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HomeMy WebLinkAbout09200 ORDINANCE NO. 9200 AN ORDINANCE AMENDING CHAPTER 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO SIGNAGE TYPES AND REQUIREMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-10-01 of Chapter 10, Title XVII, Pueblo Municipal Code, is hereby amended to read as follows: Sec. 17-10-01. - Purpose and intent. compelling The purpose of this Chapter is to promote the public health, safety and welfare by establishing standards and criteria for the construction, installation, maintenance and operation of signs in the City. More specifically, this Chapter is intended to: (1) Enhance and protect the physical appearance of the City. (2) Protect property values. (3) Promote and maintain visually attractive, high value residential, retail, commercial and industrial districts. (4) Promote the economic well-being of the community by creating a favorable physical image. (5) Ensure that signs are located and designed to: a. Provide an effective means of way-finding in the community. \[ b. Afford the community an equal and fair way to advertise and promote its products \]Promote the efficient communication of messages. and services. \[ c. Reduce sign clutter and the distractions and confusion that may be contributing factors in traffic congestion and accidents and maintain a safe and orderly \] Promote safety of persons and property pedestrian and vehicular environment. by regulating signs so as not to confuse or distract motorists or impair drivers’ ability to see pedestrians, obstacles, other vehicles, or traffic directional signs. d. Minimize the disruption of the scenic views which, when maintained, protect important community values. e. Afford businesses, individuals and institutions a reasonable opportunity to use signs as an effective means of communication. (6) Provide review procedures that assure that signs are consistent with the Municipality's objectives and within the Municipality's capacity to efficiently administer the regulations. (7) Prohibit all signs not expressly permitted by this Chapter. (8) Curb the proliferation of signs. SECTION 2. Section 17-10-02 of Chapter 10, Title XVII, Pueblo Municipal Code, is hereby amended to read as follows: Sec. 17-10-02. – Application of this Chapter. (a) The regulations contained in this Chapter shall apply to signs generally outside of the public right-of-way and on the property to which the standard or regulation refers, except when specifically stated otherwise. A sign shall only be erected, established, painted, created or maintained in conformance with the standards, criteria, procedures and other applicable requirements of this Chapter. (b) Unless otherwise stated in this Chapter, all determinations, findings and interpretations shall be made by the Administrative Official or designee. (c) The following signs and displays are exempted from this Chapter: \[\] (1) Any sign displaying a public notice or warning required by a valid and applicable federal, state or local law, ordinance or regulation or deemed necessary for by a federal, state or local governmental or quasi-governmental agency; (2) Flags of any nation, government or noncommercial organization; (3) Any sign inside a building that is not attached to the window or door and is not legible from a distance of more than three (3) feet beyond the lot on which the sign is located; \[ (4) Any work of art that does not display a commercial message; (5) Any religious symbol that does not display a commercial message; \] (6) Any traffic control sign as defined in the Manual on Uniform Traffic Control Devices \[\] (MUTCD), such as "STOP" or "YIELD," including traffic control signs located on private \[ property that meet applicable governmental standards pertaining to such signs and do \] not display a commercial message; \[\] (5)\[\] Identification signs maintained by\[ (7) Signs promoting or identifying an area, \] federal, location, activity or event of a state, local government or agency thereof; \[\] (6) (8) Product dispensers and trash receptacles; \[ (9) Holiday, community and community special event decorations that do not display a \] commercial message; \[\] (7) (10) Mascots for educational institutions with primarily academic curricula; \[\] (8) (11) Signs on athletic fields and scoreboards intended for on-premises viewing; \[\] (9) (12) Construction signs of up to thirty-two (32) square feet; \[\] (10) (13) Menu signs at drive-in restaurants; \[ (14) Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material, or made of metal or other permanent-type construction and made an integral part of the structure; \] (11) (15) Signs in the public right-of way that comply with the requirements of Section 9-10- 87 of this Code concerning those signs constructed, placed or affixed on any bus stop shelter, building, kiosk, structure or bench upon any street, sidewalk or public right-of- way. (12)Real estate signs no more than six (6) square feet, nor over four (4) feet tall, in residential zone districts, and no more than thirty-two (32) square feet, nor over eight (8) feet tall, in all other zone districts. SECTION 3. Section 17-10-03 of Chapter 10, Title XVII, Pueblo Municipal Code, as amended, is hereby amended to read as follows: (7) A protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure or mounting device is legal without consideration of message content. This provision applies to all signs, including outdoor general advertising devices or billboards allowed under this Chapter. Such substitution of message may be made without any additional approval, permitting, registration or notice to the City. (8) If any section, subsection, paragraph, term or provision of this Chapter is determined to be illegal, invalid or unconstitutional