HomeMy WebLinkAbout2017 Ordinance No. 031ORDINANCE NO. 31
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13: SIGNS; TITLE 16,
CHAPTER 11, SECTION 2: DEFINITION OF WORDS, TERMS, AND PHRASES; AND
TITLE 15, CHAPTER 16, SECTION 3: SIGNS OF THE ENGLEWOOD MUNICIPAL
CODE 2000.
WHEREAS, on September 12, 2012 Englewood City Council adopted Ordinance No. 47,
Series of 2012 authorizing amendments to Title 16, Chapter 6, Section 13 entitled Signs in the
Unified Development Code; and
WHEREAS, in June 2015, the U.S. Supreme Court ruled in Reed v. Town of Gilbert. Arizona
that portions of content-based sign codes violate the First Amendment. The ruling impacted
numerous municipal sign codes, including the City of Englewood's sign code; and
WHEREAS, the Supreme Court held that treating various signs differently based on the
information or message conveyed was a violation of the First Amendment to the United States
Constitution; and
WHEREAS, to bring the City of Englewood sign code into compliance with the ruling in
Gilbert, the proposed amendments were made and given to the Englewood Planning and
Zoning Commission; and
WHEREAS, on July 19 and August 15, 2016, the Englewood Planning and Zoning
Commission held a public hearing on the proposed sign code amendments and voted 5-0 to
forward the proposed amendments to the Englewood City Council with a favorable
recommendation for adoption.
WHEREAS, on May 1, 2017 the Englewood City Council held a public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 6, Section 13 entitled Signs of the Englewood Municipal Code 2000, to read as
follows:
16-6-13: Signs
A. Administration. This Section of the Englewood UDC shall be known and hereafter referred to
as the "Englewood Sign Code" or "Sign Code."
The City of Englewood recognizes that signs are a useful means of visual communication for
the convenience of the public and for the efficient communication of commercial and
noncommercial speech. The City is also aware of public concern for adopting and enforcing
sound practices, including the control of signs, to protect public safety and welfare, as well as
the appearance and economic value of the City's visual environment.
1. Purpose. It is the purpose of this Section to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements on the premises where such signs are located. These sign
regulations are intended to:
a. Provide a reasonable balance between the right of individuals and businesses to identify
and support themselves and the right of the public to be protected against the visual
discord resulting from unrestricted proliferation of signs and similar devices.
b. Encourage signs that are well-designed, legible, constructed of durable materials
appropriate to an urban setting and appropriate to the uses permitted as well as
compatible with their surroundings.
c. Protect the public from hazardous conditions that result from signs that obscure the
vision of motorists, and/or compete or conflict with necessary traffic regulatory devices.
d. Provide procedures for the administration of this Section.
e. ReqlliFe that signs •nhicR advertise OF identify a l!Se OF a tmsiness no longer in operation
be terminated.
~ e.. Ensure that the constitutionally guaranteed right of free speech is protected.
2. Applicability.
a. These regulations shall apply to all new signs erected or installed after the effective
date of this Section and shall govern and control the display, construction, erection ,
alteration, remodeling , enlarging, moving or maintenance of all signs permitted within
the City.
b. /\ sign may be erected, altered and maintained only for a permitted l!Se in the district in
which the sign is located.
G. Signs sRall be located on the same parcel as the permitted use.
Eh b.. If there is a conflict between the regulations in this Section and any other ordinance or
regulation, the more stringent regulation shall apply.
3. Sign Permits.
a. Sign Permit Required. A Sign Permit shall be required to display, erect, construct.
move , or alter any sign in the City except:
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(1) Signs exempt from Sign Permits in compliance with Section 16-6-13(6) EMC
(Incidental Signs Allowed Without Sign Permit).
(2) On-site accessory signs and advertising devices pursuant to 16-6-13(G)(1) EMC
(On-Site Accessory Signs and Advertising Devices).
(3) Changing or replacing the copy on an existing sign, provided the copy change
does not change the shape, size, location or nature of the sign or sign support, or
render the sign in violation of this Section.
(4) Maintenance on an existing sign provided no structural changes are made to the
sign.
b. Sign Permit Alterations. When a Sign Permit has been issued by the City, it shall be
unlawful to change, modify, alter or otherwise deviate from the terms or conditions of
said Permit without prior approval of the City.
(1) If a sign is found not to be in accordance with the terms or conditions of an approved
Sign Permit, the City shall issue a Correction Notice. The applicant shall have five
(5) days to bring the sign into compliance.
c. Application for Sign Permit. Application for a Sign Permit shall be made on forms
furnished by the City. The application shall be accompanied by a site plan and detailed
drawings indicating the dimensions, location, engineering standards and other
information as required speoifieel in the E-n~eweed 1Jtu&trat6£J SigR MaRuat.
d. Sign Permit Review. The City shall, within five (5) working days of the date of the Sign
Permit application, either approve or deny the application or refer the application back
to the applicant in any instance where insufficient information has been furnished.
(1) Appeals. Appeals relating to Sign Permits shall be made to the Board of
Adjustment and Appeals pursuant to 16-2-18 EMC-(Appeals), except under
those Subsections whereby the Planning and Zoning Commission is authorized to
hear an appeal.
e. Sign Permit Fees. A permit fee, in accordance with the fee schedule established by City
Council, shall be paid to the City for each Sign Permit issued under this Section.
4 . Enforcement. It shall be unlawful to display, construct, erect, alter, remodel, enlarge,
move, or maintain a sign in violation of the provisions of this Section. If any sign is found
to be in violation of the provisions of this Section, such violation shall constitute a nuisance
to be abated in the manner provided in 16-10 EMC-(Enforcement and Penalties).
5. Sign Maintenance. Sign maintenance is the repair or replacement in-kind of individual
sign components including copy panels and bulbs, paint or other finishes . This definition
shall not include the replacement of metal or wood cabinets, structural faces, supporting
structural members, primary uprights, posts and poles, electrical wiring, or the sign in its
entirety.
a. Every sign, including signs not requiring a Sign Permit and nonconforming signs, shall
be maintained in a neat and orderly condition, and in good working order at all times.
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b. Responsible Party. The owner of a sign and the owner of the premises on which such
sign is located shall be jointly and severally liable to maintain such sign.
6. !sflasti1.ie SlgR6. ft.ny sign identifying or adi.iertising a business, owner, tenant, proauct,
seP1ice or aoti11ity tl:lat !:las not been locatea on tl:le premises fer a J'IOriod of tl:lirty (30~ days
or more sl:lall be declared an inacti-.,e sign.
a. lnacti>Je signs sl:lall be removed, covered or !:lave their copy obscurea.
b. lnastive signs shall be sl:lbjeot to enfereernent J'lro11isions of Section 16 10 EMC
(enfo,eemeRt aRd PeRaWes}.
s. ~espeRs.isle .Rarl)'. The owner of a sign and the ov,ner of the J)remises on which such
sign is located shall be jointly and se\lerally resJ)onsible fer the rerno\lal, co 1Iering or
obscl:lring of an inacti•Je sign.
+: .6. Nonconforming Signs. See Section 16-9-5 EMC -(Nonconforming Signs).
8:-L Sign Variances. See Section 16-2-16(F)(2) EMC -(Sign Code Variances).
9-. 8. Substitution Clause. To ensure commercial and non-commercial signage is afforded
equal protection under the Englewood Municipal Code, any sign authorized in this Section
may contain either commercial or non-commercial copy.
40-:-9. Sign Definitions. See Section 16-11-2 EMC-(Definition of Words, Terms and Phrases).
Note: Many terms are listed under the word usign", i.e. Sign, Awning or Sign, Ground.
B. Incidental Signs Allowed Without Sign Permit. The following signs are allowed in all zone
districts and are exempt from the Sign Permit requirements of Subsection 16-6-13(A)(3) -EMC
(Sign Permits). Such signs shall be in addition to all other signs permitted in any zone district
in which they are located, provided such signs meet the conditions of this Subsection. Any
sign not meeting the conditions of this Subsection shall require a Sign Permit and shall be
included in the calculations for total allowable sign area and maximum sign number.
Incidental signs allowed without a Sign Permit shall not conflict with traffic regulatory devices;
be located within a sight distance triangle; extend or project over any property line, or into the
public right-of-way. In addition such signs, except holiday decorations and scoreboards, shall
not flash, blink, or fluctuate and shall not be animated .
1. Address. Signs identifying the address of a dwelling unit or of an establishment:
a. All Residential Districts. Maximum two (2) square feet in area.
b. Medical, Business, and Industrial Districts. Maximum thirty-two (32) square feet in
area.
2. Bulletin Boards and Kiosks. Bulletin beards and kiosks fer J)Ublic, sl=laritable, or religious
institutions, Properties with a minimum of 24,000 square feet of lot area in Residential Zone
Districts. or any size property within Medical. Commercial or Industrial Zone Districts may
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have one '1} bulletin board or kiosk which ai:e ~ not over twelve (12) square feet in area,
and which ai:e jg located on the premises of said institutions.
3. Cafe Table Umbrellas.
4. Cornerstones and Plaques. Cornerstones cut into a masonry surface or inlaid so as to be
part of the building. Commemorati11e J:!laques or tablets memorializing a J3erson, e11ent,
strueh,1re, or site.
5. Drive-Thru Man1:1 BoaFSB ~-A use 1•♦.1itl:i a drive-thru facility may have two (2) ~
9GafEi signs along the drive-through lane, provided that each menu board sign is limited to
one face and shall not:
a. Exceed eight feet (8') in height, and
b. Exceed thirty-five (35) square feet in area.
e. e.'ection S.'gns. Eleetion signs sl:iall not be posted more tl:ian forty five (45) calendar days
prior to tl:ie eleetion to wl:iiel:i tl:ie sign relates, and sl:iall be remo11ed within fifteen (15)
ealendar days following the election to whieh the sign relates. Such signs are limited to
wall, winelotit,•, and grounel signs; anel shall not be a banner or paper er clotl:i. eaeh eleetion
sign shall not e:xceeel t\•,1el11e (12) square feet of total sign area.
+-: a, Flags. Flags of nations or an organization of nations, states, and cities, provided such
flags:
a. Shall not exceed thirty-five (35) square feet in area,
b. Total number of exempt flags shall not exceed five (5) flags.
8. Garage Sale Signs. Signs pursuant to Section 15 1Ei 3 EMC (Signs).
9. l=le#day Dosora#ons. Signs in the nature of deeorations, elearly ineidental and eommonly
assoeiated with any national, loeal or religious holielay.
10. ,!cl8o8egiea.' SJgns. ldeologieal signs not more tl:lan ti.¥el¥e (12) square feet in total sign area.
Such signs are limited to not more than t>.t.io (2) per lot.
4+. I. Illuminated Buildings in Non-Residential Districts. Providing no signs, symbols, letters,
figures, identifying a name, service, or product, are included in the illumination.
12. Joe S.'to S.'gns. Signs not more than sh< (6) sqYare feet in area per faee in Residential
zones and not more tl:lan thirty t>.t.io (32) square feet in area in Medieal, Business and
Industrial zones for the duration of work on site. One such sign shall t:Je allowed per street
frontage.
4-a.-R.. Miscellaneous non-illuminated signs on~ windows and doors one (1) square foot or
less in area. Examples of such signs include but are not limited to: open, credit cards
accepted, business hours, business associations, home occupations. and similar customer
courtesy information.
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44 9... On-Site IRroffRatlonal ~ and Regulatory Signs. Including but not limited to: signs
SigR& that provide instructions as required by law, by necessity, or for the convenience of
visitors shall be interpreted to include such signs as "no smoking," "restrooms," "no
solicitors," "self-service," "no trespassing" and similar informational signs provided such
signs do not exceed ~ four and one-half l4.5} square feet in area~ Such signs are
limited to two <2} signs in Residential Zone Districts and six l6} signs io Medical,
Commercial, or Industrial Zone Districts.
