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HomeMy WebLinkAboutArticle 11 BOCC Changes REDLINE  LUDC 2013     GARFIELD COUNTY, COLORADO  Article 11: Signs PLANNING COMMISSION RECOMMENDATION DRAFT MARCH 13, 2013 CLEAN       Article 11 Signs Table of Contents DIVISION 1. GENERAL PROVISIONS. 1 11-101. APPLICABILITY. 1 A. General. 1 B. Sign Permit Required. 1 C. Sign Size Measurement. 1 11-102. EXEMPT SIGNS AND STANDARDS. 1 A. Government Sign and Notice. 1 B. Signage for Hazardous or Dangerous Conditions. 1 C. Building Identification and Commemorative Sign. 1 D. Structural Maintenance and Changes to Advertising Copy. 1 E. Residential Sign. 1 F. Vehicle Signs and Advertising Device. 1 G. Art Display. 2 H. Directional Traffic Sign. 2 I. Signs Identifying a Place of Religious Assembly. 2 J. Ideological Sign. 2 11-103. TEMPORARY SIGNS AND STANDARDS. 2 A. Construction Sign. 2 B. Temporary Political Campaign Sign. 2 C. Real Estate Signs. 2 D. Garage Sale Signs. 2 E. Community Event and Non-Profit Fund Raising Signs. 2 F. Temporary Decorations and Displays. 3 DIVISION 2. SIGN PERMIT APPLICATION AND PROCEDURES. 3 11-201. PROCESS. 3 A. Applicatio n Materials. 3 B. Review and Approval. 3 C. Amendment. 3 11-202. GENERAL SIGN STANDARDS. 3 A. Location. 3 B. Illumination. 4 C. Safety. 4 D. Content. 4 E. Dimensions. 5 11-203. SIGN TABLE. 6 DIVISION 4. MAINTENANCE, INSPECTION, AND ENFORCEMENT. 8 11-401. OBSOLETE SIGNS. 8 A. Applicability. 8 B. Removal. 8 11-402. NONCONFORMING SIGNS. 8 A. Legal Nonconforming Signs. 8 B. Termination of Legal Nonconforming Signs. 8 11-403. MAINTENANCE, INSPECTION AND ORDER TO REPAIR. 9 A. Maintenance. 9 B. Inspection and Authority for Order to Repair. 9 11-404. REMEDIES. 9 A. Removal of Abandoned or Obsolete Sign. 9 B. Health, Safety and Welfare. 9 11-405. ENFORCEMENT AND PENALTIES. 9 DIVISION 1. GENERAL PROVISIONS. 1 11-101. APPLICABILITY. 1 A. General. 1 B. Sign Permit Required. 1 C. Sign Size Measurement. 1 11-102. EXEMPT SIGNS AND STANDARDS. 1 A. Government Sign and Notice. 1 B. Signage for Hazardous or Dangerous Conditions. 1 C. Building Identification and Commemorative Sign. 1 D. Structural Maintenance and Changes to Advertising Copy. 1 E. Residential Sign. 1 F. Vehicle Signs and Advertising Device. 1 G. Art Display. 2 H. Directional Traffic Sign. 2 I. Signs Identifying a Place of Religious Assembly. 2 J. Ideological Sign. 2 11-103. TEMPORARY SIGNS AND STANDARDS. 2 A. Construction Sign. 2 B. Temporary Political Campaign Sign. 2 C. Real Estate Signs. 2 D. Garage Sale Signs. 2 E. Community Event and Non-Profit Fund Raising Signs. 2 F. Temporary Decorations and Displays. 3 DIVISION 2. SIGN PERMIT APPLICATION AND PROCEDURES. 3 11-201. PROCESS. 3 A. Application Materials. 3 B. Review and Approval. 3 C. Amendment . 3 11-202. GENERAL SIGN STANDARDS. 3 A. Location. 3 B. Illumination. 4 C. Safety. 4 D. Content. 4 E. Dimensions. 5 11-203. SIGN TABLE. 6 DIVISION 4. MAINTENANCE, INSPECTION, AND ENFORCEMENT. 8 11-401. OBSOLETE SIGNS. 8 A. Applicability. 8 B. Removal. 8 11-402. NONCONFORMING SIGNS. 8 A. Legal Nonconforming Signs. 8 B. Termination of Legal Nonconforming Signs. 8 11-403. MAINTENANCE, INSPECTION AND ORDER TO REPAIR. 9 A. Maintenance. 9 B. Inspection and Authority for Order to Repair. 9 11-404. REMEDIES. 9 A. Removal of Abandoned or Obsolete Sign. 9 B. Health, Safety and Welfare. 9 11-405. ENFORCEMENT AND PENALTIES. 9 ARTICLE 11: SIGNS DIVISION 1. GENERAL PROVISIONS. 11-101. APPLICABILITY. General. This Article applies to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Garfield County. 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. 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, in which case 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 Building and Electrical Code and the provisions within section 11-202, General Sign Standards. Government Sign and Notice. Government signs for local, State, and Federal agencies, such as “Neighborhood Watch” signs and COGCC required signs. 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. Signage for Hazardous or Dangerous Conditions. Temporary or permanent signs erected by a Public Utility company or construction company to warn of dangerous or hazardous conditions. Warning signs such as “No Trespassing,” “Danger,” and “Do Not Enter.” Building Identification and Commemorative Sign. Building name, date of construction, 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. Structural Maintenance and Changes to Advertising Copy. Painting, repairing, and cleaning of a sign or changing the advertising copy or message on an advertising structure, unless a structural change is made to the sign. Residential Sign. Identification signs for individual places of residence. Vehicle Signs and Advertising Device. Signs permanently affixed to a vehicle or trailer with current registration, such as advertisements painted on trucks and cars. 