by any Court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other section, subsection, paragraph, term or provision of this Chapter, all of which will remain in full force and effect. SECTION 4. Section 17-10-04 of Chapter 10, Title XVII, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 17-10-04. - Computations, measurements, rules and definitions. . . . (e) Definitions. For purposes of this Chapter the following words shall have the meanings herein set forth: (1) Abutting means having a common border with or being separated from such a common border by a right-of-way, alley or easement. (2) Architectural feature means any construction attendant to, but not an integral part of, the sign, which may consist of landscape, building or structural forms that enhance the site in general; also, graphic stripes and other architectural painting techniques applied to a structure that serve a functional purpose, or when the stripes or other painting techniques are applied to a building, provided that such treatment does not include lettering, logos or pictures. (3) Building frontage means the length of any side of a building or store which fronts upon a public street, customer parking area or pedestrian mall and which has one (1) or more entrances to the main part of the building or store. (4) Building wall means any vertical surface of a building or structure (other than a pitched roof) that is integral to and could reasonably be constructed as part of the architecture of the building when a sign is not being contemplated. Examples of building walls include: awnings, canopies, marquees, the vertical portion of gable roofs and parapets. (5) Canopy means a roof-like cover, or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station. A marquee is not a canopy. \[\] (5.1) Electronic variable messageElectronic variable message (EVM) sign means a sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. (6) Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporate or commercial entity or , attached to a fixed pole and kept at least ten (10) feet above the ground. institution This does not include “wind-sail flags” or “feather flags,” which are considered temporary signs\[ . A corporate, commercial or institutional flag may only display the name, trademark or logo of the business or institution on the parcel, and such flag may \] not be used for other business or advertising purposes. (7) Nonresidential business use means a commercial establishment whose activity is at a scale greater than a home based business. Examples of nonresidential business use include office, service and retail shops. (8) Residential business use means a business whose primary service is for the lodging of guests or care of children, (e.g., hotel, bed and breakfast, childcare center and similar uses) or whose activity is not at a scale greater than home industry. (9) Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located and including any words, lettering, figures, numerals, phrases, sentences, devices, designs, pictures, symbols or trademarks by \[ which anything is made known, such as are used to designate a firm, association, \] corporation, business, service, commodity, product or any type of publicity, whether placed on natural objects or on a building, fence or other man-made structure, which are visible from any public street or public road right-of-way. \[\] (10) Sign, abandoned means a sign pertaining to or associated with an event, business or a\[\]\[\] purpose which is no longer ongoing and which has been inactive or out of business for a period of one hundred eighty (180) consecutive days or longer, or a sign which contains structural components but no display for a period of one hundred eighty (180) consecutive days or longer. \[\]\[\] (11) Sign, advertising ( off-premises ) means a sign which directs attention to a business, product, activity or service which is not conducted, sold or offered upon the premises where such a sign is located. (12) Sign, animated (moving) means any sign having a conspicuous and intermittent variation in the physical position of any part of the sign. Inflatable devices are excluded. (13) Sign, animation means the presentation of pictorials and graphics on signs displayed in a progression of frames, which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns, bands of light or expanding or contracting shapes. (14) Sign, banner means a sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a building or other structure at one (1) or more edges. \[\] directing (15) Sign, billboard (off-premises sign) means a sign structure advertising attention to an establishment, merchandise, event, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is \[\] sign located; and any other outdoor advertising prohibited by the provisions of Section 43-1-415, C.R.S. and Section 24-4-103, C.R.S. (15.1) Sign, channel letter means individual letters constructed to be applied singly in the formation of a sign, typically mounted on a raceway. Channel letters may be illuminated or nonilluminated but are not panel signs with raised letters. (16) Sign, freestanding means a sign supported from the ground and not attached to any building. A freestanding sign may be supported by one (1) or more poles or structures. For the purposes of this Chapter, a monument sign is not considered a freestanding sign. (17) Sign, high-rise means a freestanding sign that exceeds fifty (50) feet in height. (18) Sign, inflatable means any inflatable shape or figure designed or used to attract attention to a business event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this Chapter and subject to the regulations thereof. (19) Sign, instructional means a sign that has a purpose secondary to the use on the premises \[\] is for and that is intended