Chapter 17-44 Sign Code

The city council declares that in addition to the purpose stated in section 17-02-010, and in order to achieve a cumulative purpose in relationship thereto, it is the intent and purpose of this chapter to:

(A) Recognize that the use of signs constitutes a use of the land;

(B) Assist and be an integral factor in helping to assure the implementation of the goals and policies of the comprehensive plan;

(D) Recognize and insure the right of those concerned to identify businesses, services, and other activities by the use of signs;

(E) Provide a reasonable balance between the right of an individual to identify his or her business by the use of signs and the right of the public to be protected against visual discord resulting from the unrestricted proliferation of signs and similar devices;

(F) Insure that signs are limited to those which are accessory and incidental to the use on the premises where such signs are located;

(G) Insure that signs are compatible with adjacent land uses and with the total visual environment of the community;

(H) Protect the public from hazardous conditions that result from signs which are structurally unsafe, or which obscure the vision of motorists or the view of warning signs;

(I) Promote an overall visual effect which has a minimum of overhead clutter;

(J) Encourage signs which are well designed and compatible with their surroundings and with the buildings to which they are appurtenant;

(K) Recognize that the elimination, as expeditiously and reasonably as is possible, of existing signs that are not in conformance with the provisions of this chapter is as necessary to the public safety and welfare and to the protection of the visual environment as is the prohibition of new signs which would violate the provisions of this chapter;

(L) Recognize that instances may occur where technical review of determinations made by the building official may for good cause be necessary, and to provide a procedure for such review; and

(M) Recognize the right of residents of the city to exercise their right to free speech by the use of signs containing noncommercial messages that are subject to minimum regulation regarding structural safety and visual setbacks. (Ord. 149 Art. 22 §2, 1973; Ord. 249 Art. 1 §2, 1975; Ord. 731 §2, 1987)

17-44-030 Applicability; conflict of provisions.

(A) The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location, and maintenance of all signs within the city, and it shall be unlawful to display, construct, erect, alter, use, or maintain any sign except in conformance with the provisions of this chapter.

(B) Nonconforming signs existing at the time of enactment of the ordinance codified in this chapter shall be subject to the provisions of sections 17-36-060 through 17-36-180.

(1) Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger. Identification or bulletin board signs accessory to governmental buildings or facilities shall not be exempt from the provisions of this chapter;

(2) The flag, pennant, or insignia of any nation, organization of nations, state, county, city, religious, civic, or educational institution, except when such are used in connection with a commercial promotion, or as an advertising device;

(3) Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local, or religious holiday or celebration; provided that such signs are not displayed for a period of more than sixty consecutive days, nor more than sixty days in any one year;

(4) Signs displayed on trucks, buses, trailers, or other vehicles which are being operated or parked in the normal course of business, such as signs which are located on moving vans, delivery trucks, rental trucks, and trailers; provided that the primary purpose of such vehicles is not for the display of signs; provided further that said vehicles are parked in areas appropriate to their use as operational vehicles; and

(5) Temporary or permanent signs erected by public utility companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.

(D) If any of the provisions of this chapter are inconsistent with the provisions of any other law or laws presently existing or enacted in the future, of the city regarding requirements for signs, the provisions containing the more restrictive requirements shall apply. (Ord. 149 Art. 22 §3, 1973; Ord. 249 Art. 1 §3, 1975; Ord. 731 §3, 1987)

17-44-040 Scope.

The provisions and requirements of this chapter shall apply to all signs erected or maintained in the city, unless specifically modified, excepted, or otherwise provided for by the specific provisions for any zoning district. (Ord. 149 Art. 22 §4(1), 1973; Ord. 249 Art. 1 §4(1), 1975)

17-44-050 Signs; permitted; permit not required.

(A) The following signs shall be permitted in all zoning districts, and all provisions of this chapter shall apply, except that a sign permit and sign permit fee shall not be required:

(1) Street address or identification signs. Signs limited in content to name of occupant and address of premises, and signs advising of danger or caution which are nonilluminated, internally illuminated, or indirectly illuminated, and which are limited to wall, window, and freestanding signs; which do not exceed two square feet per face of four square feet in total surface area; which are limited to six feet in height; and which are limited to one such sign per each use or building, whichever is the greater number;

(2) Real estate signs. Temporary nonilluminated real estate signs which do not exceed six square feet per face and six feet in height in residential areas, and twelve feet per face and six feet in height in business and industrial areas. Such signs shall be limited to one sign per street frontage of the lot. Such signs shall not remain in place more than seven days after sale or rental of the subject property;

(3) Memorial signs. Signs in the nature of cornerstones, commemorative tablets, and historical signs which do not exceed four square feet per face in area and six feet in height, and which are nonilluminated or indirectly illuminated;

(4) Private traffic directional signs. Private traffic directional signs guiding or directing vehicular traffic onto or off of a lot or within a lot, when such signs do not exceed six square feet per sign per face in area and eight feet in height, do not contain any advertising or trade name identification, and which are nonilluminated, internally illuminated, or indirectly illuminated. Private traffic-control signs which conform to the standards of the Colorado Manual of Uniform Traffic Control Devices may exceed six square feet per face in area, but shall not exceed seven square feet per face, and such signs shall not exceed eight feet in height;

(5) Public purpose signs. Signs required or authorized for a public purpose by any law, statute, or ordinance. Such signs may be of any type, number, area, height above grade, location, or illumination, as authorized by the applicable law, statute, or ordinance. No such sign shall be placed in the public right-of-way, unless specifically authorized or required by the law, statute, ordinance, and, except for warning signs or barricades of a temporary nature, such signs shall be permanently attached to the ground, a building, or other structure;

(6) Nonilluminated window signs. Nonilluminated window signs when the following conditions are met:

a. The total area of such signs does
not exceed twenty-five percent of the
total window area in the same vertical
plane at the ground floor level on the
side of the building or business unit upon which the signs are displayed, and does not exceed twenty-five percent of the total allowable sign area for the premises,

b. Whenever such signs are combined to achieve a single sign, such aggregate signs shall not exceed twenty square feet in area,

c. Such signs must be placed behind a glass surface, and shall not be placed in unglazed openings, and

d. No such sign shall be placed in windows above the ground floor level;

(7) Political or noncommercial signs. Political or noncommercial signs which do not exceed sixteen square feet per face and seven feet in height in residential areas, and thirty-two square feet per face and seven feet in height in business and industrial areas, subject to the following regulations:

a. No such signs shall be located within, on, or over any public right-of-way or other public property or within, on, or over private property without the consent of the owner. For the purpose of enforcing the provisions of this subparagraph, the terminus of the public right-of-way is the edge of the sidewalk adjacent to either a front lot line or side lot line; however, if there is no sidewalk, the terminus of the public right-of-way is four feet from the outside edge of a concrete curb, or if there is no curb, six feet from the edge of the asphaltic street pavement adjacent to either a front lot line or side lot line.

b. Neither any person nor organization responsible for the erection or distribution of any sign which is intended to urge the voting public to support a candidate, political party, or political philosophy, or to urge action on any ballot issue, nor the owner of the property upon which such signs are located, shall fail to remove such signs within seven days after the election to which the signs pertain, unless such signs continue to be pertinent to another election to be held within ninety days, in which case such signs shall be removed within seven days thereafter.

(8) Informational and directional signs. Signs commonly associated with and limited to information and directions and related to the permitted use on the lot on which the sign is located; provided that each such sign does not exceed 150 square inches in total area and is nonilluminated, internally illuminated, or indirectly illuminated. This category shall be interpreted to include such signs as “no smoking,” “restroom,” “no solicitors,” “self-service,” “vacancy,” and similar information signs;

(9) Customer information signs. Nonilluminated or indirectly illuminated signs which identify, as a courtesy to customers, items such as “credit cards accepted,” “redemption stamps offered,” “menus,” or “prices.” Such signs shall be limited to one sign for each use and shall not exceed four square feet per face or eight square feet per face or eight square feet in total area. Such signs may be attached to the building as projecting or wall signs, suspended from a canopy, or included as an integral part of a freestanding sign. If any such sign is located in the area described in section 17-44-090, it shall be subject to the requirements of that section; and

(10) Copy changes. In addition to the above, no permit shall be required for copy changes on a conforming bulletin board, poster board, display case, or marquee; nor for maintenance where no structural changes are made; nor for copy changes on signs using interchangeable letters.