+&.-1Q.. Private Parking or Traffic Direction Signs. Signs gi¥ing Including but not limited to: signs
that provide parking or traffic directions or restrictions provided such signs:
a. Are limited to wall and ground signs,
b. Are not more than six (6) square feet in area per face,
c. Are not more than six feet (6') in height above grade.
4&: 11.. Safety/Warning Signs. Signs warning of danger or hazardous conditions or to indicate
the presence of underground cables, gas lines, and similar devices, provided such sign
does not exceed six (6) square feet in area.
17. Sa!a, Lease, or Rent Signs. Signs that adt.•ertise the sale, lease, or rental of the premises
upon 1•♦.1hioh said signs are located shall comply 11Jith the follo11,ing standards of Table 16 a
13.1 tlelow:
l -r&ftl I""'•--....... ~All i""' I I""'&--__ _,_ -•-•• --• ,.. ..... = .. ·--. .. . -· .. -
Zone 'tllstrlat Use Maximum Maximum Size (Sf)
Number
R 1 A, R 1 Q, R 1 C, R 2 Residential 4 e
A; fl.Ion resietential 4 e
R 2 8. MY R 3 ,o,,
MY R 3 Q, MU R 3 C
MY Q 1, MU Q 2, M 1, Resietential 4 e
M 2, TSA, I 1, I 2 lih:1siness and a Street ff:ontage =. 1 gg ft:
lnet1:1strial ~
Street frontage :::,, 1QQ ft:
~
µyQ Per inelii,cid1::1al pyg stanetards
4& .12. Scoreboards. Scoreboards located on athletic fields.
49,. 13... Signs Within Buildings. Signs within buildings that do not meet window sign
specifications of Table 16-6-13.3A EMC-(Permitted Principal Building Signs).
20-: .H.. V-o/:Jts.'-0 Consumer f.Rfet:matioR Signs on cars. trucks or other vehicles. Signs on G8f&;
tr1:1oks, er ether vehicles displayed in commercial sales lots which ™ give information
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including but not limited to· a&-te price, mileage, or similar information, provided such sign
does not exceed six (6) square feet in area.
a+.-~ Vending Machines, including fuel dispensers, and collection boxes.
~ 16. Works of Art. Works of art, pursuant to 16-11-2(8) EMC -(Definition of Words, Terms,
and Phrases), including but not limited to: non-commercial art painted images. integral
decorative or architectural features of buildings that do not contain the name or logo of any
e1,1sinoss shall be allowed, provided:
a. No language, symbols, or depictions that are known by or could reasonably be
suspected by law enforcement to be associated with or representative of documented
criminal street gangs, suspected or alleged criminal organizations, or suspected
criminal activity is included or contained within the work of art.
b. Murals shall be located on building walls only and shall not contain an electronic
display. Mural images may extend across doorways of buildings.
c. A work of art may incl1,1de a sign of no more than two (2) sql:lare feet identifying the
afti&h
~ 1L Pennants, streamers, fringes, balloons and similar devices.
~ .18.. Other Incidental Signs. Signs other than those listed above may be declared incidental
by the City Manager or designee upon review and a determination that the proposed sign
has similar characteristics and impacts as those listed herein.
19. Incidental Temporary Signs Allowed Without A Sign Pennit Temporary signs on the
premises upon which said signs are located shall comply with the following standards of
Table 16-6-13 1 below·
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~ ii~ ij ~ ~ 11; -
ll!II ~ )I 11 ~ ~ N
C. Prohibited Signs and Other Prohibitions. The following are inconsistent with the
purposes and standards of this Chapter; are prohibited in all zone districts and shall not
be the subject of a variance application.
1. BillboaFds Signs over 12s square feet in area. unless the sign is a legal non-conforming
sign <see 16-9-5 Nonconforming Signs}.
2. Off pr:ernise signs (also known as U:1iFd party signs).
~ 2.. Vehisl:llar signs Signs on vehicles, except signs permanently affixed, painted, or
magnetically applied. No sign shall be placed or erected in the bed of a truck or on
the deck of a trailer or a truck: nor shall such vehicles. ~Je 1Jehisle 1,1pen which a
•1ehis1,1lar sign is affiMed sl:iall be parked on private property or in the public right-of-
way for the primary purpose of directing or attracting the attention of the public te-aAY
persen, institl:ltien, 0rgani2ation, b1,1siness, prod1,1Gt, service, e\'ent er location .
a. This Subsection shall not apply to:
( 1) Vehicles operated in the normal course of business or parked or stored in the
normal course of business in an area appropriate to the use of the vehicle for
delivery or another commercial purpose.
(2) Mobile ad1Jertising signs on vehicles legally in transport on a public road-way.
~ 3... Roof Signs. Existing roof signs permitted and approved under a previous Code or
approved under South Broadway Sign Area standards effective from July 10, 2000
to the effective date of this Title shall be grandfathered and considered legal
conforming signs.
~ 4.. Additionally, the following signs and devices are prohibited:
a. Any sign not in compliance with sight distance standards of 16-6-13(E)(1) EMC
-(Visibility).
b. Signs on fences or freestanding walls, unless an integral part of the fence or
wall, and meet all requirements of this Section.
c. Strobe lights.
d. Flashing, blinking signs.
e. Any principal sign that does not meet material standards of Section 16-6-
13(F)(5) EMC (Prohibited Principal Sign Materials).
f . Any sign that imitates or resembles an official traffic control device or signal , or
which attempts to direct the movement of traffic, or which hides from view or
interferes with the effectiveness of any official traffic control device or signal.
g . Any sign that constitutes a hazard to public safety.
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h. Snipe Signs. Any sign tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, utility poles, traffic devices, or similar objects. It shall be prima
facie evidence that the business or service identified on the sign has erected or
caused the sign to be erected.
i. Any sign that interferes with a fire escape, window, door, or opening used or
required as a means of egress or ingress.
D. Signs in the Public Right-of-Way.
1. Signs Not Requiring a Sign Permit. The following signs are allowed without a Sign
Permit provided they meet all requirements of the EMC:
a. Signs required or specifically authorized for a public purpose, including traffic
control signs and street signs.
b. SigAs Types temporary site signs placed by an individual who is associated with
j fGF City-approved sidewalk sale pursuant te a publiG sidmvalk sale as defined
in the City's policy on sidewalk sales this Title.
c. SigAs Type 2 temporary site signs placed by an individual who is associated with
i fGF garage sale pursuant to Section 15-16-3 EMC-(SigRs Garage Sales>.
d. Human Signs pursuant to 16-6-3(G){2) EMC-(Human Signs).
2. Signs Requiring a City License or Agreement.
a. District Identification Banners. City owned banners or banners authorized by City
License affixed to streetlights in the right-of-way for the purpose of identifying a
District, and/or its various events. This shall apply only to City authorized
Districts.
b. Street Banners. Banners across public thoroughfares as allowed by City
agreement.
c. Business Improvement District AdtJeFti&.ing Signs and Devices. /1.d,..ertising ~
and devices of City-approved Business Improvement Districts authorized by City
License.
d. Bus Bench and Bus Shelter Signs. Signs as authorized by City License.
e. Signs extending into or over the public right-of-way authorized by an
Encroachment Permit and Indemnity Agreement approved by the City.
f. Portable Signs on the Public Sidewalk.
(1) Purpose. The purpose of allowing certain portable signs on a public sidewalk
in M-1, M-2, M-0-2, MU-B-1, MU-8-2, 1-1 and 1-2 zones, includes:
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(a) Recognizing and accommodating the physical constraints related to
signage that exist for tH:1sinesses 866upying buildings that are built
immediately abutting or within two and one-half feet (2.5 ') of the public
sidewalk; and
(b) Promoting a pedestrian-friendly environment on public sidewalks.
(2) Allowed Portable Signs. The following types of portable signs may be
allowed on the public sidewalks provided they meet all requirements of this
Subsection:
(a) A-frame or ~sandwich board",
(b) Pedestal or "stanchion", and
(c) Three-dimensional (3-D) objects.
(3) Materials and Maintenance. Portable signs on a public sidewalk shall be
constructed and maintained in accordance with 16-6-13(A)(5) EMC -(Sign
Maintenance). Such signs shall be maintained as to avoid faded or
discolored backgrounds or copy; broken, loose, or ill-fitting pieces; and
jagged edges or other conditions that may pose a hazard to pedestrians.
(4) Display. Portable signs on a public sidewalk shall meet the following display
standards:
(a) The sign shall only be displayed during hours when the establishment to
which the specific sign pertains is open for business .
(b) The sign shall only be located on the public sidewalk.
(c) The sign shall not move or include moving parts, attached balloons,
pinwheels, flags, banners, streamers, pennants, or similar devices.
(d) The sign may contain a commercial or noncommercial message.
(e) Illumination. Only self-contained illumination approved by the City
Manager or designee shall be permitted.
(5) Portable Sign Standards. The City Manager or designee may grant
permission for the placement of a portable sign on a public sidewalk to an
establishment occupying a building that is located immediately abutting or
within two and one-half feet (2 .5') of the public sidewalk, provided the
following standards are met:
(a) Maximum Number. A portable sign on a public sidewalk shall count
toward a use's maximum allowed number of accessory signs.
i. Single tenant on site: Limited to one (1) such sign .
ii. Multi-tenant building: Limited to one (1) such sign for each use
located on the first floor of the building.
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(b) Placement. Portable signs on a public sidewalk shall be placed so that:
i. The sign is between a building front and the curb line in front of the
establishment to which the sign pertains,
ii. The sign is on the sidewalk surface and not on any structure, vehicle,
or area containing landscaping,
iii. The sign is at least two (2) feet behind the curb line,
iv. The sign is anchored or secured in a manner approved by the City
Manager or designee,
v. A minimum of five (5) feet of unobstructed walkway for pedestrian
passage is maintained at all times and any applicable provisions of
the Americans with Disabilities Act are met. City Manager or
designee shall take into account other obstacles including but not
limited to street lamps, fire hydrants, street furniture, planters, or
similar appurtenances in determining the unobstructed walkway,
vi. The sign does not obstruct traffic visibility or any official traffic control
device, or block any public entrance to or required emergency exit
from a building, and
vii. The sign is not made to look like, and does not contain any
representation of a traffic control device or traffic sign.
(c) Maximum Height. The sign shall not be more than four feet (4') above
grade at its tallest point as installed.
(d) Maximum Width. The sign shall not be wider than three feet (3') at its
widest point.
(6) Sign Permit Required. The City Manager or designee may issue a Sign
Permit for placement of a portable sign on a public sidewalk provided:
(a) An application for such sign is submitted on forms provided by the City
accompanied by a site plan showing the exact location of the sign.
(b) Evidence of general liability insurance in a form satisfactory to the City is
provided. Such policy shall thereafter be maintained in full force and
effect during any period in which the sign is located on the public
sidewalk. In addition, anyone placing a portable sign on the public
sidewalk shall be deemed to have agreed to indemnify, hold harmless,
and defend the City from and against all claims arising from the
placement and continued presence of the sign on the public sidewalk.
(c) No portable sign shall be approved if the property is not in compliance
with Section 16-6-13 EMC -(Signs). If, after receiving a Sign Permit,
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the property fails to remain in compliance with this Section, the permit
shall be revoked and shall not be reissued for one (1) year.
i. The City Manager or designee shall issue portable Sign Permits for
one (1) year; however, the Sign Permit may be revoked earlier at the
City's discretion.
(d) In addition to a Sign Permit, a revocable "Temporary Occupancy of the
Public Right-of-Way Permit and Indemnity Agreement", or other
document approved by the City, shall be required .
(7) Business Improvement Districts. Business Improvement Districts (BIDs)
may notify the City Manager or designee that the BID does not want to have
such signs permitted anywhere in their District. Such notice shall be an
official notice from the BID, in writing, showing the decision and date it was
adopted. If such notification is made, the City shall not permit portable s igns
on the public sidewalk within that BID.
3. Signs Prohibited in the Public Right-of-Way. Signs requiring a City License or
Agreement under 16-6-13(0)(2) EMC when there is no existing permit, license and
agreement and all signs not allowed by Subsection 16-6-13(0)(1) EMC (Signs Not
Requiring a Sign Permit) shall be prohibited in the public right-of-way.