to instruct employees, customers or users as to matters of ,\[ public safety or necessity such as specific parking requirements, the location or \] regulations pertaining to specific activities on the site or in the building and including a sign erected by a public authority, utility, public service organization or private industry that is intended to control traffic, direct, identify or inform the public or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. (20) Sign, monument means a sign supported primarily by an internal structural framework, or integrated into landscaping or other solid structural features other than support poles. (21) Sign, multiple tenant means a sign that serves as a common or collective identification For purposes of this Subsection, the for two (2) or more uses on the same premises. term premises shall mean all the parcels of real property comprising the premises as evidenced by either: a. A private declaration, covenant, restriction or other document identifying the parcels of real property which comprise such premises; or b. A City-approved site plan identifying the parcels of real property which comprise such premises, irrespective of the fact that various portions of such premises may be owned by different owners or leased by different tenants. If applicable pursuant to Subsection 17-4-46(b), signs shall conform with the large scale development performance standards set forth in Subsection 17-4- 46(l); or c. A Master Sign Plan. \[\] means a sign related to the premises (22) Sign, on-site shopping center.Sign, on-site on which it is located or to the products, accommodations, services or activities on the premises on which it is located. On-site signs do not include billboard (off- premises) signs. \[ a. Relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises on which it is located; or b. Identifying businesses conducted on the premises on which it is located. For purposes of this Subsection for shopping centers, the term premises shall mean all the parcels of real property which comprise the shopping center as evidenced by either: 1. A private declaration, covenant, restriction or other document identifying the parcels of real property which comprise such shopping center; or 2. A City-approved site plan identifying the parcels of real property which comprise such shopping center, irrespective of the fact that various portions of such premises may be owned by different owners or leased by different tenants. If applicable pursuant to Subsection 17-4-46(b), signs for shopping centers shall conform with the large scale development performance standards set forth in Subsection 17-4-46(i). \] c. On-site shopping center signs do not include billboard (off-premises) signs. (23) Sign, perimeter wall means a permanent on-premises sign fastened to or painted on a wall at the perimeter of a subdivision identifying a vehicular entrance, residential complex or institutional use. \[ (24) Sign, plate means a building sign not exceeding two (2) square feet indicating the street number, the name of the person, business, profession or activity occupying the lot, \] building or part thereof, or other information pertaining to the use on the lot. (25) Sign, pole means a freestanding sign that is affixed, attached or erected on a pole or pole structure that is not itself an integral part of or attached to a building or structure. (26) Sign, portable means any sign designed to be transported on wheels, skids, runners or brackets or has a frame to which wheels, skids, runners or brackets or similar mechanical devices can be attached to or support the sign. A portable sign also includes sandwich signs, inflatable devices and mobile signs, such as parked utility trailers (less than two thousand 2,000 pounds empty weight) or vehicles, which include signs visible from the public right-of-way unless such vehicle is used in the normal day-to-day operations of the business. (27) Sign, projecting means a sign that is attached to a building wall and extending perpendicular to (or approximately perpendicular to) the building wall and fifteen (15) inches or more beyond the face of the wall. (28) Sign, roof means a sign, or any portion thereof, erected, constructed or projecting upon or over the roof or parapet wall of any building, whether the principal support for the sign is on the roof, wall or any other structural element of the building. (29) Sign structure means the supports, uprights, bracing or framework of any structure exhibiting a sign, be it single-faced, double-face, V-type or otherwise. (30) Sign, temporary means a sign that is designed to be used only temporarily and is not intended to be permanently attached to a building or structure or permanently installed This includes any banner, blimp, wind or fan-driven sign, wind-sail in the ground. flag or feather flag, or other sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame. \[ These include, but are not limited to, political signs, special event signs, portable signs \] and for sale or leasing signs. Temporary signs may be displayed as window signs. (31) Sign, wall means a sign fastened to or painted on a building wall in such a manner that the wall is the supporting structure for or forms the background surface of the sign and which does not project more than fifteen (15) inches from such building wall. (32) Sign, window means a sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building, except for signs that are not attached to a window or a door and that are not legible from a distance of more than three (3) feet beyond the building lot on which such sign is located. (33) Trailer means any wheeled vehicle, without motive power and having an empty weight of more than two thousand (2,000) pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways. SECTION 