(11) Bus stop shelter signs. No permit is required for signs on bus stop shelters that are located on public rights-of-way or on private property adjacent to public rights-of-way, provided the city has granted a revocable permit for any such bus stop shelter.

(B) The signs permitted in paragraphs (1) through (7) of subsection (A) shall be permitted in addition to the signs permitted by sections 17-44-200 through 17-44-240, and shall not be counted against the total allowable sign area or total number of signs permitted on the premises, unless such signs exceed the limitations specified in paragraphs (1) through (7) of subsection (A). (Ord. 149 Art. 22 §4(2), 1973; Ord. 249 Art. 1 §4(2), 1975; Ord. 731 §§4, 5, 1987; Ord. 1031 §1, 1994; Ord. 1156 §1, 1995; Ord. 1201 §1, 1996)

17-44-060 Prohibited signs.

The following signs shall not be permitted, erected, or maintained in the city:

(A) Signs with visible moving, revolving, or rotating parts, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for time-temperature-date signs;

(B) Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy;

(C) Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electric pulsations;

(D) Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations;

(E) Signs which incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals;

(F) Any sign together with its supporting structure, now or hereafter existing which, ninety days or more after the premises has been vacated, advertises an activity, business, product, or service no longer produced or conducted on the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the building official upon good cause for such extension being shown. In no event shall such an extension exceed thirty days. This provision shall not apply to signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business;

(G) Any sign or structure which:

(1) Is structurally unsafe,

(2) Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation,

(3) Is not kept in good repair and maintenance,

(4) Is capable of causing electrical shocks to persons likely to come into contact with it,

(5) In any way interferes with the clear and unobstructed view of any sign or device used for the control of traffic,

(6) In any way interferes with the clear and unobstructed view of traffic on any street,

(7) Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare, or

(8) Creates in any other way an unsafe distraction for motor vehicle operators;

(H) Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other required exitway;

(I) Illegal nonconforming signs as defined by this chapter;

(J) Roof signs; and

(K) Off-premises advertising signs, or any other signs not pertinent and clearly incidental to the permitted use of the property where located, except for political or noncommercial signs as permitted and regulated by section 17-44-050, temporary subdivision directional signs as permitted and regulated by section 17-44-130, and signs permitted under the provisions of sections 17-44-320 through 17-44-370. (Ord. 149 Art. 22 §4(3), 1973; Ord. 249 Art. 1 §4(3), 1975; Ord. 731 §6, 1987)

17-44-070 Area computation.

The area of a sign shall be measured in conformance with the following regulations:

(A) In computing the area of a sign, standard mathematical formulas for common regular geometric shapes (triangle, parallelogram, circle, and ellipse, or combinations thereof) shall be used;

(B) In the case of an irregularly shaped sign or a sign with letters or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single continuous rectilinear perimeter or not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of a similar character, together with any material or color forming an integral part or background of the display, or used to differentiate such sign from the backdrop or structure against which it is placed;

(C) That portion of the sign structure which is visible and viewed in the same plane as the sign face which either exceeds fifty percent of the area of the sign face, or is made an integral part or background of the display, shall be included in computing the total sign area;

(D) Where a sign has two or more display faces, the area of all faces shall be included in determining sign area;

(E) The total surface area of multiple unit signs shall include the vertical and horizontal spacing between the letters which comprise the word or words that convey the sign's message;

(F) Where three-dimensional figures are used as signs, the area shall be the total area, as projected on a vertical plane, of each side of the figure which is visible beyond the boundaries of the lot upon which the figure is located. For purposes of this regulation, a figure shall be considered to have not less than nor more than four sides, and the number of sides to measured shall be determined by the intended location and visibility of the figure;

(G) Street or building frontage used as the basis of determining the permitted sign area for one building or use shall not be used again as the basis for determining the permitted sign area for another building or use. Nothing in this chapter shall be construed to prohibit the additional building or use from erecting a sign which would otherwise be authorized by the provisions of this chapter; and

(H) All riders and attachments to signs or
sign structures, whether temporary or permanent, shall be included as part of the total sign
area for the sign to which they are attached. (Ord. 149 Art. 22 §4(4), 1973; Ord. 249 Art. 1 §4(4), 1975)

17-44-080 Sign; freestanding; setback.

Freestanding signs in any zoning district other than political or noncommercial signs as referred to in section 17-44-050(A)(7) of this chapter shall be set back the following distances, and no point of any such sign shall extend beyond the required setback line:

(A) Signs up to and including seven feet in height shall be set back ten feet from any property line adjacent to a street;

(B) Signs over seven feet in height shall be set back from any property line adjacent to a street equal to the required setback line as required by this title for the district in which the sign is located;

(C) Signs in business and industrial districts shall not be located less than twenty-five feet from any adjacent residential zoning district line; and

(D) In planned unit developments, a lesser setback may be permitted where deemed necessary and desirable, if specifically approved by the city council as a part of the PUD plan approval. (Ord. 149 Art. 22 §4(5), 1973; Ord. 249 Art. 1 §4(5), 1975; Ord. 1031 §2, 1994)

17-44-090 Sign; at street intersection.

On corner lots, no sign or sign structure between a height of two and one-half feet and seven feet above the street elevation, other than a pole twelve inches or less in cross-sectional area, shall be erected within the following described area: The interior triangle formed by the right-of-way lines at such corner lots and a straight line joining said right-of-way lines at points which are fifty-five feet from the intersection of the right-of-way lines measured along said right-of-way lines, unless otherwise approved by the city engineer. This regulation shall apply to all signs except wall signs. (Ord. 149 Art. 22 §4(6), 1973; Ord. 249 Art. 1 §4(6), 1975)

17-44-100 Illuminated sign.

Illuminated signs shall be subject to the following conditions:

(A) Any light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly onto surrounding areas; and

(B) Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. (Ord. 149 Art. 22 §4(7), 1973; Ord. 249 Art. 1 §4(7), 1975)

17-44-110 Sign; on fence or wall.

Signs displayed upon fences or upon walls which are not an integral part of a building or which are used as fences, shall be erected or mounted in a plane parallel to the fence or wall, shall not extend above the top of the fence or wall, and shall not project more than fifteen inches from the face of the fence or wall. Such signs shall be subject to regulations of this title applicable to freestanding signs concerning maximum area per sign and number of signs permitted per lot or per premises. (Ord. 149 Art. 22 §4(8), 1973; Ord. 249 Art. 1 §4(8), 1975; Ord. 1031 §3, 1994)

17-44-120 Window sign.

When permanent or temporary nonilluminated window signs are displayed in a window so as to be visible beyond the boundaries of the lot upon which such signs are displayed, the area of all such window signs in excess of twenty-five percent of the total window area in the same vertical plane at the ground floor level on the side of the building or business unit upon which such signs are displayed or twenty-five percent of the total allowable sign area for the premises shall be included in the total allowable sign area for the premises. All illuminated window signs shall be included in the total allowable sign area for the premises. No window sign shall be placed in windows above the ground floor level. Temporary posters announcing or advertising events sponsored by noncommercial organizations shall be exempt from the limitations on window signs. (Ord. 149 Art. 22 §4(9), 1973; Ord. 249 Art. 1 §4(9), 1975)

17-44-130 Temporary signs.

Temporary signs in all zoning districts shall be subject to the following specific requirements:

(A) Construction signs. Nonilluminated signs advertising subdivision, development, construction or other improvements of a property shall be permitted in any zoning district and shall comply with the following:

(1) Such signs shall be limited to freestanding, wall, or window signs; shall not exceed sixty-four square feet in total area nor thirty-two square feet per face, and shall not exceed eight feet in height. No riders or attachments to such signs shall be permitted.
For residential developments consisting of five dwelling units or less, the maximum area permitted for a construction sign shall be six square feet per face for each dwelling unit being constructed.

(2) Construction signs shall be displayed only on the property to which the sign pertains. One such sign shall be permitted per street upon which the property either has frontage or has an entrance from a major thoroughfare; provided that the minimum distance between signs on any single development shall be 1,000 feet.

(3) In the case of a subdivision, construction signs shall not be displayed prior to the date a final subdivision plat for the involved area has been officially approved by the city council. Said signs may be displayed for the duration of the subdivision and shall be removed upon completion of the project. If, for any reason, it cannot readily be determined if the project is completed or terminated, the building official shall make such determination. In other cases, such signs may be displayed for the duration of construction until issuance of a certificate of occupancy.

