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HomeMy WebLinkAboutArticle 11 CC Recommendation Draft CLEANthe Planning Director's decision to require a development plan amendment GARFIELD COUNTY, COLORADO Article 11: Signs CODE COMMITTEE RECOMMENDATION DRAFT OCTOBER 30, 2012 CLEAN ULUR 2008 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-i ARTICLE 11 SIGNS TABLE OF CONTENTS DIVISION 1 GENERAL PROVISIONS ................................................................. .... 2 SECTION 11-101 APPLICABILITY. ................................................................................... 2 A. General. ................................................................ ................................................... 2 B. Sign Permit Required. .............................................................................................. 2 C. Sign Size Measurement. .......................................................................................... 2 SECTION 11-102 EXEMPT SIGNS AND STANDARDS............................................... ...... 2 A. Government Sign and Notice.................................................................................... 2 B. Signage for Hazardous or Dangerous Conditions.......................... ........................... 2 C. Building Identification and Commemorative Sign...................................................... 2 D. Structural Maintenance and Changes to Advertising Copy. ...................................... 2 E. Residential Sign. ...................................................................................................... 2 F. Vehicle Signs and Advertising Device. ..................................................................... 3 G. Art Display................................................................................... ............................. 3 H. Directional Traffic Sign. ............................................................................................ 3 I. Signs Identifying a Place of Religious Assembly....................................................... 3 J. Ideological Sign. ................................................................................................... .... 3 K. Temporary Political Campaign Sign.......................................................................... 3 SECTION 11-103 TEMPORARY SIGNS AND STANDARDS .................................. .......... 3 A. Construction Sign. .................................................................................................... 3 B. Real Estate Signs......................................... ............................................................ 3 C. Garage Sale Signs. .................................................................................................. 3 D. Community Event and Non-Profit Fund Raising Signs.............................................. 4 E. Temporary Decorations and Displays........................................................... ............ 4 DIVISION 2 SIGN PERMIT APPLICATION, REVIEW, AND APPROVAL............... 4 SECTION 11-201 PROCESS. ...................................................................................... ...... 4 SECTION 11-202 REVIEW CRITERIA. .............................................................................. 5 SECTION 11-203 SIGN TABLE. .................................................. ..................................... 6 DIVISION 4 MAINTENANCE, INSPECTION, AND ENFORCEMENT. .................... 9 SECTION 11-401 OBSOLETE SIGNS. .................................................... .......................... 9 SECTION 11-402 NONCONFORMING SIGNS. ................................................................. 9 SECTION 11-403 MAINTENANCE, INSPECTION AND ORDER TO REPAIR.................10 A. Maintenance............................................................................................................10 B. Inspection and Authority for Order to Repair............................................................10 C. Written Order..................................................................................................... ......10 SECTION 11-404 REMEDIES. ..........................................................................................10 A. Removal of Abandoned or Obsolete Sign................................ ................................10 B. Removal of Prohibited Sign. ....................................................................................10 C. Revocation of Sign Permit. ......................................................................................11 SECTION 11-405 ENFORCEMENT AND PENALTIES. ....................................................11 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-2 ARTICLE 11: SIGNS DIVISION 1 GENERAL PROVISIONS 11-101. APPLICABILITY. A. General. The regulatory provisions of this Article shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Garfield County. B. Sign Permit Required. Unless specifically exempted by provisions of this Code, all signs require a Sign Permit, issued by the Building Official, prior to installation or placement. Modification or deviation from the terms or conditions of an approved Sign Permit is prohibited without approval of the Building Official. C. Sign Size Measurement. The area of a sign shall be measured as the sum of all sign faces, except where a sign has 2 parallel display faces with the same design and content, the area of 1 side shall be considered the total area of signage for that sign. 11-102. EXEMPT SIGNS AND STANDARDS. The following Signs are allowed in all zone districts and do not require a sign permit. Exempt signs shall be subject to compliance with the currently adopted Building and Electrical Code, the regulatory provisions in Section 11-302 Sign Table, and the Standards listed in this Section. A. Government Sign and Notice. 