5. Section 17-10-05 of Chapter 10, Title XVII, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 17-10-05. - Sign standards. (a) Residential: R-l, R-2, R-3, R-4, R-8. Type Maximum Number Maximum Area Maximum Height Monument sign Prohibited — — Freestanding sign Prohibited — — Building address sign plates 1 per dwelling unit 2 sq. ft. — Signs for subdivision 2 per subdivision 48 sq. ft. 6' \[\] identificationentrance \[ Subdivision identification on 2 sq. ft. per linear Restricted to unlimited \] subdivision perimeter wall foot of wall height of wall (b) Residential: R5, R6. Maximum Maximum Type Maximum Number g\[\] Area Heieht 1 per development Monument sign 48 sq. ft. 6' entrance Freestanding sign Prohibited — — 1 per public entrance to Building address sign plates 2 sq. ft. — building Signs for subdivision Prohibited — — \[\] identification (b.1) Residential: RCN. g\[\] Type Maximum Number Maximum Area Maximum Heieht Monument sign 1 12 sq. ft. 6' Freestanding sign Prohibited — — Building address sign plates 1 per address 2 sq. ft. — Wall sign Prohibited — B (c) Manufactured home park: R-7. Maximum Type Maximum Number Maximum Area g\[\] Heieht 1 per development Monument sign 48 sq. ft. 6' * entrance 1 per development Freestanding sign 48 sq. ft. 12' * entrance Building address sign 1 per public entrance 2 sq. ft. — plates \[\] Sign\[\] 1 per \[\[\] Park identification Unlimited2 sq. ft. per linear Restricted to ½ development entrance* \] 48 sq. ft. on park perimeter wall foot of wallheight of wall Note: \[\] Only * Both types of signs (monument and freestanding) are not permitted at the same tim one sign type is allowed per entrance. . . . (d) Nonresidential commercial use: R-5, R-6. Maximum Maximum Type Maximum Area Number Height Monument sign 1* 48 sq. ft. 6' Freestanding sign for \[\] < development &lte;40,000 sq. 1* 80 sq. ft. 16' ft. , 150 sq. ft. 1 per building Freestanding sign for large scale 1 per frontage primary and 20' development >40,000 sq. ft. frontage* secondary 1 per Building address sign plates 2 sq. ft. — address 2 sq. ft. per linear foot of Height of Wall sign Unlimited building frontage building Note: * Both types of signs (monument and freestanding) are not permitted at the same time. (e) Neighborhood office district: O-1. Maximum Maximum Type Maximum Number Additional Requirements Area Height Sign plates 1 per address 2 sq. ft. — — 1 sq. ft. per Wall sign on linear foot of Limited to primary Unlimited primary height of — frontage building wall frontage 1 sq. ft. per Wall sign on linear foot of Limited to secondary Unlimited secondary height of — frontage building wall frontage If property abuts residential use on only 1 side, then 1 freestanding Freestanding 1 permitted (see sign or 1 monument sign 80 sq. ft. 16' sign additional requirements) is permitted for individual or multiple tenants. Both types of signs on the same lot are not permitted If property abuts R-l, R-2, a. Multiple tenants R-3 Zone Districts on 2 permitted on 1 sides, then only Monument monument sign. Only 1 48 sq. ft. 6' monument signs are sign sign permitted on site allowed. Freestanding (see additional signs are not permitted in requirements) this scenario b. Individual tenant y\[\] If propertv abuts R-l, R- identification monument 2, R-3 Zone Districts on 2 signs are permitted. sides, then only Monument Only 1 sign permitted 48 sq. ft. 4' monument signs are sign per tenant, cannot have allowed. Freestanding monument sign and wall signs are not permitted in sign (see additional . this scenario requirements) (f) Nonresidential Districts: B-1, B-2, B-3, B-4, B-P, I-1, I-2, I-3. Maximum Maximum Additional Type Maximum Area Number Height Requirements 1 per Sign plates 2 sq. ft. — — address If property abuts R-l, Freestanding sign R-2 or R-3 Zone (Unless property is Districts on 2 or more located in a special sides: freestanding sign district, these 1* 200 sq.ft. 30' sign is limited to 80 regulations apply, sq. ft. and 16' high or see Section 17-10- 1 monument sign 48 06) sq. ft. and 6' high* * Monument sign 1100 sq. ft. 10' — Development \[ Limited to \[\[\] \[ identification of Unlimited2 sq. ft. per linear \] height of wall — \] sign Prohibited \] — developmentfoot of wall — on perimeter wall \[\] No tenant shall — claim more than 200 sq. ft. of the sign Multiple tenant space. freestanding sign for 2 or more 150 sq. ft. However, where \[ businesses (Unless maximum per property is located 1 shared sign property is located business, or 800 in a Special Sign per street 30' in a special sign sq. ft. maximum District, there is a frontage district, these total sign, which \[ 300 sq. ft. maximum \]* regulations apply, ever is smaller per business, or 800 see Section 17-10- sq. ft. maximum for \] 06) the total sign, whichever is smaller. Wall sign on 2 sq. ft. per linear Limited to \[\] buildingl\[\] primary Unimited foot of primary — height of wall \[\] frontage frontage(a)(b) 2 sq. ft. per linear \[ Wall sign on Limited to \] Unlimited foot of primary — secondary frontage height of wall frontage(a)(b) Not less than 8' between bottom of sign and 5' maximum Projecting signs 1 20 sq. ft. grade and not projection over 16' high nor extend above roofline 1.5 sq. ft. per Approved \[\] C Island canopy Unlimited linear foot of — canopy height building frontage 1.5 sq. ft. per Sign shall not Sign must not be Roof sign Unlimited linear foot of extend above placed upon the roof building frontage the roof line surface 1 per franchise in Freestanding signs addition to 100 sq. ft 25' — at auto dealership the primary sign for the dealership Notes: \[ (a) The maximum sign area that is permitted for primary frontage may be transferred to a secondary frontage, provided that the maximum sign area on any secondary frontage does not \] exceed 2 square feet for each linear foot of frontage. \[\]Unless explicitly permitted by the * With the exception of the Special Sign Districts, Special Sign District, both types of signs (freestanding and monument) are not permitted on the same lot at the same time. (g) Commercial Charter Neighborhood District (CCN): Maximum Maximum Additional TypeMaximum Number AreaHeightRequirements Sign plate 1 per address 2 sq. ft — — 1.5 sq. ft. per lineal Wall sign on foot of primary 1 15' — primary frontage building frontage* 1 sq. ft. per Wall sign on lineal foot of secondary 1 secondary 15' — frontage building frontage* Both types of signs on the same lot are not permitted. 