(4) In addition to a construction sign advertising a subdivision, there shall be permitted one model home sign identifying each different model, not to exceed six square feet in total area, on each lot upon which a model home is located. Such model home sign shall be removed at the time the unit ceases to be a model home.

(B) Subdivision directional signs. Subdivision directional signs are defined as nonilluminated signs informing the public as to routes or changes in direction of travel in order to arrive at a subdivision or similar development on which a construction sign is permitted by the terms of subsection 17-44-130(A). Subdivision directional signs shall be allowed in any zoning district, and shall comply with the following:

(1) If such signs contain advertising for only one development, subdivision, or builder, such signs shall be known as “single tenant signs” and shall not exceed fifteen square feet per sign in total area or ten square feet per sign face, and shall not exceed eight feet in height;

(2) If such sign contains advertising for two or more developments, subdivisions, or builders, such signs shall be known as “multi-tenant signs.” Multi-tenant signs shall not exceed fifty square feet in total sign face, and shall not exceed eight feet in height, provided that the amount of sign area devoted to one development, subdivision, or builder on a multi-tenant sign shall not exceed fifteen square feet per multi-tenant sign in total area or ten square feet per sign face. At no time may a multi-tenant sign have fewer than two tenant advertisements. If a multi-tenant sign has fewer than two tenant advertisements, then said sign shall be removed within five working days following notice of removal by the building official.

(3) Copy on such signs shall be limited to the name of the developer, the name of the development or project, and the characteristic insignia or trademark, and necessary travel directions. Advertisements for any development, subdivision, or builder must face the traffic in the normal direction of travel to that subdivision or development advertised. No riders or attachments to such signs shall be permitted.

(4) Subdivision directional signs shall be located only on undeveloped land adjacent to arterial streets, which land may be property other than the subdivision or development to which the sign refers. Subdivision directional signs shall not be located any closer than 250 feet from a driveway or street intersection unless set back from any public right-of-way line more than twenty-five feet. The minimum distance between signs located on the same arterial street and referring to the same subdivision shall be one mile.

(5) Subdivision directional signs shall not be displayed prior to the date a final subdivision plat for the involved area has been officially approved by the city council. Such signs may be displayed for the duration of construction within the subdivision, and shall be removed upon completion of the project. If, for any reason, it cannot be readily determined if the project is completed or terminated, the building official shall make such determination.

(6) Applications for permits for subdivision directional signs shall be accompanied by a statement, signed by the owner of the property on which the sign is to be placed, indicating his or her consent to erect the sign and assuming the responsibility for its removal.

(C) Temporary commercial signs. Temporary commercial signs are defined as nonilluminated signs informing the public as to commercial events, sales, or promotions for a particular business or group of businesses. Temporary commercial signs shall be allowed in any business or industrial district, and shall comply with the following:

(1) Maximum sign area permitted: The maximum sign area permitted shall be seventy-five square feet for wall signs. The maximum sign area permitted shall be six square feet for freestanding signs. Wall signs shall be single-sided and freestanding signs may be double-sided.

(2) For the purpose of determining the maximum number of temporary commercial signs, the following criteria shall apply:

a. For a business with less than 35,000 square feet of business floor area, one freestanding sign and one wall sign are permitted.

b. For a business with 35,000 to 100,000 square feet of business floor area, two freestanding signs and two wall signs are permitted.

c. For a business with over 100,000 square feet of business floor area, three freestanding signs and three wall signs are permitted.

(3) Wall signs. Wall signs must be fastened to the building and placed so as not to create hazardous or unsafe conditions. Wall-mounted signs must not block access to windows or doors. Wall signs cannot be hung from trees or be strung from posts in landscaping areas. Each temporary commercial wall sign permit shall be valid for thirty consecutive days. There shall be a thirty-day waiting period between the issuance of temporary commercial wall sign permits for the same business.

(4) Freestanding signs. The following are the permitted locations, minimum setbacks, and related requirements for freestanding signs:

a. The sign must be placed at least one foot behind the sidewalk. If there is no sidewalk, then the sign must be at least five feet from the back of the curb.

b. The sign must be at least thirty feet from the edge of any access drive or street intersection or at any other location that would pose a potential hazard to vehicular traffic.

c. The sign must not be placed where there is less than four feet of clearance for pedestrian passage or at any other location that would pose a potential hazard to pedestrian traffic.

d. Businesses in a shopping center or other multi-tenant complex may place temporary freestanding signs adjacent to the business, at the perimeter of the site, or in a landscaped common area in conformance with all other requirements.

e. There must be at least a twenty-five-foot separation between signs for multi-tenant centers.

f. Temporary signs cannot be placed in medians in public streets.

g. Off-site signage is not permitted. The freestanding sign must be located on the same property as the business for which it is advertising or within the shopping center in which the business is located.

h. Temporary signs shall be displayed during daylight business hours only.

i. Each permit for a temporary com-mercial freestanding sign shall be valid for one year, and such permit can be renewed annually, provided that the sign remains in good condition and in compliance with all other requirements. (Ord. 1875 §1, 2007)

17-44-140 Sign; subdivision entrance.

Entry signs used for the purpose of identifying the entrance to a subdivision, planned unit development (PUD), or mobile home park shall be permitted in any zoning district, subject to the following conditions:

(A) Such signs shall be limited to:

(1) Individual letters on a building or freestanding wall;

(2) A maximum of two signs per entry, one on each side of the street entering the premises; and

(3) Fifty square feet of sign area per entry for subdivisions and mobile home parks, and 200 square feet per entry for planned unit developments, if specifically approved by the city council.

(B) Such signs shall be used for the sole and exclusive purpose of identifying the entrance to the subdivision, mobile home park, or PUD, and the signs shall contain no copy other than the name of the subdivision, mobile home park, or PUD.

(C) Such signs shall be set back a distance of fifteen feet from any property line, and shall not exceed five feet in height.

(D) Such signs may have indirect or internal-indirect lighting.

(E) Such signs shall be located in a setting of landscaped open space having a minimum size of four square feet for each one square foot of sign area.

(F) Such signs shall be placed and installed in such a manner as to not confuse or in any way interfere with traffic, or present any traffic hazard.

(G) The specific location of any design of such signs shall be approved by the department of community development. (Ord. 149 Art. 22 §4(11), 1973; Ord. 249 Art. 1 §4(11), 1975; Ord. 1805 §1, 2005)

17-44-150 Maintenance.

Every sign including those specifically exempt from this chapter in respect to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant metals. The building official or his or her authorized representative shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (Ord. 149 Art. 22 §4(12), 1973; Ord. 249 Art. 1 §4(12), 1975)

17-44-160 Sign; accessory to nonconforming use.

Signs accessory to legal nonconforming uses shall be permitted, subject to all regulations of the zoning district wherein such signs are located, as set forth in section 17-44-200 through 17-44-240. (Ord. 149 Art. 22 §4(13), 1973; Ord. 249 Art. 1 §4(13), 1975)

17-44-170 Signs; accessory to use permitted by special review.

Signs which are accessory to those uses specified in the ordinance codified in this chapter as “Special Review Uses,” shall conform to all regulations of this title, including those of the zoning district in which the use is to be located. As set forth in chapter 17-30, signs shall be subject to the review process set forth in that section. (Ord. 149 Art. 22 §4(14), 1973; Ord. 249 Art. 1 §4(14), 1975)

17-44-180 Sign; planned unit development.

Signs located in planned unit developments shall conform to all regulations of this title including those of the zoning district in which the PUD is located, unless specifically exempted therefrom by the city council as a part of the PUD review and approval process, as set forth in chapter 17-38. (Ord. 149 Art. 22 §4(15), 1973; Ord. 249 Art. 1 §4(15), 1975)

17-44-190 International Building Code; applicability.

All signs must meet the applicable design, construction, and related standards specified in the International Building Code. (Ord. 149 Art. 22 §4(16), 1973; Ord. 249 Art. 1 §4(16), 1975; Ord. 1858 §12, 2008)

17-44-200 District regulations established.