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. Directional Traffic Sign. Directional traffic signs that do not carry any commercial messages or advertisements. Signs Identifying a Place of Religious Assembly. Signs identifying a building as a place of religious assembly or as a religious institution, provided that the sign is not larger than 90 square feet in the RMHP, RS, RU and R zone districts, or 150 square feet in a nonresidential zone district. Ideological Sign. Signs expressing philosophical concepts, including religious and political signs provided that the sign is not larger than 5 square feet in the RMHP, RS, and RU zone districts, or 3220 square feet in any other the R zone district or 32 square feet in any other nonresidential zone district. 11-103. TEMPORARY SIGNS AND STANDARDS. The following Temporary Signs are allowed in all zone districts and do not require a Sign Permit, so long as they comply with the standards in section 11-103, Temporary Signs and Standards; section 11-203, Sign Table; section 11-202, General Sign Standards, and the Building and Electrical Code. Temporary Signs, excluding decorations and displays, shall not be illuminated and shall not exceed 10 feet in height and 32 square feet in size, unless otherwise noted. 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. Temporary Political Campaign Sign. Signs announcing candidates seeking public office and signs relating to ballot issues. Political Campaign Signs shall be removed no later than 7 days after the election for which they are intended. 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. 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. Community Event and Non-Profit Fund Raising Signs. Signs announcing any public, charitable, educational, or religious event or function, and shall be installed for a period of not more than 21 days prior to and 2 days after the event. Temporary Decorations and Displays. Temporary decoration or displays which that are clearly incidental to and are customarily associated with any national, state or local, event, holiday, or celebration. DIVISION 2. SIGN PERMIT APPLICATION AND PROCEDURES. 11-201. PROCESS. 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. The application for a Sign Permit and payment of the required fee shall be made by the owner or owner’s authorized agent of the property on which the sign is to be located. Application shall be made on forms provided by the Building Official. A scale drawing of the proposed sign that includes exact dimensions and area calculations, text, and color and materials proposed for the sign. A Site Plan, drawn to scale, showing the proposed location and orientation of the sign, including all public rights-of-way and easements of record that may affect or be affected by the location of the proposed sign. A detailed description of illumination including target illumination levels, hours of operation, control methods, lamp and lumens information, and manufacturer description. Review and Approval. Within 10 business days of receiving an application for a Sign Permit, the Building Official shall determine whether the application is complete. Within 10 business days of the application being determined complete, the Building Official shall issue a permit, issue a permit with conditions, or provide written notice to the Applicant denying the application and identifying the specific standards that were not met. 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. C. Appeal. The decision issued by the Building Official may be called-up to the BOCC pursuant to section 4-112. D. Amendment. Any modification or deviation from the terms or conditions of an approved Sign Permit is prohibited unless the Building Official has determined the modification to be minor and has approved the changes. If the modification is a substantial modification, in that it changes the size, structure or lighting, the Applicant shall submit a new sign permit application. 11-202. GENERAL SIGN STANDARDS. Location. One sign may be allowed per lot street frontage, unless otherwise permitted by this Code. The sign identifies or advertises the legally-established use of the lot on which the sign is located. A sign shall be located upon the property or business identified or advertised by the sign, The sign is located entirely on private property and shall not be located in a public right-of-way or easement. Illumination. All signs, excluding temporary decorative holiday lighting, shall have shielded and covered light bulbs and shall not blink or flash. Illuminated signs shall not cause glare or otherwise adversely impact residential areas. The light from any sign illumination source shall not create a traffic hazard to operators of motor vehicles. Safety. 