HomeMy WebLinkAbout088 - 07/18/2017 - AMENDING THE LAND USE CODE SIGN REGULATIONSORDINANCE NO. 088, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING 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 are for the
purpose of ensuring compliance 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 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
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:
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
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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; 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 amended to read as
follows:
3.8.7 Signs.
3.8.7.1 Permanent Signs
A) General.
1) Signs Permitted. Permanent signs shall be permitted in the various zone
districts as accessory uses in accordance with the regulations contained in
this Section. The regulations contained in this.Section 3.8.7.1 apply to
permanent signs while temporary signs are regulated under Section 3.8.7.2
unless specifically provided herein.
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2) Prohibited Permanent Signs. Rooftop signs and all other signs which
project above the fascia wall, portable signs, revolving and rotating signs,
inflatable signs, and wind-driven signs (except flags in compliance with
this Section 3.8.7.1) shall be prohibited in all zone districts.
3) 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 Code must be
brought into conformance with the provisions of this Section, 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 an amendment to this Code,
shall be brought into conformance with the provisions of this
Section 3.8.7.1 within the period of time specified in the ordinance
containing the amendment which causes the nonconformity. In
determining such period of time, the City Council shall consider
the length of time since the last Code change affecting that same
category of signs as well as the cost of bringing the signs into
compliance. During the period of time that the signs may remain
nonconforming, 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;
2.structurally altered in order to prolong 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 if the premises promoted by the sign
comes under new ownership or tenancy and'such sign is
proposed to be remodeled, repainted or otherwise changed
for the purpose of displaying the new name or other new
identification of the premises; or
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6.re-established after damage or destruction if the estimated
cost of reconstruction exceeds fifty (50) percent of the
appraised replacement cost.
c) Except as provided in subsection (d) 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-year period,
such signs shall be maintained in good condition and shall be
subject to the same limitations contained in subparagraphs (b)(1)
through (b)(6) above. This subsection shall not apply to off-
premises 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, and all existing portable signs,
vehicle-mounted signs, banners and pennants located on property
annexed to the City after November 28, 1971, shall be removed or
made to conform within sixty (60) days after such annexation.
B) Administration.
1) Permit Required; Exceptions.
a) The erection, remodeling, reface, or removal of any permanent
sign'shall require a permit from the Director, except that no permit
shall be required for the erection, remodeling or removal of any of
the following signs:
1.Signs that are required by law at the minimum size
required, including but not limited to address signs that are
required by the applicable Fire Code;
2.One attached sign of any type per building elevation or
entrance (whichever provides for more signs on an
elevation), provided that the sign does not exceed two
square feet in sign area;
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3. Three or fewer flags per property, or group of properties
that were planned or developed with shared pedestrian or
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vehicle access, hung separately or together from a rigid,
straight, building or ground-mounted flagpole, or flagpoles,
and where no flag exceeds 32 square feet in area;
4.Signs that are less than one square foot in sign area that'are
attached to machines, equipment, fences, gates, walls,
gasoline pumps, public telephones, utility cabinets, and
other such structures, provided that no more than two of
such signs are spaced less than 10 feet apart, or such signs
are not visible from public rights-of-way; and
5. Window signs that are less than 6 square feet.
b) 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) Permit Processing. The Director shall review the sign permit application
within two business days to determine if it is complete. If it is complete,
the Director shall approve or deny the application within three business
days after such determination. If it is incomplete, the Director shall cause,
the application to be returned to the applicant within one business day of
the determination, along with written reasons for the determination of
incompleteness.
C) Standards and Limitations.
1) Limitations for Residential Districts and Uses. Signs in the N-C-L, N-C-
M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, R-C and P-O-L
Districts may include and shall be limited to the following:
a) one (1) sign per public vehicular entry to a multi-family
development or residential subdivision, provided such sign does
not exceed thirty-five (35) square feet in area per face. or six (6)
feet in height, and has only indirect 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;
b) one (1) detached or attached sign per nonresidential-use, provided
such sign does not exceed thirty-five (35) square feet in area per
face. or eight (8) feet in height (for detached signs), and has only
indirect illumination;
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c) one (1) detached or attached sign per single-family or duplex
building with lot frontage on an arterial street, provided that such
sign does not exceed four (4) square feet in area per face- or five
5) feet in height, and has no illumination.
D) General Limitations for Nonresidential Districts and Uses. Signs in the D, R-D-
R, C-C, C-C-N, C-C-R, C-G, C-S, N-C, C-L, H-C, E and I districts, or for any
institutional/civic/public, business, commercial or industrial use in a mixed-use
district shall be limited to the following:
1) such signs as are permitted in the R-L District;
2) one (1) flag larger than.thirty-two (32) square feet in area and within the
permitted sign area allowance for the property, provided no other flags are
displayed;
3) flush wall signs, projecting wall signs, window signs, freestanding signs
and ground signs, provided that the placement and use of all such signs
shall be governed by and shall be within the following limitations:
a) For the first two hundred (200) feet in building frontage length, the
maximum sign area permitted shall be equal to two (2) square feet
of sign area for each linear foot of building frontage length.
b) For that portion of a building frontage which exceeds two hundred
200) feet in length, the maximum sign area permitted shall be
equal to one (1) square foot of sign area for each linear foot of
building frontage length over such two hundred (200) feet. The
sign area permitted hereunder shall be in addition to the sign area
permitted under(3)(a) above.
c) In no event shall the total sign allowance for any property be less
than one (1) square foot of sign allowance for each linear foot of
lot frontage.
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 subsections (3)(a) and (3)(c) above', inclusive.
e) 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.