The type of signs permitted and the regulation of the number, placement, area, and use of signs is established. No sign shall be erected except as provided in the district in which it is permitted, nor shall any sign be used for any purpose or in any manner, except as allowed by the regulations of the zoning district in which the sign is proposed or maintained. Upon application to and issuance by the building official of a permit therefor, the signs enumerated in sections 17-44-210 through 17-44-240 may be erected and maintained in the enumerated zoning districts. (Ord. 149 Art. 22 §5(1), 1973; Ord. 249 Art. 1 §5(1), 1975)

17-44-210 Low-density residential districts; requirements.

The following requirements apply to signs in low-density residential districts:

(A) Zoning districts OS, A-1, E-1, E-2, R-1, R-PUD, and other such open space, agricultural, or low-density residential districts as may be established pursuant to the provisions of this title;

(B) General: Signs shall be located on the same lot as the permitted use to which the signs are accessory, and shall be clearly incidental, customary, and commonly associated with the operation of the permitted use;

(D) Type of sign permitted: Identification sign, and bulletin board for nonresidential uses only, such as churches and schools;

(E) The following are the maximum permitted sign areas for the uses indicated:

(1) Identification sign for single-family residential uses, not to exceed four square feet per lot; and

(2) Identification sign and bulletin board for nonresidential uses, not to exceed a combined total sign area of twenty-five square feet per building or lot, whichever the case may be;

(F) The following are the maximum permitted sign area per face for the uses indicated:

(1) Identification sign for single-family residential uses, two square feet; and

(2) Identification sign, bulletin board, or any combination thereof for nonresidential uses, fifteen square feet;

(G) The following are the maximum number of signs permitted for the uses indicated:

(1) Identification sign for single-family residential uses, one per lot;

(2) Identification sign for nonresidential uses, one per building; and

(3) Bulletin board for nonresidential uses, one per building;

(H) The following are the permitted locations, minimum setbacks, and related requirements for signs in the uses indicated:

(1) Freestanding signs shall be set back a minimum of ten feet from any property line;

(2) Wall and window signs shall be set back from the boundary line of the lot on which such sign is located the same distance as the structure containing the permitted use; and

(3) No sign shall project into any public right-of-way;

(I) Permitted maximum height above grade: Signs permitted by this section shall not exceed six feet in height above grade level; and

(J) Permitted illumination and animation: Signs permitted in this section shall be nonilluminated, internally illuminated, or indirectly illuminated, subject to the requirements set forth in section 17-44-100. If illuminated, such illumination shall be turned off between the hours of 11:00 p.m. and 7:00 a.m., unless illumination is clearly required for safety purposes. Signs shall not be animated. (Ord. 149 Art. 22 §5(2), 1973; Ord. 249 Art. 1 §5(2), 1975; Ord. 651 §3, 1985)

17-44-220 Medium-density and high-density residential districts; requirements.

The following requirements apply to signs in medium-density and high-density residential districts:

(A) Zoning districts: R-3, R-3 (PUD), R-5, R-5 (PUD), and such other medium-density and high-density residential zoning districts as may be established pursuant to the procedures of this title;

(D) Type of sign permitted: Identification sign, bulletin board for nonresidential uses only, such as churches and schools, and business sign only for uses permitted by special review;

(E) The following are the maximum permitted sign areas for the uses indicated:

(1) For multiple-family residential uses, identification sign of two square feet per dwelling unit, not to exceed a total of thirty-two square feet per multiple-family building,

(2) For nonresidential uses, identification sign and bulletin board not to exceed a combined total sign area of twenty-five square feet, and

(3) For uses permitted by special review, the total area of the business sign shall be the lesser of fifty square feet, or the maximum sign area permitted for the use in the schedule of requirements for the business zoning districts. The sign area shall not be in addition to any identification sign or bulletin board permitted by this section;

(F) The following are the maximum permitted areas per sign face for the uses indicated:

(1) Identification sign for multiple-family uses, sixteen square feet,

(2) Identification sign, bulletin board, or any combination thereof for nonresidential uses, fifteen square feet, and

(3) Business sign for uses permitted by special review, fifteen square feet;

(G) The following are the maximum numbers of signs permitted for the uses indicated:

(1) Identification sign for multiple-family uses, one sign per building frontage,

(2) Identification sign for nonresidential uses, one sign per lot,

(3) Bulletin board for nonresidential uses, one per building, and

(4) Business sign for uses permitted by special review, one per building;

(H) The following are the permitted locations, minimum setbacks, and related requirements for signs in the uses indicated:

(1) Freestanding signs shall be set back a minimum of ten feet from any property line,

(2) Wall and window signs shall be set back from the boundary line of the lot on which such sign is located the same distance as the structure containing the permitted use; provided, however, that wall signs may project into the required setback space eighteen inches, and

(3) No sign shall project into any public right-of-way;

(I) The following are the maximum permitted heights for signs for the uses indicated:

(1) Freestanding signs shall not exceed seven feet in height above grade level, and

(2) The maximum height for wall signs shall be the lesser of the height of the building to which such sign is attached or fifteen feet; and

(J) Permitted illumination and animation: Signs permitted by this section shall be nonilluminated, internally illuminated, or indirectly illuminated, subject to the requirements of section 17-44-100. (Ord. 149 Art. 22 §5(3), 1973; Ord. 249 Art. 1 §5(3), 1975)

17-44-230 Business districts; requirements.

The following requirements apply to signs in business districts:

(A) Zoning districts: B-1, B-1 (PUD), B-2, B-2 (PUD), B-PUD, and such other business zoning districts as may be established pursuant to the procedures of this title;

(B) General: Signs shall be located on the same lot as the permitted use to which they are accessory and shall be clearly incidental, customary, and commonly associated with the operation of said permitted use;

(D) Type of sign permitted: Identification sign and bulletin board for any use permitted in residential zones as regulated by the residential zoning districts; business signs; joint identification sign; political sign; time-temperature-date sign; and temporary sign.

(E) Maximum sign area permitted: The maximum sign area permitted shall be determined in accordance with one of the following provisions:

(1) For a building having but one business or use located therein, the greater of twenty-five square feet, or one and one-half square feet of sign area for each horizontal lineal foot of building frontage at the street level; provided, however, that the maximum total sign area for any such building shall not exceed 300 square feet,

(2) For a building having more than one business or use located therein, for each business or use occupied at the street level, one square foot of sign area for each horizontal lineal foot of building frontage of said business or use at the street level for the first 200 feet of building frontage, plus one-half square foot of sign area for each horizontal lineal foot of frontage thereafter, subject to the following adjustment factor and subject to the following limitations:

a. Adjustment factor. Where the sign area, as based upon the provisions of subsection (E)(2), for a business or use occupied at the street level does not result in twenty-five square feet, then the sign area for that business or use may be increased to, but shall not exceed, twenty-five square feet.

b. Limitations. The maximum total sign area for any one business or use occupied at the street level shall not exceed 300 square feet.

(3) For the purpose of determining the total allowable sign area for buildings with more than one building frontage, the following criteria shall apply:

a. Where the building has more than one building frontage, as defined in this chapter, the maximum sign area for that building shall be based upon the total horizontal length of not more than two contiguous frontages, and

b. Signs may be located on any side of the building involved; provided, however, that the total sign area for any one side of the building shall not exceed the sign area permitted on the basis of that building frontage considered independently of other frontages;

(F) The following are the maximum sign surface areas for the uses indicated:

(1) Freestanding sign. One and one-half square feet of sign area for each horizontal lineal foot of building frontage; provided, however, that the maximum total surface area of any freestanding sign shall not exceed 200 square feet, and the maximum surface area of any one face of a freestanding sign shall not exceed 100 square feet,

(2) Marquee sign. The maximum surface area of any one face of a marquee sign shall not exceed ten square feet,

(3) Projecting sign. The maximum surface area of a projecting sign shall be the lesser of:

a. One square foot of sign area for each horizontal lineal foot of frontage of the building or business unit upon which such sign is displayed, or

b. Twenty square feet per sign.