E. Sign Specifications.
1. Visibility. Signs and advertising devices shall not obstruct the visibility of pedestrians
and vehicular traffic within sight triangles established by this Subsection. Monument
signs over three feet (3') in height above the grade, and pole signs with a clearance
of less than eight feet (8') between grade and the bottom of the sign shall be
prohibited within the following sight triangles:
a. Street/Street Intersection. Said triangle shall be measured from a point where
two street curb lines intersect. The distance from this point shall be thirty feet
(30') along each street curb line ("A" and "B"). The third side of the triangle ("C")
shall connect these two sides, creating the triangle. Figure 16-6(16) shall be
used to determine said triangle.
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Figure 16-6(16): Street/Street Sight Distance
(Sight Triangle Created at Each Corner)
::. L
POINT OF INTERSECTION STREET/AVENUE
"' A CURB ~., Ti'"
B
C A=Curb line,
STREET/
Thirty (30') feet
AVENUE B=Curbline,
Thirty (30') feet
b. Street/Alley Intersection. Said triangle shall be measured from a point where
the street curb line and the centerline of the alley intersect. The distance from
this point shall be twenty-five feet (25') along the curb line (''B") and twenty-five
feet (25') along the alley center line ("A"). The third side of the triangle ("C") shall
connect these two sides, creating the triangle. Figure 16-6(17) shall be used to
determine said triangle.
Figure 16·6(17): Street/Alley Sight Distance
STREET/AVENUE POINT OF INTERSECTION
I
ALLEY
A:Center Alley Line,
Twenty-five (25'} feet
B:Curb line,
Twenty-live (25') feet
c. The City Traffic Engineer shall review and establish sight distance standards
related to Sign Permit applications for all other situations (i.e. driveways and
ingress/egress points) not described herein.
d. The City Traffic Engineer shall determine compliance with sight distance
standards in connection with all Sign Permit applications and shall be authorized
to vary these standards depending on site conditions.
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2. Sign Illumination.
a. Purpose. The purpose of this Subsection is to provide objective and practical
sign lighting levels for principal signs that promote sign legibility and which
mitigate potential impacts on traffic safety and the community at-large.
b. Methods of Illumination. The following methods of illumination may be allowed
provided zone district illumination standards are met:
(1) Internal Illumination. The light source is contained within the sign, not
visible to the eye, and shines through a translucent surface; examples
include, but are not limited to, box signs and channel letters.
(2) External Illumination. The light source is outside of and directed toward the
sign face; examples include, but are not limited to, flood or spotlights and
gooseneck lights. External illumination shall comply with the following :
(a) External lighting of signs may be achieved by down lighting or by
ground-mounted light fixtures, as follows:
i. External lighting of signs ten feet (1 O') or more in height shall only be
illuminated from the top of the sign and directed downward.
ii. External lighting of signs less than ten feet (10') in height may be
illuminated from the top of the sign or from the ground.
(b) The fixtures shall be shielded and directed in such a manner as to
illuminate only the face of the sign, the light source is concealed from
pedestrians' and motorists' "lines of sight", and any illumination beyond
the sign face is minimized.
(3) Integral Illumination. The light source itself is a fundamental element of the
sign; examples include, but are not limited to, neon or bulbs that spell out
the sign message. Exposed bulbs may be up to fifteen (15) watts in power.
(4) Electronic Message Display (EMO) Illumination. The light source is
programmed and supplied by use of incandescent lamps, light emitting
diodes (LED), liquid crystal displays (LCD), a flipper matrix, or similar
electronic means.
c. Sign Illumination Standards.
(1) All lighted signs shall meet applicable electrical codes adopted by the City
and a separate Electrical Permit shall be required.
(2) Non-electronic message display~ signs illuminated at night shall not
exceed a maximum luminance level of seven hundred fifty (750) candelas
per meters squared (cd/m2), regardless of the method of illumination.
Measurement shall be in candelas per meters squared (the luminous
intensity of a sign in a specific direction divided by the area of the sign).
16
(3) Electronic message display (EMD) signs. The difference between the off
and solid-message measurements shall not exceed 0.3 footcandles at
night. See Subsection EMC 16-6-13(F)(6)(b)(5)(f)(iii).
(4) Accessory signs shall not be illuminated.
(5) No sign in any R-1, R-2, or R-3 District shall be illuminated between 11:00
PM and 7:00 AM, except signs permitted for 24-hour emergency medical
services, and public services such as police and fire.
d. Prohibitions and Restrictions.
(1) Sign illumination is prohibited for the following: l=lome oaa1:1pation signs,
on-site accessory signs and adi.•ertising devices.
(2) Signs shall be illuminated in a way that does not cause glare onto the
adjacent pedestrian ways, streets, or adjacent properties.
(3) Only self-contained illumination approved by the City Manager or designee
shall be permitted for portable signs on the public s idewalk.
(4) Signs shall not include animated, flashing, moving or intermittent
illumination except that electronic message display signs may change no
more frequently than the rate specified in Subsection 16-6-13(F)(6)(b)(5)
EMC-(Electronic Message Display (EMD) Signs).
e. Searchlights. Searchlights are permitted in MU-B-1, MU-B-2, 1-1 and 1-2 Districts
only. Searchlights eliFealing attention lo, OF adi.•ertising a b1:1siness shall be
considered accessory signs.
3. Rules of Sign Measurement and Computation. The following regulations shall
control the measurement and computation of sign area, sign height, sign clearance,
street frontage, and building frontage :
a. Sign Araa. The entire sign face within a continuous perimeter enclosing the
extreme limits of the display surface including any fram ing, trim or molding shall
be included in the computation of sign area. The supporting structure or bracing
of a sign shall be omitted from measurement, unless such structure or bracing
is made part of the message or face of the sign.
(1) Sign Araa Computation. The area of all signs shall be computed by use of
standard mathematical methods. An unlimited number of lines may be used
to enclose the extreme limits of the sign , including all frames , backing , face
plates, non-structural trim or other component parts not otherwise used for
support.
(2) Signs with Backing/Background. The area measurement of a sign that is
enclosed by a box, framed, outlined, painted or otherwise prepared and
intended to provide a background for the sign display shall be determined by
the area of the entire sign including the background material.
17
(3} Signs without Backing. The area of signs comprised of individual letters,
figures, or elements shall be determined by the sum of the area of each
separate element and shall include all the display areas, including the open
space between the elements.
(4} Three-Dimensional (3-D) Signs and AfJi.<eFti&iRfl Devices. The area of three-
dimensional, spherical, free form, sculptural and/or other nonplanar signs or
advertising devices, shall be determined by multiplying the length times width
of the object's largest profile. The measurements shall be taken with the
object at full extension.
(5) Sign Faces. A sign face is the display surface available for displaying a
message. The number of sign faces used to calculate the area of a sign
shall be determined by Table 16-6-13.2 EMC-(Sign Face Computations to
Determine Sign Area).
TABLE 16-6·13.2: SIGN FACE COMPUTAl'IONS ifO DETERMINE SIGN
-AREA --·
_ Sign Sign Type Computation -Additional
Category j
Regulations
(See Table
Notesl
Awnina Sum of all sian faces
Canoov Sum of all sion faces
Marquee Sum of all sign faces when face
Principal separation is~ 45°; otherwise only
Building the laraest face
Signs Proiectina One (1) face 1
Roof-Sum of all sign faces
Mansard
Susoended One (1) face
Wall Sum of all sian faces
Window Sum of all sign faces to calculate
the maximum area coveraoe
Principal Monument 1 or 2 faces : One (1) face; 2
Ground Pole 3 or more faces: Sum of the two
Signs (2) largest faces
1 Notes to Table:
1 . Provided the separation between faces is no greater than eighteen inches
(18") and no sign is displayed on the separation surface.
2 . Back-to-back signs shall be regarded as a single sign only if mounted on
a single structure, and the distance between each sign face does not
exceed eighteen inches (18") and no sign is displayed on the separation
surface.
18
b. Sign Height.
( 1) Ground Signs. The height of a ground sign shall be computed as the vertical
distance from the normal grade at the base of the sign or its support
structure, whichever is lower, and the topmost portion of the sign or the
structure supporting the sign, whichever is higher.
Normal grade shall be construed to be the lower of: (1) existing grade prior
to construction; or (2) the newly established grade after construction,
exclusive of any filling, berming, mounding or excavating solely for the
purpose of locating the sign.
In cases where the normal grade cannot reasonably be determined, sign
height shall be computed on the assumption that the elevation of the normal
grade at the base of the sign is equal to the elevation of the nearest point of
the crown of a public street.
(2) Projecting and Marquee Signs. The height of projecting and marquee signs
shall be computed as the vertical distance from the lowest grade below the
sign or its support structure, whichever is lower, and the topmost portion of
the sign or the structure supporting the sign.
c. Sign Clearance. Clearance for all signs shall be measured as the vertical
distance between finished grade and the lowest point of the sign, including any
framework or other embellishments.
d. Projections. Wall and projecting signs shall be measured from the building
fa~ade to the farthest aspect of the sign, including any framework or other
embellishments.
e. Measurement of Street Frontage. For the purposes of this Section street
frontage is the length of the public street abutting the parcel on which the sign is
located. For the purposes of determining allowable sign area the following shall
apply:
(1) An alley shall not be used to calculate street frontage.
(2) A City-approved private street may be used to calculate street frontage.
(3) For corner lots, the frontage of all streets shall be cumulative.
f . Measurement of Building Frontage. For the purposes of determining allowable
sign area the following shall apply :
(1) The frontage of a building shall include only the elevation(s) facing a public
street.
(a) If a building has more than one (1) elevation facing a public street, the
cumulative building frontages shall be used to determine the maximum
sign area.
19
(b) An alley shall not be used to calculate building frontage.
(c} A City-approved private street may be used to calculate building
frontage.
(2) Building frontage is determined by measuring a straight line, paralleling the
street-facing elevation, between the two (2} most distant ends of the building.
(3} In the case of an irregular elevation surface, a single straight line
approximating such elevation shall be used to measure the elevation's
length.
(4) Building frontage used as the basis of determining allowed sign area for one
use may not be used again as the basis for determining the permitted sign
area for another use.
(5) Multi-Tenant 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.
g. Final Determination and Appeals. Final determination of measurements and
computations for signs and advertising devices shall be made by the City
Manager or designee. Appeals shall be made to the Planning and Zoning
Commission.
F. Principal Signs. A principal sign is defined as a sign attached to a building, structure, or
the ground in some manner that requires a Sign Permit from the City and is made of durable
materials approved by the City.
1. Permit Required. A Sign Permit shall be required for all principal signs identified in
Table 16-6-13.3A: Permitted Principal Building Signs and Table 16-6-13.3B EMC-
(Permitted Principal Ground Signs).
2. Number. The number of allowed signs per use shall be determined by the zone
district in which the sign is located based on Tables 16-6-13.6 through 16-6-13.9
EMC -(Zone District Principal Sign Standards).
3 . Maximum Sign Area. The maximum allowed sign area for any use shall be
determined by Tables 16-6-13.6 through 16-6-13.9 -EMC (Zone District Principal
Sign Standards).
a. Sign area may be distributed among the allowed number of signs in any manner
provided no single sign face exceeds one hundred twenty-five (125) square feet
in area.
4. Location Standards. All portions of a principal sign shall be located completely on
the parcel for which the Sign Permit is issued, unless allowed to encroach into or
over the public right-of-way by an Encroachment Permit and Indemnity Agreement
approved by the City.
20
a. A minimum setback from a property line shall not be required unless specified
in Tables 16-6-13.6 through 16-6-13.9 EMC -(Zone District Principal Sign
Standards).
