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HomeMy WebLinkAbout07348ORDINANCE NO. 7348 AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF CHAPTER 10 THERETO RELATING TO SIGNS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Title XVII of the Pueblo Municipal Code is hereby amended by the addition of Chapter 10 to read as follows: Section 17- 10 -01. Purpose and intent. 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 of Pueblo. More specifically, this Chapter is intended to: M Enhance and protect the physical appearance of the municipality. Protect property values. Promote and maintain visually attractive, high value residential, retail, commercial and industrial districts. Promote the economic well being of the community by creating a favorable physical image. 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 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 pedestrian and vehicular environment. 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 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. Prohibit all signs not expressly permitted by this Chapter. Curb the proliferation of signs. Section 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. 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: M Any sign displaying a public notice or warning required by a valid and applicable federal, state, or local law, ordinance, or regulation; Flags of any nation, government or non - commercial organization; 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 feet beyond the lot on which the sign is located; Any work of art that does not display a commercial message; Any religious symbol that does not display a commercial message; Any traffic control sign, such as "STOP" or "YIELD," including traffic control signs located on private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message; Signs promoting or identifying an area, location, activity, or event of a state, local government or agency thereof. Product dispensers and trash receptacles; Holiday, community, and community special event decorations that do not display a commercial message; Mascots for educational institutions with primarily academic curricula; Signs on athletic fields and scoreboards intended for on- premises viewing; Construction signs of up to thirty -two (32) square feet; 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. (15) Signs in the public right -of way that comply with the requirements of Section 9- 10-87 of the Pueblo Municipal Code concerning those signs constructed, placed, affixed on any bus stop shelter, building, kiosk, structure or bench upon any street, sidewalk or public right -of -way. Section 17- 10 -03. General rules for all zone districts. The following requirements shall apply to all signs in all zone districts unless otherwise indicated. M All local, state, and federal Laws, rules and regulations including, but not limited to, Chapter 9 of this Code. No provision of this Chapter shall be interpreted as authorizing the erection or maintenance of any sign or display that is regulated under the State of Colorado Division of Highways authorized by Sections 43 -1 -415 and 24 -4 -103, C.R.S. All signs in a commercial or industrial zone district adjacent to the state highway system must obtain a state sign permit if the sign is located in an area within Colorado Department of Transportation (CDOT) jurisdiction. Large scale development performance standard, Section 17 -4 -46, supercede the standards set forth in this Chapter where applicable. No sign shall be placed on any curb, sidewalk, post, pole, hydrant, bridge, structure, tree or other surface located on public property including the posting of handbills except as may otherwise expressly be authorized by this Chapter. Temporary Signs six (6) square feet or less do not require a permit from the Department of Land Use Administration. Section 17- 10 -04. Computations, measurement, rules and definitions. (a) Determining sign area or dimension of signs: M The sign area shall include the face of all the display area(s) of the sign. Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from this Chapter. a. For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three (3) geometric shapes that encompasses the entire area of the sign faces including the background or frame. For a sign comprised of individual letters, figures, elements on a wall, or similar surface of a building or structure, or an irregular shaped freestanding sign; the area of the sign shall be the area of not more than three (3) regular geometric shapes that encompasses the perimeter of all the elements in the display. Up to five (5) percent of the permitted sign area may be considered minor protrusions, and extend outside of the maximum limitation of three (3) geometric shapes and are, therefore, exempted from being included as part of the sign area. a. For freestanding and projecting signs the sign area shall be computed by the measurement of one (1) of the faces when two (2) display faces are joined, are