The maximum surface of any one face of a projecting sign shall not exceed ten square feet. Any end panel on a projecting sign shall be counted as a face of the sign and shall be included in the area of that sign if the end panel is twelve inches or more in width,

(4) Suspended sign. The maximum total surface area of a suspended sign shall not exceed ten square feet, and the maximum surface area of any one face of such a sign shall not exceed five square feet,

(5) Wall signs. The total area of all wall signs on any face of a building shall not exceed twenty-five percent of the area of that portion of the building facade, between ground level and the roof-line, or a line twenty-five feet above grade level, whichever is the lesser, upon which said signs are attached. The maximum surface area of the face of any wall sign shall be related to the size of the wall surface upon which the sign is attached. The wall surface shall be determined by taking the product of the building frontage of the building, measured along the wall upon which the sign is attached, times the height of the roof-line of the building to which the sign is affixed. The maximum allowable surface area of the face of any wall sign shall be determined in accordance with the following table:

Wall Surface (Building Frontage Times Height of Roof Line)	Maximum Permitted Surface Area of the Face of Any Wall Sign
0-- 999 sq. ft.	50 sq. ft.
1,000--1,999 sq. ft.	60 sq. ft.
2,000--2,999 sq. ft.	70 sq. ft.
3,000--3,999 sq. ft.	80 sq. ft.
4,000--4,999 sq. ft.	90 sq. ft.
5,000 sq. ft. & above	100 sq. ft.

(6) Window sign. See sections 17-44-050 and 17-44-060;

(G) Maximum number of signs permitted. The maximum number of signs permitted shall be determined in accordance with one of the following provisions:

(1) For a building having but one business or use located therein, three signs per building frontage, not to exceed a total of five signs per building. Signs may be placed on any side of the building consistent with this provision; provided that the total combined area of all such signs shall not, in any event, exceed the maximum total sign area permitted for that building pursuant to the provisions of this chapter,

(2) For a building having more than one business or use located therein, the maximum number of signs for that building shall not exceed two signs for each business at the street level for its exclusive use,

(3) One freestanding sign shall be permitted for each frontage of the building involved. Where a building has more than one building frontage, as defined in this chapter, the freestanding sign permitted for each frontage shall be located adjacent to that frontage, and the minimum horizontal distance between such signs on the same lot shall be seventy-five feet, and

(4) Not more than one projecting sign shall be permitted on each face of a building;

(H) The following are the permitted locations, minimum setbacks, and related requirements for signs for the uses indicated:

(1) Freestanding sign. Signs shall be set back ten feet from any street right-of-way line; provided that a clear area be maintained to a height of six feet within fifty-five feet of the intersection of two streets, or a railroad right-of-way and a street, or a driveway and a street. Freestanding signs shall not be located less than twenty-five feet from any residential district. The horizontal distance between freestanding signs on adjacent lots shall not be less than the height of a taller sign. No freestanding sign shall project into a public right-of-way,

(2) Marquee sign. Marquee signs shall be set back from the boundary line of the lot on which they are located the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches, but shall not project into a public right-of-way. No marquee sign shall project more than two feet from the principal building to which such sign is attached,

(3) Projecting sign. Projecting signs shall be set back from the boundary line of the lot on which they are located the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches, but shall not project into a public right-of-way. Such signs shall not project more than two feet from the face of any building, and shall have a minimum clearance above ground level of eight feet. No projecting sign shall project more than two feet from the building to which such sign is attached,

(4) Suspended sign. Suspended signs shall be set back from the boundary line of the lot on which they are located the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches but shall not project into any public right-of-way. Such signs shall have a minimum clearance above ground level of eight feet. The minimum horizontal distance between suspended signs shall be fifteen feet, and such signs shall not project beyond the outside limits of the arcade, canopy, or marquee to which they are attached. Such signs shall be subject to the safety standards of this title,

(5) Wall sign. Wall signs shall be set back from the boundary lines of the lot the same distance as the structure containing the permitted use; provided, however, that such signs may project into the required setback space eighteen inches, but shall not project into any public right-of-way. No wall sign shall be attached to or displayed against any parapet wall which does not extend around the entire perimeter of the building;

(I) The following are the maximum heights permitted for signs for the uses indicated:

(1) Freestanding sign. Signs may be a maximum of twenty feet in height,

(2) Marquee, projecting, and suspended signs. The maximum height for such signs shall be the lesser of the height of the building to which such signs are attached or fifteen feet above grade level,

(3) Requirements applicable to all signs. No point on any marquee, projecting, suspended, or wall sign shall project above the roof structure to which it is attached. Signs attached to parapet walls shall not project above the highest point of the parapet wall;

(J) Permitted illumination and animation. Signs permitted in this section may be internally or indirectly illuminated, subject to the requirements of section 17-44-100. No sign shall be animated;

(K) Joint identification signs. Subject to the conditions set forth in this chapter, and upon application to and issuance by the building official of a permit therefor, joint identification signs are permitted for two or more businesses within the same building, or for more than one building within a collectively and jointly used area, excluding parking, where such building has at least 500 horizontal lineal feet of building frontage at the street level, or where such buildings within a collectively and jointly used area have at least a combined total of 500 horizontal lineal feet of building frontage at the street level. The following joint identification signs and requirements are in addition to all other permitted signs and requirements:

(1) Class of joint identification signs permitted: Freestanding and wall,

(2) Maximum sign area permitted: One-half square foot of sign area for each horizontal lineal foot of building frontage at the street level for the building or buildings involved,

(3) Maximum sign surface area permitted. The total surface area of any joint identification sign shall not exceed 200 square feet, and the surface area of any one face of a joint identification sign shall not exceed 100 square feet,

(4) Maximum number of joint identification signs permitted. One joint identification sign shall be permitted for each 500 horizontal lineal feet of building frontage at the street level,

(5) General location and review. The location of all joint identification signs shall be subject to the review and approval of the department of community development. Said review shall be consistent with the provisions of this chapter,

(6) Freestanding joint identification signs.

a. Signs shall be set back ten feet from any street right-of-way line; provided that a clear area be maintained to a height of six feet within fifty-five feet of the intersection of two streets, or a railroad right-of-way and a street, or a driveway and a street, unless otherwise approved by the city engineer.

b. All freestanding joint identification signs shall not be located less than twenty-five feet from any residential zoning district.

c. The horizontal distance between freestanding joint identification signs on the same lot or with the same jointly identified area shall not be less than 500 feet.

d. The horizontal distance between freestanding joint identification signs on adjacent lots shall not be less than the height of the taller sign.

e. No freestanding joint identification sign shall project into any public right-of-way.

(7) Other requirements for freestanding joint identification signs.

a. There shall be a minimum of one square foot of landscaped area at the base of freestanding joint identification signs per each one square foot total sign area of such signs. All landscaped areas shall be properly maintained at all times.

b. Consistent with subsection (K)(7)a. above, design, location, and landscape treatment shall be subject to site plan review and approval by the department of community development. If such matters are not shown in detail on the original site development plan, then a separate site plan application shall be required.

c. Masonry and landscaping incorporated as an integral part of a joint identification sign will not be counted as a part of such sign for the purpose of sign area measurement.

(8) Wall joint identification sign.

a. Wall joint identification signs shall be set back from the boundary lines of the lot the same distance as the structure containing the permitted uses; provided, however, that such signs may project eighteen inches into the required setback space.

b. No wall joint identification sign shall project into any public right-of-way.

c. No wall joint identification sign shall be attached to or displayed against any parapet wall which does not extend around the entire perimeter of the building.

(9) Permitted maximum height above grade.

a. The maximum height of a freestanding joint identification sign shall be twenty feet.

b. The maximum height of a wall joint identification sign shall be the lesser of the height of the building to which said sign is attached or twenty-five feet above grade level.

(10) Permitted illumination and animation. Joint identification signs may be internally or indirectly illuminated, subject to the requirements of section 17-44-100. No joint identification sign shall be animated;

(L) Time-temperature-date signs. Time-temperature-date signs which do not exceed twenty-five square feet per face shall not be required to be included in the allowable sign area permitted for the building; provided, however, that any identification or advertising which is attached to or made a part of the same sign structure shall be included in the allowable sign area for the premises. It shall be the responsibility of the owner of such signs to maintain them and insure that they are kept accurate. If these conditions are not met, then the time-temperature-date sign shall be repaired or removed by the city; and

(M) Buildings which constitute signs.

(1) Any building or portion of a building which is proposed to be erected in a business or industrial district and which is classified as a sign, as defined in this chapter, shall be permitted only upon application for, and approval of, a special review, in accordance with the procedure set forth in sections 17-44-320 through 17-44-370.

(2) It shall be the responsibility of the building official to determine whether or not a proposed building, or portion thereof, will be classified as a sign prior to issuance of a building permit, and to notify the owner or builder of the proposed building of such findings and of the provisions of this subsection. No building permit shall be issued for any such building until approval of the building has been given in accordance with the provisions of sections 17-44-320 through 17-44-370.

