The URL can be used to link to this page

Home My WebLink About178 - 12/20/2011 - AMENDING THE LAND USE CODE REGARDING DIGITAL SIGNS AND POLE SIGNS a i ORDINANCE NO. 1785 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE REGARDING DIGITAL SIGNS AND POLE SIGNS I WHEREAS , commencing in 1971 and continuing thereafter, the City Council has adopted various provisions regulating the size and appearance of signs within the City all of which regulations were designed and adopted in order to protect the health, safety and welfare of the City by regulating the design, construction and placement of signs in a manner that provides a reasonable balance between the right of a business and/or individual to identify itself and to convey its message, and the right of the public to an aesthetically pleasing environment; and WHEREAS , in 2006, the City Council adopted Code provisions further regulating the use and appearance of on-premise digital signs which regulations controlled brightness, color, size and method of display; and WHEREAS , since 2006, the number of on-premise digital signs has increased significantly and, in response to this increase, and to concerns about brightness and aesthetics, the City Council directed City staff to evaluate the possibility of further regulation of digital signs to protect the economic and aesthetic environment of the City; and WHEREAS , the City Council has also requested that City staff present a proposal for additional design criteria for pole signs for the purpose of limiting the amount of air space between the top of the sign and the ground to make the signs more substantial and aesthetically interesting with a view toward enhancing the aesthetic appearance of the streetscapes of the City; and WHEREAS , City staff has prepared new regulations for the City Council to consider regarding digital signs and pole signs ; and WHEREAS , the Planning and Zoning Board has examined the regulations proposed by City staff and has recommended that the City Council adopt said regulations ; and WHEREAS , the City Council has determined that the adoption of the regulations proposed by City staff with regard to digital signs and pole signs are in the best interests of the health, safety and welfare of the City and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 3 . 8 . 7(A)(3 )(b) of the Land Use Code is hereby amended to read as follows : 3.8.7 Signs (A) General. 3 3 1 1 1 (3 ) Nonconforming Signs. (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 . 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 j 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 non-conforming, such signs shall be maintained in good condition and no such sign shall be: Section 2 . That Section 3 . 8 . 7(G) of the Land Use Code is hereby amended by the addition of a new subparagraph ( 12) which reads in its entirety as follows : (G) Freestanding and Ground Sign Requirements ( 12) 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 Section 3 . 8 . 7 [G] [ 1 ] of the Land Use Code) 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 subsection 3 . 8 . 7(A)(3 )(b) . Section 3 . That Section 3 . 8 . 7(M) of the Land Use Code is hereby amended to read as follows : Section 3.8.7 Signs (M) Electrical Signs and electronic message center signs. ( 1 ) Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs . -2- i i (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 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. Electronic message centers that display ONLY time and temperature do not need to comply with the above-described time limitations, but shall not change more frequently than once per three seconds . (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 ( 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 for a 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, with the message center turned off, and again with the message center turned on to a full white image -3 - i 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 ( 3 ) footcandles. 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 an 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 (50) percent 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) mm, 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 D — Downtown zone 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 electronic message center sign shall be allowed to face each street abutting or within any property and/or site specific development plan. The minimum horizontal distance between -4- 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 Section 3 . 8 . 7(M) . i (j ) Signs that contain an electronic message center which do not comply with the provisions of this Section shall be removed or made to conformby the dates specified in paragraphs 1 , 2 , and 3 below and provided that such signs otherwise comply with subparagraph 3 . 8 . 7(A)(3 )(b) . I 1 . Electronic message centers that contain dimming software or solar sensors capable of meeting the brightness levels described in Section 3 . 8 . 7(M)(4)(b) shall be required to comply with such levels by January 31 , 2012 , and all electronic message centers located inside a building but visible from a public sidewalk or public street shall be required to comply with Sections 3 . 8 . 7(M)( 1 ) and 3 . 8 . 7(M)(4)(a) and (c) by January 31 , 2012 . 2 . Except as otherwise required in subsection 0 )( 1 ) above, all signs that do not comply with the requirements of Sections 3 . 8 . 7(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 Sections 3 . 8 . 7(M)(4)(d),(e) , and/or (g) shall be completed by December 31 , 2019 . Section 4 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of a new definition "Electronic message center" which reads in its entirety as follows : Electronic message center 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. - 5 - Introduced, considered favorably on first reading, and ordered published this 6th day of December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D. 2011. FORT°CO! J M or [ �/ e . ATTEST: ' V a SEAL . • • s City Clerk COLOap®� Passed and adopted on final reading on the 20th day of December, A.D. 2011. FORT M yor ATTEST: SEAL :N . • City Clerk .......•'p OGORP® -6-