parallel, or are within thirty (30) degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces then each surface shall be included when determining the area of the sign. The height of a freestanding sign shall be measured from the elevation of the edge of the property immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. Determining Building Frontage: M For the purposes of this Chapter and for determining allowable wall sign area, the building frontage shall include the building walls that: face a public street, face a parking lot which serves the use, or that contains a public entrance to the uses therein. For the purposes of these regulations, a public alley is not considered a public street. The building frontage shall be measured along such building wall between the exterior faces of the exterior sidewalls. In the case of an irregular wall surface, a single straight line approximating such wall surface shall be used to measure the wall's length. For multi- occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. (c) Determining Public Street Frontage M The primary frontage shall be the portion of a frontage that serves as the main access point to a building or building unit. In most instances the building frontage is that side on which the property is addressed. The secondary frontage shall be all other frontages. Determining sign setbacks: the required setbacks for the sign shall apply to all elements of the sign including its frame and base. (e) Definitions. For purposes of this Chapter the following words shall have the meaning herein set forth: M Abutting. Having a common border with or being separated from such a common border by a right -of -way, alley, or easement. Architectural feature. 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 serves a functional purpose, or when the stripes or other painting techniques are applied to a building provided such treatment does not include lettering, logos or pictures. Building frontage. The length of any side of a building or store which fronts upon a public street, a customer parking area, or pedestrian mall, and which has one or more entrances to the main part of the building or store. Building wall. 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(s) are not being contemplated. Examples of building walls include: awnings, canopies, marquees, the vertical portion of gable roofs, and parapets. Canopy. A roof like cover, or a free- standing or projecting cover above an outdoor service area, such as at a gasoline service station. A marquee is not a canopy. Flag. Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporate or commercial entity, or institution. A corporate or 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. Nonresidential business use. A commercial establishment whose activity is at a scale greater than a home occupation, examples of nonresidential business use include office, service, and retail shops. Residential business use. A business whose primary service is for the lodging of quests or care of children, (for example: hotel, bed and breakfast, childcare center and similar uses) or whose activity is not at a scale greater than home industry. Sign. 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 or commodity or 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. Sign, abandoned. A sign pertaining to or associated with an event, business, or purpose which is no longer ongoing and which has been inactive or out of business for a period of 180 consecutive days or longer; or a sign which contains structural components but no display for a period of 180 consecutive days or longer Sign, advertising (off - premise). 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. Sign, animation. 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 or bands of light, or expanding or contracting shapes. Sign, animated (moving). Any sign having a conspicuous and intermittent variation in the physical position of any part of the sign. Inflatable devices are excluded. Sign, banner. A sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a building or other structure at one or more edges. Sign, billboard (off - premise sign). A sign structure advertising an establishment, merchandise, event, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located. Any other outdoor advertising prohibited by the provisions of Section 43 -1 -415 C.R.S. and Section 24 -4 -103 C.R.S. Sign, freestanding, — A sign supported from the ground and not attached to any building. A freestanding sign may be supported by one or more poles or structures. For the purposes of this Chapter a monument sign is not considered a freestanding sign. Sign, high rise. A freestanding sign that exceeds fifty (50) feet in height. Sign, inflatable. 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. Sign, instructional. A sign that has a purpose secondary to the use on the premises 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. Sign, monument. A sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles. Sign, multiple tenant. A sign that serves as a common or collective identification for two or more uses on the same premises. Sign, on -site shopping center. 