5. Prohibited Principal Sign Materials. The following materials shall be prohibited for
principal signs. Corrugated plastic (i.e. Coroplast), fabric, cloth, canvas , foam board ,
paper, cardboard, poster board, thin-gauge aluminum less than 1/8" thick, vinyl
banner material (polyvinyl chloride [PVC]), engineered wood products including
plywood, chipboard, particle board, medium density fibreboard (MDF), oriented
strand board (OSB), or similar products, or other materials not reviewed and
approved by the City Manager or designee.
a. Exception: Medium density overlay (MDO), Duraply, or similar paintable surface
made of plywood with a weather-resistant resin overlay bonded to the wood by
heat and pressure may be used for principal signs constructed with sealed
edges.
6. Pennitted Principal Signs. It shall be unlawful for any person to erect a principal
sign that does not conform to the standards enumerated in Table 16-6-13.3A
Permitted Principal Building Signs, Table 16-6-13.3B: Permitted Principal Ground
Signs and Tables 16-6-13.6 through 16-6-13.9 EMC-(Zone District Principal Sign
Standards).
a. Principal Signs by Type. The type of signage allowed in each zone district shall
be determined by Tables 16-6-13.6 through 16-6-13.9 EMC -(Zone District
Principal Sign Standards).
2 l
TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS
Slan tvoe Structure/Construction Sianaae Additional Reaulatlons
AWNING Applied to an awning supported only . Number: Each awning with • Encroachment Agreement required for any
by the building on which it is located. sign copy counts as 1 sign projection over public right-of-way
• Clearance: Min. 8' above grade • Area: All copy faces count . Separate Building Permit required for new
• Projection: Shall not project in area calculation awning structure
within 5' of back of curb • Face: May be on any face • No accessory signs shall be attached to an . Location: Awning shall not (front, side, valance) of the awning
extend beyond the fac;ade on awning
which it is located except at • Sign Copy: Shall be
building corners affixed to awning and shall
not project above or below
the awninQ
CANOPY Applied to a canopy supported by • Number: Each canopy • Encroachment Agreement required for any
U) the building on which it is located with sign copy counts as 1 projection over public right-of-way
C: and a minimum of 1 stanchion. sign Separate Building Permit required for new . 21 •
fl) • Clearance : Min. 8' above grade • Area: All copy faces count canopy structure
OJ . Projection: Shall not project in area calculation . No accessory signs shall be attached to a C: :s within 5' of back of curb • Faces: May be on any canopy
:I face (front, side, valance)
Ill of the canopy
iii
C. • Sign Copy: Shall be
·u affixed to canopy face and
C: ·c: shall not project above or
0.. below the face of the
canoov
MARQUEE Applied to a marquee (permanent • Number: Marquee • Encroachment Agreement required for any
roof-like structure supported by the structure counts as 1 sign projection over public right-of-way
building on which it is located). • Area: If face separation is • No accessory signs shall be attached to a
• Clearance: Min. 8' above grade ~ 45°, all faces count; marquee
• Projection: Shall not project otherwise only largest . Marquee signs may include structural
within 5' of back of curb counts elements that extend above the marquee
• Height: Maximum 25' above • Faces: May be on any . Signs above a marquee structure are
grade, with no more than 1 O' face of the marquee counted separately from the marquee sign
above roofline . Sign Copy: Shall not
project above the top of
the marauee facade
22
ifABbE 16-6-13.3A PERMITTED PRINCIPAi:. BUILDING SI GNS f CONT.)t -
Slantvoe Structure/Construction L 7 SlamiffiiL.~ 7 Additional Reoulatlons,
PROJECTING Generally affixed with display face at . Sign Copy: May be on any . Encroachment Agreement required for any
(Blade, right angles to the building facade. face projection over public right-of-way
Armature) . Clearance: Min. 8' above grade . Sign Count: 1 face counts . May require separate Building Permit
• Projection: Shall not project toward sign area . No accessory signs shall be attached to a
within 5' of back of curb projecting sign
• Location: Signable area of
facade . Height: Max. 25', with no more
than 1 O' above roofline
ROOF: Attached to or affixed to the side of a . Faces: All faces count • May require separate Building Permit
Mansard mansard roof. toward sign area • No accessory signs shall be attached to a
• Projection: Shall not project mansard roof sign
II) beyond building facade
C • Height: Shall not extend above en en roofline or parapet wall
Cl SUSPENDED Suspended from a horizontal plane • Maximum sign area : 4 • Shall not encroach into public right-of-way
C
:§ of a building or structure. sf/face • No accessory signs shall be attached to a
·5 . Clearance: Min. 8' above grade . Faces: 1 face counts suspended sign
m toward sion area
ci WALL Attached to, painted on, or erected Number: Limited to use's Encroachment Agreement required for any Q. . .
·c:; against a wall of a building, with maximum allowed number projection over public right-of-way
C ·t: display face generally parallel to the of signs • No accessory signs shall be attached to a
D.. building facade. Area: Limited to use's wall sign •
• Location: Signable area maximum allowed sign . Signable area shall mean the bu ilding facade
• Projection: A side wall sign may area up to the roofline that is free of windows and
project beyond the front fa~ade • Faces: All copy faces doors or major architectural detail. If,
but not within 5' of back of curb count toward sign area because of the design of the building, a
• Clearance: Any sign projecting signable area cannot be identified, the City
more than 4" from the wall shall Manager or designee shall determine a
be at least 8' above grade suitable area for signage.
• Height: A maximum of 25% of a
wall sign's total area may extend
above the roofline or parapet
wall, provided the extension does
not exceed 3'
23
TABLE :16..SM13.3A PERMITTED PRINCIPAL BUILDING SIGNS (CONil'.) -
Siantvoe Structure/Construction l Sfana[l9 Additional Raaulations
WINDOW Posted, applied or affixed to the • Window Coverage: • For the purpose of this Section total glazed
interior or exterior of a window, and Maximum 25% of total area on a fa9ade shall include all glazed
seen through the window from the glazed area on a far;ade, windows and doors, and their framework
CIJ exterior of the structure . not to exceed 80 square • Window merchandise d isplays and signs C
Cl . Location: Ground floor glazed feet on any one far;ade allowed pursuant to 16-6-13(8) EMC -en areas only (See Additional (Incidental Signs Allowed Without Sign
C)
. 5 Regulations) Permit) and are exempt from this Section .
~ • Number: No limit, • Sign coverage of less than 25% of the total ·:;
m provided 25% window glazed area on a far;ade shall not requi re a
ca coverage maximum is not Sign Permit
Q. exceeded • Sign coverage exceeding 25% of the total ·c::;
C glazed area on a far;ade shall count toward
·c maximum allowed sign area and shall require 0.
a Sign Permit
• Window signs shall not be permitted in
windows above the Qround floor
24
Sliimtvi>e ]
MONUMENT
II)
C
.!2> u,
,:,
C
:::I POLE 0 ..
CJ
cu
C. ·u
C ·c: n.
-TABLE 16-6-13.3B PERMITTED PRINCIPAL GROUND SIGNS
Structure/Construction
Supported by and integrated with a
solid base, as opposed to mounted
on poles, posts or other structure. . Height:
Residential Zones: Maximum
15'
All Other Zones: Maximum 25'
• Minimum Setback:
Residential Zones: 1 O' . Separation: Minimum separation
between ground signs on
abutting properties shall be not
less than the height of the taller
sign
Supported on poles, posts, or similar
upright structure.
• Shall not be attached to any part
of a building
• Height:
Residential Zones: Maximum
15'
All Other Zones: Maximum 25'
• Minimum Setback:
Residential Zones: 1 O'
• Separation: Minimum separation
between ground signs on
abutting properties shall be not
less than the height of the taller
sign
•
•
•
•
Slanana
Faces counting toward
total sign area:
1 or 2 faces: 1
3 or more faces: 2 largest
faces
Number: 1 ground sign
per site (See Additional
Regulations)
Faces counting toward
total sign area:
1 or 2 faces: 1
3 or more faces: 2 largest
faces
Number: 1 ground sign per
site (See Additional
Regulations)
r _:,
Addltlonal Reaulatlons
• Subject to sight distance requirements of 16-
6-13(E)(1) EMC -(Visibility). . Encroachment Agreement required for any
projection into public right-of-way
• Minimum distance between signs may be
reduced by the City Manager or designee on
a case by case basis when lot width or other
site conditions preclude meeting the required
separation distance
• If there is more than 1 business in a building
or more than 1 business on a site no ground
signs are permitted except Multi-Tenant
signs. See Section 16-6-13(H)(1) EMC-
(Multi-Tenant Signs)
. Subject to sight distance requirements of 16-
6-13(E)(1) EMC -(Visibility).
• Pole signs over 8' in height shall require
submittal of an engineered, wet-stamp
drawing . Encroachment Agreement required for any
projection over public right-of-way
• Minimum distance between signs may be
reduced by the City Manager or designee on
a case by case basis when lot width or other
site conditions preclude meeting the required
distance
• If there is more than 1 business in a building
or more than 1 business on a site no ground
signs are permitted except Multi-Tenant
signs. See Section 16-6-13(H}(1) EMC -
(Multi-Tenant Sions)
b. Dynamic Displays. Dynamic displays may be incorporated into any of the
permitted sign types and shall include signage encompassing moving parts or
images, LEDs and LCDs, and similar electronic messages.
TABLE 16-6-13.4: DYNAMIC 1DISPLAY SIGNS f:llY TYPE AND ZONE
DISTRICT
R =·Permitted ~No ~ P.rohibited
~ 1,Animate-Changeabl Changeatile Electronl Flashin
d e Copy: Copy: C g
Reader l1me/TemR9ratu Message
Board re Display s
---I
All R1, R2,
R3
residential NO NO NO NO NO
uses up to
4 units
AIIR1,R2
Non-NO p1 p1 p1, ps NO residential
uses
All R3
residential
uses of 5 NO p p p2, p5 NO
or more
units
R3 Non-
residential NO p p p2, ps NO
uses
M-1, M-2 NO p p p2, ps NO
MU-B-1
MU-B-2 p3 p3 p3 p3, p4 NO 1-1
1-2
TSA Shall conform to R-3 standards, above
PUD Per a ooroved PUD sian standards
Notes to Table:
P1 Maximum Area: 1 O square feet.
P2 Maximum Area: 20 square feet.
P3 Maximum Area: Subject to the use's maximum allowed sign area.
P4 Minimum separation between an electronic message display and any R
Residential District shall be one hundred feet (100'). Separation shall not
apply within Mixed Use Business Districts allowing residential uses.
P5 Minimum separation between an electronic message display and boundary
line of anv residential use: one hundred feet (100').
26
(1) General Standards.
(a) Messages displayed on dynamic display signs shall not direct attention
to a business, product, service or entertainment conducted, sold or
offered off the premise that is not also conducted, sold or offered on the
premise on which the sign is located.
(b) Any sign using electronic or electro-mechanical technology for
changeable copy, which malfunctions, fails, or ceases to operate in its
usual or normal programmed manner causing therein motion,
movement, flashing or any other similar effects, shall be repaired or
reprogramed within twenty-four (24) hours to stop the motion, movement,
or flashing so to maintain a static display until properly functioning.
(c) Illumination. The intensity of the light source of a dynamic display sign
shall not produce glare, the effect of which may constitute a traffic hazard
or is otherwise detrimental to the public health, safety or welfare.
(d) E!estroRis S#.'BearEIB Nonconforming Signs. Conversion of an existing
billboard nonconforming sign to an electronic message display billboard
shall be prohibited.
(e) Existing Dynamic Displays. All signs now considered as dynamic display
signs existing on the effective date of this Title that contain an electronic
changeable copy module which does not comply with the provisions of
this Section shall be made to conform to the brightness, frame hold time,
transition duration, and transition method provisions by December 28,
2012.
(2) Animated Signs. Any sign or part of a sign that changes physical position
by any movement or rotation or that gives the visual impression of such
movement. Wind-driven, changeable copy, electronic message displays ,
and flashing signs shall not be considered animated signs.
(3) Changeable Copy Signs. A sign designed to accommodate frequent
message changes by either mechanical or electronic means. Manual copy
change is not included in this sign type. Changeable copy signs include
reader boards and time and temperature units.