1 permitted (see Freestanding signs Freestanding additional 80 sq. ft. 12' are not permitted if sign requirements) property abuts R-1, R- 2 or R-3 Zone Districts on two (2) or more sides. If property abuts R-1, R-2, R-3 Zone A. Multiple tenants Districts on two (2) or permitted on one (1) more sides, then only Monument monument sign. Only 100 sq. ft. 6' monument signs are sign one (1) sign permitted allowed. Freestanding on site (see additional signs are not requirements) permitted in this scenario. B. Individual tenant If property abuts R-1, monument signs are R-2, R-3 Zone permitted. Only one Districts on two (2) or (1) sign permitted per more sides, then only Monument tenant; cannot have 100 sq. ft. 4' monument signs are sign monument sign and allowed. Freestanding wall sign (see signs are not additional permitted in this requirements) scenario. 5' maximum Projecting 15' or top 1 20 sq. ft. projection; 8' signs of roofline, minimum between whichever bottom of sign and is less grade 20% of area of window to Window signs — B B which affixed* Notes: * The combined total sign area of the wall sign and window signs displayed to a street shall not exceed 2 times the square root of the property's frontage on that street. Signs shall be illuminated solely by stationary, shielded light sources directed at the sign or by internal light sources producing not more than 1 foot-candle of illumination at a distance of 4 feet from the sign. No sign with visible moving or flashing animated or intermittent illumination shall be erected unless approved as a use by review. \[ \](h) (g) Nonresidential Districts: HB, HARP-1, HARP-2, HARP-3. Signs in the HB must comply with the Historic Business District Guidelines. Signs in the HARP-1, HARP-2 and HARP-3 Districts are regulated by the Planning and Zoning Commission. \[ \](i) \[\] sign (h) Off-premises advertising. Maximum Number Maximum Maximum Spacing Between Zone District Per Lot Area Height Signs R-6 - 300 30' 300' A-1, A-2, 1-1, 1- - 400 40' 300' 2, 1-3 Notes: Spacing determined by CDOT along State and Federal highways. All existing legal nonconforming signs shall continue as legal nonconforming. \[\] Cap — 24 additional billboard structures and faces over the next 5 years. Cap is subject to \[\] once the Cap is reached review by City Council every 5 years. Billboard structures and faces that are removed and relocated to another location shall be exempted from the cap. an\[\] In no case may an electronic variable message sign be used as off-premise advertising sign . \[ \](j) (i) Temporary signs. Maximum Height for Maximum Total Area of District Freestanding Temporary Permitted Signage per Parcel Signs R-1, R-2, R-2U, R-3, R-4, R-5, R-6, 33 square feet 5 feet R-7, R-8, RCN and CCN A-1, A-2, A-3, A-4, O-1, B-1, B-2, 66 square feet 8 feet B-3, B-4, I-1, I-2 and I-3 Notes: 1. The display of hand-held signage shall not be considered a temporary sign. \[ 2. Political signs shall be removed 15 days following election day to which the signs relate. 3. Off-premise advertising, retail, wholesale or service signs may not be displayed for more than a total of 14 days per calendar month. 4. Signs announcing any event or function shall not be displayed for more than 21 days prior to the event. These signs shall be removed not later than seven (7) days after the event. 5. Real estate signs shall be removed seven (7) days after property sale closing. \] 6. Temporary signs shall not be illuminated. 3. Temporary signs may not be displayed for more than ninety (90) days per calendar year. 4. Temporary signs shall be removed within 15 days after the completion of the related event. 5. No part of a temporary sign shall be placed in or on or shall protrude into any public right- of-way. 6. Temporary signs shall be safe and maintained in good appearance. No person shall allow, on any premises owned or controlled by him, any temporary sign that is in a dangerous or defective condition. \[ \](k) (j) Instruction signs: All districts. Intent Compliance Exemption a. The signs are not larger than necessary to serve the intended \[\] instructional purpose, not to exceed 6 sq. ft. in \[ Instructional signs intended for The signs may be placed on area. \] instructional purposes shall be the base of a permitted b. The number of permitted as needed on a lot in a freestanding sign without the instructional signs residential district when the lot is area of such instructional sign, located on the site are devoted to a multifamily or non-the minimum needed to or the background, being serve the intended residential use, provided that such considered as part of or instructional purpose. \[\], signs comply with a, b. or c (under added to the area of the c. The signs are not "Compliance"). freestanding sign. located or designed to be readable from a distance or serve to attract attention beyond the perimeter of the site. Notes: \[ Instructional signs shall not be used to display commercial messages referring to products or \] services that are unrelated to current or pending activities on or uses of the property. Entrance and exit signs which