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. 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 - premise) signs. Sign, perimeter wall. A permanent on- premise sign fastened to or painted on a wall at the perimeter of a subdivision identifying a vehicular entrance, residential complex, or institutional use. Sign plate. 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. Sign, pole. 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. Sign, portable. Any sign designed to be transported on wheels, skids, runners, brackets, or has a frame to which wheels, skids, runners, 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 utilitv trailers (less than 2,000 pounds empty weight) or vehicles, which include signs which are visible from the public right- off -way unless such vehicle is used in the normal day to -day operations of the business. Sign, projecting. 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. Sign, roof. 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. Sign, structure. The supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single- faced, double -face, or V -type, or otherwise. Sign, temporary. A sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, structure or permanently installed in the ground. 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. Sign, wall. 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. 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 are not legible from a distance of more than three feet beyond the building lot on which such sign is located. (33) Trailer. Any wheeled vehicle, without motive power and having an empty weight of more than two thousand 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 17- 10 -05. Sign Standards (a) Residential: R -1, R -2, R -3, R -8 Type Maximum Number Maximum Area Maximum Height Monument Sign Prohibited Free Standing Prohibited Sign Building Address 1 per dwelling unit 2 sq. ft. Sign Plates Signs for Subdivision Identification 2 per subdivision entrance 48 sq. ft. 6' _ Subdivision Identification on Unlimited 2 sg.ft. per linear foot of Restricted to height of wall wall Subdivision Perimeter Wall (b) Residential: R4, R -5 Type Maximum Number Maximum Area Maximum Height Monument Sign 1 per development 48 sq. ft. 6' entrance Free Standing Prohibited Sign Building Address 1 per public entrance to 2 sq. ft. Sign Plates building Signs for Subdivision Identification Prohibited (c) Manufactured Home Park: R -7 Type Maximum Number Maximum Area Maximum Height Monument Sign 1 per development 48 sq. ft. 6' entrance * Free Standing 1 per development 48 sq. ft. 12' Sign entrance * Building Address 1 per public entrance 2 sq. ft. Sign Plates Park Identification on Unlimited 2 sq. ft. per lineal foot of Restricted to'/ height of wall wall Park Perimeter Wall Notes: * Both types of signs (monument and freestanding) are not permitted at the same time (d) Nonresidential Commercial Use: R4, R -5, R -6 Type Maximum Number Maximum Area Maximum Height Monument Sign 1 * 48 sq. ft. 6' Freestanding 1* 80 sq. ft. 16' Sign For Development < 40,000 sq. feet Freestanding 1 per frontage* 150 sq. ft. 1 per building frontage, 20' Sign For Large Scale Development primary and secondary > 40,000 sq. feet Building Address 1 per address 2 sq. ft. Sign Plates Wall Sign Unlimited 2 sq. ft. per lineal foot of Height of building building frontage Note: * Both types of signs (monument and freestanding) are not permitted at the same time (e) Residential Business Use R-4, R -5 (Hotel, B &B, Daycare Center, and similar uses) Type Maximum Number Maximum Area Maximum Height Permitted Monument Sign 12 sq. ft 6' Freestanding Prohibited _ Building Address 1 per address 2 sq. ft. Sign Plate Wall Sign Unlimited 1 sq. ft. per lineal foot of Limited to height of wall building frontage (f) Neighborhood Office District: 0-1 Type Maximum Number Maximum Area Maximum Height Additional Requirements Sign Plate 1 per address 2 sq. ft. Wall Sign on Unlimited 1 sq. ft. per lineal Limited to height of wall Primary Frontage foot of primary building frontage Wall Sign on Unlimited 1 sq. ft. per lineal Limited to height of wall Secondary Frontage foot of secondary building frontage Freestanding 1 permitted (see additional requirements) 80 sq. ft. 16' If property abuts residential use Sign on only one (1) side then one (1) free standing sign or one (1) monument sign is permitted for individual or multiple tenants. Both types of signs on the same lot are not permitted Monument Sign A. Multiple tenants 48 sq. ft. 6' If property abuts R -1, R -2, R -3 200 sq. ft. permitted on one (1) Zone Districts on two sides then monument sign. Only (1) sign permitted only monument signs are allowed. Free standing signs are not on site (see additional requirements) permitted in this scenario Special Sign District these monument sign 48 sq. ft. 6' high* B. Individual