
addition of two new subparagraphs (13) and (14) , to read as follows:
Sec. 29-1. Definitions.
Signs shall include any writing (including letter, work or
numeral ) , pictorial representation (including illustration or
declaration) , product, form (including shapes resembling any human,
animal or product form) , emblem (including any device, symbol ,
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trademark, ot,,,ect or design which conveys a recognizable meaning,
identity or distinction) or any other figure of similar character
which 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, which 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 signs shall
not include the following: . . .
(8) On-site traffic directional signs which do not exceed
four (4) sauare feet per face or ten (10)_ feet in height
and which do not carry a commercial message other than
identification. The minimum horizontal distance between
such signs shall be fifteen (15) feet, except for signs
designating the purpose for which parking stalls may be
used, such as for handicap parking, compact cars, etc. ; .
(13) Products, merchandise or other materials which 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
(14) A sign which has been found by the Landmark Preservation
Commission to have been an integral part of a building
designated as a historic landmark, and is a contributing
feature of the historic character of such building.
Section 4. That Section 29-563 of the Code of the City is hereby amended
so as to read in its entirety as follows:
Sec. 29-563. Nonconforming signs.
(a) Existing signs which were erected without a permit and
which, although legally permissible at the time they were erected,
have become nonconforming because of subsequent amendments to this
sign code must be brought into conformance with the provisions of
this Article, as amended, within ninety (90) days of the effective
date of the amendment which caused the nonconformity.
(b) Existing on-premise signs for which a sign permit was issued
pursuant to the previous provisions of this Code, and which have
become nonconforming because of subsequent amendments to said Code,
shall be brought into conformance with the provisions of this
Article within fifteen (15) years from the date of the amendment
which caused the nonconformity; provided, however, that during said
fifteen (15) year period of amortization, such signs shall be
maintained in good condition and no such sign shall be:
(1) structurally changed to another nonconforming sign,
although its content may be changed;
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(2) si,,•ucturally altered in order to prcnong the life of the
sign, except to meet safety requirements;
(3) altered so as to increase the degree of nonconformity of
the sign;
(4) enlarged;
(5) continued in use if a change of use occurs as defined in
the zoning ordinance; or
(6) re-established after damage or destruction if the
estimated cost of reconstruction exceeds fifty (50)
percent of the appraised replacement cost.
(c) 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 five (5) years after the effective date
of sku;h- annexat-ion; provided,_ however, that during_ said five_ year
(5) amortization period, such signs shall be maintained in good
condition and shall be subject to the same limitations contained in
subparagraph (b) (1) through (6) above. This subsection shall not
apply to off-premise signs which are within the ambit of the just
compensation provisions of the Federal Highway Beautification Act
and the Colorado Outdoor Advertising Act.
(d) 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 after
November 28, 1971, shall be made so that such flashing, moving,
blinking, chasing or other animation effects shall cease within
sixty (60) days after such annexation or sixty (60) days after the
effective date of the ordinance from which this subsection was
derived, whichever occurs later.
Section 5. That Section 29-591 of the Code of the City is hereby amended
by amending subsections (4) (a) , (5) , (6) so as to read in the following manner
an& by the aft'Li-aw oar a grew subsec M orr (i i), ttr read- ays fui i ovs:-
Sec. 29-591. Limitations for residential districts and uses.
(4) a. The maximum size for identification signs shall
be sixty-four (64) square feet in area per face;
(5) One (1) identification sign per public or semipublic
use, provided such sign does not exceed thirty-five (35)
square feet in area per face, eight (8) feet in height
and has only indirect illumination;
(6) One (1) identification sign per entrance to the property
identifying a subdivision or housing project, provided
that such sign does not exceed thirty-five (35) square
feet in area per face, six (6) feet in height and has
only direct illumination. When such signs are placed on
subdivision entry wall structures, only the sign face
shall be used to calculate the size of the sign; . . .
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(11) One identification sign per licensed home occupation
with lot frontage on an arterial street, provided that
such sign does not exceed four (4) square feet in area
per face.
Section 6. That Section 29-593(3) of the Code of the City is hereby
amended to read as follows:
Sec. 29-593. General limitations for nonresidential districts and
uses.
(3) One (1) for sale or for rent sign per lot, provided such
sign does not exceed sixteen (16) square feet in area
per face.
Section 7. That Section 29-593(5) (c) of the Code of the City is hereby
repealed, with the existing Section 29-593(5) (d) to be relettered as Section 29-
593(5)(c), and a new subparagraph 29-593(5)(d) to be added as follows:
Sec. 29-593. General limitations for nonresidential districts and-
uses.
d. In no event shall more than three (3) street or building
frontages be used as the basis for calculating the total
sign allowance as permitted in sub-sections (5) a.- c.
above, inclusive.