(a) Time and Temperature Sign. Time and temperature signs shall meet the
following standard:
i. Minimum Frame Hold Time. The displayed message shall not
change more frequently than once per five (5) seconds.
ii. Transition Method: No portion of the message may flash, twirl,
change color, fade in or out or in any manner imitate movement.
(b) Reader Boards. Reader board signs shall meet the following standards:
i. Maximum Area. Reader boards shall be limited to twenty (20) square
feet.
27
ii. Transition Method: No portion of the message may flash, twirl,
change color, fade in or out or in any manner imitate movement,
however it may scroll across the frame.
(4) Flashing Signs. Any sign having lights or illumination that blinks, flickers, or
varies in intensity at any time when in use is prohibited. The following signs
are excluded from this prohibition: holiday deserations Type 5 Temporary
Site Signs and scoreboards pursuant to 16-6-13(8) EMC -(Incidental Signs
Allowed Without a Sign Pennit), and changeable copy and electronic
message display signs pursuant to this Subsection.
(5) Electronic Message Display (EMO) Signs. Any sign that utilizes computer-
generated messages or some other electronic means of changing copy by
remote or automatic means shall be subject to the following standards:
(a) Maximum Number. One (1) EMD sign shall be permitted for each street
frontage on a zone lot parcel or group of parcels.
(b) Frames. The sign shall contain static frames only. There shall be no
effects of movement, flashing, scintillation, or similar effects within the
individual frame.
(c) Minimum Frame Hold Time. The displayed message shall not change
more frequently than once per ten (10) seconds.
(d) Transition Duration. The change of frames shall not exceed three-tenths
(0.3) of a second of time between each frame displayed on the sign.
(e) Transition Method. Frames shall change by dissolve, fade, or by
instantaneous change from one static display to another, but shall remain
as a static display after completing the change, and, once changed, shall
remain static until the next change. The change of frames by the use of
scrolling, flashing, rolling, window shading, or other similar effects is
prohibited.
(f) Illumination.
i. Dimmer Software Required. All permitted EMDs shall be equipped
with a sensor or other device that automatically determines the
ambient illumination and programmed to automatically dim according
to ambient light conditions, or that can be adjusted to comply with the
0.3 footcandle measurements of this Subsection.
ii. EMD Illumination Limits: The difference between the off and solid-
message measurements using the EMD measurement criteria shall
not exceed 0.3 footcandles at night. All measurements shall be taken
perpendicular to the face of the EMD at the distance determined by
the total square footage of the EMD as set forth in the accompanying
Table 16-6-13.5 EMC -(EMO Sign Area Versus Measurement
Distance). See Englewood Illustrated Sign Manual for details on how
to perform EMO illumination measurements.
28
Table 16-6-13.6: EMO Sign Area
Versus Measurement Distance
Sigfi,Area Measurement
(SQ. ft.) Distance (ft.)*
2 14
3 17
4 20
5 22
6 24
7 26
8 28
9 30
10 32
15 39
20 45
25 50
30 55
35 59
40 63
45 67
50 71
• For signs with an area other than
those specified above, the
measurement distance shall be
determined as the square root of
(100 x sign area).
iii. Nighttime Maximum. Lighting from the message module shall not
exceed 0.3 footcandles between dusk to dawn as measured from the
sign's face.
iv. Specifications Required. Applications for Sign Permits containing an
electronic display shall include the manufacturer's specifications and
cd/m2 rating.
v. Inspections. The City shall have the right to enter the property and
view the programmed specifications of the sign to determine
compliance with these provisions in accordance with the Sign Permit
issued for the sign .
c. Principal Signs Allowed by Zone District. The type of signage allowed in each
zone district shall be determined by Tables 16-6-13.6 through 16-13-9 EMC -
Zone District Principal Sign Standards.
29
TABLE 16-6-13.6: R-1 AND R-2 ZONE DISTRICT PRINCIPAL SIGN S"fANDARDS ,
2;one --I Use Permitted Principal Allowed Allowed !-'(rea 2 Additional Regulations
District Sign 1 ' Number _ fin s a uare feet)1 .
• Only those signs allowed
One-unit residential
under 16-6-13(8) EMC -
Multi-unit residential
(Incidental Signs Allowed
Without Sign Permit)
• Non-illuminated, no animation
11 r,. --wall 4 4 Non illuminated, no animation -----•
Awning 3 80 square feet or • See Tables 16-6-13.3A and 3B
R-1-A Public/Institutional Canopy amount calculated on EMC -(Pennitted Principal
Marquee street frontage: Signs)
R-1-B Projecting . See 16-6-13(E)(2)(c) EMC-
Suspended .::, 100': 1.5 sf/ft plus (Sign Illumination Standards)
R-1-C Wall > 100': 1.0 sf/ft and 16-6-13(F)(6) EMC (EMD
Window Signs)
R-2-A Pole . Monument and Pole: School,
Monument religious, and gov't buildings
R-2-B Awning 2 20 only:
Canopy Maximum height: 15'
All other uses 3 Marquee Minimum Setback: 1 O'
Projecting . Illumination prohibited between
Suspended 11 :00 PM and 7:00 AM 4
Wall • No single sign face shall
Window exceed 125 square feet.
Monument
Notes to Table:
1 Electronic message display signs are prohibited except for time and temperature signs .
2 See ERg!eweefl .l./.lt,1sfr:at-Ofl StgR MaRt:Ja! 16-6-13:E,3, for how to determine street or building frontage.
3 Signs for nonconforming uses shall be subject to the standards of the district in which the use is located.
+ Signs provided on a 24-hour basis for emergency medical services and public services such as police and fire are exempt from this
req uirement.
30
TABLE 16-6-13.7: MU-R-3 ZONE DISf.RICT PRINCIPAi!. SIGN STANDARDS =
Zone ) -Use Permitted Allowed Number 1 I -Allowed Area' Addltf.onal Regulations
I District I Prlnclpal i (In, sqhu~re feet)
I s1nns '""
Single-unit • Only those signs allowed
residential, Multi-
under 16-6-13(8) EMC-
unit residential
(Incidental Signs Allowed
(2-4 units) I Without Sign Pennit) . Non-illuminated, no animation
Awning s 150' street frontage: 100 square feet .Q! total
Canopy 2 of street frontage • See 16-6-13(E)(2)(c) EMC -
Marquee > 150' to ~ 300' street factors below: (Sign Illumination Standards)
Projecting frontage: ~ 100': 1.5 sf/ft and 16-6-13(F)(6) EMC (EMD
Multi-unit Suspended 3 plus Signs)
residential Wall > 300' street frontage: > 100' to ~ 250': 1.0 • No single sign face shall
(5 or more units) Window 4 sf/ft exceed 125 square feet.
Pole Uses with more than 2 plus
MU-R-3-A Monument street frontages: 1 > 250': 0.4 sf/ft
additional sign for each
MU-R-3-B frontage
M0ffi8 wall 4 4 Ne ill!:!FfliAalieA, R8 aAimatieA
,-.. ---.
MU-R-3-C --
Awning 3 Minimum 80 square • See Tables 16-6-13.3A and 3B
Canopy feet or total of street EMC-(Pennitted Principal
Public/Institutional Marquee frontage factors below: Signs)
Hospitals Projecting . No single sign face shall
Clinics Suspended ~ 100': 1.5 sf/ft exceed 125 square feet.
Offices Wall plus • Illumination prohibited
Window > 100': 1.0 sf/ft between 11 :00 PM and 7:00
Pole AM 3
Monument • See 16-6-13(E)(2)(c) EMC-
Awning 2 20 ( Sign Illumination Standards)
All other uses 2 Canopy and 16-6-13(F)(6) EMC-
Marquee (EMD Signs)
Projecting • Monument and Pole: Only for
Suspended religious, schools, gov't
Wall buildings, hospitals, clinics,
Window and offices:
Pole Maximum heiaht: 15'
31
l I Monument l l l Minimum setback: 1 O'
Notes to Table:
1 See E:nglowood ltlus#Fated SigR Mam1a! 16-6-13:E.3. for how to determine street or building frontage.
2 Signs for nonconforming uses shall be subject to the standards of the district in which the use is located.
3 Signs provided on a 24-hour basis for emergency medical services and public services such as police and fire are exempt from this
req uirement.
32
'FABL!E 16-6-13.8: MAND TSA ZONE DISTRICT RRINCIPAL SIGNrSTANDARDS -
~ --
Zone Use Permitted Allowed Number 1 Allowed :Area Addltlonal l Reg~latlons
District ,Prlncint11I Sl cin (in1sa uare fea6·1 -
Single-unit Only those signs allowed
residential, Multi-unit under 16-6-13(6) EMC-
residential (Incidental Signs Allowed
(2-4 units) Without Sian Pennit)
Awning s 150' street frontage: 100 square feet or total of • See Tables 16-6-13.3A
Canopy 2 street frontage factors and 3B EMC -(Pennitted
Marquee > 150' to .::. 300' street below: Principal Signs)
Projecting frontage: • Prohibited illumination :
Suspended 3 .::. 100': 1.5 sf/ft Flashing, intermittent lights
Wall > 300' street frontage : plus • Direct glare onto a
Multi-unit residential Window 4 > 100' to .::. 250': 1.0 sf/ft residential use adjacent to
(5 or more units) Monument plus the location of the sign
• Uses with more than > 250': 0.4 sf/ft • See 16-6-13(E)(2)(c) EMC
2 street frontages: 1 -( Sign Illumination
additional sign for Standards) and 16-6-
M-1 each frontage 13(F)(6) EMC -(EMD
Signs)
M-2 . No single sign face shall
exceed 125 sauare feet
M0-2 Li-·----··-wau 4-4-No illumination, no animalion J"1li,jl ,_ -,.. ·-··-
Awning s 150' street frontage: 100 square feet or total of . See Tables 16-6-13.3A
Canopy 3 street frontage factors and 3B EMC -(Pennitted
Marquee below: Principal Signs)
Suspended > 150' to ,::. 300' street • Prohibited illumination :
Wall frontage: .::. 100': 1.5 sf/ft Flashing, intermittent lights
Public/Institution al Window 4 plus . Direct glare onto a
Pole > 300' street frontage: 5 > 100' to .::. 250': 1.0 sf/ft residential use adjacent to
All other allowed 2 Monument plus the location of the sign
> 250': 0.4 sf/ft . See 16-6-13(E)(2)(c) EMC
-( Sign Illumination
Standards) and 16-6-
13(F)(6) EMC -(EMD
Signs) . No single sign face shall
exceed 125 sauare feet
33
TSA l Residential
r Non-residential
I Shall comply with standards a pplicable to MU-R-3-A district
[ Shall comply with standards a pp licable to MU-8-1 district
Notes to Table:
1 See ERg.'ewood Jlh:JstFated SigR MaR~al 16-6-13:E.3, for how to determine street or building frontage.
2 Signs for nonconforming uses shall be subject to the standards of the District in which the use is located .
34
TABLE 16-6-13.9: MU!.B, I. AND]P.l!JDJZONE IDISTRICT PRINCIPA l SIGNiSl ANDARDS
Zone Use Permitted Allowed Niiffiberr 1 Allowe<J IA~ Addltlonal Regulations •
District I Principal I (In sq~re feet)
Sl an1TVD8S
Awning s 150' street frontage: 3 100 square feet or • See Tables 16-6-13.3A and
Canopy > 150' to s 300' street total of street frontage 3B EMC -(Permitted
Marquee frontage: 4 factors below: Principal Signs)
Projecting > 300' street frontage: 5 • Prohibited illumination:
Roof Mansard 1' to 100': 2.0 sf/fl Flashing , intermittent lights
Suspended plus • Direct glare onto a
Single use Wall • Uses with more than 2 > 100' to .5. 250': 1.25 sf/fl residential use adjacent to
on site Window street frontages: 1 plus the location of the sign
Pole additional sign for each > 250': 0.6 sf/fl • For electronic signs See 16-
MU-B-1 Monument frontage 6-13(E)(7) EMC -
(Electronic Message Display
MU-B-2 Signs)
• No single sign face shall
1-1 exceed 125 square feet.
