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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.