tenant identification monument signs are permitted. Only (1) sign permitted 48 sq. ft. 4' If property abuts R -1, R -2, R -3 Zone Districts on two sides then only monument signs are allowed. per tenant, cannot have Free standing signs are not monument sign and wall permitted in this scenario sign (see additional requirements ) (g) Nonresidential Districts: (B -1, B -2, B -3, 134, B- P,1- 1,1- 2,1 -3, ) Type Maximum Number Maximum Area Maximum Height Additional Requirements Sign Plate 1 per address 2 sq. ft. Free Standing 1 * 200 sq. ft. 30' If Property abuts R -1, R -2, or R -3 Sign (Unless Propert y Zone Districts on two (2) or more sides; Freestanding sign is limited is located in a to 80 sq. ft. & 16' high or one (1) Special Sign District these monument sign 48 sq. ft. 6' high* regulations apply. see 17- 10 -06) Monument Sign 1 100 sq. ft. 10' Type Maximum Number Maximum Area Maximum Height Additional Requirements Development Unlimited 2 sq. ft. per lineal Limited to height of wall Identification of foot of wall Development Perimeter Wall Multiple Tenant 1 shared sign per street 800 sq. ft. 30' Freestanding Sign Two (2) or frontage More Business (Unless Propert y is located in a Special Sign District these regulations apply. see 17- 10 -06) Wall sign On Unlimited 2 sq. ft. per lineal Limited to height of wall Primary Frontage foot of primary frontage (a)(b) Wall sign On Unlimited 2 sq. ft. per lineal Limited to height of wall Secondary Frontage foot of secondary frontage (a)(b) Projecting Signs 1 20 sq. ft. Not less than 8' 5' Maximum projection between bottom of sign and grade & not over 16' high nor extend above roofline Island Canopy Unlimited 1.5 sq. ft. per lineal Approved Canopy Height foot of building frontage Roof Sign Unlimited 1.5 sq. ft. per lineal Sign, not to extend above roof line foot of building frontage Free Standing One (1) per franchise in 100 sq. ft 25' Signs Auto Dealership addition to the primary siqn for the dealership Type Maximum Number Maximum Area Maximum Height Additional Requirements Spacing Between Signs Free Standing 1 300 sq. ft. 65' If property is adjacent to 1 -25 and "High Rise" Sign another frontage then one (1) Along 1 -25 additional low profile sign is permitted at 125 sq. ft. & 25' high 400 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 two (2) square feet for each lineal foot of frontage. (b) The maximum building sign area for a building or any portion of the building that is setback more than 200 feet from the right -of -way that provides primary access to the site may be increased by 25 %, provided the building is visible from the street * Both types of signs (freestanding and monument) are not permitted on the same lot at the same time if property abuts an R -1, R -2, or R -3 zone district on two (2) or more sides (i) Off - premise Advertising Zone District Maximum Number Maximum Area Maximum Height Spacing Between Signs Per Lot R -6 300 30' 300' A -1, A -2, 1- 1,1- 2,1 -3, 400 40' 300' Note: Spacing determined by CDOT along State and Federal highways All existing legal nonconforming signs shall continue as legal non - conforming cap — (24) additional bill board structures and faces over the next (5) years. cap is subject to review by City Council every (5) years Bill board structures and faces that are removed and relocated to another location shall be exempted from the cap lil Temporary Signs Type Maximum Number Maximum Area Maximum Comments Height All Districts 2 6 sq. ft. 6' Vacant Parcels 1 per street frontage 32 sq. ft. 6' Event Banner 75 sq. ft. Requires Revocable Permit under Section 9 -10 -88 when installed in the public right -of -way Portable Signs 1 32 sg. ft. In the absence of a revocable (k) Instructional Signs: All Districts Intent Compliance Exemption Instructional signs intended for instructional purposes shall be permitted permit, temporary & portable signs are not permited in the public right - serve the intended instructional purpose, not base of a permitted freestanding as needed on a lot in a residential district to exceed six (6) sq. ft. in area. b. The number of instructional signs located sign without the area of such of -way instructional sign, or the background, being considered as or non - residential use provided such on the site are the minimum needed to serve signs comply with a, b, or c (under the intended instructional purpose C. Notes: "Compliance ") The display of signage carried by a person shall not be considered a temporary sign and shall not require a revocable permit in the public right of way attention beyond the perimeter of the site Political signs shall be posted not more than ninety (90) days prior to the election to which the signs relate and shall be removed fifteen (15) days following the election for which the signs relate Sales/ advertising / business signs — maximum time allowed is seven (7) days per month Event, banner or sign shall be removed within seven (7) days after event Real estate signs shall be removed seven (7) days after property sale