Awning s 150' building frontage: 3 100 square feet or
1-2 Canopy > 150' to s 300' building total of building frontage
Marquee frontage: 4 factors below using the
Projecting > 300' building frontage: 5 individual use's building See 16-6-13(H) EMC-(Sign
Multiple uses Roof Mansard frontage: Bonuses) for:
on site (Each Suspended . Multi-tenant properties
allowed use) Wall .5. 100': 2.0 sf/ft • Multi-story buildings
Window plus • Buildings set back more than
Pole > 100': 1.0 sf/fl 1 00 feet from front property
Monument line
PUD Per individual PUD reaulations
Notes to Table:
1See -___ . .'." _, _,_ -' ~:.--• ._ __ , 16-6-13:E.3. for how to determine street or buildina frontage.
35
G. Accessory Signs.
1. On-Site Accessory Signs and Ad1Jertising Devices.
a. Purpose. The purpose of allowing certain on-site accessory signs and
ael1Jertising devices includes:
(1) Recognizing and accommodating the eusiness community's desire for
economical short-term signage that can be easily installed, changed, or
moved to meet limited ad1Jertising needs; and
(2) Maintaining an aesthetically pleasing environment by minimizing sign clutter.
b. Maintenance. On-site accessory signs and ael'i.•ertising devices shall be
constructed and maintained in accordance with 16-6-13(A)(5) EMC -(Sign
Maintenance). Any on-site accessory sign or ael1Jertising device that is in
disrepair or unsafe shall be repaired, removed, or replaced upon written notice
of the City Manager or designee.
c. Materials and Anchoring. All accessory signs or ael1Jertising devices shall be
durable and weather-resistant and fastened or anchored sufficiently, whether
attached to the building or positioned in the ground.
d. Standards. No on-site accessory signs or ael•;ertising devices shall:
(1) Be located on or over the public right-of-way,
(2) Be located on the roof of any building or structure,
(3) Be located on a principal sign or sign structure, fence, utility pole or other
structure not intended as a sign support,
(4) Be located so as to come in contact with power lines,
(5) Encroach or extend over any property line ,
(6) Be illuminated, contain flashing or blinking lights, or electronic changeable
copy,
(7) Obstruct traffic visibility or any official traffic control device,
(8) Be made to look like, or contain any representation of a traffic control device
or traffic sign, or
(9) Block any public entrance to or required emergency exit from a building.
e. Permit. No Sign Permit shall be required for the placement of an allowed on-
site accessory sign or ael1Jertising device. However, any on-site accessory sign
or ael1Jertising device found to be in violation of this Title shall be declared a
nuisance by the City and shall be subject to enforcement pursuant to Chapter
16-10 EMC-(Enforcement and Penalties).
36
f. Variances. Due to the intended short-term nature of on-site accessory signs and
ad 11ertising devices, such signs and devices shall not be subject to variances.
g. On-Site Accessory Signs and Ad'.'ertising Devices Measurement and
Calculations. The maximum size of an on-site accessory sign or adl.'ertising
device shall be based on its area, linear length, or profile depending on the type
of sign or device. Calculations shall be based on Table 16-6-13.10, below:
TABLE 16-6-13.10: AeCESSORY SIGN MEASUREMENT
Sign Type Calculation Measurement Mettiocl
Method
Banners, Area 4 -line enclosure
Wind-Driven,
Portable
Inflatables, Profile L x W measured at the object's
3-D objects laraest extended profile
h. Signs assosiated with placed by individuals conducting special events or
temporary uses allowed by this Title shall be considered accessory signs and
subject to the provisions of this Subsection. Such signs shall be allowed for the
duration of the special event or allowed temporary use.
i. Sign Specific Standards for Allowed On-Site Accessory Signs or Ad1Jertising
Devices. On-site accessory signs or advertising devices shall be allowed
pursuant to Table 16-6-13.11 EMC-(Table of Allowed On-Site Accesso,y Signs
and ,t•,fP1-0r#sJng Devices) below.
37
TABLE 16-6-13~11: TABl!!E OF ALLOWED ON-SITE ACCESSORY SIGNS AND ft..0-'AiRTISING DEVICES ,,-:., _:r ~ --
On-Site I Ty~1 l Zone Allowed !:Maximum Maximum M~mum ; Addltlo~I Regulations
Accessory Districts Uses, , 1Number total Height 1
I I Areal!l (In feet) 1
• Signs and I In which I Adt.taFllaing I Allowed• ; (ln1sf) .:. I
Devices I I
Banners Wall R-1-A, R-1-8, Non-1
. Accessory wall banners prohibited for
(with or R-1-C, residential 15 15 single and multi-unit residential uses
without R-2-A, R-2-8 uses only up to 5 units
message) All other All single . Wall banner shall be affixed to
zones uses building fac;ade only and shall not
2 ' 30 30 extend beyond fac;ade . Multi-tenant properties: See Notes to
Table 4
Wind-Driven Pole (ground R-1-A, R-1-B, Non-. Does not apply to flags of nations or
(with or mounted R-1-C, residential 1 15 15 an organization of nations, states, or
without including non-R-2-A, R-2-8 uses only cities. See 16-6-13(6) EMC -
message) exempt flags, (Incidental Signs Allowed Without
sail, tear drop All other All single Sign Pennit)
or feather zones uses . Residential zone minimum setback:
banners, 2 30 25 10'
wigglers, and • Multi-tenant properties: See Notes to
similar Table 4
devices)
Staff (mounted R-1-A, R-1-B, Non-
on building) R-1-C, residential 1 15 15
R-2-A, R-2-8 uses onlv
All other All single 2 30 -zones uses
Portable A-frame, R-1-A, R-1-8, Non-• Residential zone minimum setback:
sandwich R-1-C, residential 1 15 6 10'
board, R-2-A, R-2-8 uses onlv . Multi-tenant properties: See Notes to
pedestal All other All single Table 4
zones uses 2i 30 25 . Regulation of signs in the public right-
of-way: See Notes to Table 5
Inflatables Cold air or R-1-A, R-1-8, Non-• Residential zone minimum setback:
gas-filled R-1-C, residential 1 15 115 10'
obiects, tubes, R-2-A, R-2-B uses only I
38
tube dancers, All other All single • Multi-tenant properties: See Notes to
tornado tubes, zones uses 2 30 25 Table 4
or similar
devices
3-D Objects All objects not R-1-A, R-1-B, Non-. Residential zone minimum setback:
classed as R-1-C, residential 1 15 6 10'
inflatables R-2-A, R-2-8 uses onlv • Multi-tenant properties: See Notes to
All other All single Table 4
zones uses 23 30 25
Human Hand-held, R-1-A, R-1-B, All uses • See Section 16-6-13(G)(2) EMC-
mounted, R-1-C, ---(Human Signs)
costume R-2-A, R-2-B . Multi-tenant properties: See Notes to
All other All uses 1 10
Table 4 -zones
Notes to Table:
1 Classification of on-site accessory signs or advertising devices not listed in this Table shall be determined by the City Manager or designee.
Interpretations shall be made to the Planning and Zoning Commission.
2 Combined total area of all allowed on-site accessory signs and advertising devices.
3 Only 1 on-site sign/device is permitted if an on public sidewalk accessory sign is utilized.
4 Multi-Tenant Properties. Each allowed use on the ground floor of a multi-tenant property shall be allowed 1 on-site accessory sign or advertising
device.
5 For regulation of signs in the public right-of-way: See 16-6-13(D)(2)(f)(5}(c).
39
2. Human Signs. A human sign is defined as an accessory sign which is worn (including
costumes), held or attached to a human fer preFRetieAal J;>l::IFJ;)esos er te adi.iertise aAy
b1::1siAess, seFRFRedity, seNise, astivily, er pred1:1st. Human signs do not include T-shirts,
hats, or other similar clothing.
a. Maximum Number. Each allowed use is permitted to use one (1) human sign. A Sign
Permit shall not be required for a human sign.
b. Maximum Area. The maximum area of a sign held or attached to a human shall be
ten (10) square feet.
c. Standards. Human signs may be located on private property or on the public sidewalk
provided the following standards are met:
(1) No human sign shall be held, displayed, or otherwise located on a public street,
roadway, alley, or median of a public street.
(2) No human sign shall utilize electronic components.
(3) Human signs shall yield to the passage of pedestrians, and
(4) Human signs shall not:
(a) Impair lines of sight that are necessary for the safe movement of vehicular or
pedestrian traffic,
(b) Block the visibility of any traffic control device or traffic signal for motorists or
pedestrians, or
(c) Place any item on any public right of way.
H. Sign Bonuses.
1. Multi-Tenant Signs. Multi-tenant signs are allowed when two (2) or more permitted uses
occupy the same parcel or parcels, or building or group of buildings under the same
ownership. Multi-Tenant signs shall be in addition to all other signs in terms of maximum
sign area and number, provided:
a. No other ground signs are used on the parcel or parcels.
b. Permitted Sign Type: Multi-tenant signs shall be limited to ground or wall signs and
shall not exceed the maximum sign height allowed in the zone district in which the sign
is located .
c. Permitted Sign Face Area . One (1) square foot of sign area for each two (2) linear feet
of street frontage; provided, however, no single sign shall exceed one hundred twenty-
five (125) square feet per face.
d. Permitted Maximum Number. One (1) sign for the primary street frontage. An
additional sign is permitted for each additional street frontage greater than one
hundred fifty feet (150').
40
e. Signs may be located anywhere on site provided sight distance and minimum
separation requirements are met.
f. Where, on the effective date of this Section, two (2) or more multi-tenant signs exist
on a property with multiple frontages, such signs shall not be considered
nonconforming solely due to not meeting the minimum lot frontage requirement of this
Subsection.
2. Buildings Set Back One Hundred Feet or More from the Public Right-of-Way. The area of
one (1) principal sign face may be increased at the rate of one-third of one percent (.0033)
for each foot of distance beyond the first one hundred feet (100') of building setback. The
increase shall be based on the use's allowed sign area, as determined by Tables 16-6-
13.6 through 16-6-13.9 EMC -(Zone District Principal Sign Standards), provided the
increase in sign face area:
a. Shall not exceed one hundred twenty-five (125) square feet.
b. Shall not exceed the maximum sign height allowed in the zone district in which the
sign is located.
c. Shall be granted only for a sign placed at the setback distance used in the calculation.
d. Shall not apply in residential (R) districts.
e. Shall not apply to accessory signs.
f. Shall not be used in combination with 16-6-13(H)(3) EMC -(Multi-Story Building
ldentifisa#ien Wall Signs).
g. The additional sign area calculated herein shall not count against the maximum sign
area. See E-ngk)weed.'-lt1:1stratad Sign Man1:1al 16-6-13:E.3, for a detailed description
of how to calculate increased sign area.
3. Multi-Story Building ldentifieatien Wall Signs. For multi-story buildings in excess of
seventy-five feet (75'), additional wall sign area shall be permitted for building identifieation
purposes in conformance with the schedule set forth below.
a. Sign area shall be based upon a square footage factor multiplied by the horizontal
linear footage of the building's facade at the elevation where the sign is placed as
shown in Table 16-6-13.12 below:
T ABLE 16;.6-13.12: MULTI-STORY B UILDING
-SIGN BONUS FACTOR --
S ign Elevation Square Footage Factor
(Bottom of s ia h to grade}
75 feet to 100 feet 5 sauare feet
> 100 feet to 150 feet 6 sauare feet
> 150 feet 7 souare feet
41
b. Multi-story buildings may be permitted identification wall signs for each building
fa9ade.
c. Wall sign areas permitted by this Subsection for one facade may not be used for any
facade other than the one for which the allowance is granted.
d. Such signs shall not count against maximum sign area or number.
e. Electronic message display signs shall not be permitted under this Subsection .
f. The multi-story bonus shall not be used in combination with 16-6-13(H)(2) EMC -
(Buildings Set Back One Hundred Feet or More from the Public Right-of-Way).
g. The additional sign area calculated herein shall not count against the maximum sign
area. See Eng/6vl8od !JlustFBted SigR Manuat 16-6-13·E,3, for a detailed description
of how to calculate increased sign area.