4) For the purpose of this Section, the sign allowance shall be calculated on
the basis of the length of the one (1) building frontage which is most
nearly parallel to the street it faces. If a building does not have frontage on
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a dedicated public street, the owner of the building may designate the one
1) building frontage which shall be used for the purpose of calculating the
sign allowance. If the only building frontage which fronts on a dedicated
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 Article may
be placed on frontage other than the building fascia which was the basis
for the sign allowance calculation. 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 (3)(a) through (3)(c) above, inclusive.
5) In addition to the sign allowance calculation described in paragraph (4)
above, a building located in the Downtown (D) Zone District that abuts an
alley which has been improved pursuant to the Downtown Development
Authority's Alley Enhancement Project may be allowed one (1) flush wall,
sign not to exceed six (6) square feet, or one (1) projecting wall sign not to
exceed six (6) square feet per side, on the rear wall of such building,
provided that a public entrance to the building exists in said wall.
E) Limitations for Nonresidential Districts and Nonresidential Uses in the
Residential Neighborhood Sign District. There is hereby established a
Residential Neighborhood Sign District" for the purpose of regulating signs for
nonresidential uses in certain geographical areas of the City which may be
particularly affected by such signs because of their predominantly residential use
and character. The boundaries of the 'Residential Neighborhood Sign District"
shall be shown on a map which shall be maintained in the office of the City Clerk.
Any amendments to this map shall be made in the same manner as amendments to
the Zoning Map of the City, as provided in Article 2. The following provisions
shall only apply to project development plans proposed in the Neighborhood
Commercial Districts and neighborhood service centers, convenience shopping
centers, business service uses and auto-related and roadside commercial uses in
the 'Residential Neighborhood Sign District" which are developed on or after
January 15, 1993. In addition, all such provisions, except paragraphs (14) and (15)
below, shall apply to signs in neighborhood service centers, neighborhood
commercial districts, convenience shopping centers, business service uses and
auto-related and roadside commercial uses in the "Residential Neighborhood Sign
District" which were developed prior to the effective date of this Code, whenever
such signs are erected or remodeled pursuant to a permit after January 15, 1993.
1) Signs regulated under this Section shall .generally conform to the other
requirements of this Section, except that when any of the following
limitations are applicable to a particular sign, the more restrictive
limitation shall apply.
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2) Signs regulated under this Section shall also conform to any locational
requirements imposed by the decision maker as a condition of the
approval of the development plan.
3) No sign shall project more than twelve (12) inches beyond the building
fascia. Under-canopy signs which are perpendicular to the face of the
building shall be exempted from this requirement, except that they shall be
limited to four (4) square feet in area per face.
4) Freestanding or ground , signs shall comply with the following
requirements with respect to size, number and height:
Maximum area per Maximum number
sign face (sf. = of signs permitted
Use square feet) per street frontage Maximum height
All Institutional, Business
and Commercial Uses Not
Primary- 32 s-f. Primary- 1 Primary - 5 ft.Otherwise Specified in this
Table
Convenience Shopping
Primary- 40 s-f. Primary- 1 Primary - 8 ft.Center
Neighborhood Service
Center,Primary- 55 s.f. Primary - 1 Primary - 10 ft.
Neighborhood Commercial Secondary- 32 s-f. Secondary 1 Secondary - 6 ft.
District
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5) Freestanding signs shall be permitted only if constructed with a supporting
sign structure, the width of which exceeds seventy (70) percent of the
width of the sign face. Freestanding or ground signs shall contain no more
than two (2) faces. No freestanding or ground sign shall be located less
than seventy-five (75) feet from any directly abutting property which
contains an existing or approved residential use or is zoned for residential
use. For the purposes of this subsection, the term approved shall mean
having current project development plan or final plan approval.
6) All supporting sign structures of a freestanding or ground sign shall match
the primary finish and colors of the associated building(s).
7) All signs which are greater than four (4) square feet in area, except ground
signs individual letters signs or cabinets signs wherein only the letters are
illuminated.
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8) The maximum size of flush wall cabinets or individual letters shall be as
follows:
Maximum
Use
Cabinet or
Individual Letter
Height
All Institutional, Business and Commercial
18"
Uses Not Otherwise Specified in this Table
Convenience sShopping eCenter 24"
Neighborhood sService eCenter,
30"
Neighborhood Commercial District
Any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area
shall be permitted one (1) flush wall sign with individual letters not to exceed fifty-four (54)
inches in height. The maximum cabinet height shall be fifty-four (54) inches in height.
9) If signs are illuminated, only internal illumination shall be permitted. This
requirement shall not apply to freestanding or ground signs.
10) The length of any flush wall sign for an individual tenant space shall be
limited to seventy-five (75) percent of the width of the tenant storefront,
but no sign shall exceed forty (40) feet in length; provided, however, that
any individual tenant space exceeding forty-five thousand (45,000) square
feet in floor area shall be permitted one (1) flush wall sign not exceeding
fifty-five (55) feet in length. Each tenant space shall be allowed one (1)
such flush wall sign on each exterior building wall directly abutting the
tenant space. In the event that a tenant space does not have a directly
abutting exterior wall, one (1) sign not exceeding thirty (30) square feet
may be erected on an exterior wall of the building for the purpose of
identifying that tenant space.
11) The location of any flush wall sign shall be positioned to harmonize with
the architectural character of the building(s) to which they are attached,
including, but not limited to, any 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.
12) No illuminated sign visible from or within three hundred (300) feet of any
property which contains an existing or approved residential use or is zoned
for residential use, may be illuminated between the hours of 11:00 p.m. (or
one-half [/z] hour after the use to which it is pertains is closed, whichever
is later) and 6:00 a.m.; provided, however, that this time limitation shall
not apply to any lighting which is used primarily for the protection of the
premises or for safety purposes or any signage which is separated from a
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residential use by an arterial street. For the purposes of this subsection, the
term "approved" shall mean having current project development plan or
final plan approval.