closing Temporary signs shall not be illuminated (k) Instructional Signs: All Districts Intent Compliance Exemption Instructional signs intended for instructional purposes shall be permitted a. The signs are not larger than necessary to The signs may be placed on the serve the intended instructional purpose, not base of a permitted freestanding as needed on a lot in a residential district to exceed six (6) sq. ft. in area. b. The number of instructional signs located sign without the area of such when the lot is devoted to a multi - family instructional sign, or the background, being considered as or non - residential use provided such on the site are the minimum needed to serve signs comply with a, b, or c (under the intended instructional purpose C. part of or added to the area of the "Compliance ") The signs are not located or designed to be freestanding sign 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 propert y Entrance and exit signs, which are permitted in addition to the above freestanding signs, shall be limited to two 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 thirty (30) feet Lines (1) Display of commercial flaps Display of commercial flaps. In all Districts, a maximum of three (3) flagpoles may be erected on any parcel provided that A maximum of three (3) commercial flags may be displayed simultaneously: The maximum height or length of the flag pole shall be thirty (30) feet; and The total maximum size of all commercial flags displayed shall not exceed one hundred twenty (120) square feet, subject to the total maximum (aggregate) size of commercial flags, a commercial or non - commercial organization may display alongside a national or governmental flag, one organizational flag not larger than the national or governmental flag; 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): Supplemental standards: residential, neighborhood office, and non - residential Type Type Free Standing & Wall Signs In All Districts External Illumination a. Height of six (6) feet or less may be illuminated from the ground or the top b. Externally illuminated signs shall be illuminated from the top if more than 6 feet in height C. Light sources must be shielded and directed only on the sign to minimize illumination beyond the sign Animated or Prohibited Moving Preservation of Sight Sight Triangle For the purpose of assuring that drivers and pedestrians have adequate visibility at Lines the intersection of a roadway, street, driveway, trail, or alley, no sign or portion of a sign between a height of two (2 ) feet and eight (8) feet shall conflict with the American Association of State Highway and Transportation Officials (AASHTO) Sight Distance Triangle specifications Section 17- 10 -06: Special sign districts Special sign districts have been established to prescribe special regulations to modify or supplement the regulations of the general district in recognition of distinguishing circumstances while maintaining the character and purposes of the general use district area over which it is superimposed. (See attached map descriptions in appendix A) Type Maximum Number Maximum Height Maximum Area Per Sign Permitted District 1 Freestanding "High Rise" 1 75' 300 sq. ft. If property is adjacent to 1 -25 and Signs Properties Fronting on Elizabeth From HWY 50 to another frontage an additional (1) low Dillon Drive profile sign is permitted at 125 sq. ft. & 25' high District 2 Freestanding "high rise" 1 75' 300 sq. ft. If property is adjacent to 1 -25 and signs from Dillon Drive south to HWY 47 within 1100' east of 1 -25; and only those properties another frontage an additional one (1) sign is permitted at 125 sq. ft. & 25' hiqh adjacent to 1 -25 & Frontage 300 sq. ft. Road from HWY 47 to 29`" Street District 3 Freestanding "high rise" 1 75' signs from Streeter Avenue alignment south along Lake Avenue to 1 -25 and closing boundary North along 1 -25 to Streeter Avenue alignment District 4 Freestanding signs on 1 50' 300 sq. ft. properties adjacent to HWY 50 west of I -25 District 5 Freestanding signs all other streets 1 * 30' 200 sq. ft. If property abuts R -1, R -2, or R -3 zone districts on two (2) or more sides; freestanding sign is limited to 80 sq. ft. & 16' high or one (1) monument sign 48 sq. ft. 6' high Note: * Both tVpes of sign (freestanding and Monument are not permitted on the same lot at the same time if propertV abuts R -1 R- 2, and R -3 on two (2) or more sides Section 17- 10 -07. Prohibited signs. The following signs and sign structures are prohibited: M Roof signs that extend above the roof line. Off - premise signs except for permitted billboards. Signs that mechanically alter their physical position in space. Signs attached to antennae or towers except for warning signs and identification placards. Signs which contain statement(s), word(s), or picture(s) describing or depicting sexual activities or sexually explicit anatomical areas. 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. 