(3) The owner or builder shall furnish, at the time of application for a building permit, building plans, elevations, and details which are adequate to enable the building official to make the necessary determination as to whether or not the building should be classified as a sign.

(4) The owner or builder of any building which is classified as a sign by the building official shall have the right to appeal such interpretation to the zoning board of adjustment in the manner provided for in chapter 17-36. (Ord. 149 Art. 22 §5(4), 1973; Ord. 249 Art. 1 §5(4), 1975; Ord. 266 §1(a), 1976; Ord. 1805 §2, 2005; Ord. 1854 §1, 2006)

17-44-240 Industrial districts; requirements.

The following requirements apply to signs in the industrial districts:

(A) Zoning districts: I-1, I-1 (PUD), I-2, I-2 (PUD), and such other industrial districts as may be established pursuant to the procedures found in this title;

(B) General: Signs shall be located on the same lot as the permitted use to which they are accessory, and shall be clearly incidental, customary, and commonly associated with the operation of the use;

(E) The following shall be the maximum permitted sign areas for the uses indicated:

(1) The total sign area permitted per industrial building shall be determined as follows: the greater of twenty-five square feet, or one square foot of a sign area for each horizontal lineal foot of building frontage; provided, however, that the total sign area for any one building shall not exceed 300 square feet, and

(2) For the purpose of determining the total allowable sign area for buildings with more than one building frontage, the following criteria shall apply:

a. Where a building has more than one building frontage, as defined in this chapter, the maximum sign area for that building shall be based upon the total horizontal length of not more than two contiguous frontages, and

(F) Applicability of schedule of requirements for business districts to industrial districts: The requirements of subsection 17-44-230(F), excluding paragraph (5), shall apply in their entirety to signs permitted in the industrial districts. That section and subsections set forth the requirements for the following:

(1) Maximum sign surface area permitted,

(2) Maximum number of signs permitted,

(3) Permitted location, minimum setbacks, and related requirements,

(4) Permitted maximum height above grade,

(5) Permitted illumination and animation,

(6) Joint identification signs,

(7) Time-temperature-date signs, and

(8) Buildings which constitute signs; and

(G) Wall signs: The total area of all wall signs on any face of a building shall not exceed twenty-five percent of the area of that portion of the building facade between ground level and the roof-line, or a line twenty-five feet above grade level, whichever is the lesser, upon which the signs are attached. The surface area of the face of any wall sign shall not exceed fifty square feet. The addition required in that increase in maximum permitted wall signs for business districts does not apply to industrial zoning districts. (Ord. 149 Art. 22 §5(5), 1973; Ord. 249 Art. 1 §5(5), 1975; Ord. 266 §1(f, g), 1976)

17-44-250 Structural requirements; design.

(A) General. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment.

(B) Wind loads. Signs and sign structures shall be designed and constructed to resist wind forces, as specified in the latest edition of the International Building Code.

(C) Seismic loads. Signs and sign structures shall be designed and constructed to resist seismic forces, as specified in the latest edition of the International Building Code.

(D) Combined loads. Wind loads and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses shall be used. Vertical design loads, except roof-line loads, shall be assumed to be acting simultaneously with the wind or seismic loads.

(E) Allowable stresses. The design of wood, concrete, or steel members shall conform to the requirements of the latest edition of the International Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the latest edition of the International Building Code. The working stresses of wire rope and its fastenings shall not exceed twenty-five percent of the ultimate strength of the rope or fasteners. Working stresses for wind loads
combined with dead loads may be increased as specified in the latest edition of the International Building Code. (Ord. 149 Art. 22 §6(1), 1973; Ord. 249 Art. 1 §6(1), 1975; Ord. 1858 §13, 2008)

17-44-260 Structural requirements; construction.

(A) General. Signs and sign structures shall be securely built, constructed, and erected in conformance with the requirements of this section.

(B) Location. Supports for signs or sign structures shall not be placed in or upon public rights-of-way or public easements.

(C) Materials and installation. Materials of construction and installation for signs and sign structures shall be of the quality and grade as specified for buildings in the latest edition of the International Building Code.

(D) Restrictions on combustible materials. All sign structures, except for construction signs, those signs specifically excepted in section 17-44-050, window signs and signs located inside buildings which are erected in business and industrial zoning districts, shall have structural members of heavy timber or incombustible material. Wall signs, projecting signs, and signs on arcades and marquees shall be constructed of incombustible material, except as provided in subsection (E) of this section, or as specifically approved by the building official. No combustible materials other than approved plastic shall be used in the construction of electric signs.

(E) Nonstructural trim. Nonstructural trim may be of wood, metal, approved plastic, or any combination thereof.

(F) Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, vertical or horizontal, shall not exceed safe values. Braced ground signs shall be anchored to resist specified wind or seismic loads acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil for effective resistance to pullout amounting to a force twenty-five percent greater than the required resistance, to a depth of not less than three feet. Anchors and supports shall be guarded and protected when near driveways, parking lots, or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support safely the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall.

(G) Display surfaces. Display surfaces in all types of signs may be made of metal or other approved materials.

(H) Approved materials. The building official shall require that sufficient technical data be submitted to substantiate the proposed use of any materials; and if it is determined that the evidence is satisfactory for the use intended, he or she shall approve its use. (Ord. 149 Art. 22 §6(2), 1973; Ord. 249 Art. 1 §6(2), 1975; Ord. 1858 §14, 2008)

17-44-270 Structural requirements; clearance.

(A) Signs shall not be located with less than three feet horizontal nor eight feet vertical clearance from overhead electric conductors which are energized in excess of 750 volts.

(B) No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with free use of any fire escape, exit, or standpipe. No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance of the city. (Ord. 149 Art. 22 §6(3), 1973; Ord. 249 Art. 1 §6(3), 1975)

17-44-280 Structural requirements; freestanding signs.

(A) Freestanding signs may be constructed of any material meeting the requirements of this chapter.

(B) Supports for freestanding signs shall not be placed upon public rights-of-way or public easements, and shall be designed in accordance with the requirements of this chapter. Where such signs are located in vehicular parking and circulation areas, a base or barrier of concrete or steel not less than thirty inches high shall be provided to protect the base of the sign from possible damage by vehicles.

(C) Where any freestanding sign has a clearance of less than eight feet from the ground, there shall be provided a barrier or other adequate protection to prevent hazard to pedestrians and motorists. (Ord. 149 Art. 22 §6(4), 1973; Ord. 249 Art. 1 §6(4), 1975)

17-44-290 Structural requirements; wall signs.

(A) Wall signs shall be constructed of incombustible material meeting the requirements of this chapter.

(B) Projecting wall signs shall be designed in accordance with the requirements of this chapter. (Ord. 149 Art. 22 §6(5), 1973; Ord. 249 Art. 1 §6(5), 1975)

17-44-300 Structural requirements; marquee signs.

Signs may be placed on, attached to, or constructed in a marquee. Such signs shall, for the purpose of determining projection, clearance, height, and materials, be considered a part of and shall meet the requirements for a marquee, as specified in the International Building Code. (Ord. 149 Art. 22 §6(6), 1973; Ord. 249 Art. 1 §6(6), 1975; Ord. 1858 §15, 2008)

17-44-310 Structural requirements; electric signs.

(A) General. Electric signs shall be constructed of incombustible material meeting the requirements of this chapter. Electric signs shall be rain-tight, except that service holes fitted with waterproof covers shall be provided to each compartment of such signs. All electric signs hereafter installed or erected in the city shall bear the label of Underwriters' Laboratories, Inc.

(B) Installation. No electrical sign shall be erected or maintained which does not comply with the electrical code of the city.

(C) Interference with radio or television. No electric equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of illuminated signs. Whenever interference is caused by an unfiltered or improperly filtered or otherwise defective sign, or by any other electrical device or apparatus connected to the sign, the building official shall order the sign disconnected until repairs are made. (Ord. 149 Art. 22 §6(7), 1973; Ord. 249 Art. 1 §6(7), 1975)

17-44-320 Special exceptions; intent.

One of the stated intents of sections 17-44-320 through 17-44-370 is to encourage signs which are well designed and compatible and consistent with their surroundings, to encourage the use of freestanding identification signs which are of a low profile, planter-type design when such signs are designed to complement the architectural style and design of the building or subdivision to which they are appurtenant, and to be compatible with the general area where the sign is to be located.