13) One (1) flush wall sign or under-canopy sign per street frontage, not to
exceed twelve (12) square feet in area, shall be permitted on or under the
fascia of a canopy covering an area used by motor vehicles (including but
not limited to service station canopies, canopies over drive-in or drive-
through facilities, etc.)
14) For the first two hundred (200) feet in building frontage length in a
neighborhood service center, the maximum sign area permitted shall be
equal to one and one-quarter (1'/a) square feet for each linear foot of
building frontage length. For that portion of a building frontage which
exceeds two hundred (200) feet in length, the maximum sign area
permitted shall be equal to two-thirds (2/3) foot for each linear foot of
building frontage length over such two hundred (200) feet.
15) For the first two hundred (200) feet in building frontage length in a
convenience shopping center, or any other business or commercial use that
is not a neighborhood service center or neighborhood commercial district,
the maximum sign area permitted shall be equal to one (1) square foot for
each linear foot of building frontage length. For that portion of a building
frontage which exceeds two hundred (200) feet in length, the maximum
sign area permitted shall be equal to one-half(I/z) foot for each linear foot
of building frontage over such two hundred (200) feet.
16) Window signs shall cover no more than twenty-five (25) percent of the
surface area of the window or door in which such signs are placed.
Temporary window signs shall not be allowed above the first story of a
building. A window sign shall be considered to be a temporary window
sign if it is displayed in the same window or door, or same approximate
location outside of a window or door, for no more than thirty (30) calendar
days within a calendar year. Changes in the message displayed on such
sign shall not affect the computation of the thirty-day period of time
provided for herein.
G) Freestanding and Ground Sign Requirement.
1) Ground signs which exceed forty-two (42) inches in height, and
freestanding signs which do not maintain free air space between a height
of forty-two (42) inches and seventy-two (72) inches above the abutting
street elevation, shall be set back from the right-of-way line a distance as
established in the sight distance triangle table,contained in this subsection.
A freestanding sign shall not be construed to have free air space if such
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sign has a base, the width of which exceeds fifty (50) percent of the width
of its face or three (3) feet, whichever is smaller. In addition, freestanding
and ground signs shall not be located closer to the right-of-way line than
allowed in the tables below that apply to such signs.
Sight Distance Triangle Setbacks (See Figure 16)
Type of street Y distances (feet) X distances (feet) Safe sight distance (feet)
Right 135
Arterial 15 500
Left 270
Collector
Right 120
15 400 I
Left 220
Right 100
Local 15 300
Left 150
r
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Figure 16
Sight Distance Triangle Setbacks
Note: All "X" distances shall be fifteen (15) feet measured perpendicular from the project
flowline of the intersecting street. For explanation of distances, see the following diagram. 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.
Sight Distance Sight Distance
LEFT RIGHT
Sight Line Sight Line—
Y
X
T'Rigth of Way Line SIGN SIGN
Pace of Curb or
e of PavementSightDistanceTriangleg
DRIVER j
Requirements for Freestanding Signs
See Accompanying Text Below)
Distance from street Maximum height Maximum size allowed
right-of-way line (feet) above grade (feet) per side (square feet)
0 10 20
5 10 30
J 10 12 40
15 12 50
20 14 60
25 16 70
30 18 80
36 and more 18 90
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Requirements for Ground Signs
See Accompanying Text Below)
Distance from street Maximum height Maximum size allowed
right-of-way line (feet) above grade(feet) per side (square feet)
1 0 7 45
5 8.5 60
10 10 75
15 and more 12 90
2) 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 (15) 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.
3) The maximum combined sign area of all faces of a freestanding or ground
sign shall be two (2) 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.
4) 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.
5) When a freestanding or ground sign is placed on a lot with two (2) or more
street frontages, such sign shall be said to abut a particular street frontage
when it is located closer to that street frontage than any other street
frontage.
6) No more than one (1) permanent freestanding or ground sign per street
frontage shall be permitted for any property or group of properties that
were planned or developed with shared pedestrian or vehicle access. No
permanent freestanding or ground sign shall contain more than three (3)
cabinets or modules.
7) If a lot has more than one (1) street frontage, the freestanding or ground
sign permitted for each frontage must abut the street frontage which is the
basis for the allotment of such sign.
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8) The sign face of a single face sign must be most nearly parallel to the
abutting street frontage. The sign faces of a multi-face sign must be most
nearly perpendicular to the abutting street frontage.
9) A drive through use, when located on a lot with frontage on only one (1)
street, shall be permitted one (1) additional freestanding or ground that is
physically oriented to the drive through lane. Such sign shall not exceed
five (5) feet in height and 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 allowed for the property.
10) A drive-in use shall be permitted up to eight (8) square feet of signage at
each drive-in station (including but not limited to menu boards, signs
affixed to gasoline pumps, etc.), provided that the sign is physically
oriented to the drive-in station. The square footage of such sign shall be
exempted from the total allowed for the property.
11) 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.
12) When electrical service is provided"to freestanding signs or ground signs,
all such electrical service shall be underground.
13) Freestanding signs (pole signs) shall contain no more than thirty (30)
percent (forty [40] percent if located within the site distance triangle as
described in paragraph 3.8.7.1(G)(1) above) free air space between the top
of the sign and the ground, vertically and between the extreme horizontal
limits of the sign extended perpendicular to the ground. A base or pole
cover provided to satisfy this requirement shall be integrally designed as
part of the sign by use of such things as color, material and texture.