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. Signs erected after adoption of this Chapter that do not comply with the provisions of this Chapter. Signs in, on, over, or above the public right -of -way without a revocable permit therefore. Parked motor vehicles and / or trailers intentionally located so as to serve as an advertising device for a use, product, or service. Revolving beacon lights. Section 17- 10 -08. Regulations for nonconforming signs. (a) A legal nonconforming sign shall immediately lose its legal nonconforming status, and thereafter shall be brought into conformance with this Chapter or removed, when any of the following occur: M The size or shape of the sign is changed. The sign structure is altered. Alteration does not include repairs and /or maintenance. (3) The legal nonconforming sign is accessory to a nonconforming use that has lost its nonconforming status. (4) A land use application has been filed to change the use or dimension of the subject property. A nonconforming sign shall not be structurally altered, relocated or replaced unless the sign is brought into compliance with the provisions of this Chapter. (c) If a sign and /or sign structure are damaged to the extent that the repair cost exceeds fifty (50) percent of the replacement cost of the sign or sign structure, the sign or sign structure shall be removed or brought into compliance with the provisions of this Chapter. If the repair costs do not exceed fifty (50) percent of the replacement cost of the sign or sign structure, the Administrative Official may authorize the sign or sign structure to be repaired, provided all repair work is completed within ninety (90) days, (subject to the Administrative Official extending the time for good cause), of the date the Administrative Official determines the sign or sign structure requires replacement or authorizes repairs. In no event may a sign be maintained in an unsafe condition. The Zoning Board of Appeals shall have the power to grant an extension to the time of removal of a nonconforming sign or sign structure required by this Section. In evaluating a request for an extension of time for removal of a nonconforming use, the Zoning Board of Appeals shall consider, the following factors to determine whether the owner of the sign or sign structure has had reasonable amount of time to recoup its investment: M The value of the sign or sign structure at the time of construction and the length of time the sign has been in place; The life expectancy of the original sign or sign structure and its salvage value, if any; The amount of depreciation and /or amortization of the sign or sign structure already claimed for tax or accounting purposes; The length of the current tenant lease or expected occupancy compared to the date the sign or sign structure is to be brought into compliance; The extent to which the sign or sign structure is not in compliance with the requirements of this Chapter; and, The degree to which the Board determines that the sign or sign structure is consistent with the purposes and intent of this Chapter. Section 17- 10 -09. Construction Standards. (a) Signs shall be structurally sound and located so as not to pose any threat to pedestrian or vehicular traffic. Non - temporary signs shall be fabricated on and of materials that are of good quality and durability. (C) Electric signs and all non - temporary signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks. No sign shall be erected in such a way as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress and egress of any building. (e) No sign shall be attached to a utility pole, tree, trash receptacle, or other structure not intended or approved as a sign support. ff) Temporary signs shall be durable and weather - resistant and fastened or anchored sufficiently to remain in place whether attached to the building or positioned in the ground. Lq)_ No sign regulated by any of the provisions of this Chapter shall be erected in the right -of -way, in proximity to railroad crossings, or at the intersection of any streets in a manner to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign signal or device; or which makes use of the words "STOP," "LOOK," "DANGER," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. In the event there is a conflict between the provisions of this Section and the rovisions of anv applicable buildina or sian code the more restrictive or hiaher standard shall control Section 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. All sign 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 sign which advertises a business that has not been conducted on the premises for one 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. 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: The sign base and sign structures are not altered or remodeled; The sign and sign structures are not enlarged or increased; and, The sign is accessory to a legally permitted, conditional or nonconforming use. Section 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. _ 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: M Easements and /or rights -of -w a a. Setbacks — distance to property lines from buildings, parking areas, and driveways; IL. 