(Ord. 04-5; Ord. 05-25; Ord. 07-37, § 1; Ord. 08-37, § 11; O rd. 08-72, § 1; Ord. 08-48, § 27;
Ord. 47-12, §§ 1-8)
42
Section 2
16-11-2: Definition of Words, Terms, and Phrases.
Editor's Note: For the purposes of brevity and clarity, the definitions listed below only include
words, terms, and phrases that are related to signs .
Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any
kind with only such material for backing. National flags, state or municipal flags, shall not be
considered banners.
Brightness: For the purpose of sign illumination, brightness is the visual sensation related to
the intensity of light emanating from the face of a sign.
Canopy: A roof-like structure supported by the building and a minimum of one (1) stanchion.
Dynamic Displays: A generic term for non-traditional signage encompassing signs with
moving parts, LED displays, moving images, and electronic messages.
Flag: Any fabric, or similar material containing distinctive colors, patterns, or designs,
attachable at one (1) edge to a staff or cord, and used as a symbol of a government or political
subdivision thereof. All other such devices shall be considered banners.
Frame: A complete, static display message on an electronic message display.
Frame Hold Time: The time interval a static frame must remain on the display before
transitioning to another frame.
Kiosk: A freestanding structure upon which temporary information and/or posters, notices
and announcements are posted.
Marquee: A permanent roof-like structure attached to and supported by the building on which
it is located.
Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof,
the uppermost line of the roof of the building; in the case of an extended facade or parapet, the
uppermost height of said facade or parapet.
Sign: Any object or graphic representation used to advertise, identify, inform, provide
direction or attract attention to any idea, person, institution, organization, business, product,
service, event or location, by any means including but not limited to; words, letters, graphics,
motion, illumination or projected image.
Sign, 3-D Object: For the purpose of Section 16-6-13: Signs, 3-0 (three-dimensional) objects
and a(j•.iertising devices shall include any sign with length, width, and height dimensions other
than principal building and ground signs as defined by this Title.
Sign, Accessory and Ad•1Br:1.is!ng Devices: Any sign permitted without need for a Sign Permit
constructed of cloth, canvas, fabric, vinyl banner material, plywood, or other light-weight material
and generally intended for display for a short period of time. Accessory signs include but are not
limited to banners, 3-0 objects, inflatables, wind-driven, sandwich board, human, and similar
signs. Wind-driven pennants, streamers, fringes, and balloons allowed as incidental signs under
Section 16-6-13(8)(23) shall not be considered accessory signs.
Sign, Animated: Any sign or part of a sign that changes physical position by any movement
or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy,
electronic message displays, and flashing signs shall not be considered animated signs.
43
Sign Area: The entire face of a sign including the advertising surface and any framing, trim
or molding, but not including the supporting structure.
Sign, Awning: A sign attached or applied to an outdoor awning.
S!flR, 8#/boaFEJ: ,c\n off premise, 01:1taeor aElvertising display, 1:1s1:1ally a rigidly assembled board
or panel, permanent!!,' affi*ed er attached to the gro1:1nd or a b1:1ilding.
SifJR, Buttelm BoaFEJ: A sign identifying an on premise instih,itien or organii!:ation providing
anno1:1ncements of events er acti•.iities ecc1:1rring on the premises.
Sign, Bus Bench or Shelter: A sign located on benches or shelters placed in the public right-
of-way or on private property adjacent to the public right-of-way at a bus stop pursuant to a written
agreement with the City which sets forth the regulations for size, content, placement, design, and
materials used in the construction of said signs, benches, and shelters.
Sign, Canopy: A sign attached or applied to a canopy.
Sign, CoRst-rustioR Type 3 Temporary Site: A temporary sign erected on the premises en
which constr1:1ction is taking place, d1:1ring U1e peried of s1:1oh oonstr1:1stion, inElicating the names of
the architects, engineers, landscape architects, contractors or similar artisans, and the e1•♦..ners,
financial s1:1pporters, sponsors, and similar individ1:1als or firms ha1.•ing a role or interest with
respect to the str1:1ct1:1re or project properties with an active Building Permit issued by the City of
Englewood.
Sign, Eles#oR Type 1 Temporary Site: An incidental sign providing information regarding
elestions, candidates, or issues concerning s1:1ch elections. posted not more than forty-five (45}
calendar days prior to an election iovolvioq candidates or issues for the federal state or local
district io which the property is located,
Sign, Electronic Message Display (EMO): A sign that utilizes computer-generated messages
or some other electronic means of changing copy. These signs include displays using
incandescent lamps, LEDs, LCDs, or a flipper matrix.
Sign, Face: The area or display surface made available by the sign structure for the p1:1rpose
of aisplaying a message.
Sign, Flashing: Any sign having lights or illumination that blinks, flickers, or varies in intensity
at any time when in use.
Sign, Ground: Any sign supported by poles, uprights, braces, footers, or foundation extending
from the ground but not attached to any part of a building.
Sign, Holiday Doeora#oR Type 5 Temporary Site Signs: Signs, in the nature of decorations,
clearly incidental to and customarily and commonly associated with any national, local, or religious
holiday.
Sif/R, H<:>mo OssHpatioR: ft. sign identifying a permitted home occ1:1pation .
Sign, Human: An accessory sign which is worn (including costumes), held or attached to a
human for promotional purposes or to ad•Jertise any b1:1siness, sommedity, service, activity, or
prod1:1ct. Human signs do not include T-shirts, hats, or other similar clothing.
SigR, !deologiGa!: A sign •J.il=lish has as its dominant theme or p1:1rpose tl=le e*pression of a
religio1:1s, political, social, philosopl=lical or other iaeologisal message, ideal or belief.
Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or, within
the sign, or directed toward the sign.
44
SigR, J-na<ii#v-e: Any sign iElentifying or aEl,..ertising a business, owner, tenant, pr0El1:1st, seA.•ise
or astii.iity that has not been losateEl on the premises fer a perieEl ef thirty (30) Elays or mere.
SigR, Jol3 Site: An assessery sign prei.iiding infermatien abeut Nh,1re de•,•elepment er s1:1rr0nt
senstrustion on a site er the parties ini.ioli.ieEl in the prejest.
Sign, Mansard Roof: A sign attached to the side of a mansard roof.
Sign, Marquee: Any sign attached to or made a part of a permanent roof-like structure
supported by a building and projecting over public property.
Sign, MeRu BoaFd Drive-Thru: A prinsipal wall er gre1:1ne sign listing prod1:1sts or servises
ai.iailaele at drii.ie thru fasilities a sign along a drive-through lane.
Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or
foundation, as opposed to being mounted to poles, posts or other supports.
Sign, Multi-Tenant: A sign that serves as a common or collective iElentifisatien ~ for two
(2) or more uses on the same premises.
Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this
Title or amendment to, does not conform to the limitations established by this Title.
SigR, 0# .C2f:emi&o&: A sign that dirests attentien te a persen, institution, organizatien,
business, produst, servise, ei.ient or losation not relates to the same premises on whish the sign
is losated.
Sign, Pedestal: A portable accessory sign supported by a stand or base.
Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, posts, or other
support that is not itself an integral part of or attached to a building or structure.
Sign, Portable: Any accessory sign designed to be easily moved that is not permanently
affixed to a building, structure, or embedded in the ground.
Sign, Principal: A sign attached to a building, structure, or the ground in some manner that
requires a Sign Permit from the City and is made of durable materials approved by the City.
Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right
angles to a building or wall in such a manner that its leading edge extends more than eighteen
inches (18") beyond the surface of such building or wall.
Sign, Roof: A sign erected upon and extending above the roofline or parapet of the building
or structure.
Sign, Sandwich Board: A movable accessory sign constructed in such a manner as to form
an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an
appropriate distance by a supporting member.
Sign, Snipe: An off-premise sign that is tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, stakes, fences or other objects.
Sign, Special Event: A sign ad11ertisin§1 placed by individuals conducting events s1:1sl=I as
including but not limited to picnics, carnivals, bazaars, game nights, art fairs, and craft shows, or
similar activities.
Sign, Suspended: A sign suspended from the underside of a horizontal plane of a structure.
Sign, Wall: A sign attached to, painted on, or erected against a wall of a building, the face
(display surface) of which is parallel to the facade of the building and which extends no more than
eighteen inches (18") from the wall.
45
Sign, Wind: Any sign set in motion by wind or breeze, such as banners, flags, pennants or
other objects or material. Flags of nations, states, or municipalities shall not be classified as wind
signs.
Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen
through the window from the exterior of the structure but excludes merchandise in a display
window.
Sign Area: The entire face of a sign within a continuous perimeter enclosing the extreme
limits of the display surface including any framing, trim or molding, but not including the supporting
structure.
Sign Face: The display surface made available by the sign structure fer the fH:IFJJese ef
displaying a message.
Sign With Backing: Any sign that is displayed upon, against, or through any material or color
surface or backing that forms an integral part of such display and differentiates the total display
from the background against which it is placed.
Sign Without Backing: Any word, letter, emblem, insignia, figure or similar character or group
thereof, that is neither backed by, incorporated in or otherwise made part of any other display.
Signable Area: That area of a building facade up to the roofline or top of the wall that is free
of windows and doors or major architectural detail.
Street Frontage: The linear distance along a property line adjacent to a public or private
street.
Transition Duration: The time interval it takes a display to change from one static frame to
another.
Transition Method: A visual effect used to transition from one frame to another. Transition
methods include, but are not limited to dissolve, fade, scroll and travel.
Wall Mural: A picture painted on any exterior wall of a principal building, including but not
limited to: non-commercial art painted images, '.♦..hish (1) sees not sentain the name or logo of
any tn:1siness, or (2) restores a the restoration of a previously existing wall painting~ at least ferty
(40) years old (regardless ef whether s1:1sh wall painting aEIYertised or salled attention to a
produGt). A wall m1:1ral may inslude a sign of no more than tv.io (2) square feet identifying the artist.
Work of Art: All forms of original creations of visual art, including but not limited to: (1)
sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief,
mobile, fountain, kinetic, or electronic; or (2) painting, whether portable or permanently fixed, as
in the case of murals; or (3) mosaics; or (4) photographs; or (5) crafts made from clay, fiber and
textiles, wood, glass, metal, plastics, or any other material, or any combination thereof; or (6)
calligraphy; or (7) mixed media composed of any combination of forms or media; or (8) unique
architectural stylings or embellishments, including architectural crafts; or (9) environmental
landscaping; or (10) restoration or renovation of existing works of art of historical significance.
4 6
Section 3.
Chapter 15-GARAGE SALES
15-16-1: -Definitions.
For the purpose of this chapter, the following terms shall have the meanings indicated:
Garage Sale: Includes all sales entitled "garage sale", "lawn sale", "attic sale",
"rummage sale", "estate sale" or similar sale of tangible personal property, which is
advertised to the public at large.
Person: Shall only include an individual who owns real property; rents or maintains a
lease of real property; or holds the position of property manager of the real property
where the sale is occurring.
(Ord. 02-30)
15-16-2: -Restrictions.
The following restrictions apply to all persons holding a garage sale in the City of
Englewood:
A. No person may conduct more than two (2) garage sales in any calendar year at
the same location.
B. Each garage sale shall last no more than three (3) consecutive days.
C. Only the person, as defined herein, having control of the entire property may
conduct a garage sale.
(Ord. 0230)
15-16-3: -Signs.
Persons who are actjvely holding a garage sale in the City of Englewood Si§Rs are
permitted to place signs in the public right-of-way to advertise garage sales provided the
following provisions are met:
A. No garage sale sign shall exceed eighteen inches by eighteen inches (18" x 18").
B. All garage sale signs shall bear the address of the person holding the garage
sale and date of sale.