Additionally, it is recognized that signs are a necessary means of communication for the convenience of the public. There are certain types of signs which are not in common use throughout the city or are peculiar to a particular type of activity and which are deemed to be desirable, under controlled circumstances, for the public convenience. The general regulations of this chapter, however, are such that these signs, signs on theater marquees, collective identification or directory signs showing the names of various civic or religious organizations, signs which identify large commercial or industrial developments, and kiosks located within pedestrian areas for the purpose of displaying posters and similar signs, are not generally permitted or are restricted in such a manner as to affect the utility of such signs.

Therefore, it is the intent of sections 17-44-320 through 17-44-370 to provide a means of review and approval of special exceptions to the provisions of this chapter whereby specified deviations from the general sign regulations may be allowed to permit the aforementioned types of signs, without need for proof of hardship; provided that the proposed size, location, and design of such signs are compatible with their surroundings and consistent with the general intent of this chapter.

Furthermore, there may be occasions when a building or portion of a building proposed to be built in the city will, by virtue of its design, decoration, illumination, or otherwise, be classified as a sign, as defined in this chapter, and, as a result, will exceed the maximum sign area permitted by this chapter. Therefore, it is the further intent of sections 17-44-320 through 17-44-370 to provide a means for review and evaluation of such proposals in order to insure that the resulting construction is compatible with the general intent of this chapter. (Ord. 521 §2, 1983)

17-44-330 Special exceptions; scope.

Special exceptions pursuant to sections 17-44-320 through 17-44-370 may be made only for the following:

(A) Exceptions to the maximum allowable sign area for the freestanding identification signs of a low profile, planter-type design when such signs:

(1) Are located in business and industrial districts,

(2) Are designed to complement the architectural style of buildings to which they are appurtenant, and

(3) Contain no copy other than a name, street address, and a logotype or trademark. However, such exceptions shall not increase the sign area in an amount greater than twenty-five percent of the maximum allowable sign area for freestanding identification signs as provided for in the schedule of requirements for the business and industrial districts;

(B) Exceptions to the maximum sign area for signs which identify developments, provided that:

(1) The development is zoned to permit commercial or industrial uses;

(2) The development is at least fifty acres in size;

(3) The development fronts on an arterial street or highway;

(4) A preliminary plat has been approved for the entire development;

(5) A final plat has been approved for at least part of the development;

(6) The sign contains no copy other than a name, street address, and a logotype or trademark;

(7) No sign face is bigger than one square foot for each acre included in the preliminary plat; and

(8) The total sign area is no more than two square feet for each acre included in the preliminary plat; or

(C) Exceptions to the maximum sign area permitted on theater marquees in cases where necessary copy and standard changeable letter sizes clearly necessitate such an exception;

(D) Exceptions to general sign regulations to permit the erection of collective identification or directory signs showing the names and locations of various civic or religious organizations in the community when such signs are not located on the premises of the uses being named, but rather are located in business or industrial districts, and are placed adjacent to an arterial street or highway near entrances to the city;

(E) Exceptions to general sign regulations to permit the erection of kiosks or similar structures, and the display thereon of signs, posters, notices, etc., when such structures are located within primarily pedestrian-oriented circulation areas, and when such structures have little or no building frontage upon which basis permitted sign areas can be calculated. Such structures shall be permitted only in business or industrial districts, or within planned unit developments in residential districts; or

(F) Proposals to erect buildings in business or industrial districts which, by reason of design, decoration, illumination, or otherwise, may be interpreted by the building official to be signs. (Ord. 521 §3, 1983)

17-44-335 Special exceptions; jurisdiction of land use review commission.

Jurisdiction is expressly conferred upon the land use review commission only for the review of those matters specifically enumerated in subsections (A) through (F) of section 17-44-330, and in the manner provided in this section. This section shall not be construed nor interpreted as granting the land use review commission any powers to vary the terms of this chapter in any way other than as specifically enumerated in this chapter. (Ord. 521 §4, 1983; Ord. 1111 §41, 1995)

17-44-340 Special exceptions; application; contents.

Application for approval of a sign permitted as a special exception shall be filed by the owner of the sign for which the new approval is requested. Such application may be submitted for review and approval concurrently with application for a planned unit development or a use permitted by special review under this title, if the sign is to be a part thereof. The application shall be submitted in writing to the department of community development, and shall include the following plans and information:

(A) The name, address, and telephone number of the owner or person entitled to possession of the sign and of the sign contractor or erector;

(B) The location by street address of the proposed sign structure;

(C) A site plan, drawn to scale, showing the location of the proposed sign, the location of existing or proposed buildings or other structures on the lot, the location of existing signs and proposed signs on the premises, the location of public rights-of-way on or adjacent to the property, and the location of vehicular entrances and exits on the property;

(D) Elevation drawings of the proposed sign, drawn to scale, showing major dimensions of the proposed sign, including height, clearance above sidewalks and distance of projection from the building, proposed sign copy, and pertinent architectural details and location of any landscaping to be provided in connection with the sign;

(E) Type and location of proposed illumination;

(F) Elevation or perspective drawings, or photographs, showing the architectural design and construction materials of existing proposed buildings on the lot, when such information is pertinent to the application;

(G) Any additional information which the applicant feels may support the request;

(H) Such additional information which the department of community development or the land use review commission determines necessary to adequately review the request; and

(I) Each application shall be accompanied by an application fee of $25.00 to cover the costs of processing and publication. The fee shall be in addition to the required sign permit fees. (Ord. 149 Art. 22 §7(3), 1973; Ord. 249 Art. 1 §7(3), 1975; Ord. 1111 §42, 1995; Ord. 1805 §1, 2005)

17-44-350 Special exceptions; jurisdiction.

The land use review commission shall have jurisdiction to hear all applications for special exceptions. No special exception shall be granted unless the proposed sign or structure meets each and every one of the following requirements:

(A) The proposed sign will not be contrary to the intent of this chapter, as declared in section 17-44-020;

(B) The proposed sign will be in accordance with the intent of sections 17-44-320 through 17-44-370;

(C) The proposed sign will comply with all applicable provisions of this chapter unless any such provisions are expressly permitted to be varied by the special exception procedure;

(D) The proposed sign is reasonably necessary, and the degree of the exception is the minimum necessary to accomplish the purpose of the sign itself; and

(E) The proposed sign will not result in adverse effects upon neighboring properties, or the health, safety, and general welfare of the public. (Ord. 149 Art. 22 §7(4), 1973; Ord. 249 Art. 1 §7(4), 1975; Ord. 1111 §43, 1995)

17-44-360 Special exceptions; approval procedure.

The following procedure shall be required in connection with any application for a special exception:

(A) Within forty-five days after the receipt of an application, or as soon thereafter as possible, the land use review commission, after giving notice, shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52.

(B) After hearing the application, the land use review commission shall make its findings, which shall be recorded in the official minutes of the meeting, either:

(1) Granting the proposal application in whole or in part, with or without modifications or conditions; or

(2) Denying the application.

(C) The decision of the land use review commission shall not become effective until thirty days after the date the commission renders its decision.

(D) The city council shall retain the right, on its own initiative, to review, approve, disapprove, change, alter, or in any other way amend the decision of the land use review commission. In such event, the city council shall, within thirty days from the date of the land use review commission's decision, notify the commission and the applicant that the city council has exercised its right to hear the application and to review the commission's decision. In such event, the following procedures shall apply:

(1) Within ten days of receipt of notification, the chairman of the land use review commission shall submit to the city clerk the application and all supporting materials and documentation pertaining thereto, and a written report of the commission's findings, decisions, and reasons therefor.

(2) Within thirty days after issuing notification, the city council shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52.

(3) After hearing the application, the city council shall make its findings pursuant to the criteria set forth in section 17-44-350 either:

a. Granting the application in whole or in part with or without modifications; or

b. Denying the application. The findings and decisions shall be recorded in the official minutes of the city council meeting.

(E) All approved plans for the proposed sign shall be endorsed by the chairman of the land use review commission or by the mayor, as the case may be, and shall be filed with the building official, who shall then issue a permit for the sign as approved.

