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 <e;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.