Freestanding signs that existed prior to December 30, 2011, and that do
not comply with this regulation shall be removed or brought into
compliance by December 31, 2019, provided that such signs otherwise
comply with subparagraph (A)(3)(b) of this Section.
H) Projecting Signs.
1 Signs projecting over private property shall not project more than six 6gPjgPPPYPj
feet from the face of the building or beyond the minimum required
building setback for the zone district in which located. Such signs shall not
exceed fifteen (15) square-feet per face.
2) No sign may project over a public right-of-way in any zone 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
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the lesser of one (1) square foot of sign for each linear foot of building or
twelve (12) square feet per face.
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3) No projecting sign shall exceed 7 feet in height.
I) Flush Wall Signs and Individual Letter 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 that are
mounted on mansards or 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. 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 wall to which the
sign is mounted and must be limited to a height of no more than one-half ('/2) of
the height of the tallest letter.
K) Awning Signs.
1) No awning sign shall project above 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 than seven (7) feet above a public
right-of-way.
2) Awning signs shall not be back-lit, except that letters and graphics may be
back-lit if the background is completely opaque. 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.
L) Repealed as of August 25, 2017
M) Electrical Signs and Electronic Message Center Signs.
1) Flashing, moving, blinking, chasing or other animation effects shall be
prohibited on all signs.
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2) illuminated signs shall avoid the concentration of illumination. The
intensity of the light source shall not produce glare, the effect of which
constitutes a traffic hazard or is otherwise detrimental to the public health,
safety or welfare.
3) Every electric sign shall have affixed thereon an approved Underwriters'
Laboratories label, and all wiring connected to such sign shall comply
with all provisions of the National Electrical Code, as adopted by the City.
4) Signs that contain an electronic message center shall be subject to the
following limitations.
a) The electronic message center must be programmed so that the
displayed message does not change more frequently than once per
minute and so that the message change from one (1) static display
to another occurs instantaneously without the use of scrolling,
flashing, fading or other similar effects. The message or image
displayed must be complete in itself without continuation in
content to the next message. Messages published by federal, state,
or local government to communicate information to the public
regarding an immediate threat to public health safety may be
displayed notwithstanding the limitations set forth in this
subsection (4)(a).
b) The electronic message center must be provided with automatic
dimming' software or solar sensors to control brightness for
nighttime viewing and variations in ambient light. Lighting from
the message center shall not exceed three-tenths (0.3) foot-candles
over the ambient light as measured using a foot-candle meter at the
following distances from the face of the message center: thirty-two
32) feet for a sign face greater than zero (0) square feet and not
more than ten (10) square feet per side; thirty-nine (39) feet fora
sign face greater than ten (10) square feet and not more than fifteen
15) square feet per side; forty-five (45) feet for a sign face greater
than fifteen (15) square feet and not more than twenty (20) square
feet per side; fifty (50) feet for a sign face greater than twenty (20)
square feet and not more than twenty-five (25) square feet per side;
fifty-five (55) feet for a sign face greater than twenty-five (25)
square feet and not more than thirty (30) square feet per side; fifty-
nine (59) feet for a sign face greater than thirty (30) square feet and
not more than thirty-five (35) square feet per side; sixty-three (63)
feet for a sign face greater than thirty-five (35) square feet and not
more than forty (40) square feet per side; and sixty-three (63) feet
for a sign face greater than forty (40) square feet and not more than
forty-five (45) square feet per side. Lighting measurements shall be
taken with the meter aimed directly at the message center face,
16-
with the message center turned off, and again with the message
center turned on to a full white image for a message center capable
of displaying a white color, or a full amber or red image for a
message center capable of displaying only an amber or red color.
The difference between the off and the white, amber or red
message measurements shall not exceed three-tenths (0.3) foot-
candles. All such signs shall contain a default mechanism that will
cause the message center to revert immediately to a black screen if
the sign malfunctions.
Prior to the issuance of a permit for a sign containing an electronic
message center, the permit applicant shall provide written
certification from the sign manufacturer that the light intensity has
been factory pre-set not to exceed the levels specified above. Prior
to acceptance of the installation by the City, the permit holder shall
schedule and inspection with the City Zoning Department to verify
compliance. The permit holder and the business owner, business
manager or property manager shall be in attendance during the
inspection.
c) A displayed message must be presented in a single color, value and
hue and the background must also be a single color, value and hue.
d) The maximum allowed size of an electronic message center shall
be fifty percent (50%) of the total area of the sign face.
e) Electronic message centers shall be integrated harmoniously into
the design of the larger sign face and structure, shall not be the
predominant element of the sign, shall not be allowed on a
freestanding pole sign, and if located at the top of the sign, must
include a substantial cap feature above the electronic message
center which consists of the same material, form, color or texture
as is found on the sign face or structure.
f) With respect to sign permits issued after December 30, 2011, the
pixel spacing of an electronic message center shall not exceed
sixteen (16) rum, except that the maximum pixel spacing for a
message center that is manufactured as a monochrome-only sign
shall not exceed twenty (20) mm.
g) In the 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.
h) With respect to sign permits issued after December 30, 2011, no
more than one (1) electronic message center sign shall be allowed
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to face each street abutting or within any property and/or site
specific development plan. The minimum horizontal distance
between electronic message center signs located on the same side
of a street shall be one hundred (100) feet measured in a straight
line.
i) An electronic message center located inside a building but visible
from a public sidewalk or public street is subject to all of the
regulations contained in this subsection.
j) Signs that contain an electronic message center which do not
comply with the provisions of this Section shall be removed or
made to conform by the dates specified in subparagraphs 1., 2. and
3. below and provided that such signs otherwise comply with
subparagraph 3.8.7.1(A)(3)(b).