Section 8. That the last sentence of Section 29-593(6) of the Code of the
City is hereby amended to read as follows:
Sec. 29-593. General limitations for nonresidential districts and
uses.
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 (1) building or street frontage may contain more
sign area than one hundred (100) percent of the sign area provided
for by (5) a.- d. above, inclusive.
Section 9. That Section 29-594 of the Code of the City is hereby repealed
in its entirety and reenacted to read as follows:
Sec. 29-594. Measurement of signs.
(a) The area of signs with regular geometric shapes shall be
measured using standard mathematical formulas. Regular geometric
shapes shall include, but not be limited to, squares, rectangles,
triangles, parallelograms, circles, ellipses or combinations
thereof.
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(b) The area of signs with irregular shapes or of individual
letter signs shall be the entire area within a single continuous
perimeter of not more than eight (8) straight lines enclosing the
extreme limits of the sign.
(c) The total measured area of a sign shall include the area of
all writing, representation, lines, emblems or figures contained
within all modules, together with any air space, material or color
forming an integral part or background of the display if used to
differentiate such sign from the backdrop or structure against which
it is placed.
(d) The total surface area of all sign faces shall be counted
and considered to be part of the maximum total sign area allowance.
(e) The area of all freestanding and ground signs shall include
the area of the sign face(s) as calculated in subsections a. - d.
Above, together with any portion of the sign structure which exceeds
one and one-half (1 1/2) times the area of the sign face(s) .
Section 10. That the last sentence of Section 29-595(a) of the Code of the
City is hereby amended to read as follows:
Sec. 29-595. Freestanding and ground sign requirement.
In addition, freestanding and ground signs shall not be
located closer to the right-of-way line than allowed in subparagraph
(c) of this Section.
Section 11 . That Sections 29-595(c) and (d) of the Code of the City are
hereby amended to read as follows:
Sec. 29-595. Freestanding and ground sign requirement.
(c) Ground and freestanding signs shall comply with the following
requirements with respect to size, height and location:
REQUIREMENTS FOR FREESTANDING SIGNS
Distance from street Maximum height Maximum size
right-of-way line above grade allowed per side
(feet) (feet) (square feet)
0 10 20
5 10 30
10 12 40
15 12 50
20 14 60
25 16 70
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30 18 80
35 and more 18 90
REQUIREMENTS FOR GROUND SIGNS
Distance from street Maximum height Maximum size
right-of-.way 7-ine abav, gra& al-1owe& per side-
(feet) (feet) (square feet)
0 7 45
5 8.5 60
10 10 75
15 and more 12 90
(d) The maximum size for ground and freestanding signs shall be
ninety (90)- square feet per side. The maximum height for
freestanding signs shall be eighteen (18) feet above grade. The
maximum height for ground signs shall be twelve (12) feet above
grade. No freestanding or ground sign shall be built within fifteen
feet of any interior side lot line. The minimum horizontal distance
between freestanding or ground signs located on the same lot shall
be seventy-five (75) feet.
Section 12. That Sections 29-595(e) through (g) of the Code of the City
are hereby repealed in their entirety and reenacted to read as follows:
Sec. 29-595. Freestanding and ground sign requirement.
(e) The maximum combined sign area of all faces of a
freestanding or ground sign shale be two (1) times the maximum sign
area allowed per side, based on setback. Any limitation imposed
under this Article on the size of the face of a sign shall also
apply to the entire side of the sign.
(f) The required setback of any freestanding or ground sign
shall be measured from the street right-of-way line of the street
frontage which is the basis for the allotment of such sign. Any
such setback shall be measured perpendicularly from the street
right-of-way line to the nearest portion of the sign face or
structure.
(g) When a freestanding or ground sign is placed on a lot with
two (2) or more street frontages, such sign shall be said to be
adjacent to a particular street frontage when it is located closer
to that street frontage than any other street frontage.
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Section 13. That Section 29-595 of the Code of the City is hereby amended
by the addition of subparagraphs (i) through (k) , to read as follows:
Sec. 29-595. Freestanding and ground sign requirement.
(i) If a lot has more than one (1) street frontage, the
freestanding or ground sign permitted for each frontage must be
located adjacent to the street frontage which is the basis for the
allotment of such sign.
(j) The sign face of a single face sign must be most nearly
parallel to the street frontage to which it is adjacent. The sign
faces of a multi-face sign must be most nearly perpendicular to the
street frontage to which they are adjacent. .
(k) A drive-in restaurant, when located on a lot with frontage
on only one (1) street, shall be permitted one (1) additional
freestanding or ground sign for the sole purpose of a menu board for
the drive-thru customers. Such sign shall not exceed five (5) feet
in height, thirty-five (35) square feet in area and shall be limited
to one (1) face. Fifty (50) percent of the square footage of such
sign shall be exempted from the- total al lowed for the- property.