(F) Any modification of the proposed sign or sign structure after approval has been granted by the land use review commission, or by the city council in the event the city council exercises its right of review, shall not be permitted unless specifically approved in accordance with all of the procedures applicable to the initial approval of the sign. If approval has been granted by the city council, any modification shall need to be approved by the city council. Nothing in this section shall be construed as preventing the city council from exercising its right of review for requested modifications for signs which the city council did not exercise said right for an initial approval granted by the land use review commission. (Ord. 516 §14, 1983; Ord. 1111 §44, 1995)

17-44-370 Special exceptions; existing signs.

Any existing sign which does not conform to the regulations of this chapter but which may be permitted as a special exception pursuant to the provisions of sections 17-44-320 through 17-44-370 shall be subject to review of its nonconforming status, according to the following:

(A) At any time after the effective date of the ordinance codified in this chapter, and at least ninety days prior to the expiration of the amortization period for the sign, as established in sections 17-36-070 through 17-36-180, the owner of the sign may make application for a special exception according to the requirements of section 17-44-340.

(B) The application shall be processed and reviewed in the manner provided for in sections 17-44-350 and 17-44-360. The land use review commission shall either:

(1) Grant the application, as requested by the applicant, and confirm that the existing sign will thereafter be considered as a conforming sign;

(2) Require any modifications or conditions which it deems necessary to insure that the sign is in compliance with the intent of this chapter and the intent of sections 17-36-070 through 17-36-180, and establish the conforming status of the sign according to the required modifications or conditions; or

(3) Deny the application.

(C) If the owner of the sign fails to make application for a special exception within the specified time period, or if the land use review commission denies the application, the sign shall be considered a nonconforming sign and shall be subject to the amortization requirements of sections 17-36-070 through 17-36-180. (Ord. 149 Art. 22 §7(6), 1973; Ord. 249 Art. 1 §7(6), 1975; Ord. 1111 §45, 1995)

17-44-380 Permit; application; approval.

(A) Except as provided in section 17-44-050, it shall be unlawful to display, erect, relocate, or alter any sign without first filing with the building official an application, in writing, and obtaining a sign permit therefor. When a sign permit has been issued by the building official, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without prior approval of the building official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the building official.

(B) The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent. Such application shall be made, in writing, on forms furnished by the department of community development, and shall be signed by the applicant.

(C) The building official shall, within five working days of the date of the application, either approve or deny the application, or refer the application back to the applicant in any instance where insufficient information has been furnished. (Ord. 149 Art. 22 §8(1), (2), 1973; Ord. 249 Art. 1 §8(1), (2), 1975; Ord. 1805 §1, 2005)

17-44-390 Permit; revocation; appeal.

(A) If the building official finds that work under any permit issued is not in accordance with the information supplied in the permit application or is in violation of this or any other pertinent ordinance, or should he or she find that there has been any misrepresentation in connection with the application for the permit, he or she shall notify the sign owner or erector of such findings and that the violation must be corrected without delay. If such correction is not made, the building official shall revoke the permit and serve written notice thereof upon the sign owner or erector. No person shall proceed with any part of such work after such notice is received.

(B) The owner shall have the right to appeal the decision of the building official in the manner provided for in chapter 17-46. (Ord. 149 Art. 22 §8(3), 1973; Ord. 249 Art. 1 §8(3), 1975)

17-44-400 Permit; nonuse; revocation when.

(A) If actual work either on or off the site is not commenced under any permit issued within sixty days from the date of such permit, or if substantial building operations under any permit issued under this chapter are suspended for a period of sixty consecutive days, the permit shall automatically become null and void.

(B) Delays which are not a result of willful acts or neglect of the contractor, owner, or person obtaining the permit shall be excluded from the terms of subsection (A), and the building official may grant an extension of time in which to start or resume operations. All requests for extension and approval thereof shall be in writing. (Ord. 149 Art. 22 §8(4), 1973; Ord. 249 Art. 1 §8(4), 1975)

17-44-410 Permit; revocation; forfeiture of fees when.

When any permit has been revoked under the terms and provisions of sections 17-44-390 through 17-44-400, permit fees shall not be refunded. (Ord. 149 Art. 22 §8(5), 1973; Ord. 249 Art. 1 §8(5), 1975)

17-44-420 Permit; plans, specifications, and other data.

The application for a sign permit shall be accompanied by the following plans and other information:

(A) The name, address, and telephone number of the owner or persons entitled to possession of the sign, and the name, address, and telephone numbers of the sign contractor or erector;

(B) The location by street address of the proposed sign structure;

(C) Complete information as required on the application forms provided by the building official, including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as is pertinent to the application;

(D) Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used;

(E) Application, and required information for such application, for an electrical permit for all electric signs if the person building the sign is to make the electrical connection; and

(F) A statement of valuation. (Ord. 149 Art. 22 §8(6), 1973; Ord. 249 Art. 1 §8(6), 1975)

17-44-430 Permit; fees.

A permit fee shall be paid to the department of community development for each sign permit issued under this chapter; provided, however, that a fee shall not be charged for putting a sign in conformance with this chapter when such action is taken voluntarily within six months prior to the expiration of the applicable amortization period, or for a copy change when no change in business name is involved. The permit fee shall be in accordance with the applicable schedule of fees set forth in the applicable ordinance of the city. (Ord. 149 Art. 22 §8(7), 1973; Ord. 249 Art. 1 §8(7), 1975; Ord. 1805 §1, 2005)

17-44-440 Identification and marking of signs.

Each sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding fifteen square inches in area, stating the name of the person responsible for its construction and erection, with installation date and permit number thereon. Electrical signs shall be marked with input amperes at full load input. (Ord. 149 Art. 22 §8(8), 1973; Ord. 249 Art. 1 §8(8), 1975)

17-44-445 Identification and marking of temporary commercial signs.

Each temporary commercial sign hereafter erected shall bear thereon a clearly legible identification sticker issued by the city and county of Broomfield. Such sticker shall identify the valid dates of the subject permit. (Ord. 1875 §2, 2007)

17-44-450 Inspection of signs.

All signs shall be subject to inspections by the building official. Footing inspections may be required on the day of excavation for all freestanding signs. The building official may, within forty-eight hours after being notified that the sign is ready for inspection, also require inspection of electrical signs before erection. The permit holder or his or her agent shall notify the building official when signs are complete and ready for final inspection. (Ord. 149 Art. 22 §8(9), 1973; Ord. 249 Art. 1 §8(9), 1975)

17-44-460 Registration of existing signs.

In order to facilitate the administration and enforcement of the provisions of this chapter, the building official may require the registration of all signs or of all signs in certain categories, which exist in the city, together with information relating to date of construction, cost, and similar information. Such registration, if required, shall be made by the owner of the sign or the owner of the property upon which the sign is located, on forms provided by the building official. No fee shall be required for such registration. (Ord. 149 Art. 22 §8(10), 1973; Ord. 249 Art. 1 §8(10), 1975)

17-44-470 Nonconforming signs; continuation; conditions.

A nonconforming sign may be continued and shall be maintained in good condition; provided, however, that such sign shall not be:

(A) Changed to another nonconforming sign;

(B) Structurally altered, except to meet safety requirements;

(D) Reestablished after its discontinuance for ninety days;

(E) Continued in use after cessation or change of the business or activity to which the sign pertains; or

(F) Reestablished after damage, if repair or reconstruction costs exceed fifty percent of the sign's replacement cost, as determined by the building official. (Ord. 856 §4, 1989)

17-44-480 Repair or removal of signs; notice; lien.

(A) If the building official finds that any sign is maintained in violation of the provisions of this chapter, he or she shall give written notice to the owner or person entitled to possession of the sign or the owner of the property where the sign is located. If such person fails to alter or remove the sign so as to comply with this chapter within thirty days after receipt of such notice, the building official may cause such sign to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of such expenses, certify same to the director of finance.

(B) The director of finance shall notify the owner or person entitled to possession of the sign or property of the total costs incurred for such alteration or removal of the sign, and if that person fails within thirty days after the date of notification to pay the entire costs and expenses of such repair, alteration, or removal, than such costs and expenses shall become a lien against and running with the property, and the director of finance shall certify the same to the applicable county treasurer for collection in the same manner as general property taxes are collected.

(C) The amount certified by the director of finance to the county treasurer for collection shall include the actual cost of repair or removal of the sign, plus fifteen percent to defray the city's costs and expenses, and any charges of the county treasurer for such collection. (Ord. 856 §5, 1989)

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