C. No garage sale sign shall be placed on a traffic control device or municipal utility
structure.
D. No garage sale sign shall obstruct the view of traffic within the public right-of-way
or hinder municipal operations.
e:. ~Jo garage sale sign shall be posted FRore than three (3) days prior to the garage
~
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F. ~Je garage sale sign shall be left pastes mere than ene (1) say after the garage
sale,.
G.. E. It shall be prima facie evidence that the addressee identified on the garage sale
sign has placed the sign in the public right-of-way.
Section 4. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or it application to other persons or
circumstances.
Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
Section 7. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability,
either civil or criminal, which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions.
Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 17th day of April, 2017
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th
day of April, 2017
Published as a Bill for an Ordinance on the City's official website beginning on the 19th
day of April, 2017 for thirty (30) days.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th
day of April, 2017 for thirty (30) days.
A Public Hearing was held on May 1, 2017.
48
Read by Title and passed on final reading on the 15th day of May, 2017.
Published by Title in the City's official newspaper as Ordinance No. 31, Series of
2017, on the 18th day of May, 2017.
Published by Title on the City's official website beginning on the 17th day of May,
2017 for thirty (30) days.
This Ordinance shall take effect thirty (30) days aft ·
passage.
ATTEST:
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by Title as Ordinance No. 31, Series of 2017.
A{eCa~le
49
~ Ef1Qlewood
TO: Mayor and Council
FROM: Brook Bell
DEPARTMENT: Community Development
DATE: May 15, 2017
COUNCIL
COMMUNICATION
Sign Code Amendments to the Unified Development Code
SUBJECT: (UDC).
DESCRIPTION:
Sign Code Amendments to the Unified Development Code (UDC).
RECOMMENDATION:
Community Development recommends that City Council approve an Ordinance authorizing
amendments to UDC Title 16, Chapter 6, Section 13: Signs; Title 16, Chapter 11, Section 2:
Definition of Words, Terms, and Phrases; and Title 15, Chapter 16, Section 3: Signs-(Garage
Sales).
PREVIOUS COUNCIL ACTION:
City Council held a Pubic Hearing to consider public testimony on the proposed amendments at
their May 1, 2017 meeting.
SUMMARY:
In 2012, the Sign Code was entirely rewritten with significant input from the Planning and Zoning
Commission, citizens, and the business community. Two public forums were conducted and in
September of 2012, City Council adopted the amended sign code. In June of 2015, the U.S.
Supreme Court made a ruling on content based sign codes in the case of Reed v. Town of
Gilbert. Arizona. The ruling impacts numerous municipal sign codes, including the City of
Englewood's code.
In the case of Reed v. Town of Gilbert, the Supreme Court held that portions of the Town of
Gilbert's Sign Code violated the First Amendment of the US Constitution. In particular, the court
ruled that a section of the Sign Code treating various types of signs differently based upon the
information they contained, was unconstitutional . As a result of this decision, many
municipalities are reviewing their sign codes to ensure that they are content neutral and that
First Amendment rights are not violated.
Community Development staff and the City Attorney's Office reviewed Englewood's existing
Sign Code and identified existing regulations that may be problematic based on staff's
understanding of the Reed case. On July 19, 2016 and August 16, 2016 the Planning and
Zoning Commission held a public hearing for the proposed Sign Code amendments and voted
5-0 to forward the proposed amendments to City Council with a favorable recommendation for
adoption.
ANALYSIS:
The specific issue in the Reed v. Town of Gilbert case focused on differing regulations for
temporary directional signs compared to other temporary signs, such as political and ideological
signs. While cities may regulate the ''time, place, and manner'' of signs, the content of signs
cannot be regulated. In other words, if one needs to read the sign in order to understand what
type of sign it is, then the regulation may be unconstitutional. The City may still regulate signs
based on time, manner, and place; including sign size, material, and location. The signs within
the existing code that are most affected by the Supreme Court decision are "temporary" or
"incidental" signs.
PROPOSED AMENDMENTS
Proposed amendments to UDC Section 16-6-13: Signs; 16-11-2: Definition of Words, Terms,
and Phrases; and Englewood Municipal Code (EMC) Section 15-16-3: Signs-(Garage Sales)
are included in the attached Bill for an Ordinance for Council's consideration .
At the first reading of the Bill for an Ordinance on April 17, 2017 Council noted two items that
needed to be corrected in the Ordinance. The code citations and corresponding corrections are
shown below.
Page 16 of the Ordinance, 16-6-13:E.2.c.(2) Non-electronic message display (eMGt signs
illuminated at night shall not exceed a maximum luminance level of seven hundred fifty (750)
candelas per meter squared (cd/m2), regardless of the method of illumination. Measurement
shall be in candelas per meters squared (the luminous intensity of a sign in a specific direction
divided by the area of the sign).
Page 36 of the Ordinance, 16-6-13:G.1.a. Purpose. The purpose of allowing certain on-site
accessory signs and ae¥ertising devices includes:
1. Recognizing and accommodating the business community's desire for economical short-
term signage that can be easily installed, changed, or moved to meet limited ae¥ertising
needs;and
2. Maintaining an aesthetically pleasing environment by minimizing sign clutter.
For the purposes of brevity and clarity, the amendments to UDC Section 16-11-2: Definition of
Words, Terms, and Phrases only include definitions that are related to signs .
FINANCIAL IMPLICATIONS:
The proposed Sign Code amendments will not have any financial impact on the City of
Englewood.
ATTACHMENTS:
Planning and Zoning Commission Minutes -August 16, 2016
Planning and Zoning Commission Findings of Fact-August 16, 2016
Ordinance
~EffQlewood
MINUTES
Planning and Zoning Commission Meeting
Tuesday,August16,2016
1000 Englewood Pkwy-Council Chambers 7:00 PM
~
1. Call to Order
The meeting was called to order at 7:05 p.m.
2. Roll Call
Present:
Absent:
Staff:
Brick, Coleman, Fish Kinton, Pittinos, Austin
Bleile, Freemire, Townley, Madrid (All Excused)
Brook Bell, Planner II, Community Development
3. Approval of Minutes
~
Planning and Zoning Commission Minutes August 2, 2016
a. Kinton moved; Coleman seconded: To approve the
minutes of August 2, 2016 as written.
Ayes: Coleman, Fish, Pittinos, Kinton
Nayes: None
Abstain: Brick
Absent: Bleile, Freemire, Townley, Madrid
Motion carried.
4. Public Hearing Case 2016-03 (Continued) Amendments to
the Unified Development Code Sign Regulations -Continued
a.
Fish moved; Pittinos seconded: To re-open the Public Hearing for
Case 2016-03 Amendments to the Unified Development Code relating
to Sign Regulations
Ayes: Brick, Coleman, Fish, Pittinos, Kinton
Nayes: None
Abstain: None
Absent: Bleile, Freemire, Townley, Madrid
Motion carried.
l?l
Staff Presentation
Brook Bell, Planner II, was sworn in. Mr. Bell reviewed the changes that are
proposed to the sign code. The proposed revisions were made based on
Planning and Zoning Commission
August 16, 2016
the Supreme Court case Reed vs. the Town of Gilbert, Arizona that prohibits
regulation of signage based on content.
~
Public Testimony
No members of the public attended the meeting.
Discussion
Mr. Brick stated that he feels that staff and the Commissioners have
sufficiently revised the sign code regulations to meet the requirements of the
Supreme Court decision in Reed vs. the Town of Gilbert, Arizona, regarding
content based sign regulations.
Mr. Pittinos expressed concern over garage sale signs; Mr. Bell stated that
garage sign code regulations are in Chapter 15 of the UDC and will be
addressed internally with the City Attorney's office.
~
Brick moved; Fish seconded: To close the Public Hearing for Case
2016-03 Amendments to the Unified Development Code relating to Sign
Regulations
Ayes: Brick, Coleman, Fish, Pittinos, Kinton
Nayes: None
Abstain: None
Absent: Bleile, Freemlre, Townley, Madrid
Motion carried.
Pittinos moved; Brick seconded: To forward Case 2016-03
Amendments to the Unified Development Code relating to Sign
Regulations to City Council with a favorable recommendation.
Ayes: Brick, Coleman, Fish, Pittinos, Kinton
Nayes: None
Abstain: None
Absent: Bleile, Freemire, Townley, Madrid
Motion carried.
5. Public Forum
No members of the public were present at the meeting.
6. Staffs Choice
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7.
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8.
Planning and Zoning Commission
Mr. Bell did not have anything further for the Commission. The next meeting will be
September 7th • The discussion regarding commercial requirements in the MU-B-2
and MU-8-3 zone districts will continue.
Attorney's Choice
Interim City Attorney Comer was not present.
Commissioner's Choice
August 16, 2016
Mr. Kinton expressed interest in conducting joint meetings with other boards and
commissions.
Mr. Fish asked when the Commission will discuss Accessory Dwelling Units (ADUs).
Mr. Bell answered that staff has been directed to work on other issues and resume
discussion of ADUs once the Comprehensive Plan has been adopted.
Mr. Brick suggested that representatives from the Police Department attend a meeting
to address crime prevention.
9. Adjournment
The meeting adjourned at 7:50 p.m.
/s/ Julie Bailey , Recording Secretary
3
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #2016-03,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE UNIFIED DEVELOPMENT CODE
TITLE 16-6-13: SIGNS AND 16-11-2:
DEFINITION OF WORDS, TERMS AND
PHRASES
INITIATED BY:
Community Development Department
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
)
)
)
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}
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)
)
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}
)
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present:
Commission Members Absent:
Brick, Coleman, Fish, Klnton , Pittinos
Bleile, Freemire, Townley, Madrid
This matter was heard before the City Planning and Zoning Commission on Tuesday, July 19,
2016 and Tuesday, August 16, 2016 in the City Council Chambers of the Englewood Civic
Center.
Testimony was received from staff. The Commission received notice of Public Hearing, the
Staff Report, and a copy of the proposed amendments to the Unified Development Code Title
16-6-13: Signs and 16-11-2: Definition of Words, Terms, and Phrases which were incorporated
into and made a part of the record of the Public Hearing.
After considering the statements of the staff and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclus!ons.
FINDINGS OF FACT
1. THAT study sessions were conducted by the Planning and Zoning Commission on
March 8, April 19, May 17 and June 7, 2016.
2. THAT notice of the Public Hearing was on the City of Englewood website from June 29
through July 19, 2016 and July 271h through August 16, 2016. Notice was published in
the Englewood Herald July 7, 2016 and August 4, 2016. The Public Hearing was open
and continued from July 19, 2016 to August 16, 2016.
3. THAT the Staff Report was made part of the record.
4. THAT the Supreme Court ruling in the case of Reed vs. the Town of Gilbert, Arizona,
found that portions of the Town of Gilbert's Sign Code violated the First Amendment.
5. THAT amendments to the City of Englewood sign code are necessary to comply with
the ruling by the Supreme Court.
CONCLUSIONS
1. THAT the proposed amendments to the UDC (Unified Development Code) will comply
with the Supreme Court ruling In Reed vs. the Town of Gilbert, Arizona that prohibits
regulation of signage based on content that has been determined to be in violation of
the First Amendment.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2016-
03 amendments to UDC Section 16-6-13: Signs and Section 16-11-2: Definition of Words,
Terms, and Phrases should be referred to the City Council with a favorable recommendation.
This decision was reached upon a vote on a motion made at the meeting of the City Planning
and Zoning Commission on August 16, 2016, by Pittinos, seconded by Brick, which motion
states:
TO FORWARD CASE # 2016-03 AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE RELATING TO SIGN REGULATIONS TO CITY
COUNCIL WITH A FAVORABLE RECOMMENDATION.
AYES:
NAYS: None
ABSTAIN:
ABSENT:
Brick, Coleman. Fish. Pittinos, Chair Kinton
None
Bleile, Freemire, Townley, Madrid
Motion carried.
These Findings and Conclusions are effective as of the meeting on August 16, 2016.
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
Daryl Kinton, Chair
2