1.Electronic message centers that contain dimming software
or solar sensors capable of meeting the brightness levels
described in subparagraph 3.8.7.1(M)(4)(b) shall be
required to comply .with such levels by January 31, 2012,
and all electronic message centers located inside a buildingand
not visible from a public sidewalk or public street shall
be required to comply with paragraph 3.8.7.1(M)(1) and
subparagraphs 3.8.7.1(M)(4)(a) and (c) by January 31,
2012.
2. Except as otherwise required in subparagraph (j)l. above,
all signs that do not comply with the requirements of
subparagraphs 3.8.7.1(M)(4)(a), (b) and/or (c) shall be
made to comply with those requirements by December 31,
2015.
3.Structural changes or sign removal that may be required in
order to comply with the requirements of subparagraphs
3.8.7.1(M)(4)(d), (e) and/or (g) shall be completed by
December 31, 2019.
N) Repealed as of August 25, 2017
0) Structural Requirements; Exceptions.
1) 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
18-
severely weathered portions of the sign structure or sign face. The Director
may inspect any sign governed by this Division 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.
2) Permanent signs shall be engineered to withstand a wind load of thirty
30) pounds per square foot.
P) Off-Premise Signs. No off-premise. sign shall be constructed in any zone district
after February 25, 1994. No illumination shall be added to any off-premise sign
already in existence.
Q) Vehicle-Mounted Signs.
5) Banners displayed on vehicles shall be subject to the regulations contained
in Section 3.8.7.2.
R) Removal of Abandoned Sign(s). Abandoned sign(s) shall be removed by the
person or entity owning or having possession of the property.
Section 3. That Article 3 of the Land Use Code is hereby amended by the addition of
a new Section 3.8.7.2 which reads in its entirety as follows:
3.8.7.2—Temporary Signs'
A) Applicability. The regulations contained in this Section 3.8.7.2 apply to
temporary signs while permanent signs are regulated under Land Use Code
Section 3.8.7.1 unless specifically provided herein.
B) Measurements.
1) Sign Area.
a) Generally. In general, sign area is the area within a continuous
polygon with up to eight 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.
19-
f
b) 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.
c), 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 opposite
faces on the same plane, only one of the sign faces is measured).
2) Sign Height. Sign height is measured for detached temporary signs as the
distance between ground level at the base of the sign and the top of the
sign or sign structure, whichever is higher.
3) Property Frontage. Property frontage is measured as the length of each
property boundary that abuts a public street right-of-way.
C) Prohibited Signs and Sign Elements.
1) Generally. The prohibitions in this Section apply to temporary signs in all
zone districts of the City.
2) Prohibited Sign Structures. The following sign structures are not allowed:
a) portable signs, except as permitted in the Code of the City of Fort
Collins Chapter 24, Article IV;
b) wind-driven signs except feather flags, banners, and pennants in
compliance with this Section 3.8.7.2;
c) inflatable signs;
d) abandoned signs;
3) Prohibited Design Elements. The following elements shall not be
incorporated as an element of any sign or sign structure:
a) animated or moving parts, including any. moving, swinging,
rotating, or spinning parts or flashing, blinking, scintillating,
fluctuating, or otherwise animated light; except as expressly
allowed in this Section 3.8.7.2;
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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
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.
e) stacked products (e.g., tires, soft drink cases, bagged soil or mulch)
that are placed in unapproved outdoor storage locations;
21-
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. This prohibition does
not include retroreflective materials that comply with the standards
set forth in the Manual on Uniform Traffic Control Devices;
g) rooftop signs and all other signs which project above the fascia
wall.
4) Prohibited Obstructions. In no event shall a temporary sign obstruct the
use of:
a) building ingress or egress, including doors, egress windows, and
fire escapes;
b) operable windows (with 'regard to movement only, not
transparency);
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 temporary sign 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 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
extend not more than 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 is at least eight feet above grade; and
5. any applicable City encroachment and banner permits are
obtained.
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c) utility cabinets or pedestals (except signs that are applied by or
with the consent of the owner of the utility cabinet or pedestal).
J
6) Prohibited Locations. In addition to applicable setback requirements and
other restrictions of this Section 3.8.7.2, no sign shall be located in any of
the following locations:
a) 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:
1.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;
2.signs that are the subject of a revocable license agreement
with the City, installed and maintained in accordance with
the terms of that agreement;
3. portable signs permitted pursuant to the Code of the City of
Fort Collins, Chapter 24, Article N; or
4.signs posted by the City or jurisdiction that owns or
maintains the right-of-way.
b). within any sight distance triangle that is described in Section
3.8.7.1.
D) Temporary 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) Temporary Sign Districts Created. The following sign districts are
created: Downtown, Commercial/Industrial, Multifamily, and Single-
Family. Sign districts shall correspond to zoning districts as provided in
Table D, Temporary Sign Districts.
Table D
TEMPORARY SIGN DISTRICTS
Sign District Corresponding Zoning Districts
Downtown D; R-D-R
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Table D
TEMPORARY SIGN DISTRICTS
Sign District Corresponding Zoning Districts
Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I
Multifamily/Mixed- L-M-N; M-M-N; N-C-M; N-C-B; H-M-N; N-C
Use
Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C
E) Standards for Attached Temporary Signs.
1) Generally. The standards of this Section apply to temporary signs that are
attached to buildings. Temporary signs that are not attached to buildings
are subject to the standards of Section 3.8.7.2(F). The standards of this
Section are applied in conjunction with all other applicable standards.
Duration of display is limited by Section 3.8.7.2(G).
2) Attached Temporary Banners and Pennants. Attached temporary banners
and pennants may only be displayed provided a permit is obtained
pursuant to Section 3.8.7.2(I).