1. Government signs for local, state and federal agencies, such as “Neighborhood Watch” signs and COGCC required signs. 2. Official government notices posted by government officers in the performance of their duties or by a landowner required to post a notice by government officials. B. Signage for Hazardous or Dangerous Conditions. 1. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 2. Warning signs such as “No Trespassing,” “Danger,” and “Do Not Enter.” C. Building Identification and Commemorative Sign. Building name, date of erection, monumental citations and commemorative tablets when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type construction and located as an integral part of the structure. D. Structural Maintenance and Changes to Advertising Copy. Painting, repairing and cleaning of an advertising structure or changing the advertising copy or message on an advertising structure, unless a structural change is made. E. Residential Sign. Identification signs for places of residence. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-3 F. Vehicle Signs and Advertising Device. Signs permanently affixed to a vehicle or trailer with current registration, such as advertisements painted on trucks and cars. G. Art Display. Works of art which do not serve to identify a product or business and which are not displayed in conjunction with a commercial enterprise that may benefit or realize direct commercial gain from the display. H. Directional Traffic Sign. Directional traffic signs that do not carry any commercial messages or advertisements. I. Signs Identifying a Place of Religious Assembly. Signs identifying a building as a place of religious assembly or as a religious institution, provided that: 1. The sign is not larger than 90 square feet of total sign area in a residential or agricultural zone district, or 150 square feet of total sign area in a commercial or industrial zone district. 2. The sign otherwise complies with restrictions and conditions set forth in these Regulations. J. Ideological Sign. A sign expressing philosophical concepts, including religious and political signs. K. Temporary Political Campaign Sign. Signs announcing candidates seeking public office and signs relating to ballot issues. 11-103. TEMPORARY SIGNS AND STANDARDS. The following Temporary Signs are allowed in all zone districts and do not require a sign permit. Temporary signs shall not be illuminated and be subject to compliance with the currently adopted Building Code, the regulatory provisions in Section 11-203 Sign Table, and the Standards listed in this Section. A. Construction Sign. On building construction sites, individual signage for the participating building contractors, subcontractors, participating professional firms, participating lending institution and property owners on the construction site. The total square footage of all signs on a site shall not exceed 32 square feet. All signs shall be removed no later than 7 days after the completion of the project or the issuance of the Certificate of Occupancy. B. Real Estate Signs. One real estate sign per street frontage of the lot being offered for sale, rent or lease. The real estate sign shall be removed no later than 7 days after the closing of the real estate conveyance. C. Garage Sale Signs. Garage sale sign shall not exceeding 6 square feet of sign area and shall be installed not more than 7 days prior to and 2 days after the garage sale. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-4 D. Community Event and Non-Profit Fund Raising Signs. Signs announcing any public, charitable, educational, or religious event or function, shall comply with the Sign Table 11-203 and shall be installed for a period of not more than 21 days prior to and 2 days after the event. E. Temporary Decorations and Displays. Temporary decoration or displays which that are clearly incidental to and are customarily associated with any national, local or religious holiday or celebration. DIVISION 2 SIGN PERMIT APPLICATION, REVIEW, AND APPROVAL. 11-201. PROCESS. A. Application Materials. Any application for a sign permit shall include the following materials. The Building Official may require additional materials or information as deemed necessary to properly evaluate the proposed sign. 1. Application Form and Fees. The application for a sign permit shall be made by the owner of the property on which the sign is to be located, or the owner’s authorized agent. The permit fee shall be established by resolution of the BOCC and the fee schedule provided to the applicant by the Building Official. Application shall be made on forms provided by the Building Official and shall include the following information. a. The name, address and phone number of the applicant. b. The physical address of the property. c. Zoning of the property. d. The nature of the principal use to be identified by the proposed sign. 2. Scale Drawing of the Sign. A scale drawing of the proposed sign, that includes exact dimensions and area calculations, text, and color and materials proposed for the sign. 3. Site Plan. A site plan, drawn to scale, showing the proposed location and orientation of the sign. The plat plan shall include all public rights-of-way of record that may affect or be affected by the location of the proposed sign. 4. Description of Sign Illumination. A detailed description of the sign illumination. This may be shown on the scale drawing of the proposed sign. Description of illumination shall include target illumination levels, hours of operation, control methods, lamp and luminaire information, and manufacturer description. B. Review and Approval. 