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HomeMy WebLinkAbout07436ORDINANCE NO. 7436 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV, AND REPEALING CHAPTER 9 OF TITLE IV, OF THE PUEBLO MUNICIPAL CODE, RELATING TO SIGNS AND THE INTERNATIONAL BUILDING CODE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Section 4 -2 -2 of Chapter 2 of Title IV of the Pueblo Municipal Code, as amended, is amended by the addition of new subsections (x), (y), (z), and (aa) thereto, to read as follows: Sec. 4-2-2. Amendments. (x) Subsection 112.1 of the International Building Code (I.B.C.) is amended to read as follows: "112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, except for those concerning Appendix H of the I.B.C. there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business." (v) Appendix H of the I.B.C. is amended by the addition thereto of a new section H100.1 entitled Board of Appeals." "H100.1 Board of Appeals. In order to provide for reasonable interpretation of the provisions of Appendix H of this code, there is hereby established a Sign Board of Appeals to perform the functions set forth in Chapter 1 of Title IV of the Pueblo Municipal Code, as amended. The Sign Board of Appeals established by Resolution No. 8588 of the City Council shall continue to serve as the Sign Board of Appeals hereunder, and the duly appointed members thereof on the date of passage of the ordinance adopting this provision shall continue on said Board for the remainder of their respective terms." (z) Section H103 of Appendix H of the I.B.C. entitled "Location" is amended by the addition of new subsections H103.2, H103.2.1, and H103.2.2 entitled "Placement or Projection Over Public Property Prohibited." "H103.2 Placement or Projection Over Public Property Prohibited. Unless authorized by revocable permit issued pursuant to Section 16 -9 of the Charter or Sections 9 -10 -87 or 9 -10 -88 of the Pueblo Municipal Code, as amended, and notwithstanding any other provision of this code to the contrary, after the effective date of the ordinance adopting this section, no sign permit shall be granted for, nor shall any sign be placed upon or project over, any public street or alley. Unless authorized by revocable permit or Sections 9 -10 -87 or 9 -10 -88 of the Pueblo Municipal Code, signs shall not be erected upon structures located within the public right -of -way. In the event any sign exists contrary to this provision on the date of enactment of this provision, it shall be deemed a nonconforming structure which shall be either removed or made to comply with subsections H103.2.1 and H 103.2.2." "H103.2.1 Signs or sign structures shall not project into a public alley below a height of 14 feet above grade, nor project more than 12 inches when the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into a public alley when the sign or sign structure is located more than 16 feet above grade." "H103.2.2 Signs shall not project within 2 feet of the curb line of any street or road." (aa) Subsection H110.1 of Appendix H of the I.B.C. entitled "General' is amended by deleting the last sentence of the first paragraph and by adding a second paragraph to read as follows: "H110.1 General. Roof signs shall be constructed entirely of metal or other approved noncombustible material except as provided for in Sections H106.1.1 and H107.1. Provisions shall be made for electric grounding of metallic parts. Where combustible materials are permitted in letters or other ornamental features, wiring and tubing shall be kept free and insulated therefrom. Roof signs shall be so constructed as to leave a clear space of not less than 6 feet (1829 mm) between the roof level and the lowest part of the sign and shall have at least 5 feet (1524 mm) clearance between the vertical supports thereof. [No portion of any roof sign structure shall project beyond an exterior wall.]" Exception: Signs on flat roofs with every part of the roof accessible Roof signs may project over public property only if authorized by revocable permit issued pursuant to Section 16 -9 of the Charter or Section 9 -10 -88 of the Pueblo Municipal Code. Roof signs may project beyond a legal setback line if complying with the requirements specified in Section H103 and Section 17 -4 -31 of the Pueblo Municipal Code." SECTION 2 Chapter 9 of Title IV of the Pueblo Municipal Code as hereby repealed in its entirety: [CHAPTER 9 Signs and Billboards Sec. 4 -9 -1. Uniform Sign Code; adoption by reference. (a) The Uniform Sign Code, 1997 edition, promulgated and published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601 -2298, herein referred to as Uniform Sign Code or U.S.C. as amended by this Chapter, is hereby adopted and enacted by reference and made a part hereof as if set out herein in full. (b) Copies of the U.S.C. are available in the office of the Pueblo Regional Building Department for distribution and sale to the public. Sec. 4 -9 -2. Amendments to Uniform Sign Code. (a) Section 103, ENFORCEMENT, of the U.S.C. is amended by amending Subsections 103.1, 103.3 and 103.4 thereof and by adding a Subsection 103.5 thereto to read as follows: "103.1 Authority. Administration of this code is hereby delegated to the Pueblo Regional Building Department. Wherever in this code the phrase 'building official' appears, it shall be construed to refer to the Director of the Pueblo Regional Building Department or his designated representative. The building official, his designated representative, and such inspectors as the building official may appoint, shall be vested with the authority of a police officer with respect to the enforcement of this code and Chapter 9 of Title IV of the Pueblo Municipal Code, including the authority to issue summons and complaint for the violation thereof. Every person, firm or corporation engaged in the business of erecting or hanging signs which are regulated by the Uniform Sign Code in the City shall be licensed and subject to all provisions of this code relating to Special Contractors." "103.3 Board of Appeals. In order to provide for reasonable interpretation of the provisions of this code, there is hereby established a Sign Board of Appeals to perform the functions set forth in Chapter 1 of Title IV of the Pueblo Municipal Code, as amended. Until and unless the City Council appoints members to the Sign Board of Appeals, the Building Board of Review established by the August 10, 1981, amended agreement between the City of Pueblo, Colorado and the Board of County Commissioners of the County of Pueblo, Colorado shall serve as and constitute the Sign Board of Appeals." "103.4 Violations. It shall be unlawful and a municipal offense for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain a sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of the provisions of this code. Any person, firm, corporation or other entity violating any of the provisions of this code, upon conviction thereof, shall be punished as provided in Section 4 -9 -4 of the Pueblo Municipal Code. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions." "103.5 Additional Provisions. Wherever in this code the term "governing body" is used, it shall mean the City Council of Pueblo. Whenever the phrase "this jurisdiction" is used, it shall mean the area within the corporate limits of the City of Pueblo, and areas beyond the corporate limits which are owned by or under the control or possession of the City." (b) Section 302, APPLICATION FOR PERMIT, of the U.S.C. is amended to read as follows: "SECTION 302 - APPLICATION FOR PERMIT "Application for a sign permit shall be made in writing on forms furnished by the building official. The application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The application shall be reviewed by the zoning administrator for the City of Pueblo prior to submission of the application to the building official, and the zoning administrator shall mark thereon whether the proposed sign would be permitted under applicable zoning requirements. The building official may require the filing of plans or other pertinent information when such information is necessary to ensure compliance with this code. Standard plans may be filed with the building official. In no event shall the building official issue a permit if the proposed sign would violate applicable zoning laws or requirements." (c) Section 304, FEES, of the U.S.C. is amended to read as follows: "SECTION 304 - FEES "A sign permit fee and any applicable plans examination fee shall be paid in accordance with the fee schedule established by resolution adopted by the City Council." (d) Section 403, PROJECTION AND CLEARANCE, is amended by amending subsection 403.5 and deleting subsection 403.6 thereof to read as follows: "403.5 Placement or Projection Over Public Property Prohibited. "403.5.1 Unless authorized by revocable permit issued pursuant to Section 16 -9 of the Charter or Sections 9 -10 -87 or 9 -10 -88 of the Pueblo Municipal Code, as amended, and notwithstanding any other provision of this code to the contrary, after the effective date of the ordinance adopting this section, no sign permit shall be granted for, nor shall any sign be placed upon or project over, any public street or alley. Unless authorized by revocable permit or Section 9 -10 -87 or 9- 10 -88, signs shall not be erected upon structures located within the public right -of -way. In the event any sign exists contrary to this provision on the date of enactment of this provision, it shall be deemed a nonconforming structure which shall be either removed or made to comply with subsection 403.5.2 or 403.5.4 hereof not later than 36 months from the date of enactment of this provision." "403.5.2 Within 36 months of the date of enactment of this section, all existing signs which are nonconforming shall be removed or modified to meet the following requirements: Signs or sign structures shall not project into a public alley below a height of 14 feet above grade, nor project more than 12 inches when the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into a public alley when the sign or sign structure is located more than 16 feet above grade." "403.5.3 In the event any nonconforming sign under this subsection is damaged more than 50% of its value, or the building or structure to which it is attached is destroyed, or if the use of the sign ceases for a period of 6 months or is abandoned, then any right to maintain the nonconforming sign shall be extinguished and it shall be removed forthwith." "403.5.4 Signs shall not project within 2 feet of the curb line of any street or road." (e) Section 803, PROJECTION AND CLEARANCE, of the U.S.C. is amended by amending subsection 803.1 to read as follows: "803.1 Projection. Roof signs may project over public property only if authorized by revocable permit issued pursuant to Section 16 -9 of the Charter or Section 9 -10 -88 of the Pueblo Municipal Code. Roof signs may project beyond a legal setback line if complying with the requirements specified in Section 403 and Section 17 -4 -31 of the Pueblo Municipal Code." (f) Section 303, EXEMPTIONS, is amended by the addition of exemption number 4 to read as follows: "Paper, synthetic or other cloth -type nonrigid banners which have thirty (30) square feet or fewer, located on private property and remain no more than sixty (60) days." (g) Section 401.1, General, is amended by the addition of a new (third) paragraph to read as follows: "Poles and foundations for pole signs between 6 feet and 30 feet above grade may be designed and constructed in accordance with Table 4 -D through Table 4 -1 or by an architect or engineer licensed by the State of Colorado." Sec. 4 -9 -3. Responsibility for damages; liability of City. Except as stated in this Section, the provisions of this Chapter and the U.S.C. shall neither release or discharge nor be construed to release or discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this Chapter. Neither the City, the Pueblo Regional Building Department nor any agent or employee thereof shall be held liable for any injury to persons or damage to property by reason of an inspection or failure to perform any inspection authorized or required by this Chapter or the U.S.C. or arising from any other action or failure to act under this Chapter or the U.S.C. Sec. 4 -9 -4. Offenses; criminal penalties; permit revocation; other enforcement. (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Chapter or of the Uniform Sign Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Building Official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions of this Chapter or the Uniform Sign Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter or the Uniform Sign Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (d) Any permit issued pursuant to the provisions of this Chapter or the Uniform Sign Code may be suspended, terminated or revoked by the Building Official for (1) any of the reasons stated in Subsection 106.4.5 of the Uniform Building Code or (2) any material violation of the terms of said permit or requirements applicable thereto. (e) In the event any owner or occupant of premises within the City shall refuse entry to the Building Official or any building inspector, or if any premises are locked and the Building Official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f) In the event any owner or occupant of premises within the City, or any licensed contractor, or any permittee, shall fail or refuse to comply with any provision of this Chapter, the U.S.C. or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, U.S.C., license or permit. (g) The enforcement remedies set forth in this Section are hereby expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependant upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other.] SECTION 3 Any person who violates any provision of this Ordinance shall be guilty of a municipal offense and shall be punished as provided by Section 4 -2 -5 of Chapter 2 of Title IV of the Pueblo Municipal Code. In addition, the enforcement remedies set forth in Section 4 -2 -5 of the Pueblo Municipal Code shall apply with respect to enforcement of the provisions of this Ordinance. SECTION 4 This Ordinance shall become effective thirty (30) days after final passage and approval. BY Michael Occhiato Councilperson APPROVED: " -- President of City Council ATTESTED BY: CITY CLERK�� INTRODUCED December 27, 2005 PASSED AND APPROVED January 9, 2006 Ordinance No. 7436 i�I.■ L r"- Background Paper for Proposed ORDINANCE ty 13 AGENDAITEM DATE: December 27, 2005 DEPARTMENT: Pueblo Regional Building Department David Vaughn, Director TITLE AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV, AND REPEALING CHAPTER 9 OF TITLE IV, OF THE PUEBLO MUNICIPAL CODE, RELATING TO SIGNS AND THE INTERNATIONAL BUILDING CODE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. ISSUE Should the proposed Ordinance be approved? RECOMMENDATION The proposed Ordinance should be approved. BACKGROUND Due to the adoption of the 2003 International Building Code Appendix H covering Signs, Chapter 9 must be deleted to prevent duplication of the Sign Code. FINANCIAL IMPACT None.