3) Temporary Sign Covers. Temporary sign covers are permitted in all sign
districts, provided that they are used during a period not to exceed 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
Section 3.8.7.1.
4) Temporary Window Signs.
a) Temporary window signs are allowed in all locations where
permanent window signs are allowed, provided that the
transparency standards of Section 3.8.7.1 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.
F) Standards for Detached Temporary Signs.
1) Generally. The standards of this Section apply to temporary signs that are
not attached to buildings. Temporary signs that are attached to buildings
are subject to the standards of Section 3.8.7.2(E). The standards of this
Section (F) are applied in conjunction with all other applicable standards
of this Section 3.8.7.2. Duration of display is limited by Section
3.8.7.2(G).
24-
2) Detached Temporary Signs. Detached temporary signs are allowed
according to the standards in Table F, Detached Temporary Signs.
Detached temporary sign types that are not listed in Table F (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
Section 3.8.7.2(I). 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 F
DETACHED TEMPORARY SIGNS
sf. = square feet/ft. =linear feet/N/A=not applicable)
Type of Sign Sign District
Standards Commercial- Multifamily/Mixed
Downtown Industrial Use Single-Family
Yard Signs
Max. # Single-Family and Single-Family and Single-Family and Residential
Duplex Duplex.Duplex Residential Buildings: Not
Residential Residential Buildings: Not limited
Buildings: Not Buildings: Not Limited
Limited Limited Nonresidential and
Multi-Family Residential Mixed
Multi-Family All other uses:Residential Use Buildings: 1
Residential 2 per vehicular Buildings: 1 per 20 per 80 ft. of
Buildings: l per access point ft. of property property frontage
20 ft. of property frontage or fraction or fraction thereof
frontage or thereof
fraction thereof
Nonresidential and
Nonresidential and Residential Mixed
Residential Mixed Use Buildings: 1 per
Use Buildings: 1 80 ft. of property
per 80 ft. of frontage or fraction
property frontage thereof
or fraction thereof
Max. Sign Area 6 sf. 8 sf. 8 sf.6 sf.
per sign)
Max. Sign Height 4 ft. 4 ft. 4 ft.4 ft.
Allowed Lighting None None None None
Setbacks and 2 ft. from property 2 ft. from property 2 ft. from property 2 ft. from property
Spacing lines; 2 ft. from all lines; 2 ft. from all lines; 2 ft. from all lines; 2 ft. from all
other signs other signs other signs other signs
25-
Table F
DETACHED TEMPORARY SIGNS
sf. =square feet/ft. =linear feet/N/A= not applicable)
Type of Sign Sign District
Standards Commercial- Multifamily/Mixed
Downtown Industrial Use Single-Family
Other Standards Must be installed Must be installed Must be installed in Must be installed
in permeable in permeable permeable in permeable
landscaped area. landscaped area landscaped area that landscaped area
that is at least 8 sf. is at least 8 sf. in that is at least 8 sf.
in area and 2 ft. in area and 2 ft. in any in area and 2 ft. in
any horizontal horizontal any horizontal
dimension, not dimension dimension
more than 10 ft.
from vehicular
access point
Site Signs
Max. # Residential 1 per 600 ft. of 1 per 600 ft. of 1 per 600 ft. of
Buildings: property frontage property frontage or property frontage
Not Limited or fraction thereof fraction thereof, or fraction thereof,
provided that the provided that the
Nonresidential and area of the property area of the
Residential Mixed is at least 2 acres; property is at least
Use Buildings: properties that are 2 acres;properties
1 per property less than 2 acres that are less than 2
shall not display site acres shall not
signs display site signs
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 External, down External, down External, down
directional and directional and directional and directional and
concealed light concealed light concealed light concealed light
source source source source
Setbacks and 2 ft. from front 2 ft. from front 2 ft. from front 2 ft. from front
Spacing property lines property lines property lines property lines
10 ft. from all 10 ft. from all 10 ft. from all other 10 ft. from all
other property . other property property lines other property
lines lines lines
10 ft. from all other
10 ft. from all 10 ft. from all signs 10 ft. from all
other signs other signs other signs
12 ft. from building
12 ft. from 12 ft. from walls 12 ft. from
buildin walls buildin walls building walls
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Table F
DETACHED TEMPORARY SIGNS
sf. = square feet/ ft. = linear feet/N/A= not applicable)
Type of Sign Sign District
Standards Commercial- Multifamily/Mixed
Downtown Industrial Use Single-Family
Other Standards Where allowed, Where allowed, Where allowed, site Where allowed,
site signs shall be site signs shall be signs shall be site signs shall be
installed in installed in installed in installed in
permeable permeable permeable permeable
landscaped areas landscaped areas landscaped areas landscaped areas
or hardscaped that are at least 5 that are at least 5 ft. that are at least 5
areas other than ft. in every in every horizontal ft. in every
vehicular use areas horizontal dimension and at horizontal
and sidewalks that dimension and at least 40 sf. in area dimension and at
are at least 5 ft. in least 40 sf. in area least 40 sf. in area
every horizontal
dimension and at
least 40 sf. in area
Swing Signs
Max.# Not allowed Not allowed 1 per property 1 per property
frontage frontage
Max. Sign Area N/A N/A 5 sf., including 5 sf., including
riders riders
Max. Sign Height N/A N/A 5 ft.5 ft.