1. Completeness Determination. Within 5 working days of receiving an application for Sign Permit, the Building Official shall determine whether the application is complete, based upon the requirements for application materials set forth in Section 11-201.A. 2. Permit Issuance. Within 10 days of the application being determined complete, the Building Official shall either issue a permit, issue a permit with conditions or provide written notice to the applicant denying the application and the specific review criteria that were not met. 3. Appeal. The Building Official’s decision may be appealed to the BOCC pursuant to Section 4-111, Call-Up. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-5 4. Variance. The applicant for a sign permit may apply to the Board of Adjustment for a variance from provisions of this Code pursuant to Section 4-115, Variance. 11-202. REVIEW CRITERIA. A. Location. 1. One sign may be allowed per lot street frontage, unless otherwise permitted by this Code. 2. The sign identifies or advertises the legally established use of the lot on which the sign is located. 3. A sign shall be located upon the property or business identified or advertised by the sign, 4. The sign is located entirely on private property and shall not be located in a public right-of-way or an easement. B. Illumination. 1. All signs excluding temporary decorative holiday lighting shall have shielded and covered light bulbs. 2. Signs shall not blink or flash. 3. Illuminated signs shall not cause glare or otherwise adversely impact residential areas. 4. Neither the direct or reflected light from any light source illuminating the sign shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. C. Safety. 1. Signs shall not prevent free ingress or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape, except those signs that may be required by other codes, regulations, or ordinances for public safety. 2. Signs shall be constructed or maintained with sufficient horizontal and vertical clearance from authorized communication or energized electrical power lines as prescribed by state law or as required by the utility provider. 3. All signs shall not create an obstruction for traffic or create any hazard for motorists, cyclist or pedestrians, including: a. Signs shall not impair visibility in the public right-of-way, or be located within a clear vision area per Figure 7-305A and B. b. Signs shall not obstruct or interfere with traffic signs or signals. They shall not imitate an official traffic sign or signal of which contain the words “stop,” “slow” or other similar words, c. Signs shall not be of a size, location, movement, content, coloring or manner of illumination that may be confused with or construed as a traffic-control device. 4. All signs shall be structurally safe, not hazardous and shall comply with the currently adopted building and electrical code and shall meet the following: a. Signs over 10 feet in height and/or 40 square feet in surface area shall be engineered to withstand wind loading. b. Electrical wiring for the sign shall be underground in the case of freestanding signs, and behind the sign cabinet in the case of wall or projecting signs. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-6 c. Roof signs, signs mounted on marquees, or projecting signs shall be engineered in such a manner that no guy wires are needed for support, other than for the sign structure itself. d. Anchors and supports shall be 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 safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by a parapet wall that is not braced. D. Content. A sign shall not be of an obscene, indecent or immoral character that will offend public morals or decency, based upon constitutional standards. E. Dimensions. The size and height of the sign complies with standards set forth in the Section 11-203, Sign Table. 11-203. SIGN TABLE. The Sign Table details the regulatory provisions for signs in each zone district. Definition of the terms identifying types of signs and structural types of signs is set forth in Article 16, Definitions. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-7 Table 11-203: Sign Table Zoning District Structural Types of Signs Business Construction Identification Identification, Joint Ideological Max. Height (feet) Max. Sign Area per Face (square feet) Additional Requirements R Freestanding X X X X X 20 90 Wall X X X X X Height of Wall 32 2 square feet per lineal foot of building frontage not to exceed max. sign area. Projecting X X X X X Suspended X X X X X Roof X X X X X Peak of Roof Temporary X X X X X 10 32 Unless otherwise allowed per 11-103. RS/RU Freestanding X X X 4 32 Freestanding Signs are for subdivision Identification only. Wall X X X N/A 2.5 Temporary X X X 4 6 Unless otherwise allowed per 11-103. CG/CL Freestanding X X X X X 30 150 Wall X X X X X Height of Wall 60 2 square feet per lineal foot of building not to exceed max. sign area. Projecting X X X X X Suspended X X X X X Roof X X X X X Peak of Roof Temporary X X X X X 10 32 Unless otherwise allowed per 11-103. RLGS Freestanding X X X X X 20 90 Wall X X X X X Height of Wall 32 2 square feet per lineal foot of building frontage, not to exceed max. sign area. Projecting X X X X X Suspended X X X X X Roof X X X X X Peak of Roof GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-8 Table 11-203: Sign Table Zoning District Structural Types of Signs Business Construction Identification Identification, Joint Ideological Max. Height (feet) Max. Sign Area per Face (square feet) Additional Requirements Temporary X X X X X 10 32 Unless otherwise allowed per 11-103. RLP Freestanding X X X X X 15 50 Wall X X X X X Height of Wall 32 2 square feet per lineal foot of building frontage not to exceed max. sign area. Projecting X X X X X Suspended X X X X X Roof X X X X X Peak of Roof Temporary X X X X X 5 32 Unless otherwise allowed per 11-103. PA Freestanding X X X X X 30 150 All signs subject to Airport Director approval. Wall X X X X X Height of Wall 180 2 square feet per lineal foot of building frontage not to exceed max. sign area. A wall sign shall be allowed on the runway and public access side of each building. All signs subject to Airport Director approval. Projecting X X X X X Temporary X X X X X 10 32 All signs subject to Airport Director approval. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-9 DIVISION 4 MAINTENANCE, INSPECTION, AND ENFORCEMENT. 11-401. OBSOLETE SIGNS. A. Applicability. An obsolete sign, is a sign that is 1. Located on property that advertises a business, event, etc that moves, closes, or becomes vacant or unoccupied for a period of 6 months or more, or 2. Signs that pertain to a time, event or purpose that no longer applies. B. Removal. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed by the owner may be removed by the Building Official, as authorized in this Code, provided however, that the following types of signs shall be excepted from these provisions: 1. Exception for Change of Ownership. Signs displayed on a business temporarily suspended because of a change of owner ship or management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of 12 months or more. 2. Exception for Seasonal Business. Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of 12 months or more. 11-402. NONCONFORMING SIGNS. A. Legally Nonconforming Signs. Signs legally erected prior to adoption of these Regulations and lawfully maintained in accordance with the provisions of prior regulations, but which do not conform with the provisions of these Regulations, shall be allowed to continue under the following conditions: 1. The nonconforming sign shall not be structurally altered in any manner that increases the nonconformity of such sign. 2. The nonconforming sign shall not be relocated or replaced in manner that continues the nonconformity. 3. The burden of establishing a sign to be a legally nonconforming sign under this Code shall rest entirely upon the owner. B. Termination of Legally Nonconforming Signs. 1. Abandonment. Legally nonconforming signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a violation of this Code and shall be subject to removal by action of the County. 2. Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in compliance with the maintenance requirements set forth in Section 11-403, Maintenance. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-10 3. Violations. Any violation of these Regulations or the prior regulations under which a legally nonconforming sign has been permitted shall immediately terminate the right to continue use of the nonconforming sign. The BOCC may choose to condemn a legally nonconforming sign found to be in violation of this Code. Recommendations for condemnation shall be made by the Building Official to the BOCC in compliance with the procedures set forth in this Code. 11-403. MAINTENANCE, INSPECTION AND ORDER TO REPAIR. A. Maintenance. Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports that are not galvanized or constructed of rust resistant metals. B. Inspection and Authority for Order to Repair. The Building Official shall inspect and shall have the authority to order the repair, alteration, painting or removal, at the owner’s expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. C. Written Order. When the Building Official finds that a violation of these Regulations exists, he shall issue a written order to the alleged violator. 1. The order shall be served on both the property owner and the owner of the sign, if different, personally, or by certified mail, return receipt requested. 2. The order shall specify the regulatory provisions that the individual may be in violation of, and shall state that the individual has 10 days from the date of receipt of the order in which to correct the alleged violation or to file an appeal with the BOCC. 11-404. REMEDIES. A. Removal of Abandoned or Obsolete Sign. If, upon inspection, the Building Official finds that a sign has been abandoned, a written order shall be issued to the owner of the sign and/or owner or property owner stating the violation and requiring that the sign be removed within 10 days of receipt of the order. In cases of emergency, the Building Official may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense of the owner of the sign or premises. B. Removal of Prohibited Sign. In the case that a sign violates this Code, the sign owner or property owner shall be required to remove the offending sign(s) within 10 days of receipt of written notification provided to the sign owner or property owner either personally or by certified mail, return receipt requested. If the sign is not removed in compliance with the order, the County may remove the offending sign(s) and recover the costs from the sign owner or property owner. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 11-11 C. Revocation of Sign Permit. If the Building Official finds that the sign under any permit issued does not comply with the information supplied in the permit application and/or is in violation of this Code, or finds that there has been any misrepresentation in connection with the application for the permit, he shall notify the sign owner or property owner of such findings and notify the sign owner or property owner that the violation must be corrected within 10 days. If such correction is not made within the 10-day period, the Building Official shall revoke the permit and shall provide written notice thereof to the sign owner or property owner. 11-405. ENFORCEMENT AND PENALTIES. Violations of the regulatory provisions in this Article 11 are subject to the applicable enforcement and penalty provisions set forth in Article 12, Enforcement, Violation and Penalties.