(1) All supporting structures of ground signs shall be of the
same or similar materials or colors of the associated building(s)
which house the businesses or activities advertised on the sign.
Section 14. That Section 29-596(b) of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 29-596. Projecting signs.
(b) No sign may project over a public right-of-way in any
district, except that signs eight (8) feet or more above grade may
project up to forty-eight (48) inches from the face of the building
if the total area for such signs is the lesser of one (1) square
foot of sign for each linear foot of building twelve (12) square
feet per face.
Section 15. That Section 29-596.1 is hereby enacted to read as follows:
Sec. 29-596.1 Flush wall signs.
No flush wall or individual letter sign shall exceed seven (7)
feet in height. Flush wall and individual letter signs may not
project more than twelve (12) inches horizontally from the face of
the building on which they are erected. Flush wall and individual
letter signs which are mounted on mansards or other similar
architectural features may not project more than twelve (12) inches
horizontally, measured at the bottom of the sign, from the surface
to which they are mounted.
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Section 16. That Section 29-593.1(13) of the Code of the City is hereby
repealed and the language contained therein added to Section 29-598 as paragraph
(b), to read as follows:
Sec. 29-598. Awning signs.
(a)- No awning sign shall projectabove the- top- of the- awning- on
which it is mounted. No awning sign shall project from the face of
an awning. Awnings on which awning signs are mounted may extend
over a public right-of-way no more than seven (7) feet from the face
of a supporting building. Awnings on which awning signs are mounted
shall be at least eight (8) feet above any public right-of-way,
except that any valance attached to an awning may be no less that
seven (7) feet above a public right-of-way.
(b) Awning signs shall not be back-lit, except for individual
letters and business logos. The amount of signage on an awning
shall be limited to the lesser of thirty-five (35) square feet per
individual tenant space or twenty-five (25) percent of the total
area of the awning. Awning signs shall not be allowed above the
first story of a building.
Section 17. That Section 29-600(c) of the Code of the City is hereby
amended to read as follows:
Sec. 29-600. Electrical signs.
(c) 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.
Section 18. That Section 29-602(a) of the Code of the City is hereby
amended to read as follows:
Sec. 29-602. Structural requirements, exceptions.
(a) All signs shall be maintained in good structural condition
at all times. All signs, including sign structures and sign faces,
shall be kept neatly painted, including all metal parts and supports
that are not galvanized or of rust-resistant metals, and in a
general state of good repair. For the purposes of this Section,
good repair shall mean that there are no loose, broken or severely
weathered portions of the sign structure or sign face. The Building
Permits and Inspections Administrator shall inspect and shall have
authority to order the painting, repair, alteration or removal of a
sign which constitutes a hazard to safety, health or public welfare
by reason of inadequate maintenance, dilapidation or obsolescence.
Section 19. That Section 29-603 is hereby repealed in its entirety and
reenacted to read as follows:
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Sec. 29-603. Off-premise signs.
No off-premise sign (except an ideological or election sign)
shall be constructed in any district after February 25, 1994. No
illumination shall be added to any off-premise sign already in
existence.
Section 20. That Section 29-605 is hereby enacted to read as follows:
Sec. 29-605. Discontinued establishments - removal of sign(s).
Whenever a business, industry, service or other use is
discontinued, the sign(s) pertaining to the use shall be removed or
obscured by the person or entity owning or having possession of the
property within ninety (90) days after the discontinuance of such
use.
Section 21 . That Section 29-607 is hereby enacted to read as follows:
Sec. 29-607. Window Signs.
(a) Nonilluminated window signs of no more than six (6) square
feet are exempt from permit requirements when the total area of all
window signs fills less than twenty-five (25) percent of the area of
the architecturally distinct window in which they are situated, or
when the total area of all window signs does not exceed twenty-five
(25) percent of the total allowable sign area for the premises.
(b) Illuminated window signs, regardless of size, require a sign
permit, and the area of such signs shall be calculated as part of,
and be limited by, the total allowable sign area for the
premises.
(c) The area of window signs not exempt from permit requirements
shall be calculated as a part of, and be limited by, the total
allowable sign area for the premises.
(d) Notwithstanding any other provision to the contrary, the
maximum total area of all window signs in an architecturally
distinct window shall not exceed eighty (80) square feet, nor shall
window signs cover more than fifty (50) percent of the area of the
window in which they are located.
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Introduced, considered favorably on first reading, and ordered published
this 18th day of January, A.D. 1994, and to be presented for final passa a on the
15th day of February, A.D. 1994.
yor
ATTEST:
�dmL.
City Clerk
Passed and adopted on final reading this 15th day of uary, A.D. 1994.
n
Mayor
ATTEST:
City
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