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. Signs shall have 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. No signs shall create an obstruction for traffic or create any hazard for motorists, cyclists, or pedestrians, including: Signs shall not impair visibility in the public right-of-way, or be located within a Clear Vision Area in section 7-303.I. Signs shall not obstruct or interfere with traffic signs or signals. They shall not imitate an official traffic sign or signal or contain the words “stop,” “slow” or other similar words. 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. All signs shall be structurally safe, not hazardous, comply with the Building and Electrical Code, and meet the following criteria: Signs over 10 feet in height and/or 40 square feet in surface area shall be engineered to withstand wind loading. Roof Signs, signs mounted on marquees, or projecting signs shall be engineered in such a manner that no guy wires are needed. 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. 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. Content. A sign shall not be of an obscene, indecent, or immoral character that will offend public morals or decency, based upon constitutional standards. Dimensions. The size and height of the sign complies with standards in 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 15, Definitions. Table 11-203: Sign Table  Zoning District Structural Types of Signs Sign Type Max. Height (feet) Max. Sign Area per Face (square feet) Additional Requirements    Business Construction Identification Identification, Joint Temporary                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       Suspended X X X X       Roof X X X X  Peak of Roof               RS/RU Freestanding  X X  X 4 32 Freestanding Signs are for subdivision identification only. Temporary Signs shall not exceed 4 feet in height and 6 square feet in Sign Area.   Wall  X X  X N/A 2.5 Temporary Signs shall not exceed 4 feet in height and 6 square feet in Sign Area.             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       Suspended X X X  X       Roof X X X X  Peak of Roof               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       DIVISION 4. MAINTENANCE, INSPECTION, AND ENFORCEMENT. 11-401. OBSOLETE SIGNS. Applicability. An obsolete sign is a sign that: Is located on a property that advertises a business, event, etc. that moves, closes, or becomes vacant or unoccupied for a period of 6 months or more, or Pertains to a time, event, or purpose that no longer applies. 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 removed by the owner may be removed by the Building Official, as authorized in this Code provided, that the following types of signs shall be excepted from these provisions: Exception for Change of Ownership. Signs displayed on a business temporarily suspended because of a change of ownership 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. 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. Legal Nonconforming Signs. The burden of establishing a sign to be a legal nonconforming sign under this Code shall rest entirely upon the owner. Signs legally erected prior to adoption of this Code and lawfully maintained in accordance with the provisions of prior regulations, but that do not conform with the provisions of this Code, shall be allowed to continue under the following conditions: The nonconforming sign shall not be structurally altered in any manner that increases the nonconformity of such sign. The nonconforming sign shall not be relocated or replaced in manner that continues the nonconformity. Termination of Legal Nonconforming Signs. Abandonment. Legal nonconforming signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within 6 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 the County. Failure to Maintain. The right to continue use of a legal nonconforming sign shall terminate if the sign is not maintained in compliance with the maintenance requirements set forth in section 11-403, Maintenance. Violations. Any violation of this Code or the prior regulations under which a legal nonconforming sign has been permitted shall immediately terminate the right to continue use of the nonconforming sign. The BOCC may choose to condemn a legal 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. 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. 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. 11-404. REMEDIES. 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 property owner stating the violation and requiring that the sign be removed within 10 days of receipt of the order. Health, Safety and Welfare. 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. 11-405. ENFORCEMENT AND PENALTIES. Violations of this Article are subject to the applicable enforcement and penalty provisions set forth in Article 12, Enforcement, Violation and Penalties.