Allowed Lighting N/A N/A None None
Setbacks and N/A N/A 2 ft. from all 2 ft. from all
Spacing ro ert lines property lines
Other Standards N/A N/A Swing signs shall be Swing signs shall
installed in be installed in
permeable permeable
landscaped areas landscaped areas
that are at least 4 ft. that are at least 4
in every ft. in every
horizontal horizontal
dimension and at dimension and at
least 20 sf. in area least 20 sf. in area
Feather Flags
Max. # 1 per 100 ft. of 1 per 100 ft. of 1 per 100 ft. of Not allowed
property frontage property frontage property frontage or
or fraction thereof; or fraction fraction thereof; may
may be clustered thereof; may be be clustered
clustered
Max. sign area 40 sf. 40 sf. 40 sf. N/A
Max. sign height 15 ft. 15 ft. 15 ft. N/A
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Table F
DETACHED TEMPORARY SIGNS
sf. = square feet/ft. = linear feet/N/A = not applicable)
Type of Sign Sign District
Standards Commercial- Multifamily/Mixed
Downtown Industrial Use Single-Family
Other Standards Not allowed if Not allowed if Must be installed in N/A
freestanding freestanding a permeable
banner is present banner is present landscaped area with
a radius that extends
Must be installed Must be installed not less than 3 ft.
in a permeable in a permeable from the flag pole
landscaped area landscaped area
with a radius that with a radius that
extends not less extends not less
than 3 ft. from the than 3 ft. from the
flag pole flag pole
G) Duration of Display of Temporary Signs.
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
Section 3.8.7.1.
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 G1, Classification of Temporary
Sign Materials.
Table G1
Classification of Temporary Sign Materials
Material Class
Material 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
coro last")
Wood or metal
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3) Duration of Display.
a) In general, a temporary sign shall be removed as of the earlier of
the date that:
I.it becomes an abandoned sign; or
2.it falls into disrepair (see Section 3.8.7.2(H)); or
3. the number of days set out in Table G2, Duration of
Temporary Sign Display by Material Class, expires.
Table G2
Duration of Temporary Sign Display by Material Class
Max. Duration for Individual Sign by Material Class Max.
1 2 3 4 5 Posting
Days/
Sign Type Year
Yard Sign
Not
45 days
Not
60 days 180 days
180 days
Allowed Allowed
Site Sign
Not Not Not
60 days 180 days
180 days
Allowed Allowed Allowed
Swing Sign
Not Not Not
60 days 180 days
180 days'
Allowed Allowed Allowed
Window 30 days per 30 days per 30 days per 30 days 30 days per 30 days
Sign sign sign sign per sign sign per sign
Feather Not Not Not Not 20 days
Flags Allowed Allowed
20 days
Allowed Allowed
TABLE NOTES:
alternatively, the sign type may be displayed for 360 days every two calendar years
b) Temporary signs that are required due to governmental regulation
e.g., public notices) shall be removed as required by the
applicable regulation.
4) Administrative Interpretations. Materials for signage that are not listed in
this Section 3.8.7.2(G) may be introduced into the market. When a
material is proposed that is not listed in this Section 3.8.7.2(G), 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
29-
material, regardless of the durability material (although such a sign may be
permissible under Land Use Code Section 3.8.7.1).
H) Temporary Sign Maintenance. Temporary signs and temporary sign structures
of all types shall be maintained as follows:
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) Damage. Temporary signs that are obviously damaged shall be removed
within 24 hours.
4) Upright, Level Position. Signs that are designed to be upright and level
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.
I) Banners and Pennants.
1) Attached unframed banners, detached banners, and attached and detached
pennants are allowed in any zone district pursuant to the restrictions in
below Table I provided 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
40 days per calendar year.
3) The Director shall review a banner or pennant permit application within
two business days to determine completeness. If it is complete, the
Director shall approve or deny the application within three business days
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after such determination. If it is incomplete, the Director shall cause the
application to be returned to the applicant within one business day of the
determination, along with written reasons for the determination of
incompleteness.
4) Notwithstanding the size and time limitations contained in Table I,
noncommercial banners or pennants may be larger in size and displayed
for such additional periods of time as may be established by the City
Manager during community events that, in the judgment of the City
Manager, advance a goal or policy of the City Council and contribute to
the health, safety or welfare of the City.
Table I
ATTACHED UNFRAMED BANNERS AND PENNANTS
sf. = square feet/ft. = linear feet/N/A=not applicable)
Sign District
Standard Commercial- Multifamily/Mixed
Downtown Industrial Use Single-Family
Max. #on each 1 1 per 300 ft. of 1 Residential
building building Buildings: Not
elevation elevation or Allowed
fraction thereof, Nonresidential
but not more Buildings: 1
than 3 banners
per building
Max. Sign Area 40 sf. 40 sf. 40 sf. Residential
Buildings: N/A
Nonresidential
Buildings: 40 sf.
Allowed None External None None
Lighting
Max. Sign 7 ft. 7 ft. 4 ft.4 ft.
Height
Other Standards None If more than one None None
banner is
allowed on a
building
elevation,
banners may be
clustered
31-
DETACHED BANNERS AND PENNANTS
Max. # Either framed or Either framed or Either framed or Not allowed
unframed: 1 per unframed: unframed:
property 1 per property 1 per property. .
frontage; or 1 per frontage; or 1 per frontage; or 1 per
100 ft. of 100 ft. of 100 ft. of,
property frontage property frontage property frontage
if secured to if secured to if secured to
temporary temporary temporary
construction construction construction
fencing related to fencing related to fencing related to
permitted permitted permitted
construction construction construction .
may be may be may be
clustered) clustered) clustered)
Max. Sign Area 40 sf. 40 sf. 40 sf. 40 sf.
per banner)
Allowed None None None None
Lighting
Max. Sign 6 t. . t. t. 6 ft.