are permitted in addition to the above freestanding signs shall be limited to 2 for each entrance/exit driveway. If the side lot is adjacent to a residential zone district, the minimum setback from the side lot line is 30 feet. \[ \](l) \[\] (k) Display of commercial flags. In all districts, a maximum of three (3) flagpoles may be erected on any parcel, provided that: \[\] 1. A maximum of three (3) commercial flags may be displayed simultaneously; 2. The maximum height or length of the flagpole shall be thirty (30) feet; \[\] 3. The total maximum size of all commercial flags displayed shall not exceed one \[\]S hundred twenty (120) square feet. s ubject to the total maximum (aggregate) \[\]\[\]one (1) size of commercial flags, a commercial or noncommercial flag be ed, organization may display alongside a national or governmental flag provided the commercial or noncommercial organization \[\] organizational is .\[ flag not larger than the national or governmental flag; and 4. The corporate or commercial flag may only display the name, trademark or logo of the business on the parcel and such flag may not be used for other business \] or advertising purposes. \[ \](m) (l) Supplemental standards, all districts: Type a. Height of 6 feet or less may be illuminated from the ground or the top. External b. Externally illuminated signs shall be illuminated from the Freestanding top if more than 6 feet in height. illumination and wall signs in c. Light sources must be shielded and directed only on the all districts sign to minimize illumination beyond the sign. Animated or Prohibited. moving For the purpose of assuring that drivers and pedestrians have adequate visibility at the intersection of a roadway, street, Preservation of Sight triangle driveway, trail or alley, no sign or portion of a sign between a sight lines height of 2 feet and 8 feet shall conflict with the American Association of State Highway and Transportation Officials (AASHTO) sight distance triangle specifications. \[One electronic variable message (EVM) sign per property is permitted as determined below: Electronic B-3, B-4, B-P, a. 40 sq. ft. of the maximum allowable area per sign may variable I-1, I-2 and I-3 contain an electronic variable message unless the property is message (EVM) zone districts adjacent to a residential zone district or is within 100 feet of a signs residential use, whichever is more restrictive, on two or more sides. b. High-rise signs fronting I-25, as permitted in Section 17-10- 06, may use 72 sq. ft. of the maximum allowable area per sign as electronic variable message display. c. The area for gas prices, time and temperature signs shall be included in the allowable area for EVM signs. \] d. Sign height determined by Section 17-10-05. One (1) electronic variable message (EVM) sign per property is permitted as determined below: a. 50 sq. ft. of the maximum allowable area per sign may contain an electronic variable message. b. EVM signs shall not be permitted less than 100 feet from a residential use. The 100 feet shall be measured from the base of the sign to the property line of the residential use and be visible from one direction of traffic (perpendicular to the road). c. Average max light day: 10,000 NITs. Average max light night: 5,000 NITs. d. Fade, dissolve, travel, and scrolling transitions are permitted. No constant flashing. e. Minimum time length for message to complete is 6 seconds, and the maximum transition between messages is 1 second or less. f. High-rise signs fronting I-25, as permitted in Section 17- 10-06, may use 72 sq. ft. of the maximum allowable area per sign as electronic variable message display. g. The area for gas prices, time and temperature signs shall be included in the allowable area for EVM signs. h. Sign height determined by Section 17-10-05. i. The EVM sign must be turned off within 48 hours in the event of a malfunction. One electronic variable message (EVM) sign per property is permitted as determined below: a. 32 sq. ft. of the maximum allowable area per sign may contain an electronic variable message. The Zoning Board of Appeals may grant exceptions to this B-1 and B-2 requirement for EVM signs up to 40 sq. ft. maximum zone districts as provided in Section 17-5-34. b. EVM signs shall not be permitted less than 100 feet from the property line of a residential use. The 100 feet shall be measured from the base of the sign to the property line of the residential use and be visible from one direction of traffic (perpendicular to the road). c. Average max light day: 10,000 NITs. Average max light night: 5,000 NITs. d. Fade, dissolve, travel, and scrolling transitions are permitted. No constant flashing. e. Minimum time length for message to complete is 6 seconds, and the maximum transition between messages is 1 second or less. f. Sign height determined by Section 17-10-05. g. The EVM sign must be turned off within 48 hours in the event of a malfunction. All other zones Prohibited \[ (m) Commercial Charter Neighborhood District (CCN): Maximum Maximum Type Maximum Number Additional Requirements Area Height Sign plate 1 per address 2 sq. ft — — 1.5 sq. ft. per lineal Wall sign on foot of primary 1 15' — primary frontage building frontage* 1 sq. ft. per Wall sign on lineal foot of secondary 1 15' — secondary frontage building frontage* If property abuts residential use on only one (1) side, then one (1) freestanding sign or one 1 permitted (see Freestanding (1) monument sign is additional 80 sq. ft. 12' sign permitted for individual or requirements) multiple tenants. Both types of signs on the same lot are not permitted. 