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. Free standing 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. Applicant shall provide drawings or pictures, at a minimum size of (8.5 X 11), showing proposed building signs, sizes, square footages, placemen, elevations, and dimensions for all existing signage. 4. Other requirements adopted by the Department of Land Use Administration to comply with this Section. The Administrative Official shall review and act on the sign applications for non - temporary 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 Historic Preservation Commission. These criteria provide for Historic Sign status for signs that are: M Associated with historic figures, events or places. Significant as evidence of the history of the product, business or service advertised. 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. Characteristic of a specific historic period, such as gold leaf on glass, neon, or stainless steel lettering. 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 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. Outstanding examples of the sign maker's art, whether because of their excellent craftsmanship, use of materials, or design. Local landmarks, that is, signs recognized as popular focal points in a community. Elements important in defining the character of a historic district, such as marquees in a theater district. Section 17- 10 -12. Variances and appeals (a) The Zoning Board of Appeals shall have power to authorize variances from the terms of this Chapter with respect to maximum sign area., maximum sign height, sign location, and the number of signs located on a parcel. In evaluating a request for a variance to the maximum sign height, the Zoning Board of Appeals may consider whether there are special topographical circumstances that would result in a material impairment of visibility of the sign from the adjacent roadway which significantly diminishes the sign owner or user's ability to communicate adequately and effectively with the public through the use of the sign. (c) The Zoning Board of Appeals may not grant a variance which exceeds the specific requirement of this Chapter by more than twenty -five (25) percent. Any person aggrieved by any decision of the Administrative Official concerning the interpretation or administration of this Chapter may appeal such decision to the Zoning Board of Appeals in the time and manner provided in section 17 -5 -22 of this Code. Section 17- 10 -13. Enforcement, violations and penalties. (a) The Administrative Official is authorized to enforce a final order to remove, alter or repair a sign or sign structure. All costs incurred in enforcing such order shall be paid by the responsible party within thirty (30) days after notification of such costs. All unpaid costs together with interest thereon at the rate of ten (10) percent per annum shall, upon recording in the offices of the Pueblo County Clerk and Recorder a statement under oath of the City Manager showing the cost of such enforcement and describing the parcel upon which the sign or sign structure is located, be and constitute a perpetual lien on such parcel having priority over all other liens except general property taxes. Such lien shall remain in full force and effect until such costs and interest have been paid in full. The remedies of the City hereunder and under this Chapter and Title shall be cumulative. The sign owner and the owner of the parcel upon which a sign is located shall be jointly and severally responsible for the sign and sign structure. (c) Any person violating any provision of this Chapter shall be punished as provided in section 17- 7-3 of this Title. Section 17- 10 -14. Short title. This Chapter shall be known and cited as the "Pueblo Sign Code." Section 17- 10 -15. Appendix A. SECTION 2. The adoption of this Ordinance and the Pueblo Sign Code shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or the Pueblo Sign Code. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the City of Pueblo or its officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Pueblo Sign Code. Nothing in this Ordinance or the Pueblo Sign Code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24- 10 -101, et seq., C.R.S. or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or its officers, employees or agents. SECTION 3. In any part, section, subsection, sentence, clause or phrase of this Ordinance or the Pueblo Sign Code hereby adopted is for any reason determined to be unenforceable or invalid, such determination shall not affect the validity and enforceability of the remaining portions of this Ordinance and the Pueblo Sign Code. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED July 11, 2005 BY Michael Occhiato Councilperson APPROVED: PREMENT 9F CITY CPJPIL ATTESTED BY: CITY CLERIC PASSED AND APPROVED July 25, 2005