Height(applies
to freestanding
banner frames)
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;
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. ,
Section 4. That Section 5.1.2 of the Land Use Code—is hereby amended by the
addition, amendment or deletion of the following definitions only:
Banner shall mean a type of temporary or permanent sign that is painted or printed on
cloth, vinyl, or other flexible material, that is designed to be stretched between poles,
fence posts or wire, mounted in a free-standing frame, or hung on walls with ties, clips,
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rails, brackets, hooks, or banner, frames. The definition of "banner" does not include
flag" or"feather flag."
Banner, framed shall mean (depending upon the context): (i) a type of temporary sign if
displayed for 40 days or less and a flush wall sign when displayed for more than 40 days
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; or (ii) a
structure that is anchored to the ground, that provides a frame for stretching banners such
that they are tightly stretched and their mounting hardware is hidden from view. Frames
upon which banners are mounted must be designed to visually blend into the surface
upon which they are mounted.
Building elevation, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the
external face of a building, projected onto a two-dimensional plane. For purposes of
calculating the allowed number of signs or sign area, the building elevation is the two-
dimensional representation of the side of the building upon which the sign is proposed.
Electronic message center, or EMC, shall mean the portion of an on-premise ground or
wall sign that is capable of displaying words or images that can be electronically
changed by remote or automatic means.
Flag shall mean a flexible piece of fabric that is attached along one 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 include printed or
embroidered insignia that symbolizes a nation, state, or organization, or that display a
graphic or message. Flags are considered to be a type of sign.
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." Feather flags are considered to be a type of sign.
Illustrative Feather Flags
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Pennant shall mean a narrowing or tapering flag or similar shape that is two (2) square
feet in size or less, that is repeated along a common line and is not attached to a flag
pole.
Principal building entrance, for purposes of Sections 3.8.7.1 and 3.8.7.2 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 purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the real property,
or group of real properties that were planned or developed with shared pedestrian or
vehicle access, upon which a sign or signs are displayed.
Property frontage, for purposes of Sections 3.8.7.1 and 3.8.7.2' only, shall mean the
length of a front, side, or rear property line that abuts a public street right-of-way.
Rider shall mean a subordinate sign panel that is attached to a swing sign, either above
the horizontal member or below the principal sign face. To illustrate, but without
limiting the range of messages that a rider may convey, if the swing sign is used to
advertise a property as "for sale," a rider is often used to convey a related message such
as "contract pending."
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 in no way identify the name of a business and which in
the judgment of a reasonably prudent person are not displayed in conjunction with
a commercial enterprise for the purpose, or with the effect, of advertising a
product or service offered by a business located on the property where such work
of art is displayed;
3) signs not visible beyond.the boundaries of the lot or parcel upon which
they are located or from any public thoroughfare or right-of-way;
4) traffic and other official signs of any public or governmental agency;
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5) 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
6) a sign that 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.
Sign, abandoned shall mean a sign that does not contain a message, or contains a
commercial or event-based message that is obviously obsolete (e.g., the name of a
business that is no longer operational, or an advertisement for an event that has already
occurred), for a continuous period of sixty (60) days or more.
Sign, attached shall mean a flush wall sign, a window sign, or a projecting sign.
Sign, detached shall mean a sign that is not attached to or located inside of a building.
Sign face shall mean 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.
Sign,flush wall 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. Framed banners attached directly to the building fascia,-are
considered to be a type of flush wall sign. Unframed banners attached directly to the
building fascia are not-a considered to be flush wall signs and shall be subject to the
banner regulations contained in Section 3.8.7.2.
Sign, individual letter shall mean 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.
Sign, inflatable shall mean a sign that is constructed from an envelope of flexible material
that is given shape and/ or movement by inflation.
Sign, portable shall mean (depending upon the context): (1) a temporary 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. Portable signs include signs that are mounted on trailers, wheeled carriers, or
frames that are designed to be placed onto a surface without being secured to it, or (2)
any outdoor display of a product, merchandise or material which, by reason of its
35-
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.
Sign, sidewalk shall mean a type of portable sign that is designed to be placed upon a
hard surface in order to attract the attention of pedestrians.
Illustrative Sidewalk Sign
SMAix
96N
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 posts.
Illustrative Site Sign
0 r t `
Sign, swing shall mean a type of temporary sign that is suspended from a horizontal
swing post that is attached to a post that is staked into the ground. Swing signs may
include riders that are mounted to the swing post or suspended under the sign panel.
Sign, temporary shall mean a sign that is designed or intended to be displayed for a short
period of time.
Sign, vehicle-mounted shall mean any sign that is painted on, affixed to or otherwise
mounted on any vehicle or on any object that is placed on, in or attached to a vehicle. For
the purposes of this definition, the term vehicle shall include trucks;-buses, vans, railroad
cars, automobiles, tractors, trailers, motor homes, semi-tractors or any other motorized or
nonmotorized transportational device, whether or not such vehicle is in operating
condition.
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Sign, wind-driven shall mean any sign consisting of one (1) or more banners, flags,
pennants, ribbons, spinners, streamers, captive balloons, inflatable signs, or other objects
or material fastened in such a manner as to move, upon being subjected to pressure by
wind or breeze.
Sign, yard shall mean a type of temporary sign that is constructed of paper, vinyl, plastic,
wood, metal or other comparable material, which is mounted on a stake or a frame
structure (often made from wire) that includes one or more stakes.
Illustrative Yard Signs
i I II
Temporary sign cover shall mean a type of temporary sign that is constructed of flexible
material, designed to fit over a permanent sign face or mount.
Window transparency, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, 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.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
Mayor
ATTEST:
pORTC
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City CI rk— Vw,[esciy,v
U
SEAL
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37-
Passed and adopted on final reading on this 15th day of August, A.D. 2017.
Mayor
ATTEST:
FORT oo``
N
SEAL. :
Interi ity Clerk
CaEost
38-