15' or top of 5' maximum projection; 8' Projecting roofline, 1 20 sq. ft. minimum between bottom signs whichever of sign and grade is less If property abuts R-1, R-2, A. Multiple tenants R-3 Zone Districts on two permitted on one (1) (2) sides, then only Monument monument sign. Only 100 sq. ft. 6' monument signs are sign one (1) sign permitted allowed. Freestanding on site (see additional signs are not permitted in requirements) this scenario. B. Individual tenant If property abuts R-1, R-2, identification monument R-3 Zone Districts on two signs are permitted. (2) sides, then only Only one (1) sign 100 sq. ft. 4' monument signs are permitted per tenant; allowed. Freestanding cannot have monument signs are not permitted in sign and wall sign (see this scenario. additional requirements) 20% of area of window to Window signs — B B which affixed* Notes: * The combined total sign area of the wall sign and window signs displayed to a street shall not exceed 2 times the square root of the property's frontage on that street. (a) Signs shall be illuminated solely by stationary, shielded light sources directed at the sign or by internal light sources producing not more than 1 foot-candle of illumination at a distance of 4 feet from the sign. (b) No sign with visible moving or flashing animated or intermittent illumination shall be erected unless approved as a use by review. \] SECTION 6. Section 17-10-07 of Chapter 10, Title XVII, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 17-10-07. - Prohibited signs. The following signs and sign structures are prohibited: (1) Roof signs placed on the roof surface. Exception: The Administrative Official may permit channel letter signs to be applied to the vertical or nearly vertical portion of a mansard style roof, so long as the area of the sign is included in the allowable area for wall signs, and so long as they do not extend above the top of the mansard roof line or hang below the eave. (2) Off-premise signs except for permitted billboards. (3) Signs that mechanically alter their physical position in space. (4) Signs attached to antennae or towers except for warning signs and identification placards. (5) Signs which contain statements, words, or pictures describing or depicting sexual activities or sexually explicit anatomical areas. (6) Signs which contain, or are an imitation of, an official traffic sign or signal or contain the words: "STOP," "GO SLOW," "CAUTION," "DANGER," "WARNING" or similar words, except official traffic signs or signals. (7) Signs which are of a size, location, movement, content, coloring or manner of illumination which may be construed as a traffic control device or which hide from view any traffic or street sign or signal. (8) Signs erected after adoption of this Chapter that do not comply with the provisions of this Chapter. (9) Signs in, on, over or above the public right-of-way without a revocable permit therefor. Exception: Wall-mounted signs having a projection of not more than fifteen (15) inches and a minimum clearance of not less than eight (8) feet and conforming to all other provisions of this Chapter. \[ (10) Parked motor vehicles and/or trailers intentionally located so as to serve as an \] a sign advertising device for a use, product or service. (11) Revolving beacon lights. (12) Overly bright or glaring signs, which constitute a nuisance as defined by Section 7-1-1(a) of this Code as determined by the Administrative Official. \[ (13) Signs which use the word "marijuana," "cannabis," any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana, except where otherwise permitted the complete phrase "medical marijuana" may be used, so long as both words \] are the same size, style and font. SECTION 7. Section 17-10-10 of Chapter 10, Title XVII, Pueblo Municipal Code, is hereby amended to read as follows: Sec. 17-10-10. - Maintenance. (a) All signs and sign structures shall be maintained in good repair, in a safe and secure condition and in compliance with this Chapter, the International Building Code (IBC) as adopted in Title 4, Chapter 2 of this Code and applicable building codes. (b) All signs and sign structures shall be kept in a neat, clean and presentable condition. All sign information shall be kept clearly legible and compatible with its intended use. \[ (c) A signs which advertises a business that has not been conducted on the premises for one \] which hundred eighty (180) consecutive days, or fails to serve the purpose for which it was intended, shall either be removed or the sign area shall be replaced by a neutral single background color panel or similar cover. If the sign is composed of individual raised letters, the letters shall be removed. (d) Except as provided in the IBC or applicable building codes, a sign face may be removed for purpose of repair, refurbishing or repainting without permit or payment of fees, provided: (1) The sign base and sign structures are not altered or remodeled; (2) The sign and sign structures are not enlarged or increased; and (3) The sign is accessory to a legally permitted, conditional or nonconforming use. SECTION 8. Section 17-10-11 of Chapter 10, Title XVII, Pueblo Municipal Code, is hereby amended to read as follows: Sec. 17-10-11. - Administrative provisions. (a) To ensure compliance with this Chapter, proposed signs or sign structures shall be required to receive a permit from the Department of Land Use Administration, except as exempted within this Chapter. (b) An application for a sign permit shall be made to the Administrative Official on the forms provided by the Department of Land Use Administration and in the manner required herein. At a minimum, the following shall be submitted to the Department of Land Use Administration for approval: (1) Easements and/or rights-of-way. a. Setbacks - distance to property lines from buildings, parking areas and driveways; b. Lighting plans as required in Section 17-4-52; and c. Graphics, including: 1. Building signs shall include drawings or pictures, at a minimum size of 8.5" X 11", showing proposed building signs, sizes, square footages, placement, elevations and dimensions. 2. Freestanding and monument signs shall include drawings or pictures, at a minimum size of 8.5" X 11", showing proposed signs, sizes, square footages, height, placement and property lines. 3. The applicant shall provide drawings or pictures, at a minimum size of 8.5" X 11", showing proposed building signs, sizes, square footages, placement, elevations and dimensions for all existing signage. 4. Other requirements adopted by the Department of Land Use Administration to comply with this Section. (2) The Administrative Official shall review and act on the sign applications for nontemporary signs for which a permit is required to assure compliance with the standards set forth in this Chapter. (c) The Administrative Official may grant exceptions to the provisions of this Chapter whenever a sign or property has been designated a Historic Sign pursuant to the eligibility criteria adopted by the Historic Preservation Commission. These criteria provide for Historic Sign status for signs that are: (1) Associated with historic figures, events or places. ,\[\] (2) Significant as evidence of the history of the product, business or service advertised. (3) Significant as reflecting the history of the building or the development of the historic district. A sign may be the only indicator of a building's historic use. (4) Characteristic of a specific historic period, such as gold leaf on glass, neon or stainless steel lettering. (5) Integral to the building's design or physical fabric, as when a sign is part of a storefront \[ made of Carrara glass or enamel panels, or when the name of the historic firm or the \] information is date are rendered in stone, metal or tile. In such cases, removal can harm the integrity of a historic property's design or cause significant damage to its materials. (6) Outstanding examples of the sign maker's art, whether because of their excellent craftsmanship, use of materials or design. (7) Local landmarks; that is, signs recognized as popular focal points in a community. (8) Elements important in defining the character of a historic district, such as marquees in a theater district. SECTION 9. Any person who violates Sections 17-10-01, 17-10-02, 17-10-103, 17-10-04, 17-10-05, 17-10-07, 17-10-10, or 17-10-11 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Pueblo Municipal Code. SECTION 10. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 11. This Ordinance shall become effective thirty (30) days following final passage. INTRODUCED November 13, 2017 BY: Ed Brown PASSED AND APPROVED: November 27, 2017 City Clerk’s Office Item # S-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 13, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Planning and Community Development Daniel C. Kogovsek, Law Department SUBJECT: AN ORDINANCE AMENDING CHAPTER 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO SIGNAGE TYPES AND REQUIREMENTS SUMMARY: Attached is an Ordinance amending Chapter 10 of Title XVII with changes to Sections 17-10-01, 17-10-02, 17-10-03, 17-10-04, 17-10-05, 17-10-07, 17-10-10, and 17-10-11 by removing content- based language within the Sign Code. PREVIOUS COUNCIL ACTION: On July 25, 2005, Council passed and approved Ordinance No. 7348 to amend the 1957 Code, adding Chapter 10 to Article XVII. The Chapter addressed the regulations pertaining to signs, their structures, and governance. Select provisions of the code, like Section 17-10-04, have been amended over time to broaden the scope of the Pueblo Sign Code and to provide clarification. See, Ord. No. 7798 dated May 12, 2008; Ord. No. 8148 dated February 22, 2010 and Ord. No. 8933 dated November 23, 2015. BACKGROUND: Sign codes are restrictions on speech and therefore must conform to the First Amendment to the United States Constitution. A government may impose reasonable time, place and manner restrictions on speech if there is a rational basis for the restriction. For sign codes, the rational basis for regulating signs includes aesthetics and the need to limit distractions for drivers. Such restrictions have been upheld to the extent that they regulate the manner of speech, but not the content. That is, the government can restrict how a party speaks, but not what the party says. To restrict the content of speech there must be a compelling government interest. During the 2015 term, the United States Supreme Court struck down the sign code for the Town of Gilbert, Arizona as a content-based restriction on speech. Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). The court took a broad view of what constituted a content-based regulation. The City of Pueblo’s current sign code includes certain provisions which make it vulnerable to being struck down by a court following the Reed decision. This includes provisions for real estate signs, ideological signs, and signs for advertising. Thus, it is the Law Department’s recommendation that the Sign Code be amended to protect the First Amendment and reflect the decision in Reed. The Electronic Variable Message portion of the sign code amendment amends the restrictions for the B-3, B-4, B-P, I-1, I-2 and I-3 Zone Districts. This amendment also creates provisions for the B-1 and B-2 Zone Districts to allow for EVM signs upon compliance with specific regulations. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Council can refuse to approve the proposed Ordinance. If the proposed Ordinance is not approved, the language of the Ordinances will remain as it is currently and the City may face challenges based upon the constitutionality of the Sign Code. RECOMMENDATION: The Law Department recommends approval of this Ordinance. Attachments: None.