HomeMy WebLinkAbout08080•;t ►T► ►• :8 :t
AN ORDINANCE AMENDING SECTION 5, CHAPTER 10
OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO TEMPORARY SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(brackets indicate matter being deleted, underscoring indicating matter being added)
SECTION 1.
Subsection Q) of Section 5, Chapter 10 of Title XVII of the Pueblo Municipal Code
is hereby amended to read as follows:
Q) Temporary Signs
Type
Maximum
Maximum
Maximum
Additional
Number
Area
Height
Requirements
All
2
6 sq. ft.
6'
districts
Vacant
1 per
32 sq. ft.
6'
parcels
street
frontage
Event
75 sq. ft.
Requires
Banner
revocable
permit under
Section 9 -10-
88 when
installed in the
public right -of-
way
Portable
1
32 sq. ft.
In the absence
signs
of a revocable
permit,
temporary and
portable signs
are not
permitted in
the public
right -of -way
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.
Political signs shall be posted not more than 90 days prior to the election to which the
signs relate and shall be removed 15 days following the election to which the signs
relate.
Sales /advertising /business signs- maximum time allowed is 7 days per month.
Event, banner or sign shall be removed within 7 days after event.
Real estate signs shall be removed 7 days after property sale closing.
Temporary signs shall not be illuminated.
Q) Temporary Signs
District
Maximum total
Maximum height for freestanding temporary
signs
area of
permitted
signaqe per
parcel
R -1, R -2, R -2U, R -3, R-
33 square feet
5 feet
4, R -5, R -6, R -7, R -8
and RCN and CCN
A -1, A -2, A -3, A -4, 0-1,
66 square feet
8 feet
B -1, B -2, B -3, B -4, 1 -1,
1 -2, and 1 -3
Notes:
1. The display of hand -held signaqe 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 7 days after
the event.
5. Real estate signs shall be removed 7 days after property sale closing.
6. Temporary signs shall not be illuminated.
SECTION 2.
This Ordinance shall become effective immediately after final passage and
approval.
INTRODUCED: September 14, 2009
BY: Michael Occhiato
COUNCILPERSON
APPR D' } �,
PRESIDENTaf City Council
A77TSTED DY:
CITY CLERK
PASSED AND APPROVED: September 28, 2009
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -13
DATE: SEPTEMBER 14, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING SECTION 5, CHAPTER 10 OF TITLE XVII OF THE
PUEBLO MUNICIPAL CODE RELATING TO TEMPORARY SIGNS
ISSUE
Should the City Council amend Subsection (i) of Section 5, Chapter 10 of Title XVII of
the Pueblo Municipal Code relating generally to Temporary Signs and more specifically
Political Signs?
RECOMMENDATION
The Planning and Zoning Commission, at their August 12, 2009 Regular Meeting, voted
5 -0 to recommend approval.
BACKGROUND
Questions have been raised over the constitutional validity of the existing political sign
regulations. Court decisions have struck down Ordinances that restricted the number of
political signs and duration of display prior to an election (Municipal Law Highlights -2004
by James N. Tallberg, Esq. and Updike, Kelly & Spellacy, P.C.). Tom Jagger, City
Attorney, requested that the sign code be amended subject to the following four general
guidelines:
1. Insure that temporary commercial signs are not treated more favorably than political
signs.
2. No restrictions be placed on the maximum number of political signs allowed on
individual parcels.
3. No restrictions be placed on the maximum days of display for political signs prior to
an election.
4. Do not make a distinction between occupied and vacant properties for the purposes
of displaying temporary signs.
The proposed Ordinance continues to define political signs as temporary signage;
however the restrictions pertaining to political signs and temporary signs have changed
in such a way as to prevent favorable treatment for commercial signage. The existing
code limits temporary signs, including political signs, to two signs per parcel for
occupied land and one sign for vacant parcels. The proposed Ordinance establishes a
maximum total area, instead of a maximum number, for all temporary signs, including
political signs, on all parcels regardless if they are vacant or occupied. The Ordinance
also eliminates the restriction that political signs not be displayed more than 90 days
prior to the election. The Ordinance continues to require that all political signs be
removed within 15 days following the election.
Amending political sign regulations inherently changes the nature of all temporary sign
regulations. Because of this, a maximum total area as opposed to a maximum number
will limit all temporary signs. The temporary signs will also be subject to a maximum
height. A distinction has been made between signs for off - premise, retail, wholesale, or
services and signs announcing an event or function. The proposed Ordinance restricts
the display of off - premise advertising retail /wholesale or service signs to a maximum of
seven (7) days per month. Signs advertising an event or function are not allowed to be
displayed for more than 21 days prior to the event or function and must be removed
seven (7